Table Of Contents

Sydney Local Environmental Plan 2012

Part 1 Preliminary
1.1   Name of Plan
This Plan is Sydney Local Environmental Plan 2012.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
Note—
See the historical notes for the day on which this Plan was published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in the City of Sydney 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 reinforce the role of the City of Sydney as the primary centre for Metropolitan Sydney,
(b)  to support the City of Sydney as an important location for business, educational and cultural activities and tourism,
(c)  to promote ecologically sustainable development,
(d)  to encourage the economic growth of the City of Sydney by—
(i)  providing for development at densities that permit employment to increase, and
(ii)  retaining and enhancing land used for employment purposes that are significant for the Sydney region,
(e)  to encourage the growth and diversity of the residential population of the City of Sydney by providing for a range of appropriately located housing, including affordable housing,
(f)  to enable a range of services and infrastructure that meets the needs of residents, workers and visitors,
(g)  to ensure that the pattern of land use and density in the City of Sydney reflects the existing and future capacity of the transport network and facilitates walking, cycling and the use of public transport,
(h)  to enhance the amenity and quality of life of local communities,
(i)  to provide for a range of existing and future mixed-use centres and to promote the economic strength of those centres,
(j)  to achieve a high quality urban form by ensuring that new development exhibits design excellence and reflects the existing or desired future character of particular localities,
(k)  to conserve the environmental heritage of the City of Sydney,
(l)  to protect, and to enhance the enjoyment of, the natural environment of the City of Sydney, its harbour setting and its recreation areas.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
Note—
The City of Sydney Act 1988 constitutes the Central Sydney Planning Committee which has and may exercise the functions of the Council under Parts 4, 5, 6 and 8 of the Environmental Planning and Assessment Act 1979 in relation to the carrying out of major development, to the exclusion of 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—
Interim Development Order No 27—Municipality of Leichhardt.
(1A)  State Environmental Planning Policy No 41—Casino Entertainment Complex is repealed.
(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.
(2A)  Schedule 6 is repealed on the day following the day on which this Plan is published on the NSW legislation website.
1.8A   Savings provisions relating to development applications
(1)  If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.
(2)  For the purposes of determining development application D/2012/893, lodged with Council on 13 June 2012, block 2 within the meaning of clause 52A of Sydney Local Environmental Plan 2005 is taken to include Lot 1, DP 913005.
(3)  The amendments made to this plan by Sydney Local Environmental Plan Amendment (Serviced Apartments) 2019 do not apply to a development application made but not finally determined before the commencement of those amendments.
(4)  A development application made, but not finally determined, before 1 July 2021 must be determined as if Sydney Local Environmental Plan 2012 (Amendment No 52) had not commenced if the application relates to development—
(a)  on land in Central Sydney, or
(b)  on residual land within the meaning of clause 7.13.
(5)  The amendments made to this plan by Sydney Local Environmental Plan 2012 (Amendment No 64) do not apply to—
(a)  a concept development application or a development application made but not finally determined before the commencement of the amendments, or
(b)  a development application made after the commencement of the amendments, if the development application is subsequent to, and made in reliance on, a concept development application in relation to the same development that was—
(i)  made but not finally determined before the commencement of the amendments, or
(ii)  granted development consent before the commencement of the amendments.
(6)  Despite subclause (5), an amount of additional floor space calculated under clause 6.4(1A) as inserted by Sydney Local Environmental Plan 2012 (Amendment No 64)—
(a)  applies to a development application subsequent to, and made in reliance on, a development application or concept development application made in relation to the same development, and
(b)  is calculated by reference to the additional floor space available on the date the application being relied on was made.
(7)  A development application or an application for a complying development certificate made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2022 must be determined as if that Policy had not commenced.
cl 1.8A: Am 2019 (661), Sch 1.2[1]; 2021 (207), Sch 1[1]; 2021 (717), Sch 1[1]; 2022 (826), Sch 1.4[1] [2]; 2022 (850), cl 4(1)–(3).
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
(2A)  State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Divisions 1, 2, 3 and 5 and Chapter 3, Part 3 do not apply to—
(a)  land at Green Square or at Ultimo-Pyrmont, or
(b)  southern employment land, or
(c)  land at the Waterloo Metro Quarter, or
(d)  land in Central Sydney, or
(e)  land at 17–31 Cowper Street or 2A–2D Wentworth Park Road, Glebe, or
(f)  Botany Road Precinct Opportunity Land, or
(g)  Waterloo Estate (South)—Area 1, or
(h)  Waterloo Estate (South)—Area 2.
(2B)  State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 4 does not apply to—
(a)  land at Green Square or at Ultimo-Pyrmont, or
(b)  southern employment land, or
(c)  land at the Waterloo Metro Quarter, or
(d)  land at 17–31 Cowper Street or 2A–2D Wentworth Park Road, Glebe, or
(e)  Waterloo Estate (South)—Area 1, or
(f)  Waterloo Estate (South)—Area 2.
(2C)  State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 does not apply to land at 600–660 Elizabeth Street, Redfern.
cl 1.9: Am 2015 (294), Sch 1 [1]; 2019 (449), Sch 1 [1]; 2021 (207), Sch 1[2]; 2021 (431), cl 4; 2021 (534), Sch 1[1]; 2021 (714), Sch 10.18[1]; 2022 (50), Sch 1[1]; 2022 (678), Sch 1[1]; 2022 (679), Sch 1[1] [2].
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act, or
(h)  to land in Central Sydney.
(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
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP5 Metropolitan Centre
Recreation Zones
RE1 Public Recreation
cl 2.1: Am 2015 (294), Sch 1 [2]; 2022 (857), Sch 1.7[1] [2].
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 2014 (120), Sch 1 [1]; 2015 (294), Sch 1 [3]–[15]; 2016 (167), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2021 (714), Sch 10.18[2]; 2021 (717), Sch 1[2] [3]; 2022 (314), Sch 1; 2022 (771), Sch 1.1[1]; 2022 (857), Sch 1.7[3] (am 2023 (82), Sch 1.6[12]) [4].
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.
•  To maintain the existing land use pattern of predominantly residential uses.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Food and drink premises; Group homes; Home industries; Horticulture; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Roadside stalls; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Shops; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Commercial premises; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Environmental protection works; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industries; Local distribution premises; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wholesale supplies
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Electricity generating works; Emergency services facilities; Environmental facilities; Exhibition homes; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Horticulture; Hostels; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Roadside stalls; Seniors housing; Shop top housing; Signage; Tank-based aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone E1   Local Centre
1   Objectives of zone
•  To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
•  To encourage investment in local commercial development that generates employment opportunities and economic growth.
•  To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
•  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
4   Prohibited
Depots; Extractive industries; Freight transport facilities; Heavy industrial storage establishments; Industrial retail outlets; Industries; Pond-based aquaculture; Storage premises; Transport depots
Zone E2   Commercial Centre
1   Objectives of zone
•  To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
•  To encourage investment in commercial development that generates employment opportunities and economic growth.
•  To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
•  To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
•  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
•  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 maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Horticulture; Hotel or motel accommodation; Information and education facilities; Light industries; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Waste or resource transfer stations; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Environmental protection 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 occupations (sex services); Industrial retail outlets; Industries; Jetties; Port facilities; Recreation facilities (major); Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Waste or resource management facilities; Water recreation structures; Water supply systems; Wholesale supplies
Zone E3   Productivity Support
1   Objectives of zone
•  To provide a range of facilities and services, light industries, warehouses and offices.
•  To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
•  To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
•  To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
•  To provide opportunities for new and emerging light industries.
•  To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
•  To encourage employment opportunities.
•  To promote land uses with active street frontages.
•  To provide for land uses that support the viability of adjoining industrial land uses.
2   Permitted without consent
Nil
3   Permitted with consent
Agricultural produce industries; Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Food and drink premises; Function centres; Garden centres; General industries; Hardware and building supplies; Horticulture; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Roadside stalls; Rural supplies; Service stations; Shops; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Amusement centres; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Heavy industrial storage establishments; Helipads; Industries; Residential accommodation; Retail premises; Rural industries; Tourist and visitor accommodation; Truck depots
Zone E4   General Industrial
1   Objectives of zone
•  To provide a range of industrial, warehouse, logistics and related land uses.
•  To ensure the efficient and viable use of land for industrial uses.
•  To minimise any adverse effect of industry on other land uses.
•  To encourage employment opportunities.
•  To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
•  To ensure land uses support the viability of nearby local centres.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Nil
3   Permitted with consent
Agricultural produce industries; Depots; Food and drink premises; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Horticulture; Industrial retail outlets; Industrial training facilities; Kiosks; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Roadside stalls; Take away food and drink premises; Tank-based aquaculture; Timber yards; 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; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; 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; Passenger transport facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Self-storage units; Sex services premises; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Wholesale supplies
Zone MU1   Mixed Use
1   Objectives of zone
•  To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
•  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
•  To ensure land uses support the viability of nearby centres.
•  To integrate suitable business, office, residential, retail and other land uses in accessible locations that maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home occupations
3   Permitted with consent
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
4   Prohibited
Extractive industries; Heavy industrial storage establishments; Heavy industries; Pond-based aquaculture
Zone SP1   Special Activities
1   Objectives of zone
•  To provide for special land uses that are not provided for in other zones.
•  To provide for sites with special natural characteristics that are not provided for in other zones.
•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Horticulture; Recreation areas; 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 SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Horticulture; Roads; Water storage facilities; Water treatment facilities; 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 SP5   Metropolitan Centre
1   Objectives of zone
•  To recognise and provide for the pre-eminent role of business, office, retail, entertainment and tourist premises in Australia’s participation in the global economy.
•  To provide opportunities for an intensity of land uses commensurate with Sydney’s global status.
•  To permit a diversity of compatible land uses that are characteristic of Sydney’s global status and that serve the workforce, visitors and wider community.
•  To encourage the use of alternatives to private motor vehicles, including public transport, walking and cycling.
•  To promote land uses with active street frontages within podiums that contribute to the character of the street.
•  To promote the efficient and orderly development of land in a compact urban centre.
•  To promote a diversity of commercial opportunities varying in size, type and function, including new cultural, social and community facilities.
•  To recognise the important role that central Sydney’s public spaces, streets and amenity play in a global city.
•  To promote the primary role of the zone as a centre for employment and permit residential accommodation and serviced apartments where the accommodation complements employment-generating land uses.
2   Permitted without consent
Nil
3   Permitted with consent
Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Pond-based aquaculture
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 provide links between open space areas.
•  To retain and promote access by members of the public to areas in the public domain including recreation facilities and waterways and other natural features.
•  To protect sun access to publicly accessible land.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Food and drink premises; Horticulture; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Roads; Roadside stalls; Signage; Water recreation structures; Water recycling facilities; Water supply systems
4   Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
[Not adopted]
4.2   Rural subdivision
[Not applicable]
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure the height of development is appropriate to the condition of the site and its context,
(b)  to ensure appropriate height transitions between new development and heritage items and buildings in heritage conservation areas or special character areas,
(c)  to promote the sharing of views outside Central Sydney,
(d)  to ensure appropriate height transitions from Central Sydney and Green Square Town Centre to adjoining areas,
(e)  in respect of Green Square—
(i)  to ensure the amenity of the public domain by restricting taller buildings to only part of a site, and
(ii)  to ensure the built form contributes to the physical definition of the street network and public spaces.
(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.
Note—
No maximum height is shown for land in Area 3 on the Height of Buildings Map. The maximum height for buildings on this land are determined by the sun access planes that are taken to extend over the land by clause 6.17.
(2A)  Despite any other provision of this Plan, the maximum height of a building on land shown as Area 1 or Area 2 on the Height of Buildings Map is the height of the building on the land as at the commencement of this Plan.
cl 4.3: Am 2021 (717), Sch 1[4].
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to provide sufficient floor space to meet anticipated development needs for the foreseeable future,
(b)  to regulate the density of development, built form and land use intensity and to control the generation of vehicle and pedestrian traffic,
(c)  to provide for an intensity of development that is commensurate with the capacity of existing and planned infrastructure,
(d)  to ensure that new development reflects the desired character of the locality in which it is located and minimises adverse impacts on the amenity of that locality.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
4.5   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.
4.5A   Balconies on certain residential flat buildings
(1)  The consent authority may exclude the gross floor area of any existing or proposed wind-affected balcony from the calculation of the total floor space for the purposes of applying a floor space ratio if the consent authority is satisfied of the following—
(a)  the excluded balcony gross floor area does not exceed 15% of the gross floor area of the apartment to which the balcony is attached,
(b)  the wind-affected balcony is used, or designed to be used, as external open space,
(c)  the wind-affected balcony has sufficient natural ventilation,
(d)  the partial enclosure of the wind-affected balcony does not increase the apparent bulk of the building.
(2)  For the purposes of this clause, wind-affected balcony means a balcony that is—
(a)  part of a residential flat building that is over 30 metres high, and
(b)  above the level of any podium that is, or is required to be, part of the construction of the residential flat building, and
(c)  partially enclosed.
cl 4.5A: Ins 2016 (226), Sch 1 [1].
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 to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a)  compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b)  there are sufficient environmental planning grounds to justify the contravention of the development standard.
Note—
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
(4)  The consent authority must keep a record of its assessment carried out under subclause (3).
(5)    (Repealed)
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
(7)    (Repealed)
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following—
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(caa)  clause 5.5,
(ca)  clause 4.3 (Height of buildings), but only in relation to land shown as being in Area 1 or Area 2 on the Height of Buildings Map,
(cab)  clause 4.5A (Balconies on certain residential flat buildings),
(cb)  clause 5.3A (Development below ground level in Zone RE1),
(cc)  clause 6.10 (Heritage floor space),
(cd)  clause 6.11 (Utilisation of certain additional floor space requires allocation of heritage floor space),
(cda)  clause 6.11A (Temporary alternative heritage arrangements in relation to allocation of heritage floor space),
(cdb)  clause 6.16 (Erection of tall buildings in Central Sydney),
(ce)  clause 6.17 (Sun access planes),
(cf)  clause 6.18 (Overshadowing of certain public places), unless the additional overshadowing is caused by playground equipment, a shade structure, an awning, a sculpture or artwork, a community notice or a public information sign,
(cg)  clause 6.19 (View planes), except in relation to the Martin Place View of western sky view protection plane,
(cga)  clause 6.26 (AMP Circular Quay precinct),
(cgb)  clause 6.29 (58–60 Martin Place, Sydney),
(cgc)  clause 6.33 (230–238 Sussex Street, Sydney),
(cgd)  clause 6.35 (45 Murray Street, Pyrmont), but only if the development is an alteration or addition to an existing building,
(cge)  clause 6.36 (12–20 Rosebery Avenue, 22–40 Rosebery Avenue and 108 Dalmeny Avenue, Rosebery),
(cgf)  clause 6.37 (296–298 Botany Road and 284 Wyndham Street, Alexandria),
(cgg)  clause 6.41 (7–15 Randle Street, Surry Hills),
(cgh)  clause 6.42 (102–106 Dunning Avenue, Rosebery),
(cgi)  clause 6.40 (2–32 Junction Street, Forest Lodge),
(cgj)  clause 6.43 (Danks Street South Precinct),
(cgk)  clause 6.52 (1–11 Oxford Street, Paddington),
(cgl)  clause 6.55—4–22 Wentworth Avenue, Surry Hills,
(cgm)  clause 6.56—24–40 Wentworth Avenue, Surry Hills,
(cgn)  clause 6.58—187–189 Thomas Street, Haymarket,
(ch)  Division 1 of Part 7 (Car parking ancillary to other development),
(ci)  clause 6.19A (Views of Sydney Harbour),
(cj)  clause 6.21E(2) and (5) (Tower cluster areas),
(ck)  clause 6.60C—2 Chifley Square, Sydney,
(cl)  clause 6.60D—Oxford Street Cultural and Creative Precinct,
(cm)  clause 6.60E—Flinders Street and Oxford Street,
(cn)  clause 6.60G—15–23 Hunter Street and 103–107 Pitt Street, Sydney.
cl 4.6: Am 2014 (366), Sch 1 [1]; 2015 (486), Sch 1 [1]; 2016 (164), Sch 1 [1]; 2016 (226), Sch 1 [2]; 2016 (443), Sch 1 [1]; 2016 (761), Sch 1 [1]; 2017 (47), Sch 1 [1]; 2017 (750), Sch 1 [1]; 2018 (296), cl 4; 2018 (575), Sch 1 [1]; 2019 (14), Sch 1 [1]; 2019 (146), Sch 1 [1]; 2019 (461), Sch 1 [1] [2]; 2020 (463), Sch 1[1]; 2021 (355), Sch 1[1]; 2021 (535), Sch 1[1]; 2021 (717), Sch 1[5]–[7]; 2022 (723), Sch 1[1]; 2022 (743), Sch 1[1]; 2022 (857), Sch 1.7[5]; 2023 (312), Sch 1[1].
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
(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 2022 (857), Sch 1.7[5].
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land shown on the Land Reservation Acquisition Map that is specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.
Column 1
Column 2
Land
Development
Zone SP2 Infrastructure and marked “Classified road”
Earthworks, Roads
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 6 metres from any land in Zone SP1 Special Activities or Zone SP2 Infrastructure.
(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.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
cl 5.3: Am 2022 (857), Sch 1.7[5].
5.3A   Development below ground level in Zone RE1
(1)  This clause applies to development—
(a)  that is entirely below ground level (existing) on land in Zone RE1 Public Recreation (the Public Recreation Zone), and
(b)  that is for a purpose that may be carried out in a zone that adjoins the Public Recreation Zone.
(2)  Despite any other provision of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development to which this clause applies if the consent authority is satisfied that—
(a)  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, and
(b)  the development will not have any significant adverse effects on the environment and will not prevent any land within the Public Recreation Zone being used for recreational purposes.
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 45 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 45 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)  20% 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 20 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 9 square metres.
(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a)  60 square metres,
(b)  30% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  20% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.127 [1] [2]; 2023 (458), Sch 1[1].
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 premises,
(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 this Plan 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 the City of Sydney,
(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
(1)  The objectives of this clause are as follows—
(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.
(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—
(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h)  any infrastructure services to the site will be provided without significant modification to the environment, and
(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)  the development will not adversely affect the agricultural productivity of adjoining land, and
(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—
(i)  measures to remove any threat of serious or irreversible environmental damage,
(ii)  the maintenance (or regeneration where necessary) of habitats,
(iii)  efficient and minimal energy and water use and waste output,
(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or conservation zones
[Not applicable]
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
(1)  The objectives of this clause are—
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located—
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  for a poultry farm used for breeding poultry—within 5km of another poultry farm, or
(vi)  for a poultry farm not used for breeding poultry—
(A)  within 5km of a poultry farm used for breeding poultry, or
(B)  within 1km of a poultry farm not used for breeding poultry, or
(vii)  for a pig farm—within 3km of another pig farm.
(5)  The following types of development are specified for the purposes of subclause (4)—
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause—
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E3 Productivity Support, Zone MU1 Mixed Use, Zone C3 Environmental Management or Zone C4 Environmental Living.
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of—
(i)  pond-based aquaculture in Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause—
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
5.20   Standards that cannot be used to refuse consent—playing and performing music
(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a)  the playing or performance of music, including the following—
(i)  the genre of music played or performed, or
(ii)  whether the music played or performed is live or amplified, or
(iii)  whether the music played or performed is original music, or
(iv)  the number of musicians or live entertainment acts playing or performing, or
(v)  the type of instruments played,
(b)  whether dancing occurs,
(c)  the presence or use of a dance floor or another area ordinarily used for dancing,
(d)  the direction in which a stage for players or performers faces,
(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.
(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3)  In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.
5.21   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3)  In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4)  A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5)  In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Flood Risk Management Manual.
Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.
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 Local provisions—height and floor space
Division 1 Floor space in Central Sydney
Subdivision 1 Preliminary
6.1   Objective of Division
The objectives of this Division are as follows—
(a)  to provide for additional floor space to be granted as an incentive for certain development in Central Sydney,
(b)  to establish a framework for the transfer of development potential from the site of a heritage building to another site in Central Sydney.
6.2   Definitions
In this Division—
accommodation floor space—see clause 6.4.
Area means an Area shown on the Floor Space Ratio Map.
car parking reduction floor space—see clause 6.5.
end of journey floor space—see clause 6.6.
entertainment and club floor space—see clause 6.7.
heritage floor space—see clause 6.10.
lanes development floor space—see clause 6.8.
opportunity site means land identified as an opportunity site on the Opportunity Sites Map.
opportunity site floor space—see clause 6.9.
shared loading dock facility floor space—see clause 6.5A.
cl 6.2: Am 2021 (717), Sch 1[8].
6.3   Additional floor space in Central Sydney
(1)  Despite clause 4.4, the gross floor area of a building on land in Central Sydney may exceed the maximum permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map by an amount no greater than the sum of any one or more of the following for which the building may be eligible—
(a)  any accommodation floor space,
(b)  any amount determined by the consent authority under clause 6.21D(3) or 6.21E,
(c)  any car parking reduction floor space, shared loading dock facility floor space, end of journey floor space, entertainment and club floor space, lanes development floor space or opportunity site floor space.
(d)–(f)    (Repealed)
(2)  Development consent must not be granted for BASIX affected development in Central Sydney that includes additional floor space calculated in accordance with subclause (1), unless the consent authority is satisfied the BASIX affected part of the building—
(a)  exceeds the BASIX commitment for water by at least 5 points, and
(b)  exceeds the BASIX commitment for energy by at least 10 points.
cl 6.3: Am 2014 (430), Sch 1 [1]; 2021 (717), Sch 1[9]–[11].
Subdivision 2 Types of additional floor space
6.4   Accommodation floor space
(1)  A building that is in an Area, and is used for a purpose specified in relation to the Area in paragraph (a), (b), (c), (d), (e), (f) or (g), is eligible for an amount of additional floor space (accommodation floor space) equivalent to that which may be achieved by applying to the building the floor space ratio specified in the relevant paragraph—
(a)  Area 1, hotel or motel accommodation, community facilities or centre-based child care facilities—6:1,
(b)  Area 1, business premises, educational establishments, entertainment facilities, function centres, health services facilities, information and education facilities, light industries, office premises or retail premises—4.5:1,
(c)  Area 2, business premises, educational establishments, entertainment facilities, function centres, health services facilities, information and education facilities, light industries, office premises or retail premises—4.5:1,
(d)  Area 2, centre-based child care facilities, community facilities or hotel or motel accommodation—6:1,
(e)  Area 3, business premises, educational establishments, entertainment facilities, function centres, health services facilities, information and education facilities, light industries, office premises or retail premises—2.5:1,
(f)  Area 3, centre-based child care facilities, community facilities or hotel or motel accommodation—3.5:1,
(g)  Area 4, business premises, centre-based child care facilities, community facilities, educational establishments, entertainment facilities, function centres, health services facilities, hotel or motel accommodation, information and education facilities, light industries, office premises or retail premises—1.5:1.
(1A)  A building in Area 2, 3 or 4 that is used for the purposes of residential accommodation or serviced apartments is eligible for the amount of accommodation floor space calculated by applying the relevant floor space ratio available on the date the development application is made to the building, as follows—
Area
Additional floor space available until 30 June 2022
Additional floor space available from 1 July 2022 to 30 June 2023
Additional floor space available from 1 July 2023
Area 2
6:1
3:1
Nil
Area 3
3:1
1.5:1
Nil
Area 4
1.5:1
0.75:1
Nil
(2)  The amount of additional floor space that can be achieved under subclause (1) or (1A) is to be reduced proportionally if only part of a building is used for a purpose specified in subclause (1) or (1A).
(3)  More than one amount under subclause (1) or (1A) may apply in respect of a building that is used for more than one purpose.
cl 6.4: Am 2016 (226), Sch 1 [3] [4]; 2017 (493), Sch 1.2 [2]; 2021 (717), Sch 1[12]–[15].
6.5   Car parking reduction floor space
Development on land in Central Sydney that results in the use of any part of a basement of a building being changed from a car park or from an area that is used for parking cars to any other use, causes the building to be eligible for an amount of additional floor space (car parking reduction floor space) equal to the area of any such changed use.
6.5A   Shared loading dock facility floor space
(1)  Development on land in Central Sydney that results in the use of any part of a basement of a building being used for the following purposes causes the building to be eligible for an amount of additional floor space (shared loading dock facility floor space) equal to the area of the use—
(a)  a community loading dock facility,
(b)  a shared loading dock facility.
(2)  In this clause—
community loading dock facility means a publicly accessible off-street loading dock and includes parking for delivery and service vehicles.
shared loading dock facility means a private onsite loading dock that may be shared with neighbouring sites or businesses at neighbouring sites.
cl 6.5A: Ins 2021 (717), Sch 1[16].
6.6   End of journey floor space
(1)  A building on land in Central Sydney that is used only for the purposes of commercial premises and that has all of the following facilities together in one area of the building, is eligible for an amount of additional floor space (end of journey floor space) equal to the floor space occupied by those facilities—
(a)  showers,
(b)  change rooms,
(c)  lockers,
(d)  bicycle storage areas.
(2)  The amount of end of journey floor space cannot be more than the amount of floor space that can be achieved by applying a floor space ratio of 0.3:1 to the building.
6.7   Entertainment and club floor space
A building on land in Central Sydney is eligible for an amount of additional floor space (entertainment and club floor space) equal to the floor space of any parts of the basement of the building used for the purposes of entertainment facilities or registered clubs.
6.8   Lanes development floor space
(1)  This clause applies only to development consisting of alterations or additions to a building that—
(a)  is in existence on the making of this Plan, and
(b)  is on land in Central Sydney, and
(c)  adjoins a lane.
(2)  Development to which this clause applies that results in the total floor space used for lanes development purposes within all relevant premises in a building being greater after the development than it was before the development causes the building to be eligible for an amount of additional floor space (lanes development floor space) equal to that increase.
(3)  For the purposes of this clause—
lane means a public road that is identified on the Lanes Map as a lane.
lanes development purpose means—
(a)  business premises,
(b)  community facilities,
(c)  entertainment facilities,
(d)  food and drink premises,
(e)  information and education facilities,
(f)  places of public worship,
(g)  pubs,
(h)  recreation facilities (indoor),
(i)  registered clubs,
(j)  retail premises.
relevant premises means distinct premises within a building, each of which—
(a)  has a gross floor area of less than 100 square metres, and
(b)  does not have direct access to any other premises in the building, and
(c)  adjoins, and has direct access to, a lane and
(d)  has a floor level no more than 5 metres above the ground level (existing) of the lane.
cl 6.8: Am 2016 (226), Sch 1 [5] [6].
6.9   Opportunity site floor space
(1)  A building that was built before the commencement of this Plan on land that is an opportunity site is eligible for an amount of additional floor space (opportunity site floor space) equivalent to the lesser of the following—
(a)  the amount of floor space created by any alterations or additions to the building, being floor space with a floor level no more than 5 metres above the ground level (existing),
(b)  the amount of floor space that can be achieved by applying a floor space ratio of 0.8:1 to the building.
(2)  Development consent must not be granted to development that utilises opportunity site floor space unless the consent authority is satisfied that the development will result in one or more of the following—
(a)  the infilling of setback areas or colonnades that adjoin a public road,
(b)  the reconfiguration of pedestrian and disabled access between the street and the existing building,
(c)  the reconfiguration of public open space between the street and the existing building,
(d)  the relocation of existing driveways and ramps.
(3)  Development consent must not be granted to development that utilises opportunity site floor space unless the consent authority has taken into consideration the effect of the proposed development on each of the following—
(a)  the amenity of the area in and around the site of the development,
(b)  pedestrian movement in and around the site,
(c)  the opportunities for pedestrians to use and enjoy the space between streets and buildings on the site,
(d)  traffic safety and whether pedestrians will be separated from vehicle traffic,
(e)  the security of persons in and around the site,
(f)  the exposure of pedestrians to the weather,
(g)  the continuity and visual consistency of buildings on and around the site.
Subdivision 3 Heritage floor space
6.10   Heritage floor space
(1) Objective The objective of this clause is to provide an incentive for the conservation and on-going maintenance of heritage buildings within Central Sydney.
(2) Creation of heritage floor space The Council may record in the register an amount of heritage floor space in respect of a person if—
(a)  the person is the owner or the nominee of the owner of a building that is a heritage item shown marked “*” in Schedule 5 (a heritage building), and
(b)  the heritage building is on land in Zone SP5 Metropolitan Centre, and
(c)  conservation works have been carried out on the heritage building and have been completed in accordance with a heritage conservation management plan approved for the building by the consent authority, and
(d)  a covenant is registered that prevents development that increases the total gross floor area of all buildings on the site on which the heritage building is located or that increases the height of the heritage building, and
(e)  an amount of heritage floor space has not been recorded in the previous 25 years (under this clause or under a similar scheme in force before the commencement of this Plan) in respect of the heritage building, and
(f)  no other building has utilised floor space that was available to it only because, at the time the floor space was utilised, the building was on a site that included the heritage building or that included part of the site occupied by the heritage building.
(3) Trading heritage floor space The Council is to reduce the amount of heritage floor space recorded in the register in respect of a person (the transferor) and is to record that amount in the register in respect of another person (the transferee) as soon as practicable after it becomes satisfied that the heritage floor space has been transferred from the transferor to the transferee.
(4) Extinguishing heritage floor space The Council is to reduce the heritage floor space recorded in the register in respect of a person by an amount if—
(a)  the person notifies the Council in writing that the person has allocated that amount of heritage floor space to a particular site, and
(b)  the site has utilised, in accordance with this Division, an amount of additional floor space that required such an allocation.
(5) Existing heritage floor space The Council may also record in the register an amount of heritage floor space in respect of a person if, on the commencement of this Plan—
(a)  that amount was recorded in respect of the person in the register maintained under clause 61 of Sydney Local Environmental Plan 2005, or
(b)  the person was eligible to have that amount recorded in that register, but the amount had not yet been so recorded.
(6) Exclusion of land from floor space ratio calculations Despite clause 4.5, land is not to be included as part of a site area for the purposes of calculating a floor space ratio if the land was part of the site of a heritage building and an amount of heritage floor space has been recorded in respect of that site (either under this clause or under a similar scheme in force before the commencement of this Plan).
(7)  In this clause—
the register means the register maintained by the Council for the purposes of this clause.
cl 6.10: Am 2013 (548), Sch 1 [1]; 2016 (443), Sch 1 [2]; 2017 (239), Sch 1 [1] [2]; 2022 (857), Sch 1.7[6].
6.11   Utilisation of certain additional floor space requires allocation of heritage floor space
(1)  Despite any other provision of this Part, development consent must not be granted to development in respect of a building on a site in Central Sydney that utilises any amount of additional floor space specified in paragraph (a), (b) (c), (d) or (e) unless the consent authority is satisfied that an amount of heritage floor space will be allocated to the site (whether because of a condition of consent or otherwise) in accordance with the following relevant paragraphs—
(a)  accommodation floor space in respect of a building (the height of which will exceed 55 metres following the development) on a site in Area 1, 2 or 3—unless an amount of heritage floor space is allocated to the site that is equal to 50% of the accommodation floor space to be utilised,
(b)  accommodation floor space in respect of a building (the height of which will exceed 55 metres following the development) on a site in Area 4 (but only if the accommodation floor space causes the floor space ratio of the building to be greater than 8:1)—unless an amount of heritage floor space is allocated to the site that is equal to 50% of any accommodation floor space to be utilised,
(c)  opportunity site floor space—unless an amount of heritage floor space is allocated to the site that is equal to 50% of the opportunity site floor space to be utilised,
(d)  additional floor space granted by a consent authority under clause 6.21D(3)(b), 6.25(4)(b) or 6.26(7)(b)—unless an amount of heritage floor space is allocated to the site that is equal to 50% of the additional floor space to be utilised,
(e)  additional floor space permitted under clause 4.6 in respect of a building on a site that also utilises additional floor space referred to in paragraph (a), (b) (c) or (d)—unless an amount of heritage floor space is allocated to the site that is equal to the additional floor space permitted under that clause.
(2)  The consent authority may reduce the amount of heritage floor space that is required to be allocated to a site under subclause (1) as follows (and in such a case that reduced amount is the amount of heritage floor space that is required to be allocated)—
(a)  if the proposed development is the winner of an architectural design competition carried out in accordance with the City of Sydney Competitive Design Policy—the amount of heritage floor space may be reduced by up to 50% or 1,000 square metres, whichever is the lesser,
(b)  if the development includes any covered or partially covered pedestrian route through the site at street level and the consent authority is satisfied that the pedestrian route provides a vital and publicly accessible link between 2 streets—the amount of heritage floor space may be reduced by up to 50% or 250 square metres, whichever is the lesser.
(c)    (Repealed)
(3)  In the case of development that is an alteration or addition to an existing building, the amount of heritage floor space required to be allocated to the site of the building under subclause (1) is to be no more than the difference between—
(a)  the amount of heritage floor space that would be required to be allocated to the site if the building (as altered or added to) were to be constructed as a new building, and
(b)  the amount of heritage floor space that would be required to be allocated to the site if the building (without the alteration or addition) were to be constructed as a new building.
(4)  No heritage floor space is required to be allocated in the case of development that is an alteration or addition to an existing building if the development does not increase the gross floor area of the building by more than 100 square metres.
cl 6.11: Am 2013 (548), Sch 1 [2] [3]; 2014 (366), Sch 1 [2]; 2016 (226), Sch 1 [7] [8]; 2016 (443), Sch 1 [3]–[5]; 2017 (239), Sch 1 [3]–[7]; 2017 (513), cl 4; 2021 (623), Sch 1[1]; 2021 (717), Sch 1[17].
6.11A   Temporary alternative heritage arrangements in relation to allocation of heritage floor space
(1)  This clause applies to development in respect of a building on a site in Central Sydney that utilises additional floor space referred to in clause 6.11 and for which development consent cannot be granted unless heritage floor space will be allocated to the site in accordance with that clause.
(2)  If the consent authority is satisfied that the requisite amount of heritage floor space cannot be acquired for allocation to the site on reasonable terms and within a reasonable period, the consent authority may dispense with the requirement for the allocation of heritage floor space, or may reduce the amount of heritage floor space required to be allocated, if—
(a)  the consent authority has adopted and published a policy that makes alternative heritage arrangements to the allocation of heritage floor space for the purposes of this Subdivision, and
(b)  the consent authority is satisfied that the relevant alternative heritage arrangements have been made in relation to the development (because of a condition of consent or otherwise).
(3)  The objective of the policy adopted by the consent authority is the conservation and on-going maintenance of heritage buildings within Central Sydney. The alternative heritage arrangements made by the policy may include the following—
(a)  the carrying out of (or the provision of financial or other assistance for the carrying out of) conservation works on those heritage buildings,
(b)  the preparation of (or the provision of financial or other assistance for the preparation of) heritage conservation management plans for those heritage buildings.
(4)  This clause applies only in relation to an application for development consent that is made before 1 January 2026.
cl 6.11A: Ins 2016 (443), Sch 1 [6]. Am 2017 (239), Sch 1 [4] [8]; 2018 (765), cl 4; 2020 (789), cl 4; 2022 (875), cl 4.
Division 2 Additional floor space outside Central Sydney
6.12   Additional floor space outside Central Sydney
Despite clause 4.4, the gross floor area of a building on land (other than land in Central Sydney) may exceed the maximum permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map by an amount no greater than the sum of any one or more of the following for which the building may be eligible—
(a)  any community infrastructure floor space under clause 6.14,
(b)  any amount determined by the consent authority under clause 6.21D(3)(b),
(c)  any end of journey floor space under clause 6.13.
cl 6.12: Am 2014 (430), Sch 1 [2]; 2021 (717), Sch 1[17].
6.13   End of journey floor space
(1)  A building on land (other than land in Central Sydney) that is used only for the purposes of commercial premises and that has all of the following facilities together in one area of the building, is eligible for an amount of additional floor space (end of journey floor space) equal to the floor space occupied by those facilities—
(a)  showers,
(b)  change rooms,
(c)  lockers,
(d)  bicycle storage areas.
(2)  The amount of end of journey floor space cannot be more than the amount of floor space that can be achieved by applying a floor space ratio of 0.3:1 to the building.
6.14   Community infrastructure floor space at Green Square
(1)  The objectives of this clause are as follows—
(a)  to allow greater densities where Green Square community infrastructure is also provided,
(b)  to ensure that such greater densities reflect the desired character of the localities in which they are allowed and minimise adverse impacts on the amenity of those localities,
(c)  to provide for an intensity of development that is commensurate with the capacity of existing and planned infrastructure.
(2)  The consent authority may consent to development that results in additional floor space in accordance with subclause (4) if the development includes Green Square community infrastructure.
(3)  In deciding whether to grant development consent, the consent authority—
(a)  must be satisfied that the development is consistent with the objectives of this clause, and
(b)  must be satisfied that the Green Square community infrastructure is reasonably necessary at Green Square, and
(c)  must take into account the nature of the Green Square community infrastructure and its value to the Green Square community.
(4)  Under subclause (2), a building on land in an Area specified in paragraph (a), (b), (c), (d), (e) or (f) is eligible for an amount of additional floor space determined by the consent authority but no more than that which may be achieved by applying the floor space ratio specified in the relevant paragraph to the building—
(a)  Area 5—0.25:1,
(b)  Area 6—0.5:1,
(c)  Area 7—0.75:1,
(d)  Area 8—1:1,
(e)  Area 9—1.5:1,
(f)  Area 10—2.2:1.
(5)  In this clause—
Area means an Area shown on the Floor Space Ratio Map.
Green Square community infrastructure means development at Green Square for the purposes of recreation areas, recreation facilities (indoor), recreation facilities (outdoor), public roads, drainage or flood mitigation works.
cl 6.14: Subst 2016 (226), Sch 1 [9].
6.15, 6.15A   
(Renumbered as clauses 6.22, 6.23)
cl 6.15: Renumbered as cl 6.22, 2014 (366), Sch 2 [1].
cl 6.15A: Ins 2013 (704), Sch 1 [1]. Renumbered as cl 6.23, 2014 (366), Sch 2 [2].
Division 3 Height of buildings and overshadowing
6.16   Erection of tall buildings in Central Sydney
(1)  The objectives of this clause are to ensure—
(a)  the satisfactory distribution of built form and development of floor space for tall buildings in Central Sydney, and
(b)  tall building setbacks will provide an appropriate level of amenity for public places and important publicly accessible places, and
(c)  tall buildings will maximise active public place frontages, and
(d)  tall buildings will provide adequate outlook for occupants of new buildings.
(2)  This clause applies to development on land in Central Sydney involving the erection of a building—
(a)  with a height greater than 55 metres above ground level (existing), or
(b)  with a floor space ratio greater than the maximum floor space ratio shown on the Floor Space Ratio Map, or
(c)  to which paragraphs (a) and (b) apply.
(3)  Development consent must not be granted to development to which this clause applies unless—
(a)  the consent authority is satisfied that the building will not adversely impact on—
(i)  the wind conditions of public places and important publicly accessible places, or
(ii)  key views from public places, or
(iii)  the curtilage of heritage items, or
(iv)  the setting and character of buildings and heritage items in conservation areas and special character areas, or
(v)  the free movement of air to provide ventilation around tower forms, and
(b)  the consent authority is satisfied that the building will provide for high levels of—
(i)  sun and daylight access to public places and significant publicly accessible places, and
(ii)  outlook for the proposed development, and
(iii)  appropriate height transitions between new development and buildings and heritage items in conservation areas and special character areas.
(4)  Development consent must not be granted to development to which subclause (2)(a) or (c) applies unless the site area is at least 1,000 square metres.
cl 6.16: Subst 2021 (717), Sch 1[18].
6.17   Sun access planes
(1)  The objectives of this clause are—
(a)  to ensure that buildings maximise sunlight access to the public places set out in this clause, and
(b)  to ensure sunlight access to the facades of sandstone buildings in special character areas to assist the conservation of the sandstone and to maintain the amenity of those areas, and
(c)  to protect and improve sunlight access to important public parks and places in and near Central Sydney throughout the year, and during periods in the day when the parks and places are most used.
(2)  The consent authority must not grant development consent to development on land if the development will result in any building on the land projecting higher than any part of a sun access plane described in Schedule 6A.
(3)  Despite subclause (2), the consent authority may grant development consent to development for the purpose of maintaining or refurbishing an existing building that projects higher than part of the relevant sun access plane if the maintenance or refurbishment does not result in the building projecting further above the sun access plane.
(4)  This clause applies to the sun access planes described in Schedule 6A affecting the following places during the specified dates and times—
Place
Period of protection
Times of protection
Alexandria Park
All year
10am–2pm
Belmore Park
All year
10am–2pm
Daniel Dawson Reserve
All year
10am–2pm
Harmony Park
All year
10am–2pm
Hyde Park
All year
10am–2pm
Lang Park
All year
Midday–2pm
Macquarie Place
1 September–31 May
10am–Midday
Martin Place
1 September–31 May
Midday–2pm
Prince Alfred Park
All year
10am–2pm
The Domain
All year
9am–2pm
The Royal Botanic Gardens
All year
9am–2pm
Wynyard Park
All year
Midday–2pm
(5)–(19)    (Repealed)
cl 6.17: Am 2016 (226), Sch 1 [10] [11]; 2021 (717), Sch 1[19]–[22]; 2022 (678), Sch 1[2]; 2023 (312), Sch 1[2].
6.18   Overshadowing of certain public places
(1)  The objectives of this clause are—
(a)  to prevent additional overshadowing of valued public places that are used as areas for passive recreation by the public, workers and visitors in Central Sydney, and
(b)  to protect significant, new and planned public places from future overshadowing.
(2)  Development consent must not be granted to development resulting in part of a building causing additional overshadowing to the following places shown on the Sun Access Protection Map during the specified dates and times—
Place
Period of protection
Times of protection
Macquarie Place
14 April–31 August
10am–2pm
Martin Place, between Pitt Street and George Street
14 April–31 August
Midday–2pm
Pitt Street Mall
14 April–31 August
10am–2pm
Australia Square Plaza
14 April–31 August
Midday–2pm
First Government House Place
14 April–31 August
10am–2pm
Sydney Town Hall Steps
14 April–31 August
10.30am–4pm
Sydney Square
14 April–31 August
11am–4pm
Future Town Hall Square
All year
Midday–sunset
Bank Street Park
All year
10am–2pm
Sydney Fish Market Urban Park
21 June
Midday–2pm
Wentworth Park
All year
10am–2pm
Glebe Foreshore Parks
21 June
9am–3pm
(3)  Subclause (2) applies to the Pitt Street Mall only beyond the overshadowing cast by a wall with a 20 metre street frontage height on the eastern or western alignment of the Pitt Street Mall.
(4)  Subclause (2) applies to the Macquarie Place only beyond the overshadowing cast by a wall with a 35 metre street frontage height on the eastern alignment of Loftus Street.
(5)  Subclause (2) applies to the Future Town Hall Square for overshadowing caused as if there were currently no buildings on the site.
(6)  Development results in a building causing additional overshadowing if the total overshadowing of the relevant location during the specified times would be greater after the development is carried out than the overshadowing of that location during the specified times caused by existing buildings.
cl 6.18: Subst 2021 (717), Sch 1[23]. Am 2022 (826), Sch 1.4[3].
6.19   View planes
(1)  The objectives of this clause are—
(a)  to preserve significant views from public places, and
(b)  to ensure development does not obstruct public views.
(2)  The consent authority must not grant development consent to development on land if the development will result in a building on the land projecting higher than a part of a view plane taken to extend over the land under this clause.
(3)  Despite subclause (2), the consent authority may grant development consent to development for the purpose of maintaining or refurbishing an existing building that projects higher than part of the relevant view plane if the maintenance or refurbishment does not result in the building projecting further above the view plane.
(4)  This clause applies to the view planes taken to extend over land described in Schedule 6B.
cl 6.19: Subst 2021 (717), Sch 1[23].
6.19A   Views of Sydney Harbour
(1)  The objectives of this clause are—
(a)  to preserve significant views from public places, and
(b)  to ensure development does not obstruct public views from Observatory Hill to Sydney Harbour.
(2)  Development consent must not be granted to development on land to which this Plan applies resulting in part of a building causing additional obstruction of the view to Sydney Harbour from the following locations—
(a)  the Observatory Hill Rotunda at 333951.6E, 6252020.4N, RL41.6,
(b)  a point in the north west quadrant of Observatory Hill, east of the fig trees, at 333887.9E, 6251885.8N, RL39.8,
(c)  a point west of the Cahill Expressway corkscrew off ramp at 333902.5E, 6252031.4N, RL40.7.
(3)  In this clause—
Sydney Harbour means the water below the mean high water mark within an area bounded by the following coordinates—
(a)  Point 1 at 333260.9E, 6253147.0N,
(b)  Point 2 at 334555.1E, 6253025.1N,
(c)  Point 3 at 334433.4E, 6251730.8N,
(d)  Point 4 at 333139.2E, 6251852.5N.
cl 6.19A: Ins 2021 (717), Sch 1[23].
6.20   
(Renumbered as clause 6.25)
cl 6.20: Am 2013 (704), Sch 1 [2]. Renumbered as cl 6.25, 2014 (366), Sch 2 [4].
6.20A   
(Renumbered as clause 6.24)
cl 6.20A: Ins 2013 (704), Sch 1 [3]. Renumbered as cl 6.24, 2014 (366), Sch 2 [3].
Division 4 Design excellence
pt 6, div 4: Subst 2021 (717), Sch 1[24].
Subdivision 1 Preliminary
pt 6, div 4, sdiv 1: Ins 2021 (717), Sch 1[24].
6.21   Objective
The objective of this Division is to deliver the highest standard of architectural, urban and landscape design.
cl 6.21: Am 2013 (548), Sch 1 [4] [5]; 2014 (430), Sch 1 [3] [4]; 2016 (226), Sch 1 [12] [13]. Subst 2021 (717), Sch 1[24].
6.21A   Definitions
In this Division—
building demonstrating design excellence means a building where the design of the building, or the design of an external alteration to the building, is the winner of a competitive design process and the consent authority is satisfied that the building or alteration exhibits design excellence.
capital investment value has the same meaning as in the Environmental Planning and Assessment Regulation 2000.
competitive design process means an architectural design competition, or the preparation of design alternatives on a competitive basis, carried out in accordance with the City of Sydney Competitive Design Policy.
cl 6.21A: Ins 2021 (717), Sch 1[24].
6.21B   Application of Division
(1)  This Division applies to development involving the erection of a new building or external alterations to an existing building on land to which this Plan applies.
(2)  Nothing in this Division permits a consent authority to grant development consent to the following development—
(a)  development that would result in any building on land projecting higher than any sun access plane that is taken to extend over that land by operation of Division 3,
(b)  development that results in any building causing additional overshadowing of a kind specified in Division 3,
(c)  development that results in any building on land in Area 1 or Area 2 on the Height of Buildings Map having a height greater than the height of the building that was on the land at the commencement of this Plan.
cl 6.21B: Ins 2021 (717), Sch 1[24].
Subdivision 2 Design excellence requirements
pt 6, div 4, sdiv 2: Ins 2021 (717), Sch 1[24].
6.21C   Design excellence
(1)  Development consent must not be granted to development to which this Division applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.
(2)  In considering whether development to which this Division applies exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,
(c)  whether the proposed development detrimentally impacts on view corridors,
(d)  how the proposed development addresses the following matters—
(i)  the suitability of the land for development,
(ii)  the existing and proposed uses and use mix,
(iii)  any heritage issues and streetscape constraints,
(iv)  the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers, existing or proposed, on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)  the bulk, massing and modulation of buildings,
(vi)  street frontage heights,
(vii)  environmental impacts, such as sustainable design, overshadowing and solar access, visual and acoustic privacy, noise, wind and reflectivity,
(viii)  the achievement of the principles of ecologically sustainable development,
(ix)  pedestrian, cycle, vehicular and service access and circulation requirements, including the permeability of any pedestrian network,
(x)  the impact on, and any proposed improvements to, the public domain,
(xi)  the impact on any special character area,
(xii)  achieving appropriate interfaces at ground level between the building and the public domain,
(xiii)  excellence and integration of landscape design.
cl 6.21C: Ins 2021 (717), Sch 1[24].
6.21D   Competitive design process
(1)  Development consent must not be granted to the following development to which this Division applies unless a competitive design process has been held in relation to the proposed development—
(a)  development in respect of a building that has, or will have, a height above ground level (existing) greater than—
(i)  55 metres on land in Central Sydney, or
(ii)  25 metres on any other land,
(b)  development having a capital investment value of more than $100,000,000,
(c)  development in respect of which a development control plan is required to be prepared under clause 7.20,
(d)  development for which the applicant has chosen such a process.
(2)  A competitive design process is not required under subclause (1) if the consent authority is satisfied that such a process would be unreasonable or unnecessary in the circumstances or that the development—
(a)  involves only alterations or additions to an existing building, and
(b)  does not significantly increase the height or gross floor area of the building, and
(c)  does not have significant adverse impacts on adjoining buildings and the public domain, and
(d)  does not significantly alter any aspect of the building when viewed from public places.
(3)  A building demonstrating design excellence—
(a)  may have a building height that exceeds the maximum height shown for the land on the Height of Buildings Map by an amount, to be determined by the consent authority, of up to 10% of the amount shown on the map, or
(b)  is eligible for an amount of additional floor space, to be determined by the consent authority, of up to 10% of—
(i)  the amount permitted as a result of the floor space ratio shown for the land on—
(A)  for a building for which development consent is granted under clause 6.60B—the Alternative Floor Space Ratio Map—Employment Sites or the Alternative Floor Space Ratio Map—Affordable Housing Sites, or
(B)  otherwise—the Floor Space Ratio Map, and
(ii)  any accommodation floor space or community infrastructure floor space for which the building is eligible under Division 1 or 2.
cl 6.21D: Ins 2021 (717), Sch 1[24]. Am 2022 (678), Sch 1[3].
6.21E   Tower cluster areas
(1)  A building located in a tower cluster area may be eligible for additional floor space under this clause if the consent authority is satisfied that the building demonstrates design excellence as the winner of an architectural design competition carried out in accordance with the City of Sydney Competitive Design Policy.
(2)  A building located in a tower cluster area is eligible for an amount of additional floor space, to be determined by the consent authority, up to 50% of the combined total of—
(a)  the amount permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map, and
(b)  accommodation floor space the building is eligible for under Division 1.
(3)  In determining the percentage of additional floor space, the consent authority must consider the matters listed in clause 6.21C(2).
(4)  For the avoidance of doubt, a building in a tower cluster area is eligible for additional floor space under clause 6.21D(3)(b) or subclause (2), but not both.
(5)  A building located in a tower cluster area may exceed the maximum height shown for the land on the Height of Buildings Map if—
(a)  the consent authority is satisfied that the building demonstrates design excellence as the winner of an architectural design competition carried out in accordance with the City of Sydney Competitive Design Policy, and
(b)  the building height does not exceed the following—
(i)  sun access plane controls in clause 6.17,
(ii)  overshadowing controls in clause 6.18,
(iii)  view plane controls in clause 6.19,
(iv)  view of Sydney Harbour controls in clause 6.19A.
(6)  A building is eligible for additional floor space under subclause (2) or may exceed the maximum building height under subclause (5), or both, only if—
(a)  the unencumbered area of the subject site is greater than 2,000 square metres, excluding areas of the site occupied by the following—
(i)  heritage items,
(ii)  public places, including streets, lanes, parks and squares,
(iii)  areas above or below major infrastructure including bridges and viaducts used for rail, vehicle, cyclist and pedestrian purposes,
(iv)  major utility infrastructure,
(v)  publicly accessible open spaces, easements, common access areas and privately owned lanes, and
(b)  the building will only be used for the following purposes—
(i)  centre-based child care facilities,
(ii)  commercial premises,
(iii)  community facilities,
(iv)  educational establishments,
(v)  entertainment facilities,
(vi)  function centres,
(vii)  health services facilities,
(viii)  hotel or motel accommodation,
(ix)  information and education facilities,
(x)  light industries,
(xi)  uses ancillary to the other uses of the building including parking, utilities and storage.
cl 6.21E: Ins 2021 (717), Sch 1[24].
Division 5 Site specific provisions
pt 6, div 5: Ins 2014 (366), Sch 1 [3].
6.22   Caritas site
(1)  This clause applies to the Caritas site at 299 Forbes Street Darlinghurst, being Lot 1612, DP 752011.
(2)  Development consent must not be granted to development on land to which this clause applies if the development will result in either or both of the following—
(a)  the gross floor area of all buildings on the Caritas site being more than 12,315 square metres,
(b)  the gross floor area of all uses (other than business premises and retail premises) on the Caritas site being more than 11,329.80 square metres.
cl 6.22 (previously cl 6.15): Renumbered 2014 (366), Sch 2 [1].
6.23   87 Bay Street, Glebe—floor space
(1)  The objective of this clause is to provide for additional floor space on certain land if any development of the site provides for—
(a)  on-site affordable housing, and
(b)  the achievement of certain environmentally sustainable development targets.
(2)  This clause applies to 87 Bay Street (also known as 2–8 Wentworth Street), Glebe, being Lot 1, DP 874988.
(3)  Despite clause 4.4, the floor space ratio for a building on land to which this clause applies may exceed the floor space ratio shown for the land on the Floor Space Ratio Map by an amount no greater than 2.2:1 plus any other additional floor space that is otherwise permitted by this Plan.
(4)  Development consent must not be granted under subclause (3) unless—
(a)  at least 0.75:1 of the maximum floor space ratio shown for the land on the Floor Space Ratio Map is used for a purpose other than residential accommodation, and
(b)  in the case of development that is BASIX affected development—the development—
(i)  exceeds the BASIX commitment for water for the development by not less than 25% of the water target score, and
(ii)  exceeds the BASIX commitment for energy for the development by not less than 25% of the energy target score.
(5)  Development consent must not be granted under this clause unless the consent authority is satisfied that—
(a)  the development will provide dwellings on that site for the purposes of affordable housing having a floor space equivalent to 7.5% of—
(i)  the amount of floor space that exceeds the amount of floor space that would result in a floor space ratio of 1.5:1 (including any additional floor space under this clause and under Division 4), or
(ii)  the total floor space used for the purpose of residential accommodation (including any additional floor space under this clause and under Division 4),
whichever is the higher, and
(b)  those dwellings will be used for the purposes of affordable housing, and
(c)  all accommodation in those dwellings will be managed by a registered community housing provider (within the meaning of the Housing Act 2001).
cl 6.23 (previously cl 6.15A): Renumbered 2014 (366), Sch 2 [2]. Am 2021 (717), Sch 1[25].
6.24   87 Bay Street, Glebe—building height
(1)  The objective of this clause is to provide for additional building height on certain land if any development of the site provides for—
(a)  on-site affordable housing, and
(b)  the achievement of certain environmentally sustainable development targets.
(2)  This clause applies to 87 Bay Street (also known as 2–8 Wentworth Street), Glebe, being Lot 1, DP 874988, identified as “Area 5” on the Height of Buildings Map.
(3)  Despite clause 4.3, development consent may be granted to the erection or use of a building with a maximum height of 33 metres on land to which this clause applies.
(4)  Development consent must not be granted under subclause (3) unless—
(a)  at least 0.75:1 of the maximum floor space ratio shown for the land on the Floor Space Ratio Map is used for a purpose other than residential accommodation, and
(b)  in the case of development that is BASIX affected development—the development—
(i)  exceeds the BASIX commitment for water for the development by not less than 25% of the water target score, and
(ii)  exceeds the BASIX commitment for energy for the development by not less than 25% of the energy target score.
(5)  Development consent must not be granted under this clause unless the consent authority is satisfied that—
(a)  the development will provide dwellings on that site for the purposes of affordable housing having a floor space equivalent to 7.5% of—
(i)  the amount of floor space that exceeds the amount of floor space that would result in a floor space ratio of 1.5:1 (including any additional floor space under clause 6.15A and under Division 4), or
(ii)  the total floor space used for the purpose of residential accommodation (including any additional floor space under clause 6.15A and under Division 4),
whichever is the higher, and
(b)  those dwellings will be used for the purposes of affordable housing, and
(c)  all accommodation in those dwellings will be managed by a registered community housing provider (within the meaning of the Housing Act 2001).
cl 6.24 (previously cl 6.20A): Renumbered 2014 (366), Sch 2 [3]. Am 2021 (717), Sch 1[25].
6.25   APDG block
(1)  The objective of this clause is to provide for additional building height and floor space on parts of certain sites within the area bounded by Alfred Street, Pitt Street, Dalley Street and George Street, known as the “APDG block”, if the development of the site provides for publicly accessible open space, lanes and other links through the site.
(2)  This clause applies to land within Area 4 on the Height of Buildings Map.
(3)  Despite clause 4.3, development consent may be granted to the erection of a building with a maximum height of—
(a)  200 metres on up to 33% of the area of block 1, or
(b)  155 metres on up to 42% of the area of block 2, or
(c)  185 metres on up to 24% of the area of block 3, or
(d)  248 metres on up to 25% of the area of block 4 and 238 metres on up to 12% of the area of that block, or
(e)  232 metres on up to 44% of the area of block 5.
(4)  Despite clause 4.4 and Division 4, the consent authority may grant consent to development that results in the gross floor area of a building in block 5 exceeding the maximum permissible floor space by an amount no greater than 1, or the sum of 2 or all, of the following—
(a)  an amount of additional floor space that results in a floor space ratio of up to 2.52:1,
(b)  if the building demonstrates design excellence within the meaning of clause 6.21A—an amount of floor space, determined by the consent authority, that is up to 10% of the sum of the following—
(i)  the maximum permissible floor space,
(ii)  the additional floor space referred to in paragraph (a),
(iii)  the accommodation floor space to which a building on the land may be eligible,
(c)  the accommodation floor space, car parking reduction floor space, end of journey floor space, entertainment and club floor space or lanes development floor space for which the building may be eligible under clause 6.3(a) or (c).
(5)  Development consent must not be granted under this clause unless the consent authority is satisfied that the development will—
(a)  include recreation areas and lanes and roads through the site, and
(b)  include business premises and retail premises that have frontages at ground level (finished) to those recreation areas, lanes and roads, and
(c)  provide a satisfactory distribution of built form and floor space development.
(6)  Development consent must not be granted under this clause for development on land in block 1, 2, 3, 4 or 5 unless the consent authority is satisfied that the development relates to the whole of the block and, except as otherwise provided by this clause, no other land.
(7)  Development consent must not be granted under this clause for development on land in block 5 unless the consent authority is satisfied that the development will deliver improvement works to the utility buildings.
(8)  Development on land in block 1 may also relate to the whole, or any 1 or more, of the following—
(a)  Lot 1, DP 787946,
(b)  Lot 180, DP 606866,
(c)  Lot 1, DP 537286.
(9)  Development on land in block 3 may also relate to the whole, or 1, of the following—
(a)  Lot 180, DP 606866,
(b)  Lot 1, DP 537286.
(10)  For the purposes of calculating a floor space ratio in respect of any building in block 4—
(a)  the site area is taken to be the whole of block 4, other than Lots 2 and 3, DP 1213767, and
(b)  the gross floor area of all buildings on the site area is to be taken into account in the calculation, other than—
(i)  floor area dedicated to the Council, and
(ii)  up to 3,900 square metres of floor area leased to the Council for a period of not less than 20 years for the purposes of office premises that are to be used to promote business innovation or economic development.
Note—
Similar adjustments also apply to calculations for additional floor space under Division 1 including for the utilisation of heritage floor space.
(11)  For the purposes of calculating a floor space ratio for a building in block 5—
(a)  despite clause 4.5(6), the site area is taken to be the whole of block 5, and
(b)  the gross floor area of all buildings on the site area is to be taken into account in the calculation, other than a floor area of up to 100 square metres that is used or set aside for the operational purposes of a utility building.
(12)  Despite any other provision of this Plan, a building erected in block 4 or 5 must not be used for the purposes of residential accommodation or serviced apartments.
(13)  Lanes development floor space may be used by a new building in block 4 or 5 as if the building were an existing building and for that purpose, land, whether or not a public road, may be identified on the Lanes Map as a lane to which clause 6.8 applies.
(14)  The land for which lanes development floor space is used under subclause (13), whether or not a public road, may be identified on the Lanes Map as a lane to which clause 6.8 applies.
(15)  Clause 6.21D(3) does not apply to development on land in block 5.
(16)  In this clause—
block 1 means—
(a)  Lot 7, DP 629694, and
(b)  Lot 501, DP 714847, and
(c)  Lots 2 and 3, DP 1092, and
(d)  Lots 1 and 2, DP 1112308, and
(e)  Lots A and B, DP 104160, and
(f)  Lot 7, DP110046, and
(g)  Lot 6, DP 75338, and
(h)  Lot 4, DP 524306, and
(i)  Lot 1, DP 513109, and
(j)  the whole of the road known as “Queens Court”.
block 2 means—
(a)  Lot 4, DP 57434, and
(b)  Lot 1, DP 69466, and
(c)  Lot 1, DP 110607, and
(d)  Lot 1, DP 188061, and
(e)  Lots A–D, DP 435746, and
(f)  Lot 20, DP 1063401, and
(g)  Lot 1, DP 913005, and
(h)  Lot 1, DP 107759.
block 3 means Lot 1, DP 220830 and Lot 1, DP 217877.
block 4 means—
(a)  Lot 7, DP 629694, and
(b)  Lots 181 and 182, DP 606865, and
(c)  Lots 1 and 2, DP 880891, and
(d)  Lots 2 and 3, DP 1213767.
block 5 means—
(a)  Lot 501, DP 714847, and
(b)  Lots 2 and 3, DP 1092, and
(c)  Lots 1 and 2, DP 1112308, and
(d)  Lot 7, DP110046, and
(e)  Lot 6, DP 75338, and
(f)  Lot 4, DP 524306, and
(g)  Lot 1, DP 513109, and
(h)  Lots A and B, DP 104160, and
(i)  Lot 1, DP 787946.
improvement works means—
(a)  for land on Lot 1, DP 787946—the following works—
(i)  works to the roof and colonnade of the building located on the land,
(ii)  relocation of the existing driveway on the land,
(iii)  the development of retail spaces on the area currently occupied by the existing driveway, and
(b)  for land on Lots A and B, DP 104160—works to the roof and facade of the building located on the land.
maximum permissible floor space, in relation to a building proposed to be erected or altered on land, means the amount of floor space permitted for the building as a result of the floor space ratio shown for the land on the Floor Space Ratio Map.
utility buildings means—
(a)  the Telstra exchange building located on Lot 1, DP 787946, known as 6 Dalley Street, and
(b)  the Ausgrid substation building located on Lots A and B, DP 104160, known as 8–14 Dalley Street.
cl 6.25 (previously cl 6.20): Renumbered 2014 (366), Sch 2 [4]. Am 2016 (737), Sch 1 [1]–[4]. Subst 2021 (623), Sch 1[2]. Am 2021 (717), Sch 1[26]–[28].
6.26   AMP Circular Quay precinct
(1)  This clause applies to the following land—
(a)  block A, being Lot 2, DP 1073376,
Note—
Block A is at 50 Bridge Street, Sydney.
(b)  block B, being Lot 1, DP 1073376,
Note—
Block B is at 33 Alfred Street, Sydney.
(c)  block C, being Lot 1, DP 104784, Lot 1, DP 723381, Lots 1–4, DP 134760, Lot 1, DP 810463, Lot 501, DP 709624, Lot 1, DP 87960 and Lot 1, DP 134861.
Note—
Block C comprises 5–7, 9–13 and 15–17 Young Street and 2–10, 12 and 20 Loftus Street, Sydney.
(2)  The objective of this clause is to provide for a commercial addition to the existing commercial tower on block A by permitting the utilisation of floor space from block C, but only if the development of the land to which this clause applies—
(a)  does not reduce existing sun access to the Royal Botanic Gardens in midwinter, and
(b)  improves solar access to Macquarie Place and Loftus Lane in midwinter, and
(c)  provides for publicly accessible lanes, arcades and through site links on the land, and
(d)  ensures the retention and conservation of all heritage items on the land, and
(e)  provides low to mid rise buildings with a diversity of uses, scale and form on block C, and
(f)  minimises the impact of vehicle movements.
(3)  In determining the site area for the purposes of applying a floor space ratio to development on land to which this clause applies, block A, block B and block C are, despite clause 4.5(3)(b), taken to be a single site area.
(4)  Clause 6.8 (Lanes development floor space) applies to a new building on block C in the same way as it applies to a building that was in existence on that block on the making of this Plan.
(5)  Any additional floor space to which a building on block C may be eligible under this Part may be utilised in accordance with this Part in a building on block A rather than in the building on block C.
(6)  Clause 6.21D(3) does not apply to development on land to which this clause applies.
(7)  The consent authority may grant consent to development that results in the floor area of all buildings on the land to which this clause applies exceeding the maximum permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map by an amount no greater than the sum of the following—
(a)  any accommodation floor space to which buildings on the land are eligible,
(b)  if the buildings on block A and block C demonstrate design excellence within the meaning of Division 4, an amount of floor space, determined by the consent authority, that is up to 10% of the sum of—
(i)  the maximum permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map, and
(ii)  the amount under paragraph (a),
(c)  any car parking reduction floor space, end of journey floor space, entertainment and club floor space or lanes development floor space to which buildings on the land are eligible.
(8)  The consent authority may grant development consent to an addition to a building on block A that causes the building to project higher than the following, but only if the consent authority is satisfied that the overshadowing of the Royal Botanical Gardens caused by the building at 14.00 on 21 June in any year will be no greater after the development is carried out than it would be if the development were not carried out—
(a)  the maximum height shown for the land on the Height of Buildings Map,
(b)  the Royal Botanic Gardens 8 sun access plane.
(9)  The consent authority must not grant consent to development under this clause unless the consent authority is satisfied that—
(a)  adequate provision has been made for the restoration and conservation of heritage items on Lot 1, DP 87960, or
(b)  the proposed development would still be permissible under this clause even if block C were taken not to include Lot 1, DP 87960.
(10)  The consent authority must not grant consent to development under this clause unless it is satisfied that all buildings on block A will be used only for one or more of the following—
(a)  centre-based child care facilities,
(b)  commercial premises,
(c)  community facilities,
(d)  education establishments,
(e)  entertainment facilities,
(f)  function centres,
(g)  health services facilities,
(h)  registered clubs.
cl 6.26: Ins 2014 (366), Sch 1 [3]. Am 2017 (493), Sch 1.2 [2]; 2021 (717), Sch 1[25] [28].
6.27   Lachlan Precinct, Waterloo
(1)  Clauses 6.21D(1)(a)(ii) and 7.20(2)(b) do not apply to development on Lachlan Precinct land in respect of, or that will result in, a building with a height equal to or less than 30 metres above ground level (existing).
(2)  A building on Lachlan Precinct land that is used only for the purposes of commercial premises and that is eligible for community infrastructure floor space under clause 6.14—
(a)  is eligible for an amount of additional floor space, in excess of that permitted by the Floor Space Ratio Map and clause 6.14, to a maximum floor space ratio of 2.5:1, and
(b)  is not eligible for additional floor space under clause 6.21D(3)(b).
(3)  If a development application has been made before the commencement of this clause in relation to Lachlan Precinct land and the application has not been finally determined before that commencement, the application must be determined as if this clause had not commenced.
(4)  In this clause—
Lachlan Precinct land means the land bounded by Lachlan Street, South Dowling Street, O’Dea Avenue and Bourke Street, Waterloo.
cl 6.27: Ins 2015 (172), Sch 1 [1]. Am 2021 (717), Sch 1[17] [29].
6.28   Development in Enterprise Area
(1)  This clause applies to the following development on land identified as “Enterprise Area” on the Locality and Site Identification Map, other than land at Green Square—
(a)  the erection of a new building,
(b)  alterations to an existing building that will result in an amount of additional floor space equivalent to at least 20% of the existing floor space.
(2)  Despite clauses 4.3, 4.4 and Division 4, development consent may be granted to development to which this clause applies if the new building, or the existing building as altered—
(a)  exceeds the maximum permissible height by an amount (to be determined by the consent authority) of up to 15% of the maximum permissible height, less any amount by which the consent authority has determined the building may exceed the maximum permissible height in accordance with clause 6.21D(3)(a), or
(b)  exceeds the maximum permissible floor space by an amount (to be determined by the consent authority) of up to 15% of the maximum permissible floor space, less any amount of additional floor space for which the consent authority has determined the building is eligible in accordance with clause 6.21D(3)(b).
(3)  Development consent must not be granted under subclause (2) to any development unless the consent authority is satisfied that there is a need for public domain in the area of land on which the development is to be carried out.
(4)  In this clause—
maximum permissible floor space, in relation to a building proposed to be erected or altered on land, means the amount of floor space permitted for the building as a result of the floor space ratio shown for the land on the Floor Space Ratio Map.
maximum permissible height, in relation to a building proposed to be erected or altered on land, means the maximum height shown for the land on the Height of Buildings Map.
public domain means land that is made available for publicly accessible roads, open space, through site links and pedestrian and bicycle paths.
cl 6.28: Ins 2015 (294), Sch 1 [16]. Am 2021 (717), Sch 1[17] [30] [31]; 2022 (857), Sch 1.7[7] [8] (am 2023 (82), Sch 1.6[13]).
6.29   58–60 Martin Place, Sydney
(1)  This clause applies to 58–60 Martin Place and part of 197 Macquarie Street, being Lot 1, DP 1204291 and part of Lot 1, DP 185400, respectively, identified as “Area 6” on the Height of Buildings Map.
(2)  Despite clauses 4.3 and 6.17, the consent authority may grant development consent to the erection of a building on land to which this clause applies if the building—
(a)  will not exceed a height of RL 167.1 metres, and
(b)  will not result in any additional overshadowing, at any time on 14 April in any year, between 12.00 and 14.00, of land in Martin Place (as shown on the Special Character Areas Map) that is in Zone RE1 Public Recreation or the facade of any building on land at 65 Martin Place, being Lot 1, DP 444499, Lot 1, DP 32720 and Lot 1, DP 33919.
(3)  Despite any other provision of this Plan, a building erected in accordance with a development consent granted under subclause (2) must not be used for the purpose of residential accommodation or serviced apartments.
cl 6.29: Ins 2015 (486), Sch 1 [2].
6.30   904 Bourke Street, Zetland—floor space
(1)  The objective of this clause is to provide for additional floor space on certain land if any development of the site provides for community infrastructure.
(2)  This clause applies to 904 Bourke Street, Zetland, being Lot 20, DP 807178 and Lots 1–7, DP 49583.
(3)  Clause 6.12 does not apply to a building on land to which this clause applies.
(4)  Despite clause 4.4, the gross floor area of a building on land to which this clause applies may exceed the maximum permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map by an amount no greater than the sum of any one or more of the following for which the building may be eligible—
(a)  any community infrastructure floor space under clause 6.14,
(b)  any commercial or storage floor space for which the building may be eligible under this clause,
(c)  any amount determined by the consent authority under clause 6.21D(3)(b),
(d)  any end of journey floor space under clause 6.13.
(5)  A building on land to which this clause applies is eligible for an amount of additional floor space (commercial or storage floor space) equal to the floor space of any parts of the basement of the building used for the purposes of commercial premises or storage premises, but only if the building is also eligible for community infrastructure floor space under clause 6.14.
(6)  The maximum amount of commercial or storage floor space for which a building is eligible under this clause is the amount of floor space that can be achieved by applying a floor space ratio of 0.25:1 to the building.
(7)  For the purposes of clause 6.21D(3)(b), the amount of additional floor space permitted under that paragraph in respect of a building on land to which this clause applies is up to 10% of—
(a)  the amounts set out in clause 6.21D(3)(b)(i) and (ii), and
(b)  any commercial or storage floor space for which the building is eligible under this clause.
cl 6.30: Ins 2015 (487), Sch 1. Am 2021 (717), Sch 1[17] [32].
6.31   65–79 Sussex Street, Sydney
Despite clause 4.3, development consent may be granted to the erection or use of a building with a maximum height of RL 39.65 metres on land at 65–79 Sussex Street, Sydney, being Lot 2, DP 1188966, if the consent authority is satisfied that the development is for either or both of the following purposes only—
(a)  hotel or motel accommodation,
(b)  commercial premises (but only if those premises are at ground floor level or lower ground floor level).
cl 6.31: Ins 2015 (539), cl 4.
6.32   505–523 George Street—building height and floor space
(1)  The objective of this clause is to provide for additional building height on a site if the development of the site provides for the following—
(a)  centre-based child care facilities,
(b)  publicly accessible toilets,
(c)  community meeting rooms.
(2)  This clause applies to 505–523 George Street, Sydney, being Lot 1, DP 573250.
(3)  Despite clause 4.3, development consent may be granted to the erection of a building with a maximum height of 260 metres on land to which this clause applies.
(4)  Development consent must not be granted under subclause (3) unless the consent authority is satisfied that—
(a)  the building will include a building podium in which are located—
(i)  one or more centre-based child care facilities, and
(ii)  one or more publicly accessible toilets, and
(iii)  one or more community meeting rooms, and
(b)  any floor space of the building that will be used for residential accommodation will not be located in the building podium.
(5)  A building on land to which this clause applies, in respect of which the consent authority is satisfied of the matters referred to in subclause (4)—
(a)  is eligible for an amount of additional floor space equal to the gross floor area of any part of the building podium that will be used for the purpose of a centre-based child care facility, excluding any outdoor play area, and
(b)  despite clause 4.4, may have a gross floor area that exceeds the maximum permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map by an amount no greater than the sum of any additional floor space for which the building may be eligible under this Plan.
cl 6.32: Ins 2016 (227), Sch 1. Am 2017 (493), Sch 1.2 [1] [2].
6.33   230–238 Sussex Street, Sydney
(1)  The objective of this clause is to establish a height transition on land at 230–238 Sussex Street, Sydney to limit additional overshadowing on land at 532–540 George Street, Sydney, being Lot 1, DP 79775.
(2)  This clause applies to 230–238 Sussex Street, Sydney, being Lot 1, DP 1207088, identified as “Area 7” on the Height of Buildings Map.
(3)  Despite clause 4.3, the consent authority may grant development consent to the erection of a building on land to which this clause applies that exceeds the maximum height shown for the land on the Height of Buildings Map if—
(a)  the building will not exceed a height of RL115.9, and
(b)  the building will include hotel or motel accommodation, and
(c)  the consent authority is satisfied that no part of the building will project higher than an inclined plane that is taken to extend over all the land to which this clause applies and that passes through all 3 of the following points—
(i)  E333894.128, N6250583.348, RL120.146,
(ii)  E333929.845, N6250587.106, RL110.608,
(iii)  E333943.792, N6250560.489, RL103.529.
(4)  Coordinates in subclause (3)(c) are Map Grid of Australia 1994 coordinates.
cl 6.33: Ins 2016 (164), Sch 1 [2].
6.34   51–55 Missenden Road, Camperdown—floor space
(1)  Despite clause 4.4, the maximum floor space ratio for a building on land at 51–55 Missenden Road, Camperdown, being Lots 1–4, DP 456915, is 2.7:1.
(2)  For the purposes of clause 6.21D(3)(b), a building permitted on land to which this clause applies is eligible for an amount of additional floor space under that paragraph of up to 10% of 2.7:1.
cl 6.34: Ins 2016 (790), cl 5 (1). Am 2021 (717), Sch 1[17].
6.35   45 Murray Street, Pyrmont
(1)  The objective of this clause is to provide for additional height for development for the purpose of hotel or motel accommodation on a site.
(2)  This clause applies to development on land at 45 Murray Street, Pyrmont, being Lot 1, DP 507091.
(3)  Despite clause 4.3, development consent may be granted to development for the purpose of hotel or motel accommodation on land to which this clause applies if the development will not result in a building height of more than 30 metres.
(4)  Clause 6.21D(1) does not apply to development to which this clause applies if the development is an alteration or addition to an existing building.
(5)  Despite any other provision of this Plan, land on which development has been carried out in accordance with a development consent under subclause (3) must not be used for the purpose of residential accommodation or serviced apartments.
cl 6.35: Ins 2016 (761), Sch 1 [2]. Am 2021 (717), Sch 1[33].
6.36   12–20 Rosebery Avenue, 22–40 Rosebery Avenue and 108 Dalmeny Avenue, Rosebery
(1)  This clause applies to 12–20 Rosebery Avenue, 22–40 Rosebery Avenue and 108 Dalmeny Avenue, Rosebery, being Lot 2, DP 229802, Lot 100, DP 730818 and Lot 1, DP 311533, respectively.
(2)  Despite clause 6.21D(3), a building demonstrating design excellence on land to which this clause applies—
(a)  must not have a building height that exceeds the maximum height shown for the land on the Height of Buildings Map, and
(b)  is only eligible for an amount of additional floor space of up to 8% of—
(i)  the amount permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map, and
(ii)  any community infrastructure floor space for which the building is eligible under Division 2.
cl 6.36: Ins 2017 (47), Sch 1 [2]. Am 2021 (717), Sch 1[28].
6.37   296–298 Botany Road and 284 Wyndham Street, Alexandria
(1)  This clause applies to the following land at Alexandria (the subject land)—
(a)  296–298 Botany Road (Lot 1, DP 544953),
(b)  284 Wyndham Street (Lot 1, DP 708087).
(2)  Development consent must not be granted to development that results in either or both of the following unless the subject land is consolidated into a single lot—
(a)  the height of a building on Lot 1, DP 544953 exceeding 22 metres,
(b)  the height of a building on Lot 1, DP 708087 exceeding 60 metres.
(3)  Development consent must not be granted to development that results in any of the following—
(a)  the height of a building on the subject land exceeding the height shown for the subject land on the Height of Buildings Map,
(b)  any part of a building on the land identified as “Area 8” on the Height of Buildings Map projecting higher than an incline plane extending from RL 87.5 along the land’s northern boundary to RL 79 along the land’s southern boundary,
(c)  the gross floor area of all buildings on the subject land exceeding 39,194.54 square metres (including any additional floor space for which the buildings may be eligible under clause 6.13, 6.14 or 6.21D(3)(b)).
(4)  Clause 6.21D(3)(a) does not apply to development on the subject land.
(5)  A building on the subject land is not eligible for an amount of additional floor space under clause 6.21D(3)(b) unless the consent authority is satisfied that the additional floor space will not result in an increase in the maximum number of car parking spaces that would have been applicable to the building under Division 1 of Part 7 if the building were not otherwise eligible for the additional floor space.
(6)  A BASIX affected building (within the meaning of the Environmental Planning and Assessment Regulation 2000) on the subject land is not eligible for an amount of additional floor space under clause 6.21D(3)(b) unless the building exceeds the BASIX commitment for energy for the building by not less than 5% of the energy target score.
cl 6.37: Ins 2017 (750), Sch 1 [2]. Am 2021 (717), Sch 1[17] [31].
6.38   Certain land in vicinity of Martin Place, Sydney
(1)  This clause applies to the following land—
(a)  8–12 Castlereagh Street, Sydney, being Lots 1 and 2, DP 929277 and Lot 1, DP 173027,
(b)  5 Elizabeth Street, Sydney, being Lot 2, DP 548142,
(c)  7 Elizabeth Street, Sydney, being SP 13171,
(d)  9–19 Elizabeth Street, Sydney, being Lot 1, DP 526161,
(e)  55 Hunter Street, Sydney, being Lot 1, DP 222356,
(f)  39–49 Martin Place, Sydney, being Lots 1 and 2, DP 1103195,
(g)  50 Martin Place, Sydney, being Lot 1, DP 182023.
(2)  Despite clause 4.3, the maximum building height for any part of a building on land referred to in subclause (1)(f) that is not less than 8 metres from the boundary adjoining Martin Place is the height of the Hyde Park North 2B sun access plane (as determined in accordance with clause 6.17(9)).
(3)  Despite clause 4.4, the maximum floor space ratio for a building is as follows—
(a)  in relation to a building on land referred to in subclause (1)(f)—22:1,
(b)  in relation to a building on any other land to which this clause applies—18.5:1.
(4)  Despite any other provision of this Plan, a building erected on land to which this clause applies must not be used for the purpose of residential accommodation or serviced apartments.
cl 6.38: Ins 2018 (187), cl 4. Am 2018 (253), cl 4 (1) (2).
6.39   Surry Hills Shopping Village
(1)  The objectives of this clause are as follows—
(a)  to provide that a BASIX affected building demonstrating design excellence on the subject land is only eligible for additional building height if it exceeds certain BASIX commitments,
(b)  to provide that a building demonstrating design excellence on the subject land is not eligible for additional floor space,
(c)  to require a lane through the subject land that—
(i)  provides visual and physical access between Marriott Street and Baptist Street, and
(ii)  is open to the sky.
(2)  This clause applies to the following land at Redfern (the subject land)—
(a)  2–38 Baptist Street (Lot 1, DP 1107252),
(b)  397–399 Cleveland Street (Lot 1, DP 72567 and Lot 2, DP 112938),
(c)  399A Cleveland Street (Lot 31, DP 1223099).
(3)  A BASIX affected building (within the meaning of the Environmental Planning and Assessment Regulation 2000) on the subject land cannot have a building height that exceeds the maximum height shown for the subject land on the Height of Buildings Map under clause 6.21D(3)(a) unless the building exceeds the BASIX commitments for water and energy by not less than 5 points.
(4)  Clauses 6.12(b) and 6.21D(3)(b) do not apply to a building on the subject land.
(5)  Development consent must not be granted to development that results in a building on the land identified as “Area 9” on the Height of Buildings Map being higher than an incline plane extending from RL 34.5 along the land’s western boundary to RL 35.65 along the land’s eastern boundary.
cl 6.39: Ins 2018 (483), Sch 1. Am 2021 (717), Sch 1[17] [31].
6.40   2–32 Junction Street, Forest Lodge
(1)  This clause applies to the following land at Forest Lodge (the subject land)—
(a)  2–10 Junction Street, being Lots A–C, DP 439209 and Lot 1, DP 1092420,
(b)  12–16 Junction Street, being Lot 1, DP 1035720,
(c)  18–32 Junction Street, being Lot 1, DP 613650, Lot 1, DP 584394, Lot B, DP 87371 and Lot 1, DP 575200.
(2)  Despite clause 4.4, the consent authority may grant development consent to the erection of a building on the subject land that exceeds the maximum floor space ratio shown for the subject land on the Floor Space Ratio Map if—
(a)  the floor space ratio for all buildings on the subject land will not exceed 1.56:1, and
(b)  development on the subject land provides for publicly accessible open space and other links through the site, and
(c)  in the case of development that is BASIX affected development—the development—
(i)  exceeds the BASIX commitment for water for the development by not less than 25% of the water target score, and
(ii)  exceeds the BASIX commitment for energy for the development by not less than 25% of the energy target score.
(3)  The reference to the floor space ratio shown for the land on the Floor Space Ratio Map in clause 6.21D(3)(b)(i) is taken, in its application to a building on the subject land, to be a reference to the maximum floor space ratio referred to in this clause.
cl 6.40: Ins 2019 (14), Sch 1 [2]. Am 2021 (717), Sch 1[34].
6.41   7–15 Randle Street, Surry Hills
(1)  This clause applies to land at 7–15 Randle Street, Surry Hills, being Lot 1, DP 538913, Lot 1, DP 74545 and Lots 5 and 6, DP 78903 (the subject land).
(2)  Despite clauses 4.3 and 4.4, development consent may be granted to the erection of a new building, or alterations or additions to an existing building, on the subject land that will result in a building—
(a)  with a maximum height of RL 59.47 metres, and
(b)  with a maximum floor space ratio of 5.9:1.
(3)  Development consent must not be granted under this clause unless the consent authority is satisfied the development—
(a)  is only for the purposes of—
(i)  hotel or motel accommodation, and
(ii)  ancillary commercial premises at the 2 lowest levels of the building, and
(b)  relates to all of the subject land.
(4)  Despite any other provision of this Plan, a building erected in accordance with a development consent granted under this clause must not be used for the purpose of residential accommodation or serviced apartments.
(5) Design excellence Clause 6.21D(3) does not apply to development on the subject land under this clause.
(6)  However, a building demonstrating design excellence within the meaning of Division 4 is eligible for an amount of additional floor space, to be determined by the consent authority, of up to 10% of the amount permitted as a result of the floor space ratio specified for the land under subclause (2)(b).
(7)–(11)    (Repealed)
cl 6.41: Ins 2018 (575), Sch 1 [2]. Am 2021 (716), Sch 1.40[1]–[3]; 2021 (717), Sch 1[25] [28].
6.42   102–106 Dunning Avenue, Rosebery
(1)  This clause applies to 102–106 Dunning Avenue, Rosebery, being Lot 50, DP 1171307.
(2)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development will result in no less than 10% of the gross floor area of all buildings on the land being used for a purpose other than residential accommodation or tourist and visitor accommodation.
cl 6.42: Ins 2019 (146), Sch 1 [2].
6.43   Danks Street South Precinct
(1)  The objective of this clause is to provide that a building in the Danks Street South Precinct demonstrating design excellence is not eligible for additional floor space.
(2)  This clause applies to land identified as the “Danks Street South Precinct” on the Locality and Site Identification Map (the Danks Street South Precinct).
(3)  Clause 6.21D(3)(b) does not apply to development in the Danks Street South Precinct.
cl 6.43: Ins 2019 (461), Sch 1 [3]. Am 2021 (717), Sch 1[17].
6.44   4–6 Bligh Street, Sydney
(1)  The objective of this clause is to encourage land uses other than residential accommodation or serviced apartments.
(2)  This clause applies to 4–6 Bligh Street, Sydney, being Lot 1, DP 1244245.
(3)  Despite any other provision of this Plan, a building on land to which this clause applies may have a maximum floor space ratio of—
(a)  20:1, or
(b)  if a competitive design process has been held under Division 4 and the building demonstrates design excellence within the meaning of that clause—22:1.
(4)  A building on land to which this clause applies is not entitled to any other additional floor space permitted by this Plan except as provided by this clause.
(5)  Development consent must not be granted for development under subclause (3) unless the consent authority is satisfied that—
(a)  if subclause (3)(b) applies—the floor space ratio of the above ground levels of the building does not exceed 21.2:1, and
(b)  if subclause (6), (7) or (8) applies—the total amount of heritage floor space is allocated to the building as calculated in those subclauses, and
(c)  the building does not have a height greater than 205 metres, and
(d)  any floor above the podium level of the building does not have a gross floor area greater than 470 square metres, and
(e)  the building does not include any additional height granted under clause 5.6 or Division 4, and
(f)  the building includes end of journey facilities, and
(g)  the building will not be used for the purposes of residential accommodation or serviced apartments.
(6)  If a building, or part of a building, on land to which this clause applies is used for the purposes of hotel or motel accommodation, community facilities or centre-based child care facilities, an amount of heritage floor space is to be allocated to the building using the following formula—
 
where—
A is the total floor space ratio of the building, not being a ratio of more than 20:1, used for the purposes of hotel or motel accommodation, community facilities or centre-based child care facilities.
B is the ratio of heritage floor space to be allocated to the building.
(7)  If a building, or part of a building, on land to which this clause applies is used for the purposes of office premises, business premises or retail premises, an amount of heritage floor space is to be allocated to the building using the following formula—
 
where—
A is the total floor space ratio of the building, not being a ratio of more than 20:1, used for the purposes of office premises, business premises or retail premises.
B is the ratio of heritage floor space to be allocated to the building.
(8)  If subclause (3)(b) applies, an amount of heritage floor space is allocated to the building that is equal to 50% of the difference between a floor space ratio of 20:1 and the proposed floor space ratio of the building.
(9)  The consent authority may reduce the amount of heritage floor space that is required to be allocated under this clause by up to 50% or 1,000 square metres, whichever is the lesser, if the proposed development is the winner of an architectural design competition carried out in accordance with the City of Sydney Competitive Design Policy.
(10)  In the case of development that is an alteration or addition to an existing building, the amount of heritage floor space required to be allocated to the site of the building under this clause is to be no more than the difference between—
(a)  the amount of heritage floor space that would be required to be allocated to the site if the building (as altered or added to) were to be constructed as a new building, and
(b)  the amount of heritage floor space that would be required to be allocated to the site if the building (without the alteration or addition) were to be constructed as a new building.
(11)  No heritage floor space is required to be allocated under this clause in the case of development that is an alteration or addition to an existing building if the development does not increase the gross floor area of the building by more than 100 square metres.
(12)  Clause 6.11A(2)–(4) apply to heritage floor space allocated under this clause.
(13)  Clauses 4.6 and 6.19 do not apply to development on land to which this clause applies.
(14)  In this clause—
end of journey facilities means all of the following facilities together in one area of the building—
(a)  showers,
(b)  change rooms,
(c)  lockers,
(d)  bicycle storage areas.
heritage floor space has the same meaning as in clause 6.10.
cl 6.44: Ins 2019 (420), Sch 1. Am 2021 (717), Sch 1[25] [35].
6.45   Waterloo Metro Quarter—general
(1)  The consent authority must not consent to development on land at the Waterloo Metro Quarter unless it is satisfied that the development is consistent with the following objectives—
(a)  there must be at least 12,000 square metres of gross floor area at or below the podium level of buildings on land at the Waterloo Metro Quarter used for land uses other than residential accommodation or passenger transport facilities,
(b)  at least 2,000 square metres of gross floor area of buildings on land at the Waterloo Metro Quarter must be used for the purposes of community facilities,
(c)  at least 2,200 square metres of land at the Waterloo Metro Quarter must be used for publicly accessible open space.
(2)  The consent authority must not consent to development involving the construction of one or more dwellings on land at the Waterloo Metro Quarter unless—
(a)  it is satisfied that at least 5% of the gross floor area used for the purposes of residential accommodation on land at the Waterloo Metro Quarter will be used for the purposes of affordable housing, and
(b)  it is satisfied that no dwelling used for the purposes of affordable housing on land at the Waterloo Metro Quarter will have a gross floor area of less than 50 square metres, and
(c)  it is satisfied that land uses other than residential accommodation or passenger transport facilities will be evenly distributed throughout the Waterloo Metro Quarter, and
(d)  it has taken into consideration any guidelines made by the Planning Secretary relating to the design and amenity of the Waterloo Metro Quarter.
(3)  Clause 6.21D(3) does not apply to development on land at the Waterloo Metro Quarter.
(4)  A provision of this clause prevails over any other provision of this Plan to the extent of any inconsistency.
cl 6.45: Ins 2019 (449), Sch 1 [2]. Am 2021 (717), Sch 1[28]; 2023 (554), Sch 2.39[1].
6.46   (Repealed)
cl 6.46: Ins 2019 (449), Sch 1 [2]. Rep 2023 (554), Sch 2.39[2].
6.47   Millers Point heritage conservation area
(1)  The objectives of this clause are—
(a)  to conserve the heritage items and built form of the Millers Point heritage conservation area, and
(b)  to ensure that conservation management plans endorsed by the Heritage Council are considered in the assessment of development that impacts a heritage item in the Millers Point heritage conservation area.
(2)  This clause applies to land identified as “Area 10” on the Height of Buildings Map.
(3)  Development consent must not be granted to development that affects a heritage item unless the consent authority considers the following—
(a)  the impact of the development on the built form and heritage significance of the heritage conservation area, and on the built form, fabric and heritage significance of the heritage item,
(b)  a heritage conservation management plan for the item endorsed by the Heritage Council under section 38A of the Heritage Act 1977,
(c)  if there is no plan endorsed by the Heritage Council, a heritage conservation management plan for the item prepared to the satisfaction of the consent authority.
(4)  Development consent must not be granted to development affecting a building that is not a heritage item unless—
(a)  the consent authority considers the impact of the development on the built form and heritage significance of the heritage conservation area, and on the built form, fabric and heritage significance of any heritage item in the vicinity of the building, and
(b)  the development will not result in either or both of the following—
(i)  the height of the building exceeding 9 metres,
(ii)  the floor space ratio for the building exceeding 2:1.
(5)  Despite any other provision of this Plan, the maximum height of a building on land to which this clause applies is the height of the building on the land as at the commencement of this clause.
cl 6.47: Ins 2019 (511), Sch 1.
6.48   225–279 Broadway, Glebe—floor space
(1)  The objective of this clause is to provide for additional floor space on certain land to encourage—
(a)  commercial, education, health, cultural and tourism sectors and associated industries in the Camperdown-Ultimo area, and
(b)  development capable of achieving certain ecologically sustainable development ratings.
(2)  This clause applies to the land identified on the Locality and Site Identification Map as “Broadway Gateway” (the subject land).
(3)  A building on the subject land may exceed the floor space ratio shown for the land on the Floor Space Ratio Map by an amount no greater than 1.6:1 if the building is used for 1 or more of the following purposes—
(a)  co-living housing used for student accommodation,
(b)  commercial premises,
(c)  educational establishments,
(d)  entertainment facilities,
(e)  health services facilities,
(f)  hotel or motel accommodation,
(g)  information and education facilities,
(h)  light industries.
(4)  The amount of floor space granted that exceeds the floor space ratio only applies to the part of the building used for a purpose specified in subclause (3).
(5)  The reference to the floor space ratio shown for the land on the Floor Space Ratio Map in clause 6.21D(3)(b)(i) is taken, in its application to a building on the subject land, to be a reference to the floor space ratio that includes an amount exceeding the floor space ratio granted in accordance with subclause (3).
(6)  For the purpose of this clause, floor space below ground level of Broadway along the frontage of the site may be excluded from the calculation of gross floor area.
(7)  Development consent must not be granted under subclause (3) for development that results in a mixed use development that includes residential accommodation other than co-living housing.
(8)  Before granting consent to development under subclause (3), the consent authority is to consider whether the development promotes uses that attract pedestrian traffic along ground floor street frontages on Grose Street, Glebe.
(9)  Development promotes uses that attract pedestrian traffic under subclause (8) if, after the erection of a building, or the change of use of a building—
(a)  all premises on the ground floor of the building that face the street will be used for the purposes of business premises or retail premises, and
(b)  the premises will have active street frontages.
(10)  Subclause (8) does not apply for any part of a building to be 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.
(11)  The consent authority must not grant consent to development under subclause (3) for the purposes of commercial premises or hotel or motel accommodation, unless it is satisfied that appropriate measures will be taken to ensure the development is capable of achieving—
(a)  for commercial premises—a 5.5 star NABERS Energy rating, or
(b)  for hotel or motel accommodation—a 4.5 star NABERS Energy rating.
(11A)  State Environmental Planning Policy (Housing) 2021, clause 68(2)(a) does not apply to a building on the subject land.
(12)  In this clause—
NABERS Energy rating (also known as the National Australian Built Environment Rating System Energy rating) means a star rating for the environmental performance of a building, given in accordance with the national rating system that determines building performance for the purpose of the Building Energy Efficiency Disclosure Act 2010 of the Commonwealth.
cl 6.48: Ins 2019 (579), Sch 1[1]. Am 2021 (714), Sch 10.18[3]–[5]; 2021 (717), Sch 1[34].
6.49   12–22 Rothschild Avenue, Rosebery
(1)  This clause applies to 12–22 Rothschild Avenue, Rosebery, being Lot B, DP 308922, Lot 5, DP 309149, Lot 1, DP 314957, Lot 408, DP 315228 and Lots A and B, DP 322620.
(2)  Clause 6.21D(3)(a) does not apply to a building on land to which this clause applies.
cl 6.49: Ins 2020 (49), Sch 1. Am 2021 (717), Sch 1[31].
6.50   24 Rothschild Avenue, Rosebery
(1)  This clause applies to 24 Rothschild Avenue, Rosebery, being Lots 410 and 456, DP 7534 and Lots 1 and 2, DP 456612.
(2)  Clause 6.14 and Division 4 do not apply to a building on land to which this clause applies.
(3)  Despite any other provision of this Plan, development consent must not be granted for development, on land to which this clause applies, for the purposes of residential accommodation or tourist and visitor accommodation.
cl 6.50: Ins 2020 (49), Sch 1. Am 2021 (717), Sch 1[36].
6.51   72–84 Foveaux Street, Surry Hills
(1)  This clause applies to 72–84 Foveaux Street, Surry Hills, being Lot 1, DP 625093.
(2)  Despite clauses 4.3 and 4.4, the consent authority may grant development consent to alterations or additions to an existing building on the land to which this clause applies that will result in a building—
(a)  with a maximum building height of RL 55.60 metres, and
(b)  with a maximum floor space ratio of 4:1.
(3)  Development consent must not be granted under this clause unless the consent authority is satisfied that the resulting building—
(a)  will not be used for the purpose of residential accommodation or serviced apartments, and
(b)  does not include any car parking spaces except for parking spaces for vehicles required for the purposes of carrying out servicing of the building.
(4)  This clause does not limit the operation of clause 6.13 in its application to the land to which this clause applies.
cl 6.51: Ins 2020 (119), cl 4.
6.52   1–11 Oxford Street, Paddington
(1)  The objective of this clause is to provide for additional building height and floor space for development on certain land for the purposes of hotel or motel accommodation, entertainment facilities and health services facilities.
(2)  This clause applies to 1–11 Oxford Street, Paddington, being Lots 1 and 2, DP 130269 and Lot A, DP 377984.
(3)  Despite clauses 4.3 and 4.4, the consent authority may grant development consent to alterations or additions to an existing building on the land to which this clause applies that will result in a building—
(a)  with a maximum building height of RL 68.655 metres, and
(b)  with a maximum floor space ratio of 2.95:1 above RL 47.455 metres.
(4)  Development consent must not be granted under this clause unless the consent authority is satisfied that—
(a)  the development is primarily for the purposes of hotel or motel accommodation, and
(b)  the development will not endanger the structural stability of the existing building or any heritage items on or under the land, and
(c)  at least 300 square metres of the gross floor area at basement level of the resulting building will be used for the purposes of entertainment facilities, and
(d)  at least 300 square metres of the gross floor area at basement level of the resulting building will be used for the purposes of health services facilities, and
(e)  the resulting building will not be used for the purposes of residential accommodation or serviced apartments.
(5)  Clause 6.21D(3) does not apply to a building on the land to which this clause applies.
cl 6.52: Ins 2020 (463), Sch 1[2]. Am 2021 (717), Sch 1[28].
6.53   Western Gateway Sub-precinct
(1)  This clause applies to the land identified as the “Western Gateway Sub-precinct” on the Locality and Site Identification Map (the Western Gateway Sub-precinct).
(2)  Clause 2.8 extends to development in the Western Gateway Sub-precinct for a temporary use for a maximum period of 100 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted to development that results in any part of a building in the Western Gateway Sub-precinct causing additional overshadowing (within the meaning of clause 6.19(2)), at any time of year, of Prince Alfred Park between 10.00–14.00.
(4)  Development consent must not be granted to development in the Western Gateway Sub-precinct unless the consent authority has taken into consideration any guidelines made by the Planning Secretary relating to the design and amenity of the Western Gateway Sub-precinct.
(5)  The following do not apply in relation to a building in the Western Gateway Sub-precinct—
(a)  clause 6.3 and Subdivision 2 of Division 1,
(b)  clause 7.20.
(6)  Despite clause 4.3, development consent may be granted to development that results in 1 or more of the following—
(a)  the height of a building in Block A exceeding the maximum height shown for Block A on the Height of Buildings Map, but only if the height of the building will not exceed RL 200.2 metres,
(b)  the height of a building in Block B exceeding the maximum height shown for Block B on the Height of Buildings Map, but only if the height of the building will not exceed RL 205.8 metres,
(c)  the height of a building in Block C exceeding the maximum height shown for Block C on the Height of Buildings Map, but only if the height of the building will not exceed RL 211.9 metres.
(7)  Despite clause 4.4, development consent may be granted to development that results in 1 or more of the following—
(a)  the floor space ratio for a building in Block A exceeding the maximum floor space ratio shown for Block A on the Floor Space Ratio Map, but only if the gross floor area of all buildings in Block A will not exceed 77,000 square metres,
(b)  the floor space ratio for a building in Block B exceeding the maximum floor space ratio shown for Block B on the Floor Space Ratio Map, but only if the gross floor area of all buildings in Block B will not exceed 155,000 square metres,
(c)  the floor space ratio for a building in Block C exceeding the maximum floor space ratio shown for Block C on the Floor Space Ratio Map, but only if the gross floor area of all buildings in Block C will not exceed 43,000 square metres.
(8)  Development consent must not be granted under subclause (6) or (7) unless the consent authority is satisfied that the resulting building will not be used for the purposes of residential accommodation.
(8A)  Development consent must not be granted for the erection of a building (the new building) on Block C above the existing Adina Hotel building (the existing building) unless the consent authority is satisfied that—
(a)  the total gross floor area of the new building and the existing building will not be more than 41,000 square metres, and
(b)  the building area of the new building at any height will not be more than 1,300 square metres, and
(c)  the new building will have a setback of—
(i)  at least 5 metres from the north east and south west corners of the existing building, and
(ii)  at least 12 metres from a building on Block A, and
(d)  the new building will not project more than 16 metres past the southern facade of the existing building.
(9)  Clause 6.21D(1)–(3) do not apply to development in Block A, Block B or Block C.
(10)  In this clause—
Block A means that part of the Western Gateway Sub-precinct identified as “Block A” on the Locality and Site Identification Map.
Block B means that part of the Western Gateway Sub-precinct identified as “Block B” on the Locality and Site Identification Map.
Block C means that part of the Western Gateway Sub-precinct identified as Block C” on the Locality and Site Identification Map.
building area for a building means the floor area of a building as measured to the external face of the external walls.
Prince Alfred Park means the location identified as “Prince Alfred Park” (as shown with blue hatching) on the Sun Access Protection Map.
cl 6.53: Ins 2020 (480), Sch 1. Am 2021 (612), Sch 1[1]–[6]; 2021 (717), Sch 1[37].
6.54   17–31 Cowper Street and 2A–2D Wentworth Park Road, Glebe
(1)  This clause applies to the following land at Glebe—
(a)  17–31 Cowper Street, being Lot 17, DP 244897 (the southern site),
(b)  2A–2D Wentworth Park Road, being Lot 18, DP 244897 (the northern site).
(2)  Despite clause 4.4, the consent authority may grant development consent to development on land to which this clause applies that will result in a building—
(a)  for the southern site—with a maximum floor space ratio of 3.1:1, and
(b)  for the northern site—with a maximum floor space ratio of 4.3:1.
(3)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied that—
(a)  the development includes development on the northern site for the purposes of residential accommodation, and
(b)  100% of the gross floor area of the northern site used for the purposes of residential accommodation will be used for the purposes of affordable housing, and
(c)  the affordable housing will be provided by or on behalf of a public authority or a social housing provider, and
(d)  for development that is BASIX affected development—the development exceeds the BASIX commitment for energy for the development by not less than 5 points.
(4)  Clause 6.21D(3) does not apply to a building on land to which this clause applies.
cl 6.54: Ins 2021 (534), Sch 1[2]. Am 2021 (717), Sch 1[28]; 2022 (50), Sch 1[2].
6.55   4–22 Wentworth Avenue, Surry Hills
(1)  This clause applies to Lots 42–51, DP 6534, 4–22 Wentworth Avenue, Surry Hills.
(2)  The consent authority may grant development consent to alterations or additions to an existing building on the land to which this clause applies that will result in a building—
(a)  on Lots 42–46, DP 6534, 4–12 Wentworth Avenue—with a maximum building height of RL 92.59 metres, and
(b)  on Lots 47–51, DP 6534, 14–22 Wentworth Avenue—with a maximum building height of RL 50 metres, and
(c)  with a maximum floor space ratio of 5.7:1.
(3)  Development consent must not be granted under this clause unless the consent authority is satisfied that the building will be used only for the following purposes—
(a)  commercial premises,
(b)  educational establishments,
(c)  entertainment facilities,
(d)  health services facilities,
(e)  hotel or motel accommodation,
(f)  information or education facilities,
(g)  light industries.
(4)  Clause 6.21D(3)(a) does not apply to a building on the land to which this clause applies.
cl 6.55: Ins 2021 (355), Sch 1[2]. Am 2021 (717), Sch 1[31]; 2021 (750), cl 4.
6.56   24–40 Wentworth Avenue, Surry Hills
(1)  This clause applies to 24–40 Wentworth Avenue, Surry Hills, being—
(a)  Lots 52–59, DP 6534, and
(b)  part of Lot 1, DP 1031245.
(2)  Despite clause 4.3, the consent authority may grant development consent to alterations or additions to an existing building on the land to which this clause applies that will result in a building—
(a)  on the land at 24–38 Wentworth Avenue, being Lots 52–59, DP 6534—with a maximum building height of RL 50 metres, and
(b)  on the land at 40 Wentworth Avenue, being part of Lot 1, DP 1031245—with a maximum building height of RL 44.26 metres.
(3)  Development consent must not be granted under this clause unless the consent authority is satisfied that the building will be used only for the following purposes—
(a)  commercial premises,
(b)  educational establishments,
(c)  entertainment facilities,
(d)  health services facilities,
(e)  hotel or motel accommodation,
(f)  information or education facilities,
(g)  light industries.
cl 6.56: Ins 2021 (355), Sch 1[2].
6.57   1–3 Burrows Road, St Peters
(1)  This clause applies to Lot 11, DP 606737 and Lot 1, DP 1227450, 1–3 Burrows Road, St Peters.
(2)  Development consent must not be granted to development involving the erection of a building on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development will provide for setbacks of at least 6 metres from Burrows Road and Canal Road that are landscaped and not built on, and
(b)  the development will incorporate the principles of ecologically sustainable development, including measures—
(i)  to minimise the consumption of energy and water, and
(ii)  to capture energy and water on site, and
(c)  the development will incorporate measures to minimise the adverse impact of emissions from the road tunnel ventilation facility at Canal Road.
(3)  Development consent must not be granted to development for the purposes of business identification signs and building identification signs on land to which this clause applies unless the consent authority is satisfied that the signage—
(a)  will be limited to those parts of the development fronting Burrows Road and Canal Road, and
(b)  will not be visible from the St Peters Interchange, and
(c)  will not adversely affect the visual amenity of the land.
(4)  Clause 6.21D(3)(b) does not apply to a building on land to which this clause applies.
cl 6.57: Ins 2021 (367), Sch 1. Am 2021 (717), Sch 1[17].
6.58   187–189 Thomas Street, Haymarket
(1)  This clause applies to Lot 100, DP 804958, 187–189 Thomas Street, Haymarket (the subject land).
(2)  The maximum building height for a building on the subject land is RL 226.8 metres.
(3)  The maximum floor space ratio for a building on the subject land at or above ground level (existing) is the floor space ratio determined by the sum of all of the following—
(a)  the floor space ratio shown for the land on the Floor Space Ratio Map,
(b)  8.89:1,
(c)  any accommodation floor space for which the building is eligible under clause 6.4,
(d)  any end of journey floor space for which the building is eligible under clause 6.6,
(e)  if the building is a building demonstrating design excellence—any amount of floor space, to be determined by the consent authority, of up to 10% of the floor space ratio determined by the sum of paragraphs (a)–(d).
(4)  Despite subclause (3), the floor space ratio for a building on the subject land at or above ground level (existing) must not exceed 20:1.
(5)  The maximum floor space ratio for a building on the subject land below ground level (existing) is 1.5:1, but only if—
(a)  the building at or above ground level (existing) is used for the purposes of hotel or motel accommodation or high technology industries, and
(b)  the building below ground level (existing) is used as an auditorium, and
(c)  if the building below ground level (existing) is also used for other purposes, the other purposes are ancillary to the hotel or motel accommodation or high technology industries.
(6)  Development consent must not be granted to development that results in a building on the subject land 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 the consent authority is satisfied that the development will result in—
(a)  a through-site pedestrian link and publicly accessible open space on the subject land, and
(b)  business premises and retail premises with frontages to the through-site pedestrian link.
(7)  Development consent must not be granted to development that results in a building on the subject land being used for the purposes of residential accommodation or serviced apartments.
(8)  Clause 6.21D(3) does not apply to a building on the subject land.
(9)  In this clause—
building demonstrating design excellence has the same meaning as in Division 4.
cl 6.58: Ins 2021 (535), Sch 1[2]. Am 2021 (717), Sch 1[25] [28].
6.59   600–660 Elizabeth Street, Redfern
(1)  This clause applies to Lot 1, DP 1249145, 600–660 Elizabeth Street, Redfern.
(2)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied the buildings on the land will not overshadow Redfern Park and Oval between 9am and 3pm.
(3)  A building on land to which this clause applies may exceed the floor space ratio shown for the land on the Floor Space Ratio Map by—
(a)  if at least 3,500m2 of floor area of all buildings on the land is used for the purposes of community facilities—up to 0.57:1, and
(b)  if all BASIX affected development on the land exceeds the BASIX commitments for energy and water for the development by at least 5 points—up to 0.15:1.
(4)  Development consent must not be granted under subclause (3) unless the consent authority—
(a)  is satisfied—
(i)  at least 30% of the gross floor area used for the purposes of residential accommodation will be used for the purposes of affordable housing, and
(ii)  the affordable housing will be provided by or on behalf of a public authority or a social housing provider, and
(b)  has considered the Design Guide—600–660 Elizabeth Street, Redfern, published by the Department in October 2023.
(5)  In calculating the floor space ratio for the purposes of this clause, the gross floor area of buildings on land to which this clause applies does not include the floor area used for the purposes of community facilities.
(6)  Clause 7.20 does not apply to a building on land to which this clause applies.
(7)  For land to which this clause applies, the reference to the amount permitted as a result of the floor space ratio shown for the land on the Floor Space Ratio Map in clause 6.21D(3)(b)(i) is taken to include an additional amount that is to be permitted by the consent authority under subclause (3) of this clause.
cl 6.59: Ins 2022 (50), Sch 1[3]. Am 2022 (518), cl 4; 2023 (572), Sch 1.
6.60   30–62 Barcom Avenue, Darlinghurst
(1)  This clause applies to Lot B, DP 111138, 30–62 Barcom Avenue, Darlinghurst.
(2)  A building on land to which this clause applies may have—
(a)  a floor space ratio of up to 3.75:1, and
(b)  a height of up to 18m.
(3)  Subclause (2) applies if—
(a)  the consent authority is satisfied that—
(i)  the building will not be used for the purposes of residential accommodation or tourist and visitor accommodation, and
(ii)  the building will be used only for the purposes of commercial premises, and
(iii)  the development will not create car parking spaces associated with a part of the building used for the purposes of commercial premises, and
(b)  the consent authority has considered the impact the development will have on solar access to 64 Barcom Avenue, Darlinghurst and 61–63 McLachlan Avenue, Darlinghurst.
(4)  Subclause (3)(a)(ii) does not apply to a part of the building in existence before development consent is granted.
cl 6.60: Ins 2022 (165), Sch 1.
6.60A   North Alexandria—building height
(1)  This clause applies to land identified as “North Alexandria” on the Locality and Site Identification Map.
(2)  Clause 6.21D(3)(a) does not apply to development on land to which this clause applies.
cl 6.60A: Ins 2022 (587), cl 5(1).
6.60B   Botany Road Precinct Opportunity Land
(1)  The objective of this clause is to create incentives for carrying out development—
(a)  for employment generating uses, and
(b)  if compatible with existing non-residential land uses—to provide affordable housing, and
(c)  to provide community infrastructure, and
(d)  resulting in buildings with high environmental performance.
(2)  This clause applies to Botany Road Precinct Opportunity Land.
(3)  A building on land to which this clause applies may exceed the maximum height shown for the land on the Height of Buildings Map if—
(a)  the building is used only for—
(i)  non-residential purposes, or
(ii)  non-residential purposes and to provide affordable housing, and
(b)  the height of the building does not exceed the height shown for the land on the Alternative Height of Buildings Map.
(4)  A building on land to which this clause applies may exceed the floor space ratio shown for the land on the Floor Space Ratio Map if the floor space ratio of the building does not exceed the floor space ratio shown for the land on—
(a)  for a building used only for non-residential purposes—the Alternative Floor Space Ratio Map—Employment Sites, or
(b)  for a building used only for non-residential purposes and to provide affordable housing—the Alternative Floor Space Ratio Map—Affordable Housing Sites.
(5)  In calculating the floor space ratio for the building under subclause (4), land identified as “Classified Road (SP2)” on the Land Reservation Acquisition Map must not be included in the site area.
(6)  Subclauses (3) and (4) do not apply unless the consent authority is satisfied—
(a)  the development provides, or will provide, appropriate public access and laneways, and
(b)  if the development is BASIX affected development—the building is capable of exceeding the BASIX commitments by at least—
(i)  for energy—10 points, and
(ii)  for water—5 points.
(7)  Subclauses (3) and (4) do not apply to development involving the provision of affordable housing unless the consent authority is satisfied—
(a)  the affordable housing will be owned and managed by a registered community housing provider, and
(b)  the affordable housing will be provided in accordance with the City of Sydney Affordable Housing Program, adopted by the Council on 24 August 2020, and
(c)  the development will not reduce the capacity of adjoining sites used or intended to be used for non-residential purposes, and
(d)  the development is compatible with the existing and approved uses of land near the development, having regard to the following—
(i)  the impact the development, including its bulk, scale and traffic generation, is likely to have on the existing and approved uses,
(ii)  the services and infrastructure that are or will be available to meet the demands resulting from the development,
(iii)  the impact the uses are likely to have on the health, well-being and amenity of residents of buildings resulting from the development, and
(e)  the following part of the building will be used only for non-residential purposes—
(i)  for a building on Lot 11, DP 219505 and Lot 2, DP 136012, 74–88 Botany Road, Alexandria—the ground floor,
(ii)  for a building on other land—the ground floor and the first floor.
(8)  Clause 6.21D(3)(a) does not apply to a building for which development consent is granted under this clause.
(9)  In this clause—
non-residential purpose means development for a purpose other than the following—
(a)  residential accommodation,
(b)  serviced apartments.
cl 6.60B: Ins 2022 (678), Sch 1[4].
6.60C   2 Chifley Square, Sydney
(1)  The objectives of this clause are to—
(a)  prevent development for the purposes of residential accommodation or serviced apartments on land to which this clause applies, and
(b)  encourage development that complements existing buildings on the land and the surrounding area, and
(c)  require the removal of commercially operated car parking.
(2)  This clause applies to Lot 10, DP 777545, 2 Chifley Square, Sydney.
(3)  The maximum floor space ratio for a building on the land to which this clause applies is 20.63:1, which includes—
(a)  the floor space ratio shown for the land on the Floor Space Ratio Map, and
(b)  any additional floor space for which the building is eligible under clauses 6.4, 6.6 and 6.21D(3)(b).
(4)  Development consent must not be granted under subclause (3) unless the consent authority is satisfied—
(a)  the building will not be used for the purposes of—
(i)  residential accommodation, or
(ii)  serviced apartments, or
(iii)  commercially operated car parks, and
(b)  the floor space ratio of the part of the building at or above ground level (existing) will be no more than 20.33:1.
(5)  If the building is not eligible for additional floor space under clause 6.6 or 6.21D(3)(b), the maximum amount of floor space for which consent may be granted under subclause (3) is reduced by the amount of additional floor space for which the building could otherwise have been eligible under the clauses.
(6)  Clauses 6.5A and 6.21D(3)(a) do not apply to the building.
cl 6.60C: Ins 2022 (723), Sch 1[2].
6.60D   Oxford Street Cultural and Creative Precinct
(1)  The objectives of this clause are as follows—
(a)  to encourage development for cultural or creative purposes by providing a greater maximum height and floor space ratio for certain buildings,
(b)  to ensure the additional height and floor space reflects the desired character of the area,
(c)  to minimise adverse impacts on the amenity of the surrounding area,
(d)  to promote Oxford Street as a local centre for commercial, education, health and tourism opportunities,
(e)  to reinforce the status of the Oxford Street Cultural and Creative Precinct as a strategic centre encouraging development for cultural or creative purposes.
(2)  This clause applies to the Oxford Street Cultural and Creative Precinct.
(3)  A building on land to which this clause applies may have either or both of the following—
(a)  a height not exceeding the maximum height shown for the land on the Alternative Height of Buildings Map,
(b)  a floor space ratio not exceeding the maximum floor space ratio shown for the land on the Alternative Floor Space Ratio Map.
(4)  Subclause (3) applies only if—
(a)  the building will be used for the purposes of one or more of the following—
(i)  commercial premises,
(ii)  community facilities,
(iii)  entertainment facilities,
(iv)  health services facilities,
(v)  hotel or motel accommodation,
(vi)  information and education facilities,
(vii)  light industries, and
(b)  for the erection of a new building or the rebuilding or alteration of an existing building that is not used for cultural or creative purposes—at least 10% of the gross floor area of the building resulting from the development will be used for cultural or creative purposes, and
(c)  for the rebuilding or alteration of an existing building used for cultural or creative purposes—the amount of floor space used for cultural or creative purposes will be at least the sum of the following—
(i)  the amount of floor space used for cultural or creative purposes immediately before the development is carried out,
(ii)  10% of the gross floor area of the building resulting from the development.
(5)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered whether the development promotes land uses that will attract pedestrian traffic along ground floor street frontages in the Oxford Street Cultural and Creative Precinct.
(6)  Development consent must not be granted to the erection or change of use of a building with a standard height and floor space ratio on land to which this clause applies unless the consent authority has considered the impact of the development on—
(a)  the status of the Oxford Street Cultural and Creative Precinct as a strategic centre encouraging development for cultural or creative purposes, and
(b)  the availability of floor space to be used for cultural or creative purposes.
(7)  A building must not be erected on the following land in Darlinghurst unless erected on a site with a site area of at least 1,000m2—
(a)  Lot 2, DP 51864, 379–379A Bourke Street,
(b)  Lot 1, DP 57383, 381 Bourke Street,
(c)  Lots 1 and 2, DP 193949, 383–387 Bourke Street,
(d)  Lot 1, DP 33381, 189 Oxford Street.
(8)  A building must not be erected on the following land in Paddington unless erected on a site with a site area of at least 1,142.5m2—
(a)  Lot 1, DP 84976, 21–25 Oxford Street,
(b)  Lot 1, DP 1045284, 27–33 Oxford Street.
(9)  If the following land in Darlinghurst is amalgamated into a single lot, the maximum floor space ratio for all buildings on the lot is 3.3:1—
(a)  Lot 100, DP 746537, 4–6 Flinders Street,
(b)  Lots 1–4, DP 9347, 10–24 Flinders Street and 4–6 and 8–10 Taylor Street,
(c)  Lot 1, DP 819569 and Lot 5, DP 9347, 2 Sturt Street.
(10)  Clause 6.21D(3) does not apply to a building on land to which this clause applies.
(11)  In this clause—
cultural or creative purposemeans a purpose involving live entertainment, music, performing arts, film or television, media, advertising, fine arts and craft, photography, publishing, fashion, industrial or graphic design, and includes museums or archives related to a cultural or creative purpose.
standard height and floor space ratio means—
(a)  a height not exceeding the maximum height shown for the land on the Height of Buildings Map, and
(b)  a floor space ratio not exceeding the maximum floor space ratio shown for the land on the Floor Space Ratio Map.
cl 6.60D: Ins 2022 (743), Sch 1[2].
6.60E   Flinders Street and Oxford Street
(1)  This clause applies to land in Darlinghurst and Paddington with a street frontage to Flinders Street or Oxford Street.
(2)  A building on land to which this clause applies may have a floor space ratio exceeding the maximum permissible FSR by up to 0.8:1 if the additional GFA is—
(a)  located in a basement, and
(b)  used for the purposes of entertainment facilities.
(3)  Clause 6.21D(3) does not apply to a building on land to which this clause applies.
(4)  In this clause—
additional GFA means the gross floor area equal to the amount by which the floor space ratio of the building exceeds the maximum permissible FSR.
maximum permissible FSR means the maximum floor space ratio shown for the land on the—
cl 6.60E: Ins 2022 (743), Sch 1[2].
6.60F   757–763 George Street, Haymarket
(1)  The objective of this clause is to encourage—
(a)  land uses other than residential accommodation or serviced apartments, and
(b)  a satisfactory distribution of built form and floor space that is appropriate to the surrounding area, and
(c)  the adaptive re-use of a heritage item.
(2)  This clause applies to Lot 11, DP 70261 and Lot 1, DP 1031645, 757–763 George Street, Haymarket.
(3)  The maximum height for a building is RL 117.87m.
(4)  The part of a building located at or above ground level (existing) may have a floor space ratio of up to the ratio of the sum of the following to the site area—
(a)  the gross floor area permitted as a result of applying the floor space ratio shown for the land on the Floor Space Ratio Map,
(b)  the gross floor area resulting from applying a floor space ratio of 1.09:1,
(c)  any accommodation floor space for which the building is eligible under clause 6.4,
(d)  any end of journey floor space for which the building is eligible under clause 6.6,
(e)  if the building is a building demonstrating design excellence—the gross floor area, determined by the consent authority, of up to 10% of the sum of the amounts specified in paragraphs (a)–(d).
(5)  The floor space ratio calculated under subclause (4) must not exceed 11.1:1.
(6)  The maximum floor space ratio for the part of a building located below ground level (existing) is 0.63:1 if—
(a)  part of the building located at or above ground level (existing) will be used for the purposes of hotel or motel accommodation, and
(b)  the consent authority is satisfied the part of the building located below ground level (existing) will be used only for retail premises or entertainment facilities ancillary to the hotel or motel accommodation, and
(c)  there will be a separate entrance at street level that provides direct access to the part of the building located below ground level (existing).
(7)  Development consent must not be granted to the erection of a building that exceeds the maximum height shown for the land on the Height of Buildings Map or the maximum floor space ratio shown for the land on the Floor Space Ratio Map unless the consent authority is satisfied—
(a)  the heritage item on the land will be retained and conserved, and
(b)  the development will result in business premises and retail premises at street level, and
(c)  adequate provision will be made for the following within the site—
(i)  the loading and unloading of goods,
(ii)  vehicle access, including emergency vehicles,
(iii)  the collection and management of waste, and
(d)  the building will not be used for residential accommodation or serviced apartments.
(8)  Clause 6.21D(3) does not apply to a building on land to which this clause applies.
(9)  In this clause—
building demonstrating design excellence has the same meaning as in Division 4.
cl 6.60F: Ins 2023 (230), Sch 1.
6.60G   15–23 Hunter Street and 103–107 Pitt Street, Sydney
(1)  The objectives of this clause are to—
(a)  encourage land uses other than residential accommodation or serviced apartments, and
(b)  encourage a satisfactory distribution of built form and floor space that is appropriate to the surrounding area, and
(c)  provide a publicly accessible through-site pedestrian link.
(2)  This clause applies to the following land in Sydney—
(a)  Lots A and B, DP 109825 and Lot 1, DP 630190, 15–17 Hunter Street,
(b)  Lot 1, DP 59754, 19–21 Hunter Street,
(c)  SP 69888, 23 Hunter Street,
(d)  SP 60693, 103–105 Pitt Street,
(e)  Lot 1, DP 63968, 107 Pitt Street.
(3)  The part of a building located at or above ground level (existing) may have a floor space ratio of up to the ratio of the sum of the following to the site area—
(a)  the gross floor area permitted as a result of applying the floor space ratio shown for the land on the Floor Space Ratio Map,
(b)  the gross floor area resulting from applying a floor space ratio of 7.5:1,
(c)  any accommodation floor space for which the building is eligible under clause 6.4,
(d)  if the building is a building demonstrating design excellence—the gross floor area, determined by the consent authority, of up to 10% of the sum of the amounts specified in paragraphs (a)–(c).
(4)  The total floor space ratio calculated under subclause (3) must not exceed 22:1.
(5)  The maximum floor space ratio for the part of a building located below ground level (existing) is 2:1 if the consent authority is satisfied adequate provision will be made in that part of the building for the following purposes—
(a)  loading and unloading of goods,
(b)  vehicle access, including emergency vehicle access,
(c)  the collection and management of waste,
(d)  bicycle parking,
(e)  end of journey facilities.
(6)  The floor space permitted in subclause (5) is in addition to any end of journey floor space for which the building is eligible under clause 6.6.
(7)  Development consent must not be granted to the erection of a building that exceeds the maximum floor space ratio shown for the land on the Floor Space Ratio Map unless the consent authority is satisfied the development will result in—
(a)  a publicly accessible through-site pedestrian link connecting Pitt Street and Hunter Street, and
(b)  business premises and retail premises with frontages to the through-site pedestrian link.
(8)  Development consent must not be granted under this clause to development for the purposes of residential accommodation or serviced apartments.
(9)  Clauses 6.21D(3) and 6.21E do not apply to a building on the land to which this clause applies.
(10)  In this clause—
building demonstrating design excellence has the same meaning as in Division 4.
cl 6.60G: Ins 2023 (312), Sch 1[3].
Division 6 Pyrmont Peninsula
pt 6, div 6: Ins 2022 (426), Sch 1[1].
6.61   Preliminary
(1)  In this Division—
Pyrmont Peninsula Design Guidelines means the Pyrmont Peninsula Design Guidelines, published by the Department on 29 July 2022 and available on the NSW planning portal.
Pyrmont Peninsula Urban Design Report means the Pyrmont Peninsula Urban Design Report, published by the Department on 29 July 2022 and available on the NSW planning portal.
(2)  Clause 6.21D(3) does not apply to a building on land to which clause 6.63, 6.64, 6.65 or 6.66 applies.
cl 6.61: Ins 2022 (426), Sch 1[1]. Am 2023 (554), Sch 2.39[3].
6.62   Concurrence of Planning Secretary
(1)  Development consent must not be granted to development under this Division unless the consent authority has obtained the concurrence of the Planning Secretary.
(2)  In deciding whether to grant concurrence, the Planning Secretary must consider the Pyrmont Peninsula Infrastructure Delivery Plan published by the Department on 29 July 2022 and available on the NSW planning portal.
(3)–(5)    (Repealed)
cl 6.62: Ins 2022 (426), Sch 1[1]. Am 2023 (554), Sch 2.39[4].
6.63   Part of Star Casino at 20–80 Pyrmont Street, Pyrmont
(1)  This clause applies to land at 20–80 Pyrmont Street, Pyrmont shown as “Area A”, “Area B” and “Area C” on the Locality and Site Identification Map.
(2)  The maximum height for a building in “Area A” is RL 51.8m if the consent authority is satisfied—
(a)  the building will—
(i)  be used for the purposes of entertainment facilities, and
(ii)  not be used for the purposes of residential accommodation, and
(b)  the development is consistent with the Pyrmont Peninsula Urban Design Report.
(3)  The maximum height for a building in “Area B” is RL 110m if the consent authority is satisfied—
(a)  the building will—
(i)  be used for the purposes of hotel or motel accommodation and ancillary retail premises and function centres, and
(ii)  not be used for the purposes of residential accommodation, and
(b)  the development is consistent with—
(i)  the Pyrmont Peninsula Urban Design Report, and
(ii)  the Pyrmont Peninsula Design Guidelines.
(4)  The maximum height for a building in “Area C” is RL 35.3m if the consent authority is satisfied—
(a)  the building will not be used for the purposes of residential accommodation, and
(b)  the development is consistent with the Pyrmont Peninsula Urban Design Report.
cl 6.63: Ins 2022 (426), Sch 1[1].
6.64   UTS buildings at Harris Street, Ultimo
(1)  This clause applies to development on Lot A, DP 87139, Lot 1, DP 87261 and Lot 9, DP 86567, 622–632, 634–642 and 644–644A Harris Street, Ultimo.
(2)  If the consent authority is satisfied the development is consistent with the Pyrmont Peninsula Urban Design Report and the Pyrmont Peninsula Design Guidelines—
(a)  the maximum height for a building is RL 68m, and
(b)  the maximum floor space ratio is 5.93:1.
cl 6.64: Ins 2022 (426), Sch 1[1].
6.65   Part of Pyrmont Station complex at 37–69 Union Street, Pyrmont
(1)  This clause applies to Lot 1, DP 620352 and Lot 1, DP 657429, 37–69 Union Street, Pyrmont.
(2)  If the consent authority has considered the Pyrmont Peninsula Design Guidelines—
(a)  the maximum height for a building is RL 120m, and
(b)  the maximum floor space ratio is 9:1.
(3)  Floor space used for the purposes of rail infrastructure facilities, within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, Division 15, is excluded for the purposes of calculating the floor space ratio.
cl 6.65: Ins 2022 (426), Sch 1[1]. Am 2023 (598), Sch 1[1].
6.66   Part of Pyrmont Station complex at 26–32 Pyrmont Bridge Road, Pyrmont
(1)  This clause applies to Lot 10, DP 1028280, 26–32 Pyrmont Bridge Road, Pyrmont.
(2)  If the consent authority has considered the Pyrmont Peninsula Design Guidelines, the maximum height for a building is RL 37.75m.
cl 6.66: Ins 2022 (426), Sch 1[1].
Division 7 Blackwattle Bay Precinct
pt 6, div 7: Ins 2022 (826), Sch 1.4[4].
6.67   Preliminary
(1)  In this Division—
Blackwattle Bay Design Guidelines means the Blackwattle Bay Design Guidelines, published by the Department in October 2023 and available on the NSW planning portal.
Blackwattle Bay Precinct means the land identified as “Blackwattle Bay Precinct” on the Locality and Site Identification Map.
(2)  Clauses 6.21D(3), 7.6 and 7.20 do not apply to development in the Blackwattle Bay Precinct.
(3)  Part 7, Division 1 does not apply to development in the Blackwattle Bay Precinct to the extent to which the Division imposes development standards in relation to car parking spaces for commercial premises.
cl 6.67: Ins 2022 (826), Sch 1.4[4]. Am 2023 (554), Sch 2.39[3]; 2023 (598), Sch 1[2].
6.68   Erection of buildings
(1)  This clause applies to development involving the erection of a building in the Blackwattle Bay Precinct.
(2)  Development consent must not be granted to development on the land unless the consent authority is satisfied—
(a)  the development is consistent with the Blackwattle Bay Design Guidelines, and
(b)  the development will not result in the total gross floor area exceeding—
(i)  for all buildings on land in Area 16—7,132m2, and
(ii)  for all buildings on land in Area 17—129,291m2, and
(c)  the percentage of the total gross floor area of the building that will be used for non-residential purposes is at least the following—
(i)  for a building in Area 12—35%,
(ii)  for a building in Area 13—30%,
(iii)  for a building in Area 14—41%,
(iv)  for a building in Area 15 or Area 16—100%,
(v)  for a building in Area 17—43%, and
(d)  appropriate measures will be taken to ensure the building is capable of achieving—
(i)  a Green Star building rating with a “credit achievement” in Credit 22: Energy Use, or
(ii)  a standard the consent authority is satisfied is equivalent to the standard specified in subparagraph (i), and
(e)  public utility infrastructure essential for the development is available, or adequate arrangements have been made to make the infrastructure available when it is required, and
(f)  the development will not result in the number of car parking spaces exceeding 1 space for every 1,100m2 of gross floor area used for business premises and office premises in the Blackwattle Bay Precinct.
(3)  In this clause—
Area means an Area shown on the Floor Space Ratio Map.
Green Star building rating means a certified sustainability rating given by or on behalf of the Green Building Council of Australia.
public utility infrastructure includes infrastructure for the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
cl 6.68: Ins 2022 (826), Sch 1.4[4].
6.69   Foreshore promenade
(1)  The objective of this clause is to allow greater densities adjacent to the Blackwattle Bay foreshore promenade in order to deliver—
(a)  a world class foreshore walk that is in the public domain, and
(b)  public through site links from Bank Street through to the foreshore.
(2)  This clause applies to the following land at Pyrmont in the Blackwattle Bay Precinct—
(a)  Lots 7–11, DP 803160, 21–29 Bank Street,
(b)  Lots 20–22, DP 811844, 31–35 Bank Street,
(c)  Lots 24 and 25, DP 815847, 37–39 Bank Street,
(d)  Lot 100, DP 836204, 41–45 Bank Street.
(3)  A building on land to which this clause applies may exceed the floor space ratio shown for the land on the Floor Space Ratio Map by an amount to be determined by the consent authority if the floor space ratio of the building is no more than—
(a)  for a building in Area 12—3.92:1,
(b)  for a building in Area 13—4.44:1,
(c)  for a building in Area 14—3.18:1,
(d)  for a building in Area 15—4:1.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied—
(a)  the development is consistent with—
(i)  the objectives of this clause, and
(ii)  the Blackwattle Bay Design Guidelines, and
(b)  the development includes—
(i)  the construction of part of a public foreshore promenade on the Blackwattle Bay foreshore promenade, and
(ii)  public access ways through site links between the buildings on the land to which this clause applies, and
(c)  the part of the public foreshore promenade provided by the development will have—
(i)  a minimum width of 10m that is clear of buildings and other permanent structures, and
(ii)  a minimum width of 10m located under the colonnades of buildings above the promenade.
(5)  In this clause—
Blackwattle Bay foreshore promenade means the land identified as “Foreshore Area” on the Locality and Site Identification Map.
cl 6.69: Ins 2022 (826), Sch 1.4[4].
6.70   Affordable housing
(1)  This clause applies to the erection of a new building with a gross floor area of more than 200m2 on the following land at Pyrmont in the Blackwattle Bay Precinct—
(a)  Lots 7–11, DP 803160, 21–29 Bank Street,
(b)  Lots 20–22, DP 811844, 31–35 Bank Street,
(c)  Lots 24 and 25, DP 815847, 37–39 Bank Street,
(d)  Lot 100, DP 836204, 41–45 Bank Street,
(e)  Lot 2, DP 827434, Lot 1, DP 836351, Lot 1, 734622, Lot 1, DP 74155, Lots 1 and 2, DP 125720 and Lot 17, DP 1027254, 56–60 Pyrmont Bridge Road.
(2)  Subclause (1) applies—
(a)  whether the floor area was in existence before, or is created after, the commencement of this clause, and
(b)  whether or not the floor area replaces an existing area.
(3)  The consent authority may, when granting development consent to development to which this clause applies, impose a condition requiring an affordable housing levy contribution equivalent to 7.5% of the total floor area of the building.
(4)  A condition imposed under this clause must permit a person to satisfy the contribution by way of one or both of the following—
(a)  a dedication, in favour of the Council, of land comprising 1 or more dwellings, each having a gross floor area of at least 35m2 but no more than 90m2,
(b)  a monetary contribution paid to the Council.
(5)  A monetary contribution must be calculated in accordance with the City of Sydney Affordable Housing Program adopted by the Council on 24 August 2020.
(6)  The demolition of a building, or a change in the use of land, does not give rise to a claim for a refund of a contribution.
(7)  Clause 7.13 does not apply to development to which this clause applies.
cl 6.70: Ins 2022 (826), Sch 1.4[4].
6.71   General industries prohibited
(1)  This clause applies to land in the Blackwattle Bay Precinct.
(2)  Development consent must not be granted to development for the purposes of general industries.
cl 6.71: Ins 2022 (826), Sch 1.4[4].
Part 7 Local provisions—general
Division 1 Car parking ancillary to other development
7.1   Objectives and application of Division
(1)  The objectives of this Division are—
(a)  to identify the maximum number of car parking spaces that may be provided to service particular uses of land, and
(b)  to minimise the amount of vehicular traffic generated because of proposed development.
(2)  This Division applies to development for any purpose if car parking spaces are to be provided in relation to that purpose but not if the development is for the purpose of a car park.
(3)  Nothing in this Division requires a reduction in the number of car parking spaces in an existing building.
7.2   Interpretation
(1)  For the purposes of this Division—
car parking space means a space intended to be used for the parking of cars that is ancillary to another land use on the site, but does not include any of the following—
(a)  a place primarily used for the purpose of washing vehicles,
(b)  a place primarily used for the purpose of loading or unloading of goods,
(c)  a place primarily used for the purpose of storing bicycles,
(d)  a car parking space in a car park,
(e)  a car parking space for the exclusive use of vehicles belonging to a car share scheme.
car share scheme means a scheme in which a body corporate, an unincorporated body or a public authority owns or manages and maintains vehicles for shared or communal use and hires those vehicles exclusively to members of the scheme for occasional use for short periods of time, on demand and on a pay-as-you go basis.
(2)  For the purposes of this Division, land is in Category A, Category B or Category C if it is shown on the Land Use and Transport Integration Map as being in one of those categories. However, land is taken to be in another of those categories if—
(a)  the land is part of a site that includes land in that other category, and
(b)  this Division would permit a greater number of car parking spaces if the land were in that other category.
(3)  For the purposes of this Division, land is in Category D, Category E or Category F if it is shown on the Public Transport Accessibility Level Map as being in one of those categories. However, land is taken to be in another of those categories if—
(a)  the land is part of a site that includes land in that other category, and
(b)  this Division would permit a greater number of car parking spaces if the land were in that other category.
(4)  More than one provision of this Division may apply in the case of a mixed use development and in such a case—
(a)  the maximum number of car parking spaces is the sum of the number of spaces permitted under each of those provisions, and
(b)  a reference in those provisions to a building, is taken to be a reference to the parts of the building in which the relevant use occurs.
cl 7.2: Am 2016 (226), Sch 1 [14] [15].
7.3   Car parking spaces not to exceed maximum set out in this Division
(1)  Development consent must not be granted to development that includes car parking spaces in connection with a proposed use of land if the total number of car parking spaces (including existing car parking spaces) provided on the site would be greater than the maximum set out in this Division.
(2)  If the maximum number of car parking spaces under this Division is not a whole number, the number is to be rounded to the nearest whole number.
7.4   Dwelling houses, attached dwellings and semi-detached dwellings
The maximum number of car parking spaces for dwelling houses, attached dwellings and semi-detached dwellings is as follows—
(a)  for land in category A—1 space for each dwelling,
(b)  for land in category B—2 spaces for each dwelling having more than 2 bedrooms and 1 space for each other dwelling,
(c)  for land in category C—2 spaces for each dwelling.
7.5   Residential flat buildings, dual occupancies and multi dwelling housing
(1)  The maximum number of car parking spaces for residential flat buildings, dual occupancies and multi dwelling housing is as follows—
(a)  on land in category A—
(i)  for each studio dwelling—0.1 spaces, and
(ii)  for each 1 bedroom dwelling—0.3 spaces, and
(iii)  for each 2 bedroom dwelling—0.7 spaces, and
(iv)  for each 3 or more bedroom dwelling—1 space,
(b)  on land in category B—
(i)  for each studio dwelling—0.2 spaces, and
(ii)  for each 1 bedroom dwelling—0.4 spaces, and
(iii)  for each 2 bedroom dwelling—0.8 spaces, and
(iv)  for each 3 or more bedroom dwelling—1.1 spaces, and
(v)  for each dwelling up to 30 dwellings—0.167 spaces, and
(vi)  for each dwelling more than 30 and up to 70 dwellings—0.1 spaces, and
(vii)  for each dwelling more than 70 dwellings—0.05 spaces,
(c)  on land in category C—
(i)  for each studio dwelling—0.4 spaces, and
(ii)  for each 1 bedroom dwelling—0.5 spaces, and
(iii)  for each 2 bedroom dwelling—1 space, and
(iv)  for each 3 or more bedroom dwelling—1.2 spaces, and
(v)  for each dwelling up to 30 dwellings—0.2 spaces, and
(vi)  for each dwelling more than 30 and up to 70 dwellings—0.125 spaces, and
(vii)  for each dwelling more than 70 dwellings—0.067 spaces.
(2)  Development consent must not be granted to development that includes car parking spaces referred to in subclause (1)(b)(v)–(vii) or (c)(v)–(vii) unless the consent authority is satisfied that those car parking spaces will be used for the purposes of providing parking for visitors to the buildings to which those parking spaces relate and not for the purposes of providing parking for any resident of those buildings.
7.6   Office premises and business premises
The maximum number of car parking spaces for a building used for the purposes of office premises or business premises is as follows—
(a)  if the building is on land in category D and has a floor space ratio of no more than 3.5:1—1 space for each 175 square metres of gross floor area of the building used for those purposes,
(b)  if the building is on land in category E and has a floor space ratio of no more than 2.5:1—1 space for each 125 square metres of gross floor area of the building used for those purposes,
(c)  if the building is on land in category F and has a floor space ratio of no more than 1.5:1—1 space for each 75 square metres of gross floor area of the building used for those purposes,
(d)  if the building is on land in category D, E or F and has a floor space ratio greater than that specified in paragraph (a), (b) or (c) respectively, the following formula is to be used—
 

where—
M is the maximum number of parking spaces, and
G is the gross floor area of all office premises and business premises in the building in square metres, and
A is the site area in square metres, and
T is the total gross floor area of all buildings on the site in square metres.
7.7   Retail premises
(1)    (Repealed)
(2)  The maximum number of car parking spaces for a building used for the purposes of retail premises is as follows—
(a)  if the building is on land in category E—1 space for each 60 square metres of gross floor area of the building used for those purposes,
(b)  if the building is on land in category F—1 space for each 50 square metres of gross floor area of the building used for those purposes,
(c)  if the building is on land in category D and has a floor space ratio of no more than 3.5:1—1 space for each 90 square metres of gross floor area of the building used for those purposes,
(d)  if the building is on land in category D and has a floor space ratio greater than 3.5:1, the following formula is to be used—
 
where—
M is the maximum number of parking spaces, and
G is the gross floor area of all retail premises in the building in square metres, and
A is the site area in square metres, and
T is the total gross floor area of all buildings on the site in square metres.
cl 7.7: Am 2023 (562), Sch 1[1].
7.8   Industry and warehouse or distribution centres
(1)  The maximum number of car parking spaces for a building used for the purposes of industry is as follows—
(a)  if the building is on land in category D—1 space for each 150 square metres of gross floor area of the building used for those purposes,
(b)  if the building is on land in category E—1 space for each 125 square metres of gross floor area of the building used for those purposes,
(c)  if the building is on land in category F—1 space for each 100 square metres of gross floor area of the building used for those purposes.
(2)  The maximum number of car parking spaces for a building used for the purposes of warehouse or distribution centres is as follows—
(a)  if the building is on land in category D—1 space for each 500 square metres of gross floor area of the building used for those purposes,
(b)  if the building is on land in category E—1 space for each 400 square metres of gross floor area of the building used for those purposes,
(c)  if the building is on land in category F—1 space for each 300 square metres of gross floor area of the building used for those purposes.
7.9   Other land uses
(1) Serviced apartments and hotel or motel accommodation The maximum number of car parking spaces for a building used for the purposes of serviced apartments or hotel or motel accommodation is—
(a)  1 space for every 4 bedrooms up to 100 bedrooms, and
(b)  1 space for every 5 bedrooms more than 100 bedrooms.
(2) Centre-based child care facilities The maximum number of car parking spaces for a building used for the purposes of a centre-based child care facility is 1 space plus 1 space for every 100 square metres of the gross floor area of the building used for those purposes.
(3) Information and education facilities The maximum number of car parking spaces for a building used for the purposes of information and education facilities is 1 space for every 200 square metres of the gross floor area of the building used for those purposes.
(4) Health consulting rooms and medical centres The maximum number of car parking spaces for a building used for the purposes of health consulting rooms or medical centres on any land is 2 spaces for every consulting room.
(5) Places of public worship and entertainment facilities The maximum number of car parking spaces for a building used for the purposes of a place of public worship or an entertainment facility is whichever of the following provides the greater number of spaces—
(a)  1 space for every 10 seats, or
(b)  1 space for every 30 square metres of the gross floor area of the building used for those purposes.
cl 7.9: Am 2017 (493), Sch 1.2 [1].
Division 2 Foreshore development
7.10   Foreshore building line
(1)  The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.
(2)  Development consent must not be granted for development on land in the foreshore area except for the following—
(a)  the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area,
(b)  the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,
(c)  development for the purposes of boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other recreation facilities (outdoor).
(3)  Development consent must not be granted under this clause unless the consent authority is satisfied that—
(a)  the development will contribute to achieving the objectives for the zone in which the land is located, and
(b)  the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and
(c)  the development will not cause environmental harm such as—
(i)  pollution or siltation of the waterway, or
(ii)  an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or
(iii)  an adverse effect on drainage patterns, and
(d)  the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and
(e)  opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(f)  any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained, and
(g)  in the case of development for the alteration or rebuilding of an existing building wholly or partly in the foreshore area, the alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore, and
(h)  sea level rise or change of flooding patterns as a result of climate change have been considered.
7.11   Development on the foreshore must ensure access
In deciding whether to grant development 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.
7.12   Development between Elizabeth Bay House and the foreshore
(1)  This clause applies to land at 26–32 Billyard Avenue Elizabeth Bay, being—
(a)  Lots C and D, DP 401972, and
(b)  Lots A and B, DP 414391, and
(c)  Lot 1, DP 984249.
(2)  Before granting development consent to development on land to which this clause applies, the consent authority must take into consideration the impact of the proposed development (including the bulk and height of the development and the materials proposed to be used) on—
(a)  the historic and visual relationship between Sydney Harbour, the foreshore and Elizabeth Bay House, and
(b)  the views to and from Elizabeth Bay House and the McElhone Reserve.
Division 3 Affordable housing
7.13   Contribution for purpose of affordable housing
(1)  This clause applies to the following development—
(a)  development on land at Green Square or Ultimo-Pyrmont, or on southern employment land or residual land that involves—
(i)  the erection of a new building the gross floor area of which is more than 200 square metres, or
(ii)  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 the purpose of residential accommodation, or
(iii)  alterations to an existing building that will result in the creation of more than 60 square metres of gross floor area that is intended to be used for a purpose other than residential accommodation, or
(iv)  the demolition of existing floor area and the subsequent creation, whether for the same or a different purpose, of more than 200 square metres of gross floor area,
(b)  development on land at Green Square or Ultimo-Pyrmont, or on southern employment land, that involves a change of use of more than 60 square metres of existing floor area of a building,
(c)  development on residual land that involves a change of use of existing floor area from other than residential accommodation to residential accommodation or tourist and visitor accommodation,
(d)  development on land at Central Sydney that involves—
(i)  the creation of more than 100 square metres of gross floor area, or
(ii)  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, or
(iii)  a change of use of existing floor area from other than residential accommodation to residential accommodation or tourist and visitor accommodation.
(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 provided for in subclause (2A), (2B) or (2C).
(2A)  The affordable housing levy contribution for development on land at Green Square, on Pyrmont Peninsula land or on southern employment land is—
(a)  3% of the total floor area of the development that is intended to be used for residential purposes, and
(b)  1% of the total floor area of the development that is not intended to be used for residential purposes.
(2B)  The affordable housing levy contribution for development on land at Ultimo-Pyrmont, other than Pyrmont Peninsula land, is—
(a)  0.8% of the total floor area of the development that is intended to be used for residential purposes, and
(b)  1.1% of the total floor area of the development that is not intended to be used for residential purposes.
(2C)  The affordable housing levy contribution for development on land at Central Sydney or on residual land is as follows—
(a)  for development applications lodged before 1 July 2022—
(i)  1.5% of the total floor area of the development that is intended to be used for residential purposes, and
(ii)  0.5% of the total floor area of the development that is not intended to be used for residential purposes,
(b)  for development applications lodged on or after 1 July 2022—
(i)  3% of the total floor area of the development that is intended to be used for residential purposes, and
(ii)  1% of the total floor area of the development that is not intended to be used for residential purposes.
(3)  A condition imposed under this clause must permit a person to satisfy the affordable housing levy contribution—
(a)  by way of a dedication in favour of the Council of land comprising one or more dwellings (each having a total floor area of not less than 35 square metres and not more than 90 square metres) with any remainder being paid as a monetary contribution to the Council, or
(b)  if the person so chooses, by way of a monetary contribution to the Council.
(4)  The rate at which a monetary contribution is to be taken to be equivalent to floor area for the purposes of this clause is to be calculated in accordance with—
(a)  for development on land at Ultimo-Pyrmont other than Pyrmont Peninsula land—the Revised City West Affordable Housing Program published by the Department in June 2010, or
Note—
The Program is made available by the Department on the Department’s website.
(aa)    (Repealed)
(b)  for development on land at Green Square or Central Sydney, or on Pyrmont Peninsula land, southern employment land or residual land—the City of Sydney Affordable Housing Program adopted by the Council on 24 August 2020.
Note—
The Program is made available by the Council on its website (www.cityofsydney.nsw.gov.au).
(4A)  The City of Sydney Affordable Housing Program applies to Pyrmont Peninsula land for the purposes of this clause as if Pyrmont Peninsula land was land at Green Square.
(5)  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 or not the floor area concerned replaces a previously 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 any contribution.
(6)  In this clause—
Pyrmont Peninsula land means land to which clause 6.63, 6.64, 6.65 or 6.66 applies.
residual land means the land identified as “Residual Land” on the Locality and Site Identification Map.
total floor area means the total of the areas of each floor of a building within the outer face of the external enclosing walls and including balconies, but excluding the following—
(a)  columns, fins, sun control devices, awnings and other elements, projections or works outside the general lines of the outer face of the external walls,
(b)  that part of a balcony that exceeds the minimum area required by the consent authority in respect of the balcony,
(c)  ancillary car parking permitted by the consent authority and associated internal vehicular and pedestrian access to that car parking,
(d)  space for the loading and unloading of goods,
(e)  the floor area of a building, including balconies, that is—
(i)  on land in Zone E4 General Industrial, or
(ii)  used to provide affordable housing or public housing, or
(iii)  used for the purpose of community facilities.
cl 7.13: Am 2015 (294), Sch 1 [17]–[20]; 2021 (207), Sch 1[3]–[7]; 2022 (426), Sch 1[2]–[7]; 2022 (857), Sch 1.7[9].
7.13A   Affordable housing in Business Area
(1)  Despite any other provision of this Plan, development for the purposes of a residential flat building or a mixed use development that contains shop top housing may be carried out with development consent on land identified as “Business Area” on the Locality and Site Identification Map if the consent authority is satisfied that—
(a)  the residential flat building or shop top housing to which the development application relates will be used for the purposes of affordable housing, and
(b)  the affordable housing will be provided by or on behalf of a public authority or social housing provider, and
(c)  the affordable housing will be provided in accordance with the City of Sydney Affordable Housing Program adopted by the Council on 24 August 2020, and
(d)  the development is compatible with the existing uses and approved uses of land in the vicinity of the development having regard to the following matters—
(i)  the impact that the development (including its bulk, scale and traffic generation) is likely to have on the existing uses and approved uses of that land, and
(ii)  the services and infrastructure that are or will be available to meet the demands arising from the development, and
(iii)  the impact that those uses are likely to have on the health, wellbeing and amenity of residents of the development by reason of noise, dust, lighting, truck movements, operating hours or otherwise, and
(e)  no part of the ground floor of the residential flat building or mixed use development that fronts a street will be used for residential purposes, and
(f)  the development is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land concerned.
(2)  In this clause—
street includes an area of land that is identified in a development control plan made by the Council as land that is proposed to be used for the purposes of a street.
Note—
Development for the purpose of shop top housing may be carried out with development consent on certain land identified as “Business Area” on the Locality and Site Identification Map, without the shop top housing being used for the purpose of affordable housing, because of clause 1AA of Schedule 1.
cl 7.13A: Ins 2015 (294), Sch 1 [21]. Am 2019 (377), Sch 1 [1]; 2022 (50), Sch 1[4]; 2022 (587), cl 5(2); 2022 (857), Sch 1.7[10]–[12].
7.13B   Additional affordable housing contribution for certain development on Planning Proposal Land
(1)  This clause applies to development on Planning Proposal Land involving one or more of the following—
(a)  the erection of a new building with a gross floor area of more than 200m2,
(b)  alterations to an existing building resulting in the creation of more than 200m2 of gross floor area intended to be used for residential accommodation,
(c)  alterations to an existing building resulting in the creation of more than 60m2 of gross floor area intended to be used for a purpose other than residential accommodation,
(d)  a change of use of an existing building to residential accommodation.
(2)  Subclause (1) applies—
(a)  whether the floor area was in existence before, or is created after, the commencement of this clause, and
(b)  whether or not the floor area replaces an existing area.
(3)  The consent authority may, when granting development consent to development to which this clause applies, impose a condition requiring an affordable housing levy contribution equivalent to the contribution specified for the land in Schedule 6C (the contribution).
(4)  A condition imposed under this clause must permit a person to satisfy the contribution by way of one or both of the following—
(a)  a dedication, in favour of the Council, of land comprising 1 or more dwellings, each having a gross floor area of at least 35m2 but no more than 90m2,
(b)  a monetary contribution paid to the Council.
(5)  A monetary contribution must be calculated in accordance with the City of Sydney Affordable Housing Program adopted by the Council on 24 August 2020.
(6)  The demolition of a building, or a change in the use of land, does not give rise to a claim for a refund of a contribution.
(7)  A word or expression used in Schedule 6C has the same meaning as in clause 7.13.
cl 7.13B: Ins 2022 (678), Sch 1[5]. Am 2022 (679), Sch 1[3].
Division 4 Miscellaneous
7.14   Acid Sulfate Soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, and
(b)  the works are not likely to lower the watertable.
7.15   (Repealed)
cl 7.15: Rep 2021 (225), Sch 1.
7.16   Airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and on-going operation of the Sydney (Kingsford-Smith) Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from such operation.
(2)  If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3)  The consent authority may grant development consent for the development, if the relevant Commonwealth body advises that—
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4)  The consent authority must not grant development consent for the development, if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5)  In this clause—
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Sydney (Kingsford-Smith) Airport.
relevant Commonwealth body means the body that is responsible for development decisions relating to the Sydney (Kingsford-Smith) Airport under Commonwealth legislation.
7.17   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 Sydney (Kingsford-Smith) Airport and its flight paths,
(b)  to assist in minimising the impact of aircraft noise from that 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 that airport do not hinder or have any other adverse impacts on the ongoing, safe and efficient operation of that airport.
(2)  This clause applies to development that—
(a)  is on land that—
(i)  is near the Sydney (Kingsford-Smith) Airport, and
(ii)  is in an ANEF contour of 20 or greater, and
(b)  the consent authority considers is likely to be adversely affected by aircraft noise.
(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 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—2000, 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—2000.
(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 Sydney (Kingsford-Smith) Airport prepared by the Department of the Commonwealth responsible for airports.
AS 2021—2000 means AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
7.18   Car parks
Development consent must not be granted to development for the purposes of a car park unless the consent authority is satisfied that—
(a)  the development will not encourage persons to travel in private vehicles between 7am and 9.30am or between 3.30pm and 7pm on weekdays, and
(b)  there will be restrictions on the hours of opening and the amount of time a vehicle can remain within the car park, and
(c)  the development will not adversely impact on the congestion of roads, in particular the movement of public transport on those roads, and
(d)  if not located in Central Sydney, the development will primarily serve retail premises, information and education facilities, entertainment facilities, recreation facilities (outdoor) or recreation facilities (major) on land shown as category F on the Public Transport Accessibility Level Map, and
(e)  if located in Central Sydney on land on which there is not an existing car park, the development will directly serve nearby retail premises, information and education facilities, entertainment facilities, recreation facilities (outdoor) or recreation facilities (major) that, in the opinion of the consent authority, will not be adequately serviced by public transport or public car parking.
7.19   Demolition must not result in long term adverse visual impact
Development consent must not be granted to development involving the demolition of a building unless the consent authority is satisfied that—
(a)  any land affected by the demolition—
(i)  in the case of land to which any provision of Division 5 (Site specific provisions) of Part 6 applies—is subject to a site-specific development control plan, or
(ii)  in any other case—will be comprehensively redeveloped under the development consent (if granted) or under an existing development consent relating to the site, and
(b)  adequate measures will be taken to assist in mitigating any adverse visual impacts that may arise as a result of the demolition with regard to the streetscape and any special character area.
cl 7.19: Am 2017 (239), Sch 1 [9].
7.20   Development requiring or authorising preparation of a development control plan
(1)  This clause applies to any of the following development—
(a)  development for the purposes of a new building,
(b)  development that increases the gross floor area of an existing building.
(2)  Development consent must not be granted to development to which this clause applies on the following land unless a development control plan that provides for the matters in subclause (4) has been prepared for the land—
(a)  land in Central Sydney, if the site area for the development is more than 1,500 square metres or if the development will result in a building with a height greater than 55 metres above ground level (existing),
(b)  land (other than land in Central Sydney, land identified as “Enterprise Area” on the Locality and Site Identification Map or land in Zone E4 General Industrial), if the site area for the development is more than 5,000 square metres or if the development will result in a building with a height greater than 25 metres above ground level (existing),
(c)  land identified as “Enterprise Area” on the Locality and Site Identification Map, if the site area for the development is more than 5,000 square metres and the development is primarily for the purposes of commercial premises,
(d)  land identified as “Business Area” on the Locality and Site Identification Map, if the development is for the purposes of a residential flat building or a mixed use development that contains shop top housing (proposed to be used for the purposes of affordable housing in accordance with clause 7.13A) and the consent authority considers that the development may have a significant adverse impact on non-residential uses in, or in the vicinity of, that zone.
(3)  A development control plan is not required to be prepared if the consent authority is satisfied that such a plan would be unreasonable or unnecessary in the circumstances or that the development—
(a)  involves only alterations or additions to an existing building, and
(b)  does not significantly increase the height or gross floor area of the building, and
(c)  does not have significant adverse impacts on adjoining buildings or the public domain, and
(d)  does not significantly alter any aspect of the building when viewed from public places.
(3A)  A development control plan may be prepared for land identified as “Business Area” on the Locality and Site Identification Map that is proposed to be developed for the purposes of a residential flat building or a mixed use development that contains shop top housing (proposed to be used for the purposes of affordable housing in accordance with clause 7.13A), whether or not such a plan is required under this clause to be prepared for the land.
(4)  The development control plan must provide for all of the following—
(a)  requirements as to the form and external appearance of proposed development so as to improve the quality and amenity of the public domain,
(b)  requirements to minimise the detrimental impact of proposed development on view corridors,
(c)  how proposed development addresses the following matters—
(i)  the suitability of the land for development,
(ii)  the existing and proposed uses and use mix,
(iii)  any heritage issues and streetscape constraints,
(iv)  the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)  the bulk, massing and modulation of buildings,
(vi)  street frontage heights,
(vii)  environmental impacts, such as sustainable design, overshadowing and solar access, visual and acoustic privacy, noise, wind and reflectivity,
(viii)  the achievement of the principles of ecologically sustainable development,
(ix)  pedestrian, cycle, vehicular and service access and circulation requirements, including the permeability of any pedestrian network,
(x)  the impact on, and any proposed improvements to, the public domain,
(xi)  the impact on any special character area,
(xii)  achieving appropriate interface at ground level between the building and the public domain,
(xiii)  the excellence and integration of landscape design,
(xiv)  the incorporation of high quality public art into the fabric of buildings in the public domain or in other areas to which the public has access.
Note—
Section 83C of the Environmental Planning and Assessment Act 1979 provides that if an environmental planning instrument requires the preparation of a development control plan before any particular or kind of development is carried out on any land, that obligation may be satisfied by the making and approval of a staged development application in respect of that land.
cl 7.20: Am 2015 (294), Sch 1 [22]–[24]; 2022 (857), Sch 1.7[11] [13] [14].
7.21   Location of sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts relating to sex services premises.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider whether the operation of the sex services premises is likely to cause a disturbance in the neighbourhood—
(a)  because of its size, location, hours of operation or number of employees, or
(b)  taking into account the cumulative impact of the sex services premises along with other sex services premises operating in the neighbourhood during similar hours.
(3)  Development consent must not be granted to development for the purposes of sex services premises that are proposed to be located in a building containing one or more dwellings, unless the sex services premises can only be accessed by a separate street entrance that does not provide access to the rest of the building.
7.22   Use of existing non-residential buildings that were shops or pubs in Zone R1
(1)  The objective of this clause is to provide for the reuse of buildings for non-residential purposes.
(2)  Development consent must not be granted to development in respect of a relevant existing building for the purpose of food and drink premises or shops unless the consent authority has considered the following—
(a)  the impact of the development on the amenity of the surrounding locality,
(b)  the suitability of the relevant existing building for adaptive reuse,
(c)  the degree of modification of the footprint and facade of the relevant existing building.
(3)  In this clause—
relevant existing building means a building on land in Zone R1 General Residential that—
(a)  was designed and constructed for the purpose of a shop or a pub, and
(b)  was erected before the commencement of this Plan.
cl 7.22: Am 2016 (226), Sch 1 [16]. Subst 2017 (239), Sch 1 [10].
7.22A   Use of other existing non-residential buildings in Zone R1
(1)  The objective of this clause is to provide for the reuse of buildings for non-residential purposes.
(2)  Despite any other provision of this Plan, development consent may be granted to development in respect of a relevant existing building for the purpose of business premises, office premises or light industry if the consent authority is satisfied of the following—
(a)  the relevant existing building will be used for a creative purpose that involves media, fine arts and craft, design (fashion, industrial or graphic), film and television, photography or publishing,
(b)  the development will be compatible with, and will not detract from, the amenity of the surrounding locality,
(c)  the relevant existing building is suitable for adaptive reuse,
(d)  no additional floor space will be created,
(e)  any modification of the facade of the relevant existing building will be minimal,
(f)  the proposed hours of operation will not detract from residential amenity.
(3)  In this clause—
relevant existing building means a building on land in Zone R1 General Residential that—
(a)  was designed and constructed for a purpose other than residential accommodation, and
(b)  was erected before the commencement of this Plan.
cl 7.22A: Ins 2017 (239), Sch 1 [10].
7.23   Large retail development outside of Green Square Town Centre and other planned centres
(1)  This clause applies to land identified as Restricted Retail Development on the Retail Premises Map.
(2)  The objectives of this clause are—
(a)  to promote the economic strength of Green Square Town Centre and planned local centres by limiting large-scale retail development to those centres, and
(b)  to support the provision of community facilities and infrastructure in Green Square.
(3)  Development consent must not be granted to development on land to which this clause applies for the purposes of shops or markets with a gross floor area greater than 1,000 square metres.
7.23A   Expanded retail area outside of Green Square Town Centre
(1)  This clause applies to land identified as “Expanded Retail Area” on the Retail Premises Map.
(2)  The objectives of this clause are—
(a)  to ensure that new retail development enhances the public domain, including by attracting pedestrian traffic, and
(b)  to promote the economic strength of Green Square Town Centre by restricting the development of shopping centres.
(3)  Development consent must not be granted for the purposes of retail premises on land to which this clause applies unless the consent authority is satisfied each retail premises will be—
(a)  located on the ground floor or below, and
(b)  fronting a public place, and
(c)  publicly accessible directly from the public place.
(4)  Despite subclause (3), development consent may be granted to development for the purposes of retail premises if the consent authority is satisfied the development will—
(a)  be consistent with the objectives of this clause, and
(b)  not be in the form of a shopping centre.
(5)  Subclauses (3) and (4) do not apply to development for the purposes of food and drink premises.
(6)  In this clause—
public place has the same meaning as in the Local Government Act 1997.
cl 7.23A: Ins 2023 (562), Sch 1[2].
7.24   Development near Cross City Tunnel ventilation stack
(1)  This clause applies to land identified on the Locality and Site Identification Map as “Land Affected by Cross City Tunnel Ventilation Stack”.
(2)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the proposed development will not adversely affect the dispersal of emissions from the Cross City Tunnel ventilation stack, and
(b)  persons using the proposed development will not be unduly affected by those emissions.
7.25   Sustainable transport on southern employment land
(1)  This clause applies to development on southern employment land that involves—
(a)  the erection of a new building, or
(b)  alterations to an existing building that will result in an amount of additional floor space equivalent to at least 20% of the existing floor space, or
(c)  a change of use of a building that will result in an increase in the permissible number of car parking spaces for the use of the building, being an increase of at least 20% or 100 car parking spaces (whichever is the greater).
(2)  Development consent must not be granted to development to which this clause applies unless the consent authority is satisfied that the development will promote sustainable transport modes and minimise traffic congestion.
(3)  In considering whether development promotes sustainable transport modes and minimises traffic congestion, the consent authority must have regard to the following matters—
(a)  the extent to which the land on which the development is proposed to be carried out is currently accessible by sustainable transport modes,
(b)  the capacity of the transport network to accommodate the development,
(c)  the extent to which the development will contribute to achieving any mode share targets identified in a development control plan made by the Council in respect of the land,
(d)  the extent to which the development will promote sustainable transport and reduce private vehicle use.
(4)  In this clause—
permissible number of car parking spaces means the maximum number of car parking spaces that may be provided for the use of a building pursuant to Division 1 of Part 7.
sustainable transport modes includes, but is not limited to, walking, cycling, public transport and bus shuttle services.
transport network includes roads, public transport, pedestrian and bicycle paths and any other transport infrastructure that contributes to the accessibility of land.
cl 7.25: Ins 2015 (294), Sch 1 [25].
7.25A   Sustainable development in Central Sydney tower cluster areas
(1)  The objective of this clause is to ensure buildings and building services for new development in tower cluster areas in Central Sydney are designed to be capable of achieving best practice energy performance.
(2)  This clause applies to development in a tower cluster area in Central Sydney for which either or both of the following is sought—
(a)  additional floor space under clause 6.21E(2),
(b)  a building height that exceeds the maximum height for the land on the Height of Buildings Map under clause 6.21E(5).
(3)  Development consent must not be granted to development for the purposes of office premises unless the consent authority is satisfied that appropriate measures will be taken to ensure the development is capable of achieving best practice energy performance in the common areas of the part of the building to be used as office premises.
(4)  In this clause—
best practice energy performance means any of the following performance standards—
(a)  a maximum of 45.0 kWh per year for every square metre of gross floor area,
(b)  a 5.5 star + 25% NABERS energy rating, through a NABERS energy commitment agreement between the applicant and the NABERS National Administrator,
(c)  a Green Star building rating with a “credit achievement” in Credit 22: Energy Use,
(d)  a standard the consent authority is satisfied is equivalent to a standard referred to in paragraphs (a)–(c).
common areas, of the development, means areas other than tenant occupied spaces and include the ground floor, entrances, lobbies, foyers, lifts and heating, ventilation and cooling systems.
Green Star building rating means a certified sustainability rating given by or on behalf of the Green Building Council of Australia.
NABERS energy rating means a rating for the energy efficiency of a building given in accordance with the National Australian Built Environment Rating System.
cl 7.25A: Ins 2021 (717), Sch 1[38].
7.26   Public art
(1)  Development for the purpose of public art is permitted with development consent on land in the following zones—
(a)  Zone SP2 Infrastructure,
(b)  Zone RE1 Public Recreation.
Note—
Development for the purpose of public art is permitted with development consent on land in other zones if the Land Use Table specifies that any development that is not permitted without consent, or prohibited, is permitted with consent (that is, if item 3 of the zone includes “Any other development not specified in item 2 or 4”).
(2)  Development consent must not be granted to development for the purpose of public art in any zone in which public art is permitted with development consent unless the consent authority is satisfied that the development—
(a)  will not involve the display of an advertisement, and
(b)  will not increase the gross floor area of any building, and
(c)  will not have a significant adverse impact on any heritage conservation area, heritage item or other object or place of heritage significance, and
(d)  will not have a significant adverse impact on the amenity of the public domain, including by overshadowing, wind or noise impacts, and
(e)  if it is to be carried out on land to which a plan of management (within the meaning of the Local Government Act 1993) applies, will be in accordance with the plan of management.
(3)  In this clause, public art means an artwork located in a public space.
Note—
The installation and display of an outdoor sculpture or other form of freestanding artwork is, in some circumstances, exempt development: see State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 2, Division 1, Subdivision 39 (Sculptures and artworks).
cl 7.26: Ins 2017 (239), Sch 1 [11].
7.27   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 or change of use of a building on land to which this clause applies unless the consent authority is satisfied all premises facing the street on the ground floor will—
(a)  have active street frontages, and
(b)  be used for the purposes of—
(i)  for a building in Waterloo Estate (South)—Area 1—one or more of the following—
(A)  business premises,
(B)  centre-based child care facilities,
(C)  community facilities,
(D)  health services facilities,
(E)  retail premises, or
(ii)  otherwise—either or both of the following—
(A)  business premises,
(B)  retail premises.
(4)  For the purposes of subclause (3), an active street frontage is not required for any part of a building to be 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.
cl 7.27: Ins 2019 (146), Sch 1 [3]. Am 2022 (679), Sch 1[4]
7.28   Serviced apartments
(1)  The objectives of this clause are as follows—
(a)  to ensure that development for the purpose of serviced apartments provides the same level of amenity as that provided by development for the purpose of residential flat buildings,
(b)  to prevent substandard residential accommodation occurring through the conversion of serviced apartments to residential flat buildings.
(2)  Development consent for development for the purpose of serviced apartments or a change of use of a building from serviced apartments to a residential flat building must not be granted unless the consent authority has considered the following in relation to the development—
(b)  the design principles of the Apartment Design Guide (within the meaning of that Policy).
cl 7.28: Ins 2019 (661), Sch 1.2[2].
7.29   Waterloo Estate (South)—Area 1
(1)  The objectives of this clause are as follows—
(a)  to ensure development in Waterloo Estate (South)—Area 1 is orderly and achieves a high level of environmental performance,
(b)  to ensure a balanced mix of social and affordable housing and other housing,
(c)  to provide a local centre to service the local community,
(d)  to ensure community facilities are provided to support the growing resident population.
(2)  This clause applies to Waterloo Estate (South)—Area 1.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied of the following—
(a)  at least 17,000m2 of the gross floor area of all buildings on the land will be used for purposes other than residential accommodation,
(b)  at least 5,000m2 of the gross floor area of all buildings on the land will be used for the purposes of one or more of the following—
(i)  centre-based child care facilities,
(ii)  community facilities,
(iii)  health services facilities,
(c)  at least 26.5% of residential floor space will be used for the purposes of social housing premises,
(d)  at least 7% of residential floor space will be used for the purposes of affordable housing that is owned and managed by a registered community housing provider.
(4)  In calculating gross floor area under subclause (3)(c) and (d), an amount of additional floor space permitted under clause 6.21D(3)(b) must be included.
(5)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered the Design Guide—Waterloo Estate (South) published by the Department in November 2022.
(6)  In determining the height of a building on land to which this clause applies, solar panels and associated structures must be excluded if the consent authority is satisfied the solar panels and associated structures will not—
(a)  have a significant adverse visual impact, or
(b)  adversely impact the amenity of neighbouring properties.
(7)  Clause 6.21D(3)(a) does not apply to a building on land to which this clause applies.
(8)  In this clause—
residential floor space means the combined gross floor area of the parts of the buildings on land to which this clause applies that are used for the purposes of residential accommodation.
social housing premises has the same meaning as in the Residential Tenancies Act 2010.
cl 7.29: Ins 2020 (776), Sch 2. Rep 2012 (628), cl 7.29(9). Ins 2022 (679), Sch 1[5].
7.30   Waterloo Estate (South)—Area 2
(1)  This clause applies to Waterloo Estate (South)—Area 2.
(2)  Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered the Design Guide—Waterloo Estate (South) published by the Department in November 2022.
(3)  Clause 6.21D(3)(a) does not apply to a building on land to which this clause applies.
cl 7.30: Ins 2022 (679), Sch 1[5].
7.31   Use of certain land at 15 O’Riordan Street, Alexandria
(1)  This clause applies to the following land at 15 O’Riordan Street, Alexandria—
(a)  Lot 1, DP 387290,
(b)  Lot 4, DP 1279736,
(c)  Lot 7, DP 818246,
(d)  Lot 38, DP 817136.
(2)  Development consent must not be granted to development for the purposes of depots unless the consent authority is satisfied that vehicular access to and from the depot will not unreasonably impact pedestrian, cyclist or vehicular traffic movements on O’Riordan Street, Alexandria.
cl 7.31: Ins 2022 (857), Sch 1.7[16].
7.32   Specialised retail premises and vehicle sales or hire premises in Zone E3
(1)  The objective of this clause is to promote the competitive position and economic strength of the City of Sydney’s enterprise areas by limiting large-scale retail development to defined areas.
(2)  This clause applies to land in Zone E3 Productivity Support, other than—
(a)  certain land at O’Riordan Street, Alexandria, between Collins Street and Gardeners Road, shown edged heavy red and marked “(ii)” on the Locality and Site Identification Map, and
(b)  certain land at South Dowling Street, Moore Park, shown edged heavy red and marked “(v)” on the Locality and Site Identification Map.
(3)  Development consent must not be granted to development for the purposes of specialised retail premises or vehicle sales or hire premises with a gross floor area of more than 1,000m2.
cl 7.32: Ins 2022 (857), Sch 1.7[16] (am 2023 (82), Sch 1.6[15]).
7.33   Sustainability requirements for certain large commercial development
(1)  This clause applies to the following development—
(a)  large commercial development, other than to the extent to which the development relates to prescribed serviced apartments,
(b)  the erection of a new prescribed shopping centre,
(c)  alterations, enlargement or extension of an existing prescribed shopping centre, if the development will increase the gross lettable area of shops and food and drink premises in the prescribed shopping centre by at least 50%.
(2)  In deciding whether to grant development consent, the consent authority must consider whether the development—
(a)  is designed to optimise energy efficiency and the use of renewable energy generated on-site, and
(b)  for a development application made on or after 1 January 2026—will also achieve net zero emissions from energy used on-site, including by using renewable energy generated on-site and off-site.
(3)  This clause applies to a development application made on or after 1 October 2023.
(4)  In this clause—
large commercial development has the same meaning as in State Environmental Planning Policy (Sustainable Buildings) 2022.
prescribed serviced apartments has the same meaning as in State Environmental Planning Policy (Sustainable Buildings) 2022.
prescribed shopping centre means a building consisting of at least 2 shops or food and drink premises if—
(a)  the total gross lettable area of shops and food and drink premises is at least 5,000m2, and
(b)  the shops and food and drink premises have shared plant and services.
cl 7.33: Ins 2023 (421), Sch 2.
Schedule 1 Additional permitted uses
(Clause 2.5)
1AA   Use of certain land at Birmingham Street and Botany Road, Alexandria
(1)  This clause applies to land at Birmingham Street, Alexandria and Botany Road, Alexandria and Rosebery (between Gardeners Road and Morley Avenue), as shown edged heavy red and marked “(iv)” on the Locality and Site Identification Map.
(2)  Development for the purposes of shop top housing and seniors housing is permitted with development consent.
1AB   (Repealed)
1   Use of certain land at The Domain, Sydney
(1)  This clause applies to land in Zone RE1 Public Recreation at The Domain, Sydney, being Part Lot 101, DP 854472, as shown edged heavy red and marked “(i)” on the Locality and Site Identification Map.
(2)  Development for any of the following purposes is permitted with development consent—
(a)  car parks,
(b)  food and drink premises,
(c)  information and education facilities,
(d)  passenger transport facilities,
(e)  retail premises.
2   Use of certain land at Millers Point
(1)  This clause applies to land at 83–105 Kent Street, Millers Point, being Lot 101, DP 838849.
(2)  Development for the purposes of tourist and visitor accommodation is permitted with development consent.
3   (Repealed)
4   (Repealed)
4A   (Repealed)
5   Use of certain land at Erskineville
(1)  This clause applies to the following land at Erskineville—
(a)  57 Ashmore Street, being Lot 23, DP 849857,
(b)  165–175 Mitchell Road, being Lot 2, DP 772101.
(2)  Development for the purposes of depots, hardware and building supplies, light industries, timber yards and warehouse or distribution centres is permitted with development consent.
6   Use of certain land at 120 Victoria Street, Potts Point
(1)  This clause applies to land at 120 Victoria Street, Potts Point, being Lot 120, DP 594467.
(2)  Development for the purposes of hotel or motel accommodation is permitted with development consent.
7   Use of certain land at 83–93 Dalmeny Avenue, Rosebery
(1)  This clause applies to land at 83–93 Dalmeny Avenue, Rosebery, being Lot 110, DP 861950, Lots 1–128, SP 53194, Lots 133–286, SP 53997, Lots 287–469, SP 56729, Lots 470–571, SP 58586, Lots 572–689, SP 61596 and Lots 691–797, SP 62388, and known as “Kimberly Estate”.
(2)  Development for the purposes of business premises is permitted with development consent.
8   (Repealed)
9   Use of certain land at 92–98 Brougham Street, Potts Point
(1)  This clause applies to the following land at 92–98 Brougham Street, Potts Point—
(a)  Lot 1, DP 724376,
(b)  Lot 1, DP 904094,
(c)  SP 17354,
(d)  Lot 100, DP 613011.
(2)  Development for the purposes of hotel or motel accommodation is permitted with development consent.
10   Use of certain land at Central Railway Station, Haymarket
(1)  This clause applies to part of Lot 118, DP 1078271, Central Railway Station, 1 Eddy Avenue, Haymarket, as shown edged heavy red and marked “(vi)” on the Locality and Site Identification Map.
(2)  During the prescribed period, development for the purposes of office premises is permitted without development consent if—
(a)  the office premises are located on the first, second and third floors of the existing building on the land, and
(b)  the gross floor area of the part of the building used as office premises is not more than 9,500 square metres.
(3)  In this clause—
prescribed period means the period—
(a)  commencing on the commencement of this clause, and
(b)  ending at the end of 1 July 2025.
(4)  This clause is repealed at the end of 2 July 2025.
11   Use of certain land at 156 Forbes Street, Darlinghurst
(1)  This clause applies to Lot 1, DP 568755, 156 Forbes Street, Darlinghurst.
(2)  Development for one or more of the following purposes is permitted with development consent—
(a)  community facilities,
(b)  entertainment facilities,
(c)  function centres,
(d)  food and drink premises,
(e)  information and education facilities,
(f)  markets,
(g)  office premises,
(h)  recreation areas,
(i)  recreation facilities (indoor),
(j)  recreation facilities (outdoor),
(k)  shops.
(3)  Development consent must not be granted to the development unless the consent authority is satisfied the use of the land will—
(a)  support ongoing education at the National Art School, and
(b)  not adversely impact existing buildings on the land, and
(c)  promote the use of land in the Oxford Street Cultural and Creative Precinct for a cultural or creative purpose.
(4)  In this clause—
cultural or creative purpose has the same meaning as in clause 6.60D.
12   Use of certain land at 104 Erskineville Road, Erskineville
(1)  This clause applies to Lot 1, DP 664780 and Lot 14, DP 663317, 104 Erskineville Road, Erskineville.
(2)  Development for the purposes of entertainment facilities is permitted with development consent.
13   Use of certain land at Alexandria and Rosebery
(1)  This clause applies to certain land at Alexandria and Rosebery identified as “Enterprise Area” on the Locality and Site Identification Map.
(2)  Development for the purposes of truck depots is permitted with development consent.
14   Use of certain land at Darlinghurst
(1)  This clause applies to Lots 27–29, DP 81 and Lot 1, DP 921218, 10 and 12 Nimrod Street, Darlinghurst.
(2)  Development for the purposes of an entertainment facility that is a single theatre is permitted with development consent.
(3)  The maximum height for the building is 11m.
(4)  The maximum floor space ratio for the building is 2:1.
(5)  Development consent must not be granted to the erection of the building unless the consent authority has considered whether the design and use of the building will adversely affect the residential amenity of the surrounding area.
15   Use of land at 301 Forbes Street, Darlinghurst
(1)  This clause applies to Lot 11, DP 1164870, 301 Forbes Street, Darlinghurst.
(2)  Development for the purposes of information and education facilities is permitted with development consent.
sch 1: Am 2014 (120), Sch 1 [2]; 2014 (476), Sch 1; 2015 (294), Sch 1 [26] [27]; 2015 (654), cl 4; 2016 (226), Sch 1 [17]; 2016 (790), cl 5 (2); 2018 (488), Sch 1.2; 2019 (377), Sch 1 [2] [3]; 2021 (340), cl 4; 2021 (395), cl 5; 2022 (743), Sch 1[3]; 2022 (771), Sch 1.1[2]; 2022 (826), Sch 1.4[5]; 2022 (857), Sch 1.7[17] [18]; 2023 (395), cl 4; 2023 (509), Sch 1.
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.
Display of goods on footpath
(1)  Must be associated with a lawfully established business.
(2)  Must be on the part of the footpath that is adjacent to that business.
(3)  Must be authorised under Part 9, Division 3 of the Roads Act 1993.
(4)  Must be authorised under Part 1 or Part 3 of Chapter 7 of the Local Government Act 1993.
(5)  Does not apply to Central Sydney.
Home occupations (sex services)
Must be carried out in a lawful dwelling or in a building ancillary to a lawful dwelling.
Mobile food vending vehicles (food trucks)
(1)  Must be located on a Council-owned road (excluding any classified road within the meaning of the Roads Act 1993) within lawful car parking spaces.
(2)  Must have obtained an approval under section 68 of the Local Government Act 1993.
Repainting of external surfaces of buildings on land within heritage conservation areas
(1)  Must not involve repainting of—
(a)  a heritage item, or
(b)  any of the following surfaces—
(i)  brick,
(ii)  stone,
(iii)  terracotta,
(iv)  tile.
(2)  Must not disturb any existing paint layer unless it has failed by blistering, chalking, flaking or peeling.
(3)  Must be easily removable without disturbing any existing paint layer or damaging the surface.
(4)  Must employ a paint type with a vapour-permeable finish that does not seal in moisture or cause deterioration of the fabric of the surface.
(5)  Must not result in inscriptions, figures, murals, words, word designs or signage on the repainted surface.
Street art
(1)  Must not project more than 30mm from a wall or other surface.
(2)  Must not constitute signage.
Note—
Signage includes advertisements and advertising structures.
(3)  Must not be located on a heritage item or within a heritage conservation area or a special character area.
(4)  Must not contain material that—
(a)  discriminates against or vilifies any person or group, or
(b)  is offensive or sexually explicit.
(5)  In this clause, street art means art that is painted, marked or otherwise affixed to the outside of a building and that is visible from a public place (within the meaning of the Local Government Act 1993).
Note—
Street art may only be carried out subject to requirements to obtain the approval of the owner of the building on which the street art is located or any statutory authorities (such as Transport for NSW). See also Part 2 of the Graffiti Control Act 2008 for graffiti related offences.
Temporary sign or banner
(1)  Must not be displayed for more than 40 days in any calendar year.
(2)  Must be no more than 3m by 4m.
(3)  Must not display offensive material.
(4)  Must not be on, or attached to, an “A” frame structure.
(5)  Must not be located on an awning.
(6)  Must not project from a wall.
(7)  Must be for the purposes of a community event within the meaning of State Environmental Planning Policy (Temporary Structures) 2007.
Temporary use of council land
Note—
If on community land, the use may need to be approved under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
(1)  Must be on land owned by, or under the care or control of, the Council.
(2)  Must not be for more than 52 days (whether or not consecutive) in any 12 month period.
sch 2: Am 2013 (142), cl 4; 2017 (239), Sch 1 [12]; 2017 (751), Sch 1.1; 2019 (377), Sch 1 [4]; 2020 (668), cl 4; 2020 No 30, Sch 4.101.
Schedule 3 Complying development
(Clause 3.2)
Part 1 Types of development
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 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Nil
 
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
1A Newcombe Street, Paddington
Lot 10, DP 606238
Easement for water mains and electricity purposes
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
sch 4: Am 2016 (11), cl 4.
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Locality
Item name
Address
Property description
Significance
Item no
Various
Busby’s Bore including tunnels, shafts and wells
 
Lots 1 and 2, Section 3, DP 4599 (SP 623); Lots D–E, DP 33410; Lot J, DP 33411; Lot 1, DP 51145; Lot 5, DP 59752; Lot 1, DP 59808; Lot 1, DP 70537; Lot 1, DP 75105; Lots 1 and 2, DP 130269; Lot 1, DP 137013; Lot 1, DP 199965; Lot 1, DP 205794; Lot A, DP 377984; Lots A–C, DP 434226; Lots A–C, DP 440596; Lot 1, DP 446553; Lot 1, DP 564681; Lot 1, DP 603938; Lot 1, DP 604127; Lot 1, DP 708719 (SP 22113); Lot 1, DP 742261; Lot 5, DP 745804; Lots 1528 and 1627, DP 752011; Lot 1, DP 789476; Lot 1, DP 797239; Lot 1763, DP 821362; Lot 1, DP 826022; Lot 38, DP 832640 (SP 45205); Lot 2, DP 861843; Lots 101 and 102, DP 883120; Lots B–D and F–H, DP 928904; Lots 51 and 52, DP 1041134; Lot 2, DP 1068011; Lots 143 and 146, DP 1071423; Lot 1, DP 1082647; Lot 1, DP 1111581
State
I1
Alexandria
Terrace house including interior
55 Alexander Street
Lot 10, Section L, DP 975369
Local
I2
Alexandria
Alexandra Canal (between Cooks River and Huntley Street) including interior
Alexandra Canal
Lot 13, DP 1050464
State
I3
Alexandria
Former Walter Barr Pty Ltd factory including interiors
2–6 Birmingham Street
Lots 87–90, DP 19171
Local
I2224
Alexandria
Former Sil-Ora Dental Products factory including interiors
22–30 Birmingham Street
Lots 76–79, DP 19171
Local
I2225
Alexandria
Electricity Substation No 375 including interiors
27 Birmingham Street
Lots 1 and 2, DP 456890
Local
I2226
Alexandria
Former HG Whittle & Sons factory including interiors
29–33 Birmingham Street
Lots 46–49, DP 16027; Lot A, DP 338257
Local
I2227
Alexandria
Cricketers Arms Hotel including interior
56–58 Botany Road
Lot 45, DP 865060 (SP 53973)
Local
I4
Alexandria
Former CBC Bank including interior
60 Botany Road
Lot 1, DP 186677
Local
I5
Alexandria
Glenroy Hotel including interior
246–250 Botany Road
Lot 1, DP 84748
Local
I6
Alexandria
Former Coote & Jorgenson Engineers factory including interiors
602–612 Botany Road (and 27–31 Ralph Street)
Lots A and B, DP 361014
Local
I2228
Alexandria
Former warehouse “Boltons Trading Co” (15–25 Birmingham Street) including interior
662–674 Botany Road
Lot 40, DP 1070009 (SP 73014)
Local
I7
Alexandria
Former White Way service station including interiors
684 Botany Road
Lot 15, DP 16027
Local
I2229
Alexandria
Former industrial building group “James Barnes” Buildings including interiors, chimney and silos
41–45 Bourke Road
Lot 1, DP 135916
Local
I8
Alexandria
Former Q Store including interiors
47–49 Bourke Road
Lot 12, DP 856809
Local
I2230
Alexandria
Former Commonwealth Industrial Gases oxygen factory and demonstration block including interiors
138–196 Bourke Road
Lot 10, DP 1179388
Local
I2231
Alexandria
Industrial building “Eclipse House” including interior
8–22 Bowden Street
Lot 3, DP 107936; Lot 1, DP 664697
Local
I9
Alexandria
House “Eveleigh House” including interior
39 Brandling Street
Lot 3, DP 787010
State
I10
Alexandria
Alexandria Park including entrance gates, landscaping and grounds
Buckland Street
Land in MS 246.2030
Local
I11
Alexandria
Terrace group including interiors
2–34 Campbell Road
Lots 1–17, DP 33263
Local
I12
Alexandria
Terrace group including interiors
30–33 Copeland Street
Lots 2–4, DP 549113; Lot 163, DP 1100538
Local
I13
Alexandria
Electricity Substation No 117 including interiors
16 Euston Road
Lot 1, DP 184514
Local
I2232
Alexandria
Western part of former Alexandria Spinning Mills including interiors
58–68 Euston Road
Lot 1, DP 828392
Local
I2233
Alexandria
Former Mayor’s Residence including interior
71 Garden Street
Lot 111, DP 1016045
Local
I14
Alexandria
Alexandria Town Hall including interior
73 Garden Street
Lot 112, DP 1016045
Local
I15
Alexandria
Lord Raglan Hotel including interior
12 Henderson Road
Lot 11, DP 814831
Local
I16
Alexandria
Former “Shea’s Creek Woolsheds” Nos 72, 73 and 74 including interior
6A Huntley Street
Lot 2, DP 1124178
Local
I17
Alexandria
Water Board pump house including interior and substructure
48 Huntley Street
Lot 1, DP 665626; Lot 2, DP 665627
Local
I18
Alexandria
Cottage including interior
54 Jennings Street
Lot 46, Section C, DP 2307
Local
I19
Alexandria
Industrial building “Frank G Spurway” including interior
20–30 Maddox Street
Lot 1, DP 200259; Lots 1 and 2, DP 1037270 (SP 72540)
Local
I20
Alexandria
Eastern part of former Alexandria Spinning Mills including internal structure
40A–42 Maddox Street
Lot 2, DP 828392; Lot 1, DP 301061
Local
I2234
Alexandria
Former Standard Telephones & Cables industrial building including interiors
1–3 Mandible Street
Lot 1, DP 87355
Local
I2235
Alexandria
Warehouse including interior
32–42 McCauley Street
Lot A, DP 420788; Lots 1 and 2, DP 537726
Local
I21
Alexandria
Former industrial building including interior
111–117 McEvoy Street
Lot 120, DP 1048809 (SP 69357)
Local
I22
Alexandria
Former Electricity Substation No 152 including interiors
124 McEvoy Street
Lot 1, DP 85600
Local
I2236
Alexandria
Former NSW Mission Church and Hall including interiors
7–9 Mitchell Road
Lots 28–30, Section A, DP 2307
Local
I23
Alexandria
Terrace house including interiors
11 Mitchell Road
Lot 27, Section A, DP 2307
Local
I24
Alexandria
Terrace group including interiors
79–89 Mitchell Road
Lots 1–6, DP 439703
Local
I25
Alexandria
Terrace group including interiors
91–95 Mitchell Road
Lots 1–3, DP 717307
Local
I26
Alexandria
Former National Motor Springs igloo building including interiors
52–54 O’Riordan Street
Lot 1, DP 33947
Local
I2237
Alexandria
Electricity Substation No 225 including interiors
82 O’Riordan Street
Lot 1, DP 78596
Local
I2238
Alexandria
Former Bedford Brickworks group including chimneys, kilns and grounds
2 Princes Highway
Lot 1, DP 610642
Local
I27
Alexandria
Former Wilson Bros Willow Ware factory including interiors
38 Ralph Street
Lot 121, DP 1019907
Local
I2239
Alexandria
Yiu Ming Temple including building, interior and front court
16–22 Retreat Street
Lot 1, DP 197155
State
I28
Alexandria
Terrace group (17A–29 Retreat Street) including interiors
16–29 Retreat Street
Lot 1, DP 197155
Local
I29
Alexandria
Former Electric Light Substation No 89 including interiors
212–214 Wyndham Street
Lot 1, DP 585736
Local
I2240
Annandale
Federal Park including landscaping
 
Lots 670 and 671, DP 729294
Local
I30
Annandale
Former commercial building “Melocco Bros” including interior
1 and 1A Booth Street (and 215 Wigram Road)
Lots 101 and 102, DP 1044206 (SP 74200, SP 75241)
Local
I31
Annandale
Sewage Pumping Station No 3 including interiors
1B Booth Street
Lot 3, DP 211161
State (part) and Local (remainder)
I2241
Annandale
Railway viaduct
Chapman Road
Lot 7, DP 1033147; Lot 30, DP 1055559
State
I32
Beaconsfield
Cottage including interiors
21 Queen Street
Lot 1, DP 833178
Local
I36
Beaconsfield
St James Anglican Church including interior
182 Victoria Street
Lot 1, DP 933489
Local
I37
Camperdown
Orphan Creek Public Reserve
 
Lots 1–18 and 20–28, DP 87376; Lot 15, DP 270241
Local
I38
Camperdown
Victoria Park, Gardener’s Lodge and its interior, entry gates and piers, park layout, paths and plantings
 
Lot 1, DP 179964; Lot 552, DP 752049; Lot 7035, DP 1051257; Lot 7046, DP 1051316
Local
I39
Camperdown
Former Alexandra Hospital palm trees
Alexandra Drive
Lot 24, DP 270241
Local
I40
Camperdown
Terrace house
13 Briggs Street
Lot G, DP 206605
Local
I41
Camperdown
Terrace house
15 Briggs Street
Lot H, DP 206605
Local
I42
Camperdown
Terrace group including interiors
17–23 Briggs Street
Lots K–N, DP 206605
Local
I43
Camperdown
Terrace group including interiors
25–35 Briggs Street
Lots A and F, DP 908837; Lots 1–3, DP 574130; Lot 4, DP 112173
Local
I44
Camperdown
Women’s College group, University of Sydney including building interiors and grounds
15 Carillon Avenue
Land in MS 2878.3000; Lot 761, DP 752049
State
I45
Camperdown
St Andrew’s College, University of Sydney including main building and interior, quadrangle and grounds
19 Carillon Avenue
Lot 1, DP 137172
Local
I46
Camperdown
St Andrew’s Greek Orthodox Church including interior
21 Church Street
Lot 10, DP 1029845; Lot 19, DP 1124145
Local
I47
Camperdown
Terrace group “York Terrace” including interiors
32–46 Church Street
Lots 1–6, DP 854861; Lots 1 and 2, DP 512436
Local
I48
Camperdown
Terrace group including interiors
41–43 Church Street
Lot 2, DP 860211; Lot 1, DP 863186
Local
I49
Camperdown
Terrace group including interiors
47–51 Church Street
Lots 1 and 2, DP 204622; Lot A, DP 106070
Local
I50
Camperdown
Former corner shop and residence including interior
70 Church Street
Lot 1, DP 742989
Local
I51
Camperdown
St Paul’s College group, University of Sydney buildings and their interiors, quadrangles, oval and scoreboard, cricket pavilion and grounds
City Road
Lot 1966, DP 1117595
Local
I52
Camperdown
Gatekeeper’s Lodge, University of Sydney including interior
City Road
Lot 1966, DP 1117595
Local
I53
Camperdown
Terrace group including interiors
2–14 Fowler Street
Lot 1, DP 135243; Lot 1, DP 745195; Lot 1, DP 797015; Lot 1, DP 135242; Lot 1, DP 780895; Lot 1, DP 995838; Lot 1, DP 738616
Local
I54
Camperdown
Warehouse including interior
65–67 Fowler Street
Lot 50, DP 1101290 (SP 77532)
Local
I55
Camperdown
Terrace group including interiors and front fences and gates
69–87 Fowler Street
Lots 2–4, DP 975361; Lot 1, DP 136432
Local
I56
Camperdown
Terrace group including shop front alterations and interiors
89–91 Fowler Street
Lot 1, DP 745761
Local
I57
Camperdown
Warehouse including interior
9–11 Layton Street
Lot 1, DP 961767
Local
I58
Camperdown
Former Grace Bros Repository including interiors
6–10 Mallett Street
Lot 3, DP 72951
Local
I2242
Camperdown
Former Bonds Industries complex including building interiors, Electricity Substation No 181, Chesty Bond Mural and former commercial building facade (at 97–99 Church Street) for “Bonds Cafeteria”
64–106 Mallett Street
Lot 1, DP 785957
Local
I2243
Camperdown
Semi-detached house group including interiors and front fences
108–110 Mallett Street
Lots 18 and 19, DP 1009529
Local
I61
Camperdown
Terrace group “Emaville” and “Maryville” including interiors, front fences and gates
112–114 Mallett Street
Lots 1 and 2, Section 3, DP 111867
Local
I62
Camperdown
Terrace group including interiors
116–120 Mallett Street
Lots A–C, DP 88016
Local
I63
Camperdown
Terrace group including interiors
122–124 Mallett Street
Lots A and B, DP 107255
Local
I64
Camperdown
Terrace house including interiors
128 Mallett Street
Lot 17, Section 2, DP 975361
Local
I65
Camperdown
Terrace group including interiors
134–142 Mallett Street
Lots 1–5, DP 249069
Local
I66
Camperdown
Royal Prince Alfred Hospital group including buildings and their interiors, trees and grounds
Missenden Road
Lot 101, DP 819559; Lot 1, DP 860610
State
I68
Camperdown
St John’s College, University of Sydney including main building and interior, quadrangle, gate lodge and interior, fence and gate and grounds
8A Missenden Road
Lot 2, DP 1124852
Local
I67
Camperdown
Shop and residence including interiors
49 and 49A Missenden Road
Lot 1, DP 256
Local
I69
Camperdown
Alfred Hotel including interior
51–55 Missenden Road
Lots 1–4, DP 456915
Local
I70
Camperdown
Anderson Stuart Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I89
Camperdown
Badham Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I82
Camperdown
Baxter’s Lodge, University of Sydney including interior and gates
Parramatta Road
Lot 1, DP 89825
Local
I86
Camperdown
Botany Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I80
Camperdown
Edward Ford Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I88
Camperdown
Former CBC Bank, University of Sydney including interior and front forecourt
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I83
Camperdown
Heydon-Laurence Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I75
Camperdown
Holme Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I77
Camperdown
JD Stewart Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I73
Camperdown
John Woolley Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I81
Camperdown
Macleay Museum Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I79
Camperdown
Main Building and Quadrangle group, University of Sydney including interiors
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I84
Camperdown
Old Geology Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I78
Camperdown
Physics Building, University of Sydney including interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I87
Camperdown
RD Watt Building, University of Sydney
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I74
Camperdown
Refectory Building, University of Sydney including interior, forecourt and loggia
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I76
Camperdown
Science Road Bridge, University of Sydney including roll of honour and interior
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I85
Camperdown
Site landscaping, University of Sydney perimeter fencing and gates
Parramatta Road
Land in MS 5912.300; Land in MS 635.650
Local
I72
Camperdown
Stone retaining wall, fence and steps
Parramatta Road
 
Local
I71
Camperdown
Former Royal Alexandra Hospital for Children boundary landscaping
Pyrmont Bridge Road
Lots 16, 17, 23, 26 and 27, DP 270241 (SP 69440, SP 71747)
Local
I91
Camperdown
Former Royal Alexandra Hospital for Children “Venables House” including interior and courtyard
20 Pyrmont Bridge Road
Lot 16, DP 270241 (SP 69440)
Local
I92
Camperdown
Flats “Alexandra Dwellings” including interiors
27–45 Pyrmont Bridge Road
Lot 39, DP 859594
Local
I93
Camperdown
Former Royal Alexandra Hospital for Children Administration Building including interior
30 Pyrmont Bridge Road
Lot 17, DP 270241
Local
I94
Camperdown
Terrace house including interior
12 Sparkes Street
Lot 1, DP 71880
Local
I95
Camperdown
Terrace house including interior
14 Sparkes Street
Lot B, DP 161469
Local
I96
Centennial Park
Semi-detached house group including interiors
19–25 Cook Road
Lots 3–6, DP 225784
Local
I97
Centennial Park
Semi-detached house (35–37 Cook Road) including interiors and front fence
27–37 Cook Road
Land in DP 105628 (Lot 1, SP 16894); Lot 1, DP 130381
Local
I98
Centennial Park
Semi-detached house group including interiors and front fence
45–47 Cook Road
Lots A and B, DP 439642
Local
I99
Centennial Park
House “Sandringham” including interior, front fence and grounds
70A Cook Road
Lot 1002, DP 1013499
Local
I100
Centennial Park
Semi-detached house group including interiors and front fence and gates
97–103 Cook Road
Lot 1, DP 114066; Lots 1–2, DP 114423; Lot 3, DP 660188
Local
I101
Centennial Park
House “Kimeree”, Baha’i National Assembly including interior and grounds
2 Lang Road
Lot 14, Section 5, DP 4599
Local
I102
Centennial Park
House “Bellevue” including interior and grounds
4 Lang Road
Lot 15, Section 5, DP 4599
Local
I103
Centennial Park
House including interior and grounds
8 Lang Road
Lot 17, Section 5, DP 4599
Local
I104
Centennial Park
House “Maybourne” including interior, front fence and grounds
10 Lang Road
Lot 18, Section 5, DP 4599
Local
I105
Centennial Park
House “Walshome” including interior, front fence and gate and grounds
12 Lang Road
Lot 19, Section 5, DP 4599
Local
I106
Centennial Park
House “Biltmore” including interior, front fence and gates
14 Lang Road
Lot 20, Section 5, DP 4599
Local
I107
Centennial Park
House including interior, front fence and gate and grounds
18 Lang Road
Lot 22, Section 5, DP 4599
Local
I108
Centennial Park
House “Wallaroy” including interior, front fence and grounds
20 Lang Road
Lot 23, Section 5, DP 4599
Local
I109
Centennial Park
House “Coowong” including interior, front fence and gate and grounds
22 Lang Road
Lot 24, Section 5, DP 4599
Local
I110
Centennial Park
House “Lactura” including interior and grounds
24 Lang Road
Lot 25, Section 5, DP 4599
Local
I111
Centennial Park
House “Devoncliffe” including interior, front fence and gate and grounds
26 Lang Road
Lot 2, DP 218584
Local
I112
Centennial Park
House “Fongkah” including interior, front fence and gate and grounds
28 Lang Road
Lot 22, Section 4, DP 4599
Local
I113
Centennial Park
House “Maranoa” including interior, front fence and gate and grounds
30 Lang Road
Lot 23, Section 4, DP 4599
Local
I114
Centennial Park
House “Anglesy” including interior, front fence and gate and grounds
34 Lang Road
Lot 25, Section 4, DP 4599
Local
I115
Centennial Park
House “Leppington” including interior, front fence and gate and grounds
42 Lang Road
Lot 29, Section 4, DP 4599
Local
I116
Centennial Park
House “Forster” including interior, rear back garage and interior, front fence and gate and terrazzo path and grounds
44–46 Lang Road
Lots 30 and 31, Section 4, DP 4599
Local
I117
Centennial Park
House “Cooeytong” including interior, front fence and gate and grounds
50 Lang Road
Lot 2, DP 607041
Local
I118
Centennial Park
House including interior, front fence and gate and grounds
52 Lang Road
Lot 1, DP 607041
Local
I119
Centennial Park
House “Llewellyn” including interior, front fence and gate and grounds
58 Lang Road
Lot 37, Section 4, DP 4599
Local
I120
Centennial Park
House “Lugarno” including interior, front fence and gate and grounds
70 Lang Road
Lot 22, Section 3, DP 4599
Local
I121
Centennial Park
House “Livingstone” including interior and grounds
84 Lang Road
Lot 15, Section 3, DP 4599
Local
I122
Centennial Park
House “Rexford” including interior, former stables and interior, inter-war garage and grounds
88 Lang Road
Lot 13, Section 3, DP 4599
Local
I123
Centennial Park
House including interior, single storey rear outbuilding, front fence and gate and grounds
90 Lang Road
Lot 12, Section 3, DP 4599
Local
I124
Centennial Park
House “Kemah” including interior, front fence and gate and grounds
96 Lang Road
Lot 9, Section 3, DP 4599
Local
I125
Centennial Park
House “Tufton Villa” including interior, front fence and gate with central path to verandah and grounds
100 Lang Road
Lot 7, Section 3, DP 4599
Local
I126
Centennial Park
House “Waitui” including interior, front fence and gate, rear outbuilding and grounds
106 Lang Road
Lot 4, Section 3, DP 4599
Local
I127
Centennial Park
House including interior, front fence and grounds
110 Lang Road
Lot 2, Section 3, DP 4599
Local
I128
Centennial Park
House “Babington” including interior and grounds
2 Martin Road
Lots 17 and 18, Section 2, DP 4598
Local
I129
Centennial Park
House “Murrulla” including interior, front fence and gate and grounds
4 Martin Road
Lots 19 and 20, Section 2, DP 4598
Local
I130
Centennial Park
House “Devon” including interior, front fence and grounds
6 Martin Road
Lot 21, Section 2, DP 4598
Local
I131
Centennial Park
House “Chessetwood” including interior, front fence and gate and grounds
8 Martin Road
Lot 22, Section 2, DP 4598
Local
I132
Centennial Park
House “The Gables” including interior and grounds
10A Martin Road
Lot 24, Section 2, DP 4598
Local
I133
Centennial Park
House “Oakland” including interior and grounds
16 Martin Road
Lot 27, Section 2, DP 4598
Local
I135
Centennial Park
House “Highbury” including interior and grounds
20 Martin Road
Lot 29, Section 2, DP 4598
State
I136
Centennial Park
House “Romahapa” including interior and grounds
22–24 Martin Road
Lots 30 and 31, Section 2, DP 4598
Local
I137
Centennial Park
House “Namsnah” including interior and grounds
26 Martin Road
Lot 32, Section 2, DP 4598
Local
I138
Centennial Park
House “St Austelle” including interior and grounds
28 Martin Road
Lot 33, Section 2, DP 4598
Local
I139
Centennial Park
House “Meroo” including interior, front fence and grounds
30 Martin Road
Lot 34, Section 2, DP 4598
Local
I140
Centennial Park
House “Baltard” including interior and grounds
38 Martin Road
Lot 1, DP 523473
Local
I141
Centennial Park
House “Camelot” including interior, front fence and grounds
40 Martin Road
Lot 12, Section 1, DP 4598
Local
I142
Centennial Park
House “Hillcrest” including interior, front fence and grounds
46 Martin Road
Lot 15, Section 1, DP 4598
Local
I143
Centennial Park
House “Warwick” including interior, front fence and latch gate and grounds
48 Martin Road
Lot 16, Section 1, DP 4598
Local
I144
Centennial Park
House “The Crossways” including interior, front fence and grounds
50 Martin Road
Lot 12, DP 777738
Local
I145
Centennial Park
House “Elouera” including interior, front fence and grounds
56 Martin Road
Lot 2, DP 17271
Local
I146
Centennial Park
House “Dorothy Manor” including interior, front fence and grounds
5 Robertson Road
Lot 15, Section 2, DP 4598
Local
I147
Centennial Park
House “Parthenon” including interior and grounds
7 Robertson Road
Lot 14, Section 2, DP 4598
Local
I148
Centennial Park
House “Kismet” including interior, front fence and grounds
9 Robertson Road
Lot 13, Section 2, DP 4598
Local
I149
Centennial Park
House “Windsor” including interior, front fence and grounds
19 Robertson Road
Lot 8, Section 2, DP 4598
Local
I150
Centennial Park
House “Haurolo” including interior and grounds
37 Robertson Road
Lot 8, Section 1, DP 4598
Local
I151
Centennial Park
House “The Bungalow” including interior, front fence and grounds
39 Robertson Road
Lot 7, Section 1, DP 4598
Local
I152
Centennial Park
House “New Court” including interior, front fence and grounds
41 Robertson Road
Lot 6, Section 1, DP 4598
Local
I153
Centennial Park
House including interior, front fence and gate and grounds
43 Robertson Road
Lot 5, Section 1, DP 4598
Local
I154
Centennial Park
House including interior and grounds
45–47 Robertson Road
Lots 6 and 7, DP 17271
Local
I155
Centennial Park
House “Dorchester” including interior, front fence and gate and grounds
49–51 Robertson Road
Lots 4 and 5, DP 17271
Local
I156
Chippendale
Corner shop and terrace group “Centennial Terrace” including interiors
63–67 Abercrombie Street
Lot 1, DP 745310; Lot 100, DP 616551; Lot 1, DP 794639
Local
I157
Chippendale
Retail and residential terrace group including interiors
66–70 Abercrombie Street
Lot 1, DP 920048
Local
I158
Chippendale
Warehouse “Macintosh Tyres & Co” including interior
72–80 Abercrombie Street
Lot 1, DP 740344
Local
I159
Chippendale
Warehouse “JC Goodwin & Co”
79–83 Abercrombie Street
Lot 16, DP 740281
Local
I160
Chippendale
Shannon Hotel (87–89 Abercrombie Street) including interior
87–91 Abercrombie Street
Lot 1, DP 34184; Lot 1, DP 105603; Lot 1, DP 561873 (SP 58556)
Local
I161
Chippendale
Terrace group “Dangar Terrace” including interiors
117–131 Abercrombie Street
Lots 1–8, DP 108427
Local
I162
Chippendale
Residential flat and retail building group “Strickland Building” including interiors
54–62 Balfour Street
Lot 100, DP 857658
Local
I163
Chippendale
Sutherlands Hotel including interior
2–6 Broadway
Lot 1, DP 189855
Local
I164
Chippendale
St Benedict’s Church group including church, convent, hall, presbytery and interiors of each, grounds and fences
104–110 Broadway
Lots 7–9 and 17, Section 3, DP 466; Lots 1 and 2, Section 5, DP 466; Lot 1, DP 456453; Lots 1 and 2, DP 782481; Lot 1, DP 171705; Lot 1, DP 190200; Lot 1, DP 190532; Lot 1, DP 190750
Local
I165
Chippendale
Former Bank, retail and warehouse building “Pioneer House” including interiors
128 Broadway
Lot 1, DP 184686
Local
I166
Chippendale
Former Hotel Broadway including interior
166–170 Broadway
Lot 1, DP 186904
Local
I167
Chippendale
Former Commonwealth Bank including interior
174–178 Broadway
Lot 1, DP 184915
Local
I168
Chippendale
Former English, Scottish and Australian Bank including interior
202–206 Broadway
Lot 1, DP 184375
Local
I169
Chippendale
Former Blackfriars Public School and Headmaster Residence including interiors, fence, grounds and archaeology
4–12 Buckland Street
Lot 1, DP 122324; Lot 1, DP 724081; Lot 9, Section 5, DP 466; Lot 1, Section 4, DP 466
Local
I170
Chippendale
Former warehouse “WA Davidson Clothing Manufacturers” including interior
14–16 Buckland Street
Lots 31–35, Section 2, DP 466
Local
I171
Chippendale
Lansdowne Hotel including interior
2–6 City Road
Lot 1, DP 195311; Lot 1, DP 54735
Local
I172
Chippendale
Remnant wall “Coopers Cottages”
20 City Road
Lot C, DP 108387
Local
I173
Chippendale
Former warehouse “Grace Bros” including interior
22–24 City Road
Lot F, DP 108387; Lot A, DP 161228
Local
I174
Chippendale
Former Imperial Hotel including interior
58 City Road
Lot 1, DP 71314
Local
I175
Chippendale
Terrace group including interiors, front gardens and fences
88–90 City Road
Lot 1, DP 196641; Lot 19, DP 556071
Local
I176
Chippendale
Terrace including interior and front fence
92 City Road
Lot 1, DP 91815
Local
I177
Chippendale
Rose Hotel including interior and courtyard
52–54 Cleveland Street
Lot 1, DP 79380; Lot 1, DP 65614
Local
I178
Chippendale
Terrace group “Coopers Terrace” including interiors
6–10 Elim Place
Lots 1–3, DP 564775
Local
I179
Chippendale
Railway Square road overbridge
George Street
Lot 2, DP 819366
State
I180
Chippendale
Former warehouse “Canada House” including interior
822 George Street
Lot 2, DP 66316
Local
I181
Chippendale
Former Bank of NSW including interior
824–826 George Street
Lot 1, DP 66316
Local
I182
Chippendale
Cottage including interior
1 Knox Street
Lot 3, DP 60317
Local
I183
Chippendale
Terrace group including interiors and side passage
20–22 Levey Street
Lots A and B, DP 442292
Local
I184
Chippendale
Former hotel and terrace group including interiors
24–32A Levey Street
Lots 4–9, DP 442676
Local
I185
Chippendale
Terrace group including interiors
29–43 Levey Street
Lots 1–8, DP 218757
Local
I186
Chippendale
Former Sydney City Mission Hall including interior
3 Little Queen Street
Lot 5, DP 64469
Local
I187
Chippendale
Warehouse “E G Bishops Pty Ltd” including interior
35–45 Myrtle Street
Lot 1, DP 227125; Lot 12, DP 456872; Lot 13, DP 193234
Local
I188
Chippendale
Corner shop and residence including interiors
42 Myrtle Street
Lot 5, DP 221599
Local
I189
Chippendale
Victoria Park Hotel including interior
47 Myrtle Street
Lot 1, DP 538969
Local
I190
Chippendale
Terrace group including interiors
23–25 Queen Street
Lots 7 and 8, DP 63744
Local
I191
Chippendale
Terrace group including interior (99–105 Regent Street)
27 Queen Street
Lot 1, DP 1102805
Local
I192
Chippendale
Former “John Storey Memorial Dispensary” including interior
36 Regent Street
Lot 1, DP 89847
Local
I193
Chippendale
Former Mortuary Railway Station including interior, grounds, fence and railway platforms
50 Regent Street
Lot 1, DP 523736; Lot 118, DP 1078271
State
I194*
Chippendale
Former Co-Masonic Temple including interior
54 Regent Street
Lot 101, DP 1033339
Local
I195
Chippendale
Terrace group (83–85 Regent Street) including interiors
77–85 Regent Street
Lot 1, DP 58670
Local
I196
Chippendale
Former Crown Hotel including interior
111–113 Regent Street
Lot 1, DP 71326
Local
I197
Chippendale
Cottage including interior
137–139 Regent Street
Lot 1, DP 742484
Local
I198
Chippendale
Former Mercantile Bank Chambers including interior
151 Regent Street
Lot 1, DP 1118645
Local
I199
Chippendale
Terrace group “Rose Terrace” including interiors
1–5 Rose Street
Lots 9–11, Section 10, DP 466
Local
I200
Chippendale
Terrace group including interiors
10–20 Rose Street
Lots 1–6, DP 928975
Local
I201
Chippendale
Terrace house including interior
22 Rose Street
Lot 101, DP 1066910
Local
I202
Chippendale
Duck & Swan Hotel including interior
72–74 Rose Street
Lot 2, DP 217201
Local
I203
Chippendale
Terrace group “Clive Terrace” including interiors
18–48 Shepherd Street
Lots 1–16, DP 223006
Local
I204
Chippendale
Terrace house (21A Shepherd Street) including interior
21–21A Shepherd Street
Lot A, DP 440613
Local
I205
Chippendale
Terrace group including interiors
23–25 Shepherd Street
Lots 6 and 7, Section 10, DP 466
Local
I206
Chippendale
Terrace house including interior
27 Shepherd Street
Lot 5, Section 10, DP 466
Local
I207
Chippendale
Terrace group including interiors
1–5 Smithers Street
Lots 1–3, DP 442676
Local
I208
Chippendale
Terrace group including interiors
2–12 Smithers Street
Lots 11–14, DP 556789; Lots 1 and 2, DP 445303
Local
I209
Chippendale
Terrace group including interiors
13–17 Wellington Street
Lots 3–5, DP 438154
Local
I210
Darlinghurst
Terrace group part of “Barcom Mews” including interiors, front fences and gates
1–3 Barcom Avenue
Lots 16 and 17, DP 233299
Local
I211
Darlinghurst
Terrace group including interiors and front fence
5–9 Barcom Avenue
Lots 18–20, DP 233299
Local
I212
Darlinghurst
Terrace group part of “Barcom Mews” including interiors
11–15 Barcom Avenue
Lots 21–23, DP 233299
Local
I213
Darlinghurst
Terrace group including interiors
23–47B Barcom Avenue
Lot 1, DP 204420 (SP 13176); Lot 32, DP 31878 (SP 38559)
Local
I214
Darlinghurst
Terrace group including interiors
21–25 Berwick Lane
Lot 1, DP 536550; Lots A and B, DP 107267
Local
I215
Darlinghurst
Terrace group including interiors
27–33 Berwick Lane
Lots 1–4, DP 33836
Local
I216
Darlinghurst
Warehouse including interior
15–19 Boundary Street
Lot 2, DP 228412 (SP 61717, SP 63776, SP 64512)
Local
I217
Darlinghurst
Terrace group “Te-Roma Penda House” and “Waratah House” including interiors
164–164C Bourke Street
Lot 1, DP 168490; Lot 1, DP 168491; Lot 1, DP 104999
Local
I218
Darlinghurst
Terrace group including interiors
176–188 Bourke Street
Lots 1–7, DP 253598
Local
I219
Darlinghurst
Flat building “Aston Hall” including interior
185 Bourke Street
Lot 1, DP 52850
Local
I220
Darlinghurst
Terrace group “William Terrace” including interiors
219–229 Bourke Street
Lots A–F, DP 447357
Local
I221
Darlinghurst
Terrace group (238–246 Palmer Street) including interiors
281–283 Bourke Street
Lot 1, DP 1013007 (Lots 1–5 and 19–23, SP 63792)
Local
I222
Darlinghurst
Commercial Building “Kinselas House” including former chapel and interior
383–387 Bourke Street
Lots 1 and 2, DP 193949
Local
I223
Darlinghurst
Former Burton Family Hotel including interior
20 Burton Street
Lot 1, DP 711964
Local
I224
Darlinghurst
Terrace house including interior
22 Burton Street
Lot 102, DP 1077350
Local
I225
Darlinghurst
Terrace house including front fence and interior
24 Burton Street
Lot 1, DP 68937
Local
I226
Darlinghurst
Terrace group including interiors
26–28 Burton Street
Lots 1 and 2, DP 552849
Local
I227
Darlinghurst
Cottage including interior
32 Burton Street
Lot 1, DP 779697
Local
I228
Darlinghurst
Burton Street Tabernacle including interior
39 Burton Street
Lots 1–3, DP 986840; Lot 1, DP 1045646
Local
I229
Darlinghurst
Terrace group including interiors
76–88 Burton Street
Lot 4, DP 606509; Lots 2–7, DP 228259
Local
I230
Darlinghurst
Terrace group including interiors and front fence (at 106–108 Burton Street) and semi-detached cottage group including interiors (at 110–112 Burton Street)
106–112 Burton Street
Lot 1, DP 947398; Lot 1, DP 900305; Lot 1, DP 936952; Lot 1, DP 936953
Local
I231
Darlinghurst
Flat building “Hillcrest Flats” including interior
114 Burton Street
Lot A, DP 90907
Local
I232
Darlinghurst
Beare’s Stairs
Caldwell Street
 
Local
I233
Darlinghurst
Terrace group including interiors
20–22 Caldwell Street
Lots 1 and 2, DP 507494
Local
I234
Darlinghurst
Terrace group including interior
24–26 Caldwell Street
Lots 3 and 4, DP 507494
Local
I235
Darlinghurst
Flat building “Camden Flats” including interior
188–194 Campbell Street
Lot 15, DP 60373 (SP 15947)
Local
I236
Darlinghurst
Christian Israelite Sanctuary including interior
196 Campbell Street
Lot 1, DP 868897
Local
I237
Darlinghurst
Terrace group including interiors
3–9 Chapel Street
Lot 1, DP 713463; Lot 7, DP 718275; Lot 1, DP 783779; Lot 1, DP 599438
Local
I238
Darlinghurst
Terrace house including interior
18 Chapel Street
Lot B, DP 913635
Local
I239
Darlinghurst
Terrace house including interior
20 Chapel Street
Lot C, DP 913635
Local
I240
Darlinghurst
Terrace group including interiors
5–17 Charlotte Lane
Lots 3 and 4, DP 539697; Lot 1, DP 598920; Lots 2 and 3, DP 447166; Lots 1 and 2, DP 1057262
Local
I241
Darlinghurst
Weatherboard cottage
46 Chisholm Street
Lot 71, DP 602585
Local
I2292
Darlinghurst
Flat building “Granston Hall” including interior
2 Clapton Place
Lot 1, DP 176082 (SP 17549)
Local
I242
Darlinghurst
Flat building group “The Victor” and “The Rex” including interior
4 Clapton Place
Lot 2, DP 176082 (SP 22765)
Local
I243
Darlinghurst
Flat building “Beauradia” including interior
8 Clapton Place
Lot 3, DP 176082 (SP 46678)
Local
I244
Darlinghurst
Flat building “Sorrento” including interior
10 Clapton Place
Lot 1, DP 533264 (SP 3755)
Local
I245
Darlinghurst
Australian Museum including interior
6 College Street
Crown land 143–858, 143A–858 and 145–858
State
I246*
Darlinghurst
Sydney Boys Grammar School including buildings and their interiors, fence to College Street and Frances Street and grounds
10–12 College Street
Lot 1, DP 549658; Lot 12, DP 588102; Lot 1, DP 168643; Lots 2 and 3, DP 191898
Local
I247*
Darlinghurst
Terrace house including interior and front fence
128 Crown Street
Lot 6, DP 208617
Local
I248
Darlinghurst
Terrace group including interiors and front fences
130–132 Crown Street
Lots 4 and 5, DP 208617
Local
I249
Darlinghurst
Terrace group including interiors and front fences
134–136A Crown Street
Lots 1–3, DP 208617
Local
I250
Darlinghurst
Terrace group including interiors and front fences
155–157 Crown Street
Lot 1, DP 797711; Lot 1, DP 71248
Local
I251
Darlinghurst
Terrace house including interior
159 Crown Street
Lot 1, DP 784972
Local
I252
Darlinghurst
Terrace house (161 Crown Street) including interior
161–163 Crown Street
Lot 1, DP 88187
Local
I253
Darlinghurst
Terrace house (163 Crown Street) including interior
161–163 Crown Street
Lot 1, DP 88187
Local
I254
Darlinghurst
Terrace group including interiors
165–169 Crown Street
Lot 1, DP 57098; Lots 1 and 2, DP 964190
Local
I255
Darlinghurst
Terrace group including interiors
171–175 Crown Street
Lots 1–3, DP 226159
Local
I256
Darlinghurst
Terrace group “Sir Hercules Robinson Terrace” including interiors
177–191 Crown Street
Lots 1–8, DP 234092
Local
I257
Darlinghurst
Terrace group including interiors
213–225 Crown Street
Lot 1, DP 193942; Lot 1, DP 537639; Lots 1–5, DP 32753
Local
I258
Darlinghurst
Terrace group including interiors
216–218 Crown Street
Lot 1, DP 63020 (SP 16866); Lot B, DP 441934
Local
I259
Darlinghurst
Terrace group (220–224 Crown Street) including interiors
220–228 Crown Street
Lot 1, DP 555689; Lot 1, DP 86337 (Lots 3–5, SP 13069)
Local
I260
Darlinghurst
Terrace group (226–228 Crown Street) including interiors
220–228 Crown Street
Lot 1, DP 555689; Lot 1, DP 86337 (Lots 1 and 2, SP 13069)
Local
I261
Darlinghurst
Terrace group (1–11 Langley Street) including interiors
220–228 Crown Street
Lot 1, DP 555689; Lot 1, DP 86337 (Lots 6–11, SP 13069)
Local
I262
Darlinghurst
Terrace group including interiors
230–232 Crown Street
Lot 1, DP 776560
Local
I263
Darlinghurst
Terrace house including interiors
236 Crown Street
Lot 1, DP 612849
Local
I264
Darlinghurst
Terrace house including interior
238 Crown Street
Lot 1, DP 70493
Local
I265
Darlinghurst
Terrace group including interiors
240–242 Crown Street
Lot 1, DP 79909; Lot 1, DP 59185
Local
I266
Darlinghurst
Terrace group including interiors
284–288 Crown Street
Lot 1, DP 996785; Lot 1, DP 594693; Lot 1, DP 713488
Local
I267
Darlinghurst
Cottage including interior
1 Darley Place
Lot A, DP 443865
Local
I268
Darlinghurst
Semi-detached house group including interiors
2–3 Darley Place
Lot 2, DP 775724
Local
I269
Darlinghurst
Semi-detached house including interior
4 Darley Place
Lot 1, DP 775724
Local
I270
Darlinghurst
Cottage “Ashley Cottage” including interior
5 Darley Place
Lot 1, DP 71424
Local
I271
Darlinghurst
House “Stoneleigh” including interior, front fence and grounds
1A Darley Street
Lot 13, DP 611068
State
I272
Darlinghurst
House “Iona” including interior, fence and grounds
2 Darley Street
Lot 92, DP 1015067
State
I273
Darlinghurst
Flat building “Portree” including interior
2A Darley Street
Lot 2, DP 333687 (SP 14930)
Local
I274
Darlinghurst
Flat building “Ballina Flats” including interior
5 Darley Street
Lots A and B, DP 335778 (SP 7396)
Local
I275
Darlinghurst
Terrace house including interior
9 Darley Street
Lot 1, DP 59925
Local
I276
Darlinghurst
Terrace group including interiors
11–15 Darley Street
Lot 1, DP 444764; Lots A and B, DP 34052
Local
I277
Darlinghurst
Darlinghurst Fire Station including interior
100–102 Darlinghurst Road
Lot 1, DP 547455
Local
I278
Darlinghurst
St John’s Church of England Church group including church and interior, rectory and interior, fences and grounds
120 Darlinghurst Road
Lot 2, DP 225418
State
I279
Darlinghurst
NSW Jewish War Memorial and Museum including buildings and interiors, and Menorah in situ concrete sculpture
140–146 Darlinghurst Road
Lot 1, DP 219090
Local
I280
Darlinghurst
Semi-detached house group “The Hopes” and “The Statler” including interiors
251–261 Darlinghurst Road
Lot 1, DP 564255 (SP 18015); Lots 4–6, DP 394 (SP 18016)
Local
I281
Darlinghurst
Terrace house including interior
263 Darlinghurst Road
Lot 7, DP 188908
Local
I282
Darlinghurst
Terrace house “Kenworth” including interior
267 Darlinghurst Road
Lot 8, DP 394
Local
I283
Darlinghurst
Terrace group including interiors
269–271 Darlinghurst Road
Lot 1, DP 55049; Lot 1, DP 53948; Lot B, DP 445305
Local
I284
Darlinghurst
Terrace group including interiors
273–275 Darlinghurst Road
Lot A, DP 445305; Lot 1, DP 779144
Local
I285
Darlinghurst
Flat building “Tennyson House” including interior
1 Farrell Avenue
Lot A, DP 105882 (SP 16111)
Local
I286
Darlinghurst
Flat building group “Richmond Hall”, “Rosebank Hall” and “Montrose” including interiors
2–12 Farrell Avenue
Lots 5–7, DP 9403 (SP 14919, SP 14917, SP 14918); Lot 1, DP 962118
Local
I287
Darlinghurst
Flat building “Linden” including interior
3 Farrell Avenue
Lot 3, DP 9403 (SP 9563)
Local
I288
Darlinghurst
Flat building “Martin Hall” including interior
3A Farrell Avenue
Lot B, DP 180396 (SP 457)
Local
I289
Darlinghurst
Former Wesleyan School including interior
58A Flinders Street
Lot 1456, DP 593633 (SP 61399)
Local
I290
Darlinghurst
Terrace group including interiors and front fence
82–84 Flinders Street
Lots 1 and 2, DP 872483
Local
I291
Darlinghurst
House including interior
86 Flinders Street
Lot 1, DP 72610
Local
I292
Darlinghurst
Terrace group including interiors and front fences
88–98 Flinders Street
Lots 1–6, DP 13353
Local
I293
Darlinghurst
Terrace group including interiors and front fences
100–102 Flinders Street
Lots 7 and 8, DP 13353
Local
I294
Darlinghurst
Terrace group including interiors and front fences and paths
106–114 Flinders Street
Lots A–E, DP 173244
Local
I295
Darlinghurst
Terrace group including interiors
116–120 Flinders Street
Lot 1, DP 86987; Lot 1, DP 196761; Lot 1, DP 135319
Local
I296
Darlinghurst
Palace Hotel including interior
122–124 Flinders Street
Lot 1, DP 88544
Local
I297
Darlinghurst
Chard Stairs
Forbes Street
 
Local
I298
Darlinghurst
Former East Sydney Technical College and Darlinghurst Gaol including buildings and their interiors, perimeter walls and gates and grounds
156 Forbes Street
Lot 1, DP 568755
Local
I299
Darlinghurst
Former St Peter’s Church of England group including former church, church hall and small store and their interiors, fencing and front entry garden
159–163 Forbes Street
Lot 1, DP 557311
State
I300
Darlinghurst
Sydney Church of England Girls Grammar School group including Barham, Church Building and Wilkinson House and their interiors and grounds
165–215 Forbes Street
Lot 18, DP 131188; Lots A, B and 3, DP 87906; Lot 1, DP 52892; Lot 1, DP 65883; Lot 8, DP 253598; Lots 9–11, DP 52048; Lots 17 and 18, DP 53158; Lot 24, DP 19237; Lot A, DP 437551; Lot 1, DP 135634
Local
I301
Darlinghurst
Former St Peter’s Rectory including interior
188 Forbes Street
Lot 1, DP 135635
Local
I302
Darlinghurst
Terrace house “Nelson House” including interior
217 Forbes Street
Lot 1, DP 586075
Local
I303
Darlinghurst
Terrace house including interior
219 Forbes Street
Lot 2, DP 586075
Local
I304
Darlinghurst
Terrace group including interiors
221–227 Forbes Street
Lot 221, DP 1109440; Lots 1 and 2, DP 75666; Lot 1, DP 63784
Local
I305
Darlinghurst
Terrace house including interior
229 Forbes Street
Lot 3, DP 586075
Local
I306
Darlinghurst
Terrace group including interiors
231–233 Forbes Street
Lot 1, DP 781132; Lot 1, DP 745254
Local
I307
Darlinghurst
Terrace house including interior
235 Forbes Street
Lot 1, DP 996940
Local
I308
Darlinghurst
Terrace group including interiors
237–239 Forbes Street
Lot 1, DP 745514; Lot 1, DP 744534
Local
I309
Darlinghurst
Terrace group “Belgrave Terrace” including interiors
238–252 Forbes Street
Lots 21–27, DP 777608
Local
I310
Darlinghurst
Terrace group including interiors