Part 1 Preliminary
1.1 Name of Plan
This Plan is Willoughby Local Environmental Plan 2012.
1.1AA Commencement
This Plan commences on 31 January 2013 and is required to be published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Willoughby 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) for planning framework—(i) to establish a broad planning framework for Willoughby, and(ii) to enable the achievement of the goals and outcomes of the community strategic plan titled Our Future Willoughby 2032, published by the Council in June 2022, through planning controls,(b) for sustainability—(i) to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Willoughby, and(ii) to promote an appropriate balance between development and management of the environment, that will be ecologically sustainable, resilient, socially equitable and economically viable, and(iii) to better manage the risks associated with climate change through mitigation and adaptation, and(iv) to reduce resource consumption through the planning and control of land use and development, and(v) to reduce potential energy and water consumption and waste materials during the construction, occupation, utilisation and lifecycle of buildings, and(vi) to manage and, where possible, minimise urban heat impacts on people and the environment, indoors and outdoors, through innovative, effective and sustainable urban design and use of green infrastructure,(c) for environmental protection—(i) to identify, protect and enhance environmentally sensitive areas such as native vegetation and fauna, foreshore areas, open space and areas of high scenic landscape value, and(ii) to allow development at a scale that is sensitive to environmental constraints, and(iii) to control and manage any adverse environmental impacts of development, and(iv) to prevent loss of life and property and to minimise impacts on people, property and the environment from bush fires and natural disasters by—(A) discouraging incompatible land uses in vulnerable areas, and(B) incorporating, as part of compatible land uses, protective measures including appropriate construction techniques and materials, and(C) avoiding unacceptable environmental degradation, and(D) incorporating adequate measures to enable the safe evacuation of people from areas impacted by bush fires and natural disasters and ensure access to the areas by emergency services, and(v) to reduce carbon emissions from buildings, transport, commerce and other activities,(d) for urban design—(i) to ensure development embraces the principles of quality urban design and encourages innovative, high quality architectural design to deliver durable, resilient and environmentally sustainable long-term outcomes, and(ia) to establish, maintain and enhance green corridors and open spaces in accordance with the Sydney green grid principles set out in the Sydney Green Grid published by the Department in March 2017, and(ii) to promote development that is designed and constructed—(A) to enhance or integrate into the natural landform and the existing character of distinctive locations, neighbourhoods and streetscapes, and(B) to contribute to the desired future character of the locality concerned, and(iii) to ensure development design contributes positively to, and facilitates improvements to, the public domain, and(iv) to preserve, enhance or reinforce specific areas of high visual quality, ridgelines and landmark locations, including significant gateways, views and vistas, and(v) to ensure that development design takes into consideration crime prevention principles,(e) for amenity, wellbeing, health and safety—(i) to maintain and enhance the existing amenity, wellbeing, health and safety of the local community, and(ii) to reduce adverse impacts from development on adjoining or nearby residential properties, and(iii) to provide for social, cultural, recreational and community activities to meet the needs of residents, workers and visitors in Willoughby,(f) for housing—(i) to provide opportunities for a range of housing choice in Willoughby to cater for changing population needs in accessible locations, and(ii) to facilitate the provision of adaptable and affordable housing, and(iii) to support housing that maximises thermal comfort and minimises the impact of urban heat,(g) for economic sustainability—(i) to provide opportunities for a range of employment opportunities in Willoughby, and(ii) to strengthen the viability and role of the city centres of Willoughby as places for commercial and cultural activities and services, and(iii) to retain and manage industrial land,(h) (Repealed)(i) for heritage—to conserve items of environmental and cultural heritage and to retain the character of heritage conservation areas,(j) for access—(i) to provide for local and regional transport needs and promote and increase the use of active transport through walking, cycling and the use of public transport, and(ii) to provide appropriate levels of car parking in connection with the location of development and managing the demand for ancillary car parking, where there is good access to public transport nodes and services, and(iii) to provide integrated development design of pedestrian and vehicular access, parking, loading and delivery facilities.cl 1.2: Am 2017 (327), Sch 1 [1]; 2023 (373), Sch 1[1]–[10].
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—(a) approved by the local plan-making authority when the map is adopted, and(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.(1AA) (Repealed)(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.Note—The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.Note—The following local environmental plans are repealed under this provision—(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings 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 not commenced.(2) An amendment made to this plan by Willoughby Local Environmental Plan 2012 (Amendment No 34) does not apply to a development application made, but not finally determined, before the commencement of that plan.Note—However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (373), Sch 1[11] [12]; 2023 (609), Sch 1.1[1].
1.8B Repeal of SEPP applying to land
Sydney Regional Environmental Plan No 5—(Chatswood Town Centre) is repealed.
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) (Repealed)cl 1.9: Am 2021 (714), Sch 10.22; 2023 (664), Sch 3.21[1].
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply—(a) to a covenant imposed by the Council or that the Council requires to be imposed, or(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—Residential ZonesR2 Low Density ResidentialR3 Medium Density ResidentialR4 High Density ResidentialEmployment ZonesE1 Local CentreE2 Commercial CentreE3 Productivity SupportE4 General IndustrialMixed Use ZonesMU1 Mixed UseSpecial Purpose ZonesSP1 Special ActivitiesSP2 InfrastructureRecreation ZonesRE1 Public RecreationRE2 Private RecreationConservation ZonesC1 National Parks and Nature ReservesC2 Environmental ConservationC4 Environmental Livingcl 2.1: Am 2023 (373), Sch 1[13].
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—1Schedule 1 sets out for particular land.2Schedule 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.3Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).4Clause 2.6 requires consent for subdivision of land.5Part 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, orin accordance with the conditions (if any) specified in that Schedule in relation to that development.(b) if the Schedule so provides—without development consent,(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—1If 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.2Part 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
Note 2—
Under the Standard Instrument (Local Environmental Plans) Order 2006, Schedule 1, clause 6(1), this Plan is, until 26 April 2025, taken to apply as if the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Schedule 3[1]–[4] had not commenced on 26 April 2023. As a result, until 26 April 2025, the Land Use Table is taken to include business and industrial zones that were in the Land Use Table immediately before 26 April 2023.
Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2019 (621), Sch 3; 2022 (727), Sch 4.8; 2023 (373), Sch 1[14]–[16]; 2023 No 52, Sch 2.6.
Zone R2 Low Density Residential
1 Objectives of zone• To provide for the housing needs of the community within a low density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To accommodate development that is compatible with the scale and character of the surrounding residential development.• To retain and enhance residential amenity, including views, solar access, aural and visual privacy, and landscape quality.• To retain the heritage values of particular localities and places and to ensure heritage items and conservation areas are not damaged, demolished or otherwise adversely impacted by new development.• To encourage self sufficiency with respect to energy and food supply.2 Permitted without consentHome occupations3 Permitted with consentBed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Tank-based aquaculture4 ProhibitedAny development not specified in item 2 or 3
Zone R3 Medium Density Residential
1 Objectives of zone• To provide for the housing needs of the community within a medium density residential environment.• To provide a variety of housing types within a medium density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To accommodate development that is compatible with the scale and character of the surrounding residential development.• To allow for increased residential density in accessible locations, while minimising the potential for adverse impacts of such increased density on the efficiency and safety of the road network.• To encourage innovative design in providing a comfortable and sustainable living environment that also has regard to solar access, privacy, noise, views, vehicular access, parking and landscaping.2 Permitted without consentNil3 Permitted with consentAttached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Home businesses; Home occupations; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture4 ProhibitedAny other development not specified in item 2 or 3
Zone R4 High Density Residential
1 Objectives of zone• To provide for the housing needs of the community within a high density residential environment.• To provide a variety of housing types within a high density residential environment.• To enable other land uses that provide facilities or services to meet the day to day needs of residents.• To allow for increased residential density in accessible locations, while minimising the potential for adverse impacts of such increased density on the efficiency and safety of the road network.• To encourage innovative design in providing a comfortable and sustainable living environment that also has regard to solar access, privacy, noise, views, vehicular access, parking and landscaping.2 Permitted without consentNil3 Permitted with consentBoarding houses; Centre-based child care facilities; Community facilities; Home businesses; Home occupations; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Shop top housing4 ProhibitedAny other 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 provide for services and employment within walking distance of residences.• To generally conserve and enhance the unique sense of place of local centres by ensuring new development—(a) displays architectural and urban design quality, and(b) integrates with the desired character and cultural heritage of local centres.2 Permitted without consentNil3 Permitted with consentAmusement centres; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; 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 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
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 encourage employment opportunities to strengthen the Eastern Economic Corridor.• To maximise public transport patronage and encourage walking and cycling, including by protecting and encouraging safe and accessible pedestrian routes.• To support the role of St Leonards as a health and education centre.• To strengthen the role of Chatswood as a strategic centre for the North District.• To improve the public domain and pedestrian links in Chatswood.• To enhance the visual appearance of the area by ensuring new development achieves high architectural, urban design and landscape standards.2 Permitted without consentNil3 Permitted with consentAmusement centres; Artisan food and drink industries; Backpackers’ accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; 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; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries, Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; 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 accommodate businesses and other uses of land if the access requirements of, and the traffic generated by, the uses do not interfere with the safety and efficiency of the road network.2 Permitted without consentNil3 Permitted with consentAnimal boarding or training establishments; Boat building and repair facilities; Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Home industries; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; 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; Restaurants or cafes; Rural supplies; Service stations; 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 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Marinas; Mooring pens; Open cut mining; Port facilities; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sewage treatment plants; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities
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 identify and preserve industrial land to meet the current and future general industrial needs of Willoughby and the wider region.• To accommodate industrial development that provides employment and a range of goods and services without adversely affecting the amenity, health or safety of residents in adjacent areas.• To protect the viability of employment zones in Willoughby by permitting offices that are ancillary to, and used in conjunction with, industrial, manufacturing, warehousing or other permitted uses on the same land.• To accommodate uses that, because of demonstrated special building or site requirements or operational characteristics, cannot be, or are inappropriate to be, located in other zones.2 Permitted without consentNil3 Permitted with consentBuilding identification signs; Business identification signs; Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Pubs; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Information and education facilities; Marinas; Mooring pens; Passenger transport facilities; Port facilities; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Sewage treatment plants; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recycling facilities; Water supply systems; Wharf or boating facilities; 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 allow for city living on the edges of the city centre of Chatswood, which encourages public transport use, shopping and the use of businesses and recreational services that contribute to the vitality of the city, without undermining its commercial role.2 Permitted without consentNil3 Permitted with consentAmusement centres; Boarding houses; Building identification signs; Business identification signs; 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; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Veterinary hospitals; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
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 consentNil3 Permitted with consentAquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose4 ProhibitedAny development not specified in item 2 or 3
Zone SP2 Infrastructure
1 Objectives of zone• To provide for infrastructure and related uses.• To prevent development that is not compatible with or that may detract from the provision of infrastructure.• To provide for classified roads.2 Permitted without consentNil3 Permitted with consentAquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose4 ProhibitedAny development not specified in item 2 or 3
Zone RE1 Public Recreation
1 Objectives of zone• To enable land to be used for public open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.• To protect and enhance areas of ecological, scientific, cultural or aesthetic value.• To maintain and provide visual open space links to a diversity of public and private spaces and facilities as an integral part of the open space system.• To provide adequate open space areas to meet the existing and future needs of the residents of Willoughby.2 Permitted without consentEnvironmental protection works3 Permitted with consentAquaculture; Centre-based child care facilities; Community facilities; Environmental facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads4 ProhibitedAny development not specified in item 2 or 3
Zone RE2 Private Recreation
1 Objectives of zone• To enable land to be used for private open space or recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.• To minimise the potential for adverse effects from new development on the amenity of the locality.2 Permitted without consentNil3 Permitted with consentAquaculture; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads4 ProhibitedAny development not specified in item 2 or 3
Zone C1 National Parks and Nature Reserves
1 Objectives of zone• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.• To enable uses authorised under the National Parks and Wildlife Act 1974.• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.2 Permitted without consentUses authorised under the National Parks and Wildlife Act 19743 Permitted with consentNil4 ProhibitedAny development not specified in item 2 or 3
Zone C2 Environmental Conservation
1 Objectives of zone• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.• To conserve native plant and animal species through the maintenance of suitable habitats.• To contribute to the scenic quality of Willoughby, including the foreshore.2 Permitted without consentNil3 Permitted with consentEnvironmental facilities; Environmental protection works; Oyster aquaculture; Roads4 ProhibitedBusiness premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone C4 Environmental Living
1 Objectives of zone• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.• To ensure that residential development does not have an adverse effect on those values.• To ensure that development preserves and enhances the natural features and bushland within the immediate locality (including natural vegetation, geological features, drainage patterns, the water table and the relationship of development to the natural topography) and does not increase bush fire hazard potential.• To maintain the scale, character and streetscape of individual localities.• To retain and enhance residential amenity, including views, solar access, aural and visual privacy, foreshore setting, landscape quality and heritage value.2 Permitted without consentHome occupations3 Permitted with consentBed and breakfast accommodation; Dual occupancies; Dwelling houses; Environmental protection works; Home-based child care; Home businesses; Oyster aquaculture; Pond-based aquaculture; Roads; Secondary dwellings; Tank-based aquaculture4 ProhibitedIndustries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1 Exempt development
(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.(2) Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.(3) To be exempt development, the development—(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and(c) must not be designated development, and(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.(4) Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—(a) the building has a current fire safety certificate or fire safety statement, or(b) no fire safety measures are currently implemented, required or proposed for the building.(5) To be exempt development, the development must—(a) be installed in accordance with the manufacturer’s specifications, if applicable, and(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.Note—See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.(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, andis complying development.(b) the requirements of this Part,Note—See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.(3) To be complying development, the development must—(a) be permissible, with development consent, in the zone in which it is carried out, and(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.(4) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.(5) A heading to an item in Schedule 3 is part of that Schedule.
3.3 Environmentally sensitive areas excluded
(1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.(2) For the purposes of this clause—environmentally sensitive area for exempt or complying development means any of the following—(a) the coastal waters of the State,(b) a coastal lake,(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1 Minimum subdivision lot size
(1) The objectives of this clause are as follows—(a) to retain the pattern of subdivision in low density residential and environmental living zones,(b) to ensure lots have sufficient area for the effective siting of development in order to achieve a good relationship with adjoining dwellings and to provide adequate space for landscaped open space, drainage, parking, residential amenity and other services,(c) to require larger lots along the foreshore or where the topography or other natural features of a site limit its subdivision potential,(d) to ensure that subdivision does not cause fragmentation of sites that limits potential future uses or redevelopment in accordance with the zone objectives.(2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.(3A) If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.(4) This clause does not apply in relation to the subdivision of any land—(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or(b) by any kind of subdivision under the Community Land Development Act 2021.
4.1AA Minimum subdivision lot size for community title schemes
[Not adopted]
4.1A Minimum subdivision lot size for strata plan schemes in Zone E2
(1) The objective of this clause is to ensure land in Zone E2 Commercial Centre is not fragmented by subdivision that would adversely impact the tenancy mix and long-term potential of commercial properties for redevelopment.(2) The size of a lot resulting from subdivision of land in Zone E2 Commercial Centre by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 must not be less than—(a) the minimum size shown for the land on the Lot Size Map, or(b) if no minimum size is shown for the land on the Lot Size Map—1,800m2.Note—State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 6 provides that strata subdivision of a building in certain circumstances is complying development.(3) Subclause (2) does not apply to a lot comprising common property within the meaning of the Strata Schemes Development Act 2015.cl 4.1A: Am 2017 (327), Sch 1 [2]. Renumbered as cl 4.1C, 2017 (327), Sch 1 [3]. Ins 2017 (327), Sch 1 [4]. Subst 2023 (373), Sch 1[17].
4.1B (Repealed)
cl 4.1B: Am 2017 (327), Sch 1 [5]. Rep 2023 (373), Sch 1[17].
4.1C Minimum subdivision lot size for dual occupancies
(1A) Despite any other provision of this Plan, development consent must not be granted to the subdivision of a lot on which there is a dual occupancy except in accordance with this clause.(1B) Development consent may be granted to the subdivision of a lot on which there is a dual occupancy if the size of any lot resulting from the subdivision is not to be less than the minimum size shown on the Lot Size Map in relation to that lot.(1) Development consent may also be granted to the subdivision of a lot on which there is a dual occupancy if—(a) the lot is not a lot in the area identified as “Area 1” on the Dual Occupancy Restriction Map, and(b) the area of each lot resulting from the subdivision is at least 350 square metres, and(c) each of the resulting lots will have one of the dwellings on it, and(d) the floor space ratio of each dwelling does not exceed—(i) 0.4:1, orwhichever is the lesser.(ii) any floor space ratio specified under clause 4.4A for a building on the lot,(e) (Repealed)(2) (Repealed)cl 4.1C (previously cl 4.1A): Renumbered 2017 (327), Sch 1 [3]. Am 2018 (156), cl 4.1 (1)–(3); 2023 (373), Sch 1[18].
4.2 Rural subdivision
[Not applicable]
4.3 Height of buildings
(1) The objectives of this clause are as follows—(a) to ensure that new development is in harmony with the bulk and scale of surrounding buildings and the streetscape,(b) to minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,(c) to ensure a high visual quality of the development when viewed from adjoining properties, the street, waterways, public reserves or foreshores,(d) to minimise disruption to existing views or to achieve reasonable view sharing from adjacent developments or from public open spaces with the height and bulk of the development,(e) to set upper limits for the height of buildings that are consistent with the redevelopment potential of the relevant land given other development restrictions, such as floor space and landscaping,(f) to use maximum height limits to assist in responding to the current and desired future character of the locality,(g) to reinforce the primary character and land use of the city centre of Chatswood with the area west of the North Shore Rail Line, being the commercial office core of Chatswood, and the area east of the North Shore Rail Line, being the retail shopping core of Chatswood,(h) to achieve transitions in building scale from higher intensity business and retail centres to surrounding residential areas.(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
4.3A Exceptions to height of buildings
(1) The maximum height of a building on land in Zone C4 Environmental Living that is identified as “Area 1” on the Height of Buildings Map is—(a) for the part of the building on land immediately adjoining the street frontage—3.5m above ground level (existing), and(b) otherwise—10m above ground level (existing).(2) The maximum height of a building on land identified as “Area 2” on the Height of Buildings Map is 17m if the first 2 storeys of the building are used only for the purposes of commercial premises.(3) The maximum height of a building used for the purposes of a dual occupancy (detached) is 5.7m if—(a) there is an existing dwelling house on the lot that will form part of the dual occupancy (detached), or(b) the building will not have a street frontage, or(c) for a corner lot—the building will have only one street frontage.(4) The maximum height of a secondary dwelling is 5.7m if the secondary dwelling is separate from the principal dwelling.(5) The maximum height of a building on land in the foreshore area is 3.5m above ground level (existing).(6) The following structures located on the rooftop of a building on land identified as “Area 4” on the Height of Buildings Map may exceed the maximum height shown for the land on the map—(a) balustrades with a height of less than 1.2m above the finished floor level of the rooftop,(b) a structure, with a height of no more than 3.75m above the finished floor level of the rooftop, used to enclose a lift for access to communal areas on the rooftop,(c) a structure, with a height of no more than 2.55m above the finished floor level of the rooftop, used to enclose—(i) stair access to the rooftop, or(ii) shared facilities for the use of residents of the building, such as bathrooms,(d) service installations, including air conditioning systems, lights, solar panels and skylights, with a height of less than 2m above the finished floor level of the rooftop.(7) The maximum height of a building used for the purposes of multi dwelling housing on land at 92–96 Victoria Avenue, North Willoughby, identified as “Area 5” on the Height of Buildings Map, is 10m.cl 4.3A: Am 2017 (327), Sch 1 [6]; 2021 (504), Sch 1[1] [2]; 2023 (292), Sch 1[1]. Subst 2023 (373), Sch 1[19]. Am 2023 (460), Sch 1[1].
4.4 Floor space ratio
(1) The objectives of this clause are as follows—(a) to limit the intensity of development to which the controls apply so that it will be carried out in accordance with the environmental capacity of the land and the zone objectives for the land,(b) to limit traffic generation as a result of that development,(c) to minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,(d) to manage the bulk and scale of that development to suit the land use purpose and objectives of the zone,(e) to permit higher density development at transport nodal points,(f) to allow growth for a mix of retail, business and commercial purposes consistent with Chatswood’s sub-regional retail and business service, employment, entertainment and cultural roles while conserving the compactness of the city centre of Chatswood,(g) to reinforce the primary character and land use of the city centre of Chatswood with the area west of the North Shore Rail Line, being the commercial office core of Chatswood, and the area east of the North Shore Rail Line, being the retail shopping core of Chatswood,(h) to provide functional and accessible open spaces with good sunlight access during key usage times and provide for passive and active enjoyment by workers, residents and visitors to the city centre of Chatswood,(i) to achieve transitions in building scale and density from the higher intensity business and retail centres to surrounding residential areas,(j) to encourage the consolidation of certain land for redevelopment,(k) to encourage the provision of community facilities and affordable housing and the conservation of heritage items by permitting additional gross floor area for these land uses.(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.(2A) Despite subclause (2)—(a) the maximum floor space ratio for a building on land in Zone R2 Low Density Residential or Zone C4 Environmental Living is to be determined as if the area of the access laneway of a battle-axe lot were not part of the area of the lot, and(b) part of the floor area of a building is taken not to be part of the gross floor area of the building for determining the maximum floor space ratio of the building if it—(i) is to be used for community facilities, or(ii) is a heritage item.(iii) (Repealed)(2B) Subclause (2A)(b) does not apply unless the consent authority is satisfied that—(a) the building will not cause adverse impacts on adjoining land in terms of overshadowing, privacy, bulk and scale, and(b) the conservation of any heritage item and its setting will be achieved.(2C) Subclause (2A)(b)(i) does not apply in respect of a building used for affordable housing purposes if the erection of the building is consistent with State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1.cl 4.4: Am 2021 (685), Sch 1[1]; 2022 (72), Sch 1.66[1]; 2023 (373), Sch 1[20]; 2024 (42), Sch 1.51[1].
4.4A Exceptions to floor space ratio
(1) A reference in this clause to a numbered area is a reference to land in the area with that number on the Floor Space Ratio Map.(2) The maximum floor space ratio for a building on land specified in the table to this subclause is the ratio determined in accordance with the table.
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), andthe 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.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6 Exceptions to development standards
(1) The objectives of this clause are as follows—(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.(3) Development consent must not be granted 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.Note—When this Plan was made it did not include 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 or Zone E3 Environmental Management.(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 (to the extent that it applies to land at 1–5 Broadcast Way, Artarmon, being Lots 1–6, DP 270714).(cb) clause 6.24(3).cl 4.6: Am 2017 (180), Sch 1 [2]; 2021 (504), Sch 1[3].
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).Note—If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
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 and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.(3) Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.
5.2 Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.Note—Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.(2) The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.(3) The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.(4) The public land described in Part 1 of Schedule 4—(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.(5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and(b) any reservations that except land out of the Crown grant relating to the land, and(c) reservations of minerals (within the meaning of the Crown Land Management Act 2016).Note—In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3 Development near zone boundaries
[Not adopted]
5.4 Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.Note—Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—(a) 1% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, orwhichever is the lesser.(b) 100 square metres,(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 10 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) 10% 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) 1% of the gross floor area of the industry, orwhichever is the lesser.(b) 100 square metres,cl 5.4: Am 2018 (406), Sch 1.152 [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
[Not adopted]cl 5.6: Subst 2022 (74), Sch 1[2].
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 Willoughby,(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, orrequire 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.(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),(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
[Not applicable]
5.19 Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—(a) to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,(b) to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—(a) that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,(b) in the case of—(i) pond-based aquaculture in Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and(ii) pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and(iii) tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and(iv) pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.(3) The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—(a) the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and(b) the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—(a) any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and(b) the NSW Oyster Industry Sustainable Aquaculture Strategy.(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—(a) on land that is wholly within a priority oyster aquaculture area, or(b) on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.(7) Definitions In this clause—aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
5.20 Standards that cannot be used to refuse consent—playing and performing music
(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—(a) the playing or performance of music, including the following—(i) the genre of music played or performed, or(ii) whether the music played or performed is live or amplified, or(iii) whether the music played or performed is original music, or(iv) the number of musicians or live entertainment acts playing or performing, or(v) the type of instruments played,(b) whether dancing occurs,(c) the presence or use of a dance floor or another area ordinarily used for dancing,(d) the direction in which a stage for players or performers faces,(e) the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.(3) In this clause—licensed premises has the same meaning as in the Liquor Act 2007.
5.21 Flood planning
(1) The objectives of this clause are as follows—(a) to minimise the flood risk to life and property associated with the use of land,(b) to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,(c) to avoid adverse or cumulative impacts on flood behaviour and the environment,(d) to enable the safe occupation and efficient evacuation of people in the event of a flood.(2) Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—(a) is compatible with the flood function and behaviour on the land, and(b) will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and(c) will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and(d) incorporates appropriate measures to manage risk to life in the event of a flood, and(e) will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.(3) In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—(a) the impact of the development on projected changes to flood behaviour as a result of climate change,(b) the intended design and scale of buildings resulting from the development,(c) whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,(d) the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.(4) A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.(5) In this clause—Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.flood planning area has the same meaning as it has in the 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
(1) The objectives of this clause are as follows—(a) to enable the safe occupation and evacuation of people subject to flooding,(b) to ensure development on land is compatible with the land’s flood behaviour in the event of a flood,(c) to avoid adverse or cumulative impacts on flood behaviour,(d) to protect the operational capacity of emergency response facilities and critical infrastructure during flood events,(e) to avoid adverse effects of hazardous development on the environment during flood events.(2) This clause applies to—(a) for sensitive and hazardous development—land between the flood planning area and the probable maximum flood, and(b) for development that is not sensitive and hazardous development—land the consent authority considers to be land that, in the event of a flood, may—(i) cause a particular risk to life, and(ii) require the evacuation of people or other safety considerations.(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered whether the development—(a) will affect the safe occupation and efficient evacuation of people in the event of a flood, and(b) incorporates appropriate measures to manage risk to life in the event of a flood, and(c) will adversely affect the environment in the event of a flood.(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—see clause 5.21(5).flood planning area—see clause 5.21(5).Flood Risk Management Manual—see clause 5.21(5).probable maximum flood has the same meaning as in the Flood Risk Management Manual.sensitive and hazardous development means development for the following purposes—(a) boarding houses,(b) early education and care facilities,(c) eco-tourist facilities,(d) educational establishments,(e) emergency services facilities,(f) group homes,(g) hazardous industries,(h) hazardous storage establishments,(i) hospitals,(j) hostels,(k) information and education facilities,(l) respite day care centres,(m) seniors housing,(n) sewerage systems,(o) tourist and visitor accommodation,(p) water supply systems.cl 5.22: Subst 2023 (609), Sch 1.27.
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,(d) land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.(9) In this clause—disturb public bushland means—(a) remove vegetation from public bushland, or(b) cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.non-native plant means a plant that is not native vegetation.public bushland means land—(a) on which there is vegetation that is—(i) a remainder of the natural vegetation of the land, or(ii) representative of the structure and floristics of the natural vegetation of the land, and(b) that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.cl 5.23: Ins 2022 (629), Sch 2[1].
5.24 Farm stay accommodation
[Not adopted]
5.25 Farm gate premises
[Not adopted]
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Works by which the watertable is likely to be lowered.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
6.2 Earthworks
(1) The objective of this clause is to ensure earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.(2) Development consent is required for earthworks unless—(a) the earthworks are exempt development under this plan or another applicable environmental planning instrument, or(b) the earthworks are ancillary to other development for which development consent has been granted.(3) In deciding whether to grant development consent for earthworks, the consent authority must consider the following matters—(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality,(b) the effect of the proposed development on the likely future use or redevelopment of the land,(c) the quality of the fill or the soil to be excavated, or both,(d) the effect of the development on the existing and likely amenity of adjoining properties,(e) the source of fill material and the destination of excavated material,(f) the likelihood of disturbing relics,(g) the proximity to and potential for adverse impacts on a watercourse, drinking water catchment or environmentally sensitive area,(h) appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.Note—The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.cl 6.2: Subst 2023 (373), Sch 1[22].
6.3 Urban heat
(1) The objective of this clause is to ensure new development incorporates effective design and ongoing operation to—(a) reduce and remove urban heating from the environment, and(b) protect community health and wellbeing.(2) In deciding whether to grant development consent to development for the purposes of commercial premises, industries or residential accommodation, the consent authority must consider whether—(a) the facade and roof of the proposed building and paved surfaces are designed to reduce adverse effects of solar heat on the surrounding land, including private open space and the public domain, and(b) the awnings and eaves of the building are designed to provide shelter from the sun and improve public comfort at street level, and(c) the heating, ventilation and air conditioning systems of the building are designed to minimise the release of heat in the direction of private open space and the public domain, and(d) the development maximises the use of green infrastructure that is strategically designed and managed to support a good quality of life in an urban environment, and(e) the development accommodates sufficient tree canopy, open space and deep soil zones to achieve urban cooling benefits, and(f) the building is designed to achieve high passive thermal performance.(3) In this clause—deep soil zone—(a) means the soft landscaped part of a site area used for growing trees, plants and grasses that—(i) is unimpeded by buildings or structures above and below ground, and(ii) provides opportunities for groundwater infiltration and canopy trees, and(b) does not include basement car parks, services, swimming pools, tennis courts and impervious surfaces including car parks, driveways and roof areas.solar heat means radiant heat contained in the full spectrum of sunlight.cl 6.3: Rep 2021 (225), Sch 1. Ins 2023 (373), Sch 1[22].
6.4 Limited development on foreshore area
(1) The objective of this clause is to ensure that development in the foreshore area will not—(a) impact on natural foreshore processes, or(b) 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) single storey structures such as boat sheds, slipways and jetties that have a direct functional relationship with the waterway,(b) inclinators, stairs and other structures designed to provide pedestrian access to the waterway,(c) development for the purposes of barbecues, cycleways, fences, garden sheds, pergolas, picnic facilities, public amenities, retaining walls, swimming pools or walking trails.(3) Development consent must not be granted under subclause (2) unless the consent authority is satisfied of the following—(a) the development will contribute to achieving the objectives for the zone in which the land is located,(b) the appearance of a proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area,(c) the development will not cause environmental harm, for example—(i) pollution or siltation of the waterway, or(ii) an adverse effect on surrounding uses, marine habitat, wetland areas, fauna and flora habitats, or(iii) an adverse effect on drainage patterns,(d) the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway,(e) opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised,(f) the 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,(g) for development involving 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,(h) sea level rise or change of flooding patterns as a result of climate change have been considered.cl 6.4: Subst 2023 (373), Sch 1[22].
6.5 Signage
(1) The objective of this clause is to ensure that signage does not interfere with the visual amenity and safety of surrounding areas.(2) Development consent must not be granted to the erection or display of signage unless the consent authority is satisfied—(a) the signage is associated with or ancillary to another permitted use of the land, and(b) the signage specifies one or more of the following—(i) the purpose for which the land or premises is used,(ii) the identification of a person residing or carrying on an occupation or business on the land or premises, including a description of the occupation or business,(iii) the goods or services provided on the land or premises, and(c) the erection, siting, dimensions or display of the signage will not have a significant adverse impact on the visual amenity or the safety of the area.cl 6.5: Subst 2023 (373), Sch 1[22].
6.6 Airspace operations
(1) The objective of this clause is to protect—(a) airspace around airports, and(b) hospital helicopter airspace.(2) Development consent must not be granted to development that is a controlled activity within the meaning of the Airports Act 1996 of the Commonwealth, Part 12, Division 4, unless the applicant has obtained approval for the controlled activity under regulations made for the purposes of that division.Note—Controlled activities include the construction or alteration of buildings or other structures that causes an intrusion into airspace around airports.(3) Development consent must not be granted to development under, or that intrudes into, hospital helicopter airspace unless the consent authority is satisfied the development does not present a hazard to helicopters using hospital helicopter airspace.(4) In this clause—hospital helicopter airspace means the airspace above the following land in St Leonards—(a) Lots 11–13, DP 1003022, Lot 2, DP 1015776 and Lot 1, DP 746018, 2–10 Chandos Street,(b) Lots 7–10 and 15, Section 28, DP 4241, Lot 2, DP 900827 and SP 60114, 110–120 Christie Street,(c) Lot 11, DP 1013030, 207 Pacific Highway.cl 6.6: Subst 2023 (373), Sch 1[22].
6.7 Active street frontages
(1) The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support and Zone MU1 Mixed Use.(2) This clause applies to land identified as “Active Street Frontages” on the Active Street Frontages Map.(3) Development consent must not be granted to the erection of a building, or a change of use of a building, unless the consent authority is satisfied that the building will have an active street frontage.(4) Despite subclause (3), an active street frontage is not required for part of a building that is used for the following—(a) entrances and lobbies, including as part of mixed use development,(b) access for fire services,(c) vehicular access.(5) In this clause, a building has an active street frontage if—(a) for land in Zone E2 Commercial Centre—all ground floor premises facing the street are used for retail premises or business premises, or(b) otherwise—all ground floor premises facing the street are used for commercial premises.cl 6.7: Am 2022 (74), Sch 1[3]. Subst 2023 (373), Sch 1[22].
6.8 Affordable housing
(1) In this clause, the Willoughby Affordable Housing Principles are as follows—(a) affordable housing must be provided and managed to make accommodation for a diverse residential population representative of all income groups available in Willoughby,(b) affordable housing must be rented to tenants at rents that do not exceed a benchmark of 30% of actual household income,(c) dwellings provided for affordable housing must be managed to maintain their continued use for affordable housing,(d) the Council must use the following received by or on behalf of the Council to improve or replace, or provide additional, affordable housing in Willoughby—(i) rent from affordable housing, excluding landlord’s expenses, such as management and maintenance costs and rates and taxes payable in connection with the dwellings,(ii) money from the disposal of affordable housing,(e) affordable housing must consist of dwellings constructed to a standard that, in the opinion of the consent authority, is consistent with the same type of dwellings forming part of the proposed development, particularly in relation to internal fittings and finishes, solar access and privacy.(2) This clause applies to the erection of residential accommodation on land identified as “Area 1”, “Area 2” or “Area 3” on the Affordable Housing Map, other than development for the purposes of boarding houses, community housing, group homes, hostels and public housing.(3) Development consent must not be granted to development to which this clause applies unless the consent authority has considered the following—(a) the Willoughby Affordable Housing Principles,(b) the impact of the development on the existing mix and likely future mix of residential accommodation in Willoughby.Note—The matters set out in State Environmental Planning Policy (Housing) 2021, section 15 may also apply to the development.(4) The consent authority may, when granting development consent to development to which this clause applies, impose a condition requiring an affordable housing contribution equivalent to the contribution specified in subclause (5).(5) The contribution for development on land is the amount of gross floor area equivalent to the mapped percentage of the gross floor area of the residential component of the development.(6) A condition imposed under this clause must permit a person to satisfy the contribution by 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 50m2,(b) a monetary contribution paid to the Council.(7) A monetary contribution must be calculated by reference to the market value of dwellings of a similar size to the dwellings in the proposed development.(8) In this clause—community housing has the same meaning as in the Community Housing Providers National Law (NSW).mapped percentage, in relation to development on land, means the percentage shown on the Affordable Housing Map for the land.public housing has the same meaning as in the Housing Act 2001.cl 6.8: Am 2017 (327), Sch 1 [7]–[12]; 2019 (621), Sch 1.14[1]; 2021 (99), Sch 1[1] [2]; 2022 (72), Sch 1.66[2]. Subst 2023 (373), Sch 1[22].
6.9 Serviced apartments
(1) The objectives of this clause are—(a) to ensure that a change of use from a dwelling in a residential flat building or shop top housing to a serviced apartment does not impact on the amenity, safety or security of residents in the building, and(b) to prevent substandard residential building design by converted serviced apartment development.(2) Development consent must not be granted for the change of use from a dwelling in a residential flat building or shop top housing to a serviced apartment unless the consent authority is satisfied that the amenity, safety and security of the residents of the dwellings in the building is maintained.(3) Development consent must not be granted for the change of use from serviced apartments to a residential flat building, with or without strata subdivision, unless the consent authority has considered the Apartment Design Guide, within the meaning of State Environmental Planning Policy (Housing) 2021, in relation to the residential flat building.cl 6.9: Am 2015 (316), Sch 2.19. Subst 2023 (373), Sch 1[22]. Am 2023 (664), Sch 3.21[2].
6.10 Minimum lot sizes for certain residential accommodation
(1) The objectives of this clause are—(a) to achieve planned residential density in certain zones by—(i) enabling development sites to be of sufficient size to provide adequate area for drainage, landscaping, and separation between buildings for privacy and solar and vehicular access, and(ii) reducing the instances of isolated lots being left with reduced development potential, and(b) to increase the efficiency and safety of the road network by minimising the number of driveway crossings.(2) Development consent must not be granted to development on a lot in a zone for a purpose specified in the table to this subclause unless the lot is at least the size shown opposite for the zone.
6.11 Maximum gross floor areas for certain dual occupancies
Development consent must not be granted to development for the purposes of dual occupancies on land identified as “Area 1” on the Dual Occupancy Restriction Map if the gross floor area of more than one of the dwellings exceeds 60m2.cl 6.11: Subst 2023 (373), Sch 1[22].
6.12 Gross floor area in Willoughby Market Gardens
(1) This clause applies to land identified as “Area 1” on the Special Provisions Area Map and known as the Willoughby Market Gardens.(2) The sum of the gross floor area of all the dwellings on the land must not exceed 16,000m2.cl 6.12: Rep 2022 (74), Sch 1[4]. Ins 2023 (373), Sch 1[22].
6.13 Location of sex services premises
(1) Development consent must not be granted for the purposes of sex services premises unless the consent authority has considered the following—(a) the distance between the premises and—(i) a place of public worship, school, community facility, hospital or medical centre, or(ii) any other place near the premises that is regularly frequented by children,(b) whether the operation of the premises could cause a disturbance in the neighbourhood, taking into account the location of other sex services premises operating in the neighbourhood,(c) whether sufficient off-street parking will be provided,(d) whether the premises will be accessed by a separate entrance,(e) whether the operation of the premises will interfere with the amenity of the neighbourhood because of the size, operating hours, traffic generation, lighting or noise or the number of employees and clients,(f) whether the operations of the premises will use circulation areas common to another use of the premises.(2) Development consent must not be granted for sex services premises in an employment zone unless the premises will be located—(a) above the ground floor, and(b) in a building used for commercial premises.(3) Development consent must not be granted for sex services premises unless the premises are located more than 100m from other premises for which a similar development consent has been granted.(4) The distance between 2 premises referred to in subclause (3) must be measured as the shortest distance between the premises.cl 6.13: Subst 2023 (373), Sch 1[22].
6.14 Council infrastructure development
(1) Development may be carried out by or on behalf of the Council without development consent on land, other than—(a) land in a heritage conservation area, or(b) land containing a heritage item, or(c) land in an environmentally sensitive area for exempt and complying development.(2) This clause does not apply to the following development—(a) the erection of a class 1–9 building under the Building Code of Australia,(b) development with an estimated development cost of more than $1 million that is not exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.(3) In this clause—estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.cl 6.14: Am 2019 (621), Sch 1.14[2]. Subst 2023 (373), Sch 1[22]. Am 2023 (523), Sch 1.18[1] [2].
6.15 Sun access
(1) Development consent must not be granted to development on land in Zone E2 Commercial Centre or Zone MU1 Mixed Use that results in additional overshadowing on the following land at mid-winter between midday and 2pm—(a) Chatswood Garden of Remembrance,(b) Chatswood Tennis Club and Croquet Club,(c) Victoria Avenue and Concourse Open Space.(2) Development consent must not be granted to development that results in additional overshadowing on Chatswood Oval at mid-winter between 11am and 2pm.(3) Development consent must not be granted to development that results in a dwelling on land in the South Chatswood Conservation Area receiving less than 3 hours of direct sunlight between 9am and 3pm at mid-winter.(4) Development consent must not be granted to development that results in additional overshadowing on the tree canopy of the Angophora costata tree identified as Schedule 5, Part 1, item I237 at mid-winter between midday and 2pm.(5) In this clause—Chatswood Garden of Remembrance means land identified as “Area 1” on the Sun Access Protection Map.Chatswood Oval means land identified as “Area 2” on the Sun Access Protection Map.Chatswood Tennis Club and Croquet Club means land identified as “Area 4” on the Sun Access Protection Map.South Chatswood Conservation Area means land identified as “Area 3” on the Sun Access Protection Map.Victoria Avenue and Concourse Open Space means land identified as “Area 5” on the Sun Access Protection Map.cl 6.15: Subst 2023 (373), Sch 1[22]. Am 2024 (311), Sch 1[6]–[10].
6.16 Minimum lot sizes for commercial and mixed use development in Chatswood CBD
(1) This clause applies to land identified as “Area 8” on the Special Provisions Area Map.(2) The minimum lot size for development for the purposes of commercial premises on land to which this clause applies in Zone E2 Commercial Centre is 1,800m2.(3) The minimum lot size for development for the purposes of mixed use development on land to which this clause applies in Zone MU1 Mixed Use is 1,200m2.(4) Subclause (3) does not apply to the following land in Chatswood—(a) Lot 20, DP 1107551, 58 Anderson Street,(b) SP 2715, 3 Ellis Street,(c) Lots 9–14, DP 4138, 629 and 637–639 Pacific Highway.cl 6.16: Subst 2023 (373), Sch 1[22]. Am 2024 (64), Sch 1[3].
6.17 Manor houses prohibited in Zone R4
(1) Development for the purposes of manor houses is prohibited in Zone R4 High Density Residential.(2) In this clause—manor house has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.cl 6.17: Am 2017 (493), Sch 1.2 [1]. Subst 2023 (373), Sch 1[22].
6.18 Vehicle body repair workshops in Zone E4
(1) The objective of this clause is to ensure that development for the purposes of vehicle body repair workshops in Zone E4 General Industrial will not have a detrimental impact on the amenity and environmental quality of neighbouring residential properties.(2) Development consent must not be granted to development for the purposes of vehicle body repair workshops on land in Zone E4 General Industrial unless the consent authority is satisfied that the development will not interfere with the amenity of neighbouring residential properties because of—(a) the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste product, grit or oil, or(b) traffic generation, or(c) the testing of motor vehicles in residential streets.cl 6.18: Am 2022 (72), Sch 1.66[3]. Subst 2023 (373), Sch 1[22].
6.19 Public access through certain land in St Leonards
(1) This clause applies to land identified as “Area 2” on the Special Provisions Area Map.(2) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that there will be public access—(a) through the land linking Chandos Street to the Talus Street Reserve, and(b) from Evans Lane to Herbert Street.cl 6.19: Subst 2023 (373), Sch 1[22].
6.20 Centre-based child care facilities and respite day care centres at Tyneside Avenue, Willoughby North
(1) The objective of this clause is to ensure that development for the purposes of centre-based child care facilities or respite day care centres on land at Tyneside Avenue, Willoughby North will not have a detrimental impact on the amenity of adjoining residential properties.(2) This clause applies to land identified as “Area 4” on the Special Provisions Area Map.(3) Development consent must not be granted to development for the purposes of centre-based child care facilities or respite day care centres unless the site area of the development is at least 5,000m2.cl 6.20: Ins 2014 (368), Sch 1 [3]. Am 2016 No 27, Sch 2.57. Subst 2023 (373), Sch 1[22].
6.21 Dwellings at 126 Greville Street, Chatswood and part of 25 Millwood Avenue, Chatswood West
(1) This clause applies to the following land—(a) Lot 1, DP 532353, 126 Greville Street, Chatswood,(b) Lot 1, DP 408490, part of 25 Millwood Avenue, Chatswood West.(2) Development consent must not be granted to development on land to which this clause applies that would result in more than 60 dwellings on the land unless—(a) all the dwellings on the land will be located in a building that existed on 13 June 2014 (an existing building), and(b) the existing building will not be altered to create additional floor space.cl 6.21: Ins 2015 (789), cl 5. Am 2016 (271), cl 4 (1) (2). Subst 2023 (373), Sch 1[22].
6.22 Business and office premises at Broadcast Way, Artarmon
(1) This clause applies to Lots 5 and 6, DP 270714, 2 and 4 Broadcast Way, Artarmon.(2) Development consent must not be granted to development for the purposes of business premises or office premises unless the consent authority is satisfied that—(a) each business premises and office premises will have a gross floor area of at least 1,200m2, and(b) the development will not detrimentally affect the viability of the Chatswood or St Leonards central business districts.cl 6.22: Ins 2017 (180), Sch 1 [3]. Am 2017 (588), Sch 1 [2]—[4]. Subst 2023 (373), Sch 1[22].
6.23 Design excellence
(1) The objective of this clause is to deliver the highest standard of architectural, urban and landscape design.(2) This clause applies to development involving the erection of a new building or external alterations to an existing building on land identified as “Area 5” on the Special Provisions Area Map.(3) Development consent must not be granted to development to which this clause applies unless the consent authority considers that the development exhibits design excellence.(4) In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,(b) whether the form, arrangement and external appearance of the development will improve the quality and amenity of the public domain,(c) whether the development detrimentally impacts on view corridors.(5) The consent authority must also have regard to how the development addresses the following matters—(a) the suitability of the land for development,(b) existing and proposed uses and use mix,(c) heritage and streetscape constraints,(d) the relationship of the development with other existing or proposed development on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,(e) bulk, massing and modulation of buildings,(f) street frontage heights,(g) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,(h) achieving the principles of ecologically sustainable development,(i) pedestrian, cycle, vehicular and service access, circulation and requirements,(j) the impact on, and proposed improvements to, the public domain,(k) the impact on special character areas,(l) achieving appropriate interfaces at ground level between the building and the public domain,(m) excellence and integration of landscape design.(6) Development consent must not be granted to development to which this clause applies unless—(a) for a building with a height of more than 12m and less than 35m above ground level (existing)—(i) a design review panel has reviewed the development, and(ii) the consent authority has taken into account the design review panel’s review, or(b) for a building with a height of 35m or more above ground level (existing)—the design of the development is the winner of a competitive design process held in relation to the development.(7) Subclause (6) does not apply to development involving external alterations to an existing building if the consent authority is satisfied that compliance with the subclause is unreasonable or unnecessary in the circumstances.(8) Subclause (6)(b) does not apply if—(a) the consent authority certifies in writing that a competitive design process is not required, and(b) a design review panel reviews the development, and(c) the consent authority takes into account the advice of the design review panel.(9) A review conducted by a design excellence panel must be conducted in accordance with the Guidelines for Design Excellence Review and Competitions published by the Council on 9 December 2019.(10) In this clause—competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.design review panel means a panel of at least 2 persons established by the consent authority.cl 6.23: Ins 2021 (99), Sch 1[4]. Subst 2023 (373), Sch 1[22]. Am 2023 (698), Sch 1.14[1]–[4].
6.24 61A Albert Avenue, Chatswood
(1) This clause applies to land identified as “Area 7” on the Special Provisions Area Map.(2) Development for the purposes of amusement centres and shop top housing is permitted with development consent on the land.(3) Development consent must not be granted to development for the purposes of shop top housing unless the floor space ratio of commercial premises or health services facilities on the land is at least 7.68:1.(4) Development for the purposes of serviced apartments is prohibited on the land.cl 6.24: Ins 2021 (504), Sch 1[4]. Am 2022 (61), cl 5. Subst 2023 (373), Sch 1[22].
6.25 Shop top housing in Zone MU1
Development consent for the purposes of shop top housing on land in Zone MU1 Mixed Use must not be granted unless the consent authority is satisfied at least 17% of the gross floor area of the building will be used for non-residential purposes.cl 6.25: Ins 2022 (74), Sch 1[5]. Am 2022 (114), cl 5(1) (2); 2022 (167), cl 5(1) (2); 2022 (205), cl 5; 2022 (221), cl 5; 2022 (315), cl 5; 2022 (316), cl 5; 2022 (353), cl 4; 2022 (427), cl 5; 2022 (602), cl 5; 2022 (603), cl 5; 2022 (700), cl 5; 2023 (264), cl 5. Subst 2023 (373), Sch 1[22].
6.26 Maximum floor space ratio for certain dual occupancies
Development consent must not be granted to the change of use of a building from a dwelling house to a dual occupancy if the floor space ratio of the dual occupancy would exceed the floor space ratio of the dwelling house before the change of use.cl 6.26: Ins 2023 (373), Sch 1[22].
Schedule 1 Additional permitted uses
(Clause 2.5)
1 Use of certain land at 24 Cameron Avenue, Artarmon
(1) This clause applies to land at 24 Cameron Avenue, Artarmon, being Lot 25, DP 4637.(2) Development for the purpose of a car park is permitted with development consent.
2 Use of certain land at Herbert, Cleg and Frederick Streets and Reserve Road, Artarmon
(1) This clause applies to land bounded by Herbert, Cleg and Frederick Streets and Reserve Road, Artarmon.(2) Development for the purposes of specialised retail premises and landscaping material supplies is permitted with development consent.(3) Development consent under subclause (2) must not be granted unless the consent authority is satisfied that—(a) suitable land is not available for the development in any nearby business centre, and(b) the development will not detrimentally affect the range of services offered by existing shops located in any nearby business centre, and(c) giving consent would not, because of the number of retail outlets that exist or are proposed in Zone E4 General Industrial, change the predominantly industrial nature of the area or detrimentally affect existing or future industrial development in the zone.
3 Use of certain land at Jersey Road, Artarmon (corner Hampden Road)
(1) This clause applies to land at Jersey Road, Artarmon (corner Hampden Road), being Lot 101, DP 621507.(2) Development for the purpose of a car park is permitted with development consent.
4 Use of certain land at 1–5 Broadcast Way, Artarmon
(1) This clause applies to land at 1–5 Broadcast Way, Artarmon, being Lots 1–6, DP 270714.(2) Development for the purposes of food and drink premises, function centres, health services facilities, restaurants or cafes and telecommunications facilities is permitted with development consent.
5 Use of certain land at Castle Cove Drive, Castle Cove
(1) This clause applies to land at Castle Cove Drive, Castle Cove, being Lot H, DP 30947.(2) Development for the purpose of a car park is permitted with development consent.
6 Use of certain land at Castle Cove Country Club, Deepwater Road, Castle Cove
(1) This clause applies to land at Castle Cove Country Club, Deepwater Road, Castle Cove, being Lot 1, DP 610360.(2) Development for the purpose of a registered club is permitted with development consent.
7 Use of certain land at 1 Denawen Avenue, Castle Cove
(1) This clause applies to land at 1 Denawen Avenue, Castle Cove, being Lot 307, DP 200637.(2) Development for the purpose of a place of public worship is permitted with development consent.
8 Use of certain land at 2A Holly Street, Castle Cove
(1) This clause applies to land at 2A Holly Street, Castle Cove, being Lot 9, DP 214988.(2) Development for the purpose of a dwelling house is permitted with development consent.
9 Use of certain land at 12 Charles Street, Castlecrag
(1) This clause applies to land at 12 Charles Street, Castlecrag, being Lot 127, DP 13097 and Lot B, DP 102309.(2) Development for the purpose of a place of public worship is permitted with development consent.
10 Use of certain land at 184 Edinburgh Road, Castlecrag
(1) This clause applies to land at 184 Edinburgh Road, Castlecrag, being Lot 112, DP 11138 and Lot 113, DP 13195.(2) Development for the purpose of a place of public worship is permitted with development consent.
11 Use of certain land at 10 The Postern, Castlecrag
(1) This clause applies to land at 10 The Postern, Castlecrag, being Lot 143, DP 17416.(2) Development for the purpose of a community facility is permitted with development consent.
12 Use of certain land at Albert Avenue, Chatswood
(1) This clause applies to land at Albert Avenue, Chatswood, being Lot 1, DP 741948, Lot 24, DP 618973, Lot 1, DP 69505, Lot 11, DP 1171717, Lot 6, DP 69530 and Lot 5, DP 69530.(2) Development for the purpose of a car park is permitted with development consent.
13 Use of certain land at Thomas Street, Chatswood
(1) This clause applies to Lot 22, DP 1215977, 18 Thomas Street, Chatswood.(2) Development for the purpose of a car park is permitted with development consent.
14 Use of certain land in Zone E3 for shop top housing
(1) This clause applies to land identified as “Area 3” on the Special Provisions Area Map.(2) Development for the purposes of shop top housing is permitted with development consent.
15 Use of certain land at 35A–41 Anderson Street and 9 and 9A Kirk Street, Chatswood
(1) This clause applies to land at 35A–41 Anderson Street and 9 and 9A Kirk Street, Chatswood, being Lots 7–11, DP 2602 and Lots 9 and 11, DP 7518.(2) Development for the purposes of food and drink premises and medical centres is permitted with development consent.
16 Use of certain land at 26 Anthony Street, Chatswood
(1) This clause applies to land at 26 Anthony Street, Chatswood, being Lot 1, DP 800321.(2) Development for the purpose of a place of public worship is permitted with development consent.
17 Use of certain land at 23 Archer Street, Chatswood
(1) This clause applies to land at 23 Archer Street, Chatswood, being Lots 1 and 2, DP 6577 and Lot 5, DP 331555.(2) Development for the purpose of a place of public worship is permitted with development consent.
17A (Repealed)
18 Use of certain land at 46 Beaconsfield Road, Chatswood
(1) This clause applies to land at 46 Beaconsfield Road, Chatswood, being Lot 76, DP 14213.(2) Development for the purpose of a place of public worship is permitted with development consent.
19 Use of certain land at 250 Sailors Bay Road, Northbridge
(1) This clause applies to Lot 16, DP 7749, 250 Sailors Bay Road, Northbridge.(2) Development for the purposes of business premises and office premises is permitted with development consent.
20 Use of certain land at 28–32 Chatswood Avenue, Chatswood
(1) This clause applies to land at 28–32 Chatswood Avenue, Chatswood, being Lot 1, DP 811501.(2) Development for the purpose of a place of public worship is permitted with development consent.
21 Use of certain land at 126 Greville Street, Chatswood and part of 25 Millwood Avenue, Chatswood West
(1) This clause applies to the following land—(a) 126 Greville Street, Chatswood, being Lot 1, DP 532353,(b) part of 25 Millwood Avenue, Chatswood West, being Lot 1, DP 408490.(2) Development for the purposes of eco-tourist facilities, educational establishments, high technology industries, information and education facilities, office premises, public administration buildings, storage premises and tourist and visitor accommodation is permitted with development consent.(3) However, development consent may be granted to such development only if the eco-tourist facility, educational establishment, high technology industry, information and education facility, office premises, public administration building, storage premises or tourist and visitor accommodation concerned is (or is proposed to be) located in a building that existed on the commencement of this clause.(4) Development for the purposes of dwelling houses is permitted with development consent on land in Zone R3 Medium Density Residential.
22 Use of certain land at 4 and 6 Hotham Street, Chatswood
(1) This clause applies to land at 4 and 6 Hotham Street, Chatswood, being Lot B, DP 335285 and Lot B, DP 399242.(2) Development for the purposes of office premises and storage premises used in conjunction with the use of adjoining land as a private hospital and carried out in dwelling houses existing when this Plan commenced, other than minor changes to the external envelope of those dwelling houses, is permitted with development consent.
23 Use of certain land at 50 Johnson Street, Chatswood
(1) This clause applies to land at 50 Johnson Street, Chatswood, being Lot B, Section 18, DP 3226.(2) Development for the purpose of a place of public worship is permitted with development consent.
24 Use of certain land at 10 Macquarie Street, Chatswood
(1) This clause applies to land at 10 Macquarie Street, Chatswood, being Lot 65, DP 5679.(2) Development for the purpose of a place of public worship is permitted with development consent.
25 Use of certain land at 3–21 Malvern Avenue, 2–32 and 9–11 Havilah Street and 103 Archer Street, Chatswood
(1) This clause applies to the following land in Zone R2 Low Density Residential—(a) land at 3–21 Malvern Avenue and 103 Archer Street, Chatswood, being Lots A and B, DP 418863, Lots A and B, DP 394859, Lot 101, DP 853857, Lots 2 and 3, DP 100677, Lot 2, DP 310160, Lots 3 and 4, DP 313131 and Lot 2, DP 101905,(b) land at 2–32 and 9–11 Havilah Street, Chatswood, being Lots 20 and 21, DP 1144618, Lots 45–48 and 52–60, DP 3372, Lots 11 and 12, DP 1048214, Lot 1, DP 510937 and Lot 1, DP 105814.(2) Development for the purposes of health consulting rooms and office premises is permitted with development consent.
26 Use of certain land at 655A Pacific Highway, Chatswood
(1) This clause applies to land at 655A Pacific Highway, Chatswood, being Lot 1, DP 861346.(2) Development for the purpose of a car park to be used in conjunction with the bowling club on adjoining land is permitted with development consent.
27 Use of certain land in Chatswood CBD
(1) This clause applies to land in Zone MU1 Mixed Use and identified as “Area 8” on the Special Provisions Area Map.(2) Development for the purposes of residential flat buildings is permitted with development consent if—(a) the ground floor is used for non-residential purposes only, and(b) at least 17% of the gross floor area of the building will be used for non-residential purposes.
28 Use of certain land at 112 Victoria Avenue, Chatswood
(1) This clause applies to land at 112 Victoria Avenue, Chatswood, being Lot 1, DP 724205.(2) Development for the purpose of a car park is permitted with development consent.
29 Use of certain land at 161 Victoria Avenue, Chatswood
(1) This clause applies to land at 161 Victoria Avenue, Chatswood, being Lot 1, DP 719238.(2) Development for the purpose of sex services premises is permitted with development consent.
30 Use of certain land at 311–313 Victoria Avenue, Chatswood
(1) This clause applies to land at 311–313 Victoria Avenue, Chatswood, being Lot 1, DP 1077410.(2) Development for the purposes of business premises, retail premises and restaurants or cafes at street level is permitted with development consent.
31, 32 (Repealed)
33 Use of certain land at Chatswood and St Leonards in Zone E2
(1) This clause applies to land in Chatswood and St Leonards that is in Zone E2 Commercial Centre.(2) Development for the purpose of a car park by or on behalf of the Council is permitted with development consent.
34 Use of certain land in Zone E4 in Chatswood and Roseville
(1) This clause applies to land in Zone E4 General Industrial in Chatswood and Roseville, unless the land has direct frontage to or adjoins any residential area (other than land along Eastern Valley Way).(2) Development for the purposes of specialised retail premises and landscaping material supplies is permitted with development consent.(3) Development consent under subclause (2) must not be granted unless the consent authority is satisfied that—(a) suitable land is not available for the development in any nearby business centre, and(b) the development will not detrimentally affect the range of services offered by existing shops located in any nearby business centre, and(c) giving consent would not, because of the number of retail outlets that exist or are proposed in Zone E4 General Industrial, change the predominantly industrial nature of the area or detrimentally affect existing or future industrial development in the zone.(4) Development for the purposes of animal boarding or training establishments is permitted with development consent if the establishment is—(a) used for cats, dogs or other pets during normal business hours only, and(b) not used to provide veterinary services.
35 (Repealed)
36 Use of certain land at 83–95 Christie Street, Naremburn
(1) This clause applies to land at 83–95 Christie Street, Naremburn, being Lots 33 and 34, Section 27, DP 4241, Lots A–D, DP 390464 and Lots 27 and 28, Section 27, DP 4241.(2) Development for the purposes of medical centres and office premises is permitted with development consent.
37 Use of certain land at 2B, 2–14 Northcote Street, St Leonards
(1) This clause applies to land at 2B, 2–14 Northcote Street, St Leonards, being Lots 1 and 2, DP 801523, Lot 1, DP 746018, Lots 2–4, Section 29, DP 4241, Lot 2, DP 110095 and Lot 1, DP 926289.(2) Development for the purpose of shop top housing is permitted with development consent.
38 Use of certain land at 53 Baringa Road, Northbridge
(1) This clause applies to land at 53 Baringa Road, Northbridge, being Lot 31, Section 3, DP 7122 and Lot 32, Section 3, DP 7122.(2) Development for the purpose of a place of public worship is permitted with development consent.
39 Use of certain land at Eastern Valley Way, Northbridge (Northbridge Council car park)
(1) This clause applies to land at Eastern Valley Way, Northbridge (Northbridge Council car park), being Lot B, DP 323172, Lot 6, DP 200096, Lot 4, DP 200099, Lot 2, DP 200094 and Lot 8, DP 200098.(2) Development for the purpose of a car park is permitted with development consent.
40 Use of certain land at 7 Eastern Valley Way, Northbridge
(1) This clause applies to land at 7 Eastern Valley Way, Northbridge, being Lot 7, DP 200098.(2) Development for the purpose of a car park is permitted with development consent.
41 Use of certain land at 43 Eastern Valley Way, Northbridge
(1) This clause applies to land at 43 Eastern Valley Way, Northbridge, being Lot 83, DP 20195.(2) Development for the purpose of a community facility is permitted with development consent.
42 (Repealed)
43 Use of certain land at 42–54 Sailors Bay Road, Northbridge
(1) This clause applies to land at 42–54 Sailors Bay Road, Northbridge, being Lots 1–7, DP 305048.(2) Development for the purposes of business premises, office premises, shops and shop top housing is permitted with development consent.
44 Use of certain land at St Philip Neri Catholic School, 210–222 Sailors Bay Road and 65–71 Baringa Road, Northbridge
(1) This clause applies to land at St Philip Neri Catholic School, 210–222 Sailors Bay Road and 65–71 Baringa Road, Northbridge, being Lots 6–9, DP 7749 and Lot 1, DP 1022446.(2) Development for the purpose of a place of public worship is permitted with development consent.
45 Use of certain land at 476 Penshurst Street, Roseville
(1) This clause applies to land at 476 Penshurst Street, Roseville, being Lot 9, DP 9236.(2) Development for the purpose of a car park is permitted with development consent.
46 Use of certain land at 30 William Street, East Roseville
(1) This clause applies to land at 30 William Street, East Roseville, being Lots 1 and 2, DP 314602.(2) Development for the purpose of a place of public worship is permitted with development consent.
47 (Repealed)
48 Use of certain land at 14–102 Chandos Street, St Leonards
(1) This clause applies to land at 14–102 Chandos Street, St Leonards, being land bounded by Henry Lane, Chandos Street, Christie Street and Ryan Lane.(2) Development for the purpose of shop top housing is permitted with development consent.
49 Use of certain land at Sexton’s Cottage, Gore Hill Cemetery, St Leonards
(1) This clause applies to land at Sexton’s Cottage, Gore Hill Cemetery, St Leonards, being Lot 101, DP 791327.(2) Development for the purposes of community facilities, office premises and recreation areas is permitted with development consent.
50 Use of certain land in Zone E4 in St Leonards and Artarmon
(1) This clause applies to the following land in Zone E4 General Industrial—(a) 2–10 Herbert Street, St Leonards, being Lot 2, DP 778425, Lot 1, DP 778425, Lots 1 and 2, DP 1079151 and Lot C, DP 401303,(b) 31–37 Herbert Street, St Leonards, being Lots 1 and 2, DP 744175, Lot 3, DP 772072 and Lot 1, DP 115615,(c) land bounded by Punch Street, Lambs Road, Cleg Street and Herbert Street, Artarmon,(d) land bounded by the North Shore Rail Line, Ella Street, Herbert Street, Cleg Street and Lambs Road, Artarmon.(2) Development for the purposes of function centres and restaurants or cafes is permitted with development consent.
51 Use of certain land at “The Forum”, 3 Herbert Street and 1 Sergeants Lane, St Leonards
(1) This clause applies to land at “The Forum”, 3 Herbert Street and 1 Sergeants Lane, St Leonards, being Lot 21, DP 1034099 and Lots 11 and 12, DP 1006213.(2) Development for the purpose of shop top housing is permitted with development consent.
52 Use of certain land at 7–13 Herbert Street, St Leonards
(1) This clause applies to land at 7–13 Herbert Street, St Leonards, being on the ground floor, SP 66951.(2) Development for the purposes of a recreation facility (indoor) or a restaurant or cafe, or both, is permitted with development consent.
53, 54 (Repealed)
55 Use of certain land at Borlaise Street, Willoughby
(1) This clause applies to land at Borlaise Street (north and south side of street), Willoughby, being Lots 31 and 32, DP 2880 and Lot 18, DP 82656.(2) Development for the purpose of a car park is permitted with development consent.
56 Use of certain land at 30 Frenchs Road, Willoughby
(1) This clause applies to land at 30 Frenchs Road, Willoughby, being Lots 1–3, Section 2, DP 2639.(2) Development for the purpose of a place of public worship is permitted with development consent.
57 Use of certain land at 26 Horsley Street, Willoughby
(1) This clause applies to land at 26 Horsley Street, Willoughby, being Lot 36, DP 14241.(2) Development for the purpose of a place of public worship is permitted with development consent.
58 Use of certain land at 162 Mowbray Road, Willoughby
(1) This clause applies to land at 162 Mowbray Road, Willoughby, being Lot 1, DP 333501 and Lot 350, DP 1146823.(2) Development for the purpose of a car park is permitted with development consent.
59 Use of certain land at 203–211 Mowbray Road, Willoughby
(1) This clause applies to land at 203–211 Mowbray Road, Willoughby, being Lots 4 and 5, DP 246192.(2) Development for the purpose of a place of public worship is permitted with development consent.
60 Use of certain land at 41–43 Oakville Road, Willoughby
(1) This clause applies to land at 41–43 Oakville Road, Willoughby, being Lots 14 and 15, DP 33364.(2) Development for the purpose of a car park is permitted with development consent.
61 Use of certain land at 45–47 Oakville Road, Willoughby
(1) This clause applies to land at 45–47 Oakville Road, Willoughby, being Lot 1, DP 175604 and Lot 13, DP 33364.(2) Development for the purpose of a car park is permitted with development consent.
62 Use of certain land at 85 Penshurst Street, Willoughby
(1) This clause applies to the part of Lot 18, DP 33364 and Lots 1–3, Section 2, DP 977087, 85 Penshurst Street, Willoughby that is in Zone R2.(2) Development for the purpose of a function centre is permitted with development consent.
63 Use of certain land at 132–134 Penshurst Street, Willoughby
(1) This clause applies to land at 132–134 Penshurst Street, Willoughby, being Lots 4 and 5, Section 4, DP 1671.(2) Development for the purpose of a garden centre is permitted with development consent.
64 Use of certain land at 350 Penshurst Street, Willoughby
(1) This clause applies to land at 350 Penshurst Street, Willoughby, being Lot 2, DP 1009275.(2) Development for the purpose of sex services premises is permitted with development consent.
65 Use of certain land at Bales Park, 118 Sydney Street, Willoughby
(1) This clause applies to land at Bales Park, 118 Sydney Street, Willoughby, being Lot 292, DP 1149079.(2) Development for the purpose of a car park used in conjunction with the use of adjoining land as a centre-based child care facility is permitted with development consent.
66 Use of certain land at Willoughby Market Gardens, Willoughby
(1) This clause applies to land at Willoughby Market Gardens, Willoughby, being “Area 1” on the Special Provisions Area Map.(2) Development for the purposes of semi-detached dwellings and dwelling houses is permitted with development consent.
67 Use of certain land at 123A High Street, Willoughby East
(1) This clause applies to land at 123A High Street, Willoughby East, being Lots 8 and 9, DP 4151.(2) Development for the purpose of a place of public worship is permitted with development consent.
68 Use of certain land at 10–12 Clanwilliam Street, Willoughby North
(1) This clause applies to land at 10–12 Clanwilliam Street, Willoughby North, being Lot 111, DP 1149884.(2) Development for the purpose of a place of public worship is permitted with development consent.
69 Use of certain land at St Thomas Catholic Primary School, corner Horsley Avenue and High Street, Willoughby North
(1) This clause applies to land at St Thomas Catholic Primary School, corner Horsley Avenue and High Street, Willoughby North, being Lots 22–27 and 62, DP 14241, Lots 19–21, DP 14241 and Lot 1, DP 782188.(2) Development for the purpose of a place of public worship is permitted with development consent.
70 Use of certain land at 182 High Street, Willoughby North
(1) This clause applies to land at 182 High Street, Willoughby North, being Lot 1, DP 101556.(2) Development for the purpose of a place of public worship is permitted with development consent.
71 Use of certain land at 31 McClelland Street, Willoughby North
(1) This clause applies to land at 31 McClelland Street, Willoughby North, being Lot A, DP 169084.(2) Development for the purpose of a place of public worship is permitted with development consent.
72 Use of certain land at 10 Herbert Street, St Leonards
(1) This clause applies to certain land at 10 Herbert Street, St Leonards that comprises part of Lot C, DP 401303, identified as “Area 12” on the Floor Space Ratio Map.(2) Development for the purpose of a hospital is permitted with development consent.
73 Use of certain land at 17 Smith Street, Chatswood
(1) This clause applies to land at 17 Smith Street, Chatswood, being Lot 101, DP 714477.(2) Development for the purposes of a supermarket or a supermarket and liquor store is permitted with development consent.(3) Development consent under subclause (2) must not be granted unless the consent authority is satisfied that—(a) the floor space ratio of that part of the building on the site that is to be used for the purposes of the proposed development will not exceed 1.1:1, or(b) the gross floor area of that part of the building on the site that is to be used for the purposes of the proposed development will not exceed 4,815m2.
74 Use of certain land at 12 Frederick Street, St Leonards
(1) This clause applies to certain land at 12 Frederick Street, St Leonards that comprises part of Lot 1, DP 591747, identified as “Area 11” on the Floor Space Ratio Map.(2) Development for the purpose of a hospital is permitted with development consent.
75 Use of certain land at 100 Edinburgh Road, Castlecrag
(1) This clause applies to Lot 11, DP 611594, 100 Edinburgh Road, Castlecrag.(2) Development for the purposes of residential flat buildings is permitted with development consent if the consent authority is satisfied—(a) at least 20% of the gross floor area of the building will not be used for the purposes of residential accommodation or serviced apartments, and(b) at least 75% of the gross floor area of the ground floor of the building will not be used for the purposes of residential accommodation or serviced apartments.
76 Use of certain land at 92–96 Victoria Avenue, North Willoughby
(1) This clause applies to Lots 5–7, DP 809, 92–96 Victoria Avenue, North Willoughby.(2) Development for the purposes of multi dwelling housing is permitted with development consent.
sch 1: Am 2014 (368), Sch 1 [4]; 2016 (117), cl 5 (2); 2016 No 27, Sch 2.57; 2016 (456), cl 4; 2017 (37), cl 4 (1) (2); 2017 (180), Sch 1 [4]; 2017 (327), Sch 1 [14]–[16]; 2017 (493), Sch 1.2 [1]; 2018 (109), cl 5 (2); 2018 (488), Sch 1.2; 2021 (504), Sch 1[5] [6]; 2023 (292), Sch 1[3]; 2023 (373), Sch 1[23]–[37]; 2023 (460), Sch 1[4]; 2024 (64), Sch 1[4]–[6].
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.
Power poles for electricity supply on private land
(1) Must comply with the electricity supplier’s requirements.(2) Maximum 1 pole per property.
Signage—Council signage
Must be signage that is—(a) on Council owned or controlled land, and(b) located on bus shelters, telephone booths, seats, bins, meters, notice boards or similar structures, and(c) on freestanding display panels less than 4m2 in area.
Signage—general requirements
(1) Must relate to the land on which the signage is located or to premises on the land and specify one or more of the following particulars—(a) the purpose for which the land or premises is or are used,(b) the identification of a person residing or carrying on an occupation or business on the land or premises,(c) a description of an occupation or business referred to in paragraph (b),(d) particulars of the goods or services dealt with or provided on the land or premises.(2) (Repealed)(3) Must not be located on a site occupied by a heritage item.
Special events and temporary use of land (for community events, such as Christmas carol concerts, parades, street fetes, etc)
(1) Must take place on a road, school, place of public worship, hospital, public land or land that is in Zone RE1 Public Recreation or Zone RE2 Private Recreation.(2) Must provide sufficient sanitary facilities for patrons and staff.(3) Operator must have made arrangements for the collection, by an authorised trade waste contractor, of waste and recyclable materials that are generated by the event or use.(4) Each stall and vendor must be registered with the Council before the event starts.(5) Must have obtained any necessary approval to stage the event.Note—The proposed event or temporary use may involve activities that require approvals under the Local Government Act 1993. Such activities include closure of public roads, temporary structures, food stalls, mobile food vendors, activities on community land, certain amusement devices and public entertainment. Consultation with the Council will assist in identifying any requirements before organising such activities.
sch 2: Am 2020 (501), Sch 2.12; 2023 (373), Sch 1[38].
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
(When this Plan was made this Part was blank)Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1 | Column 2 |
Locality | Description |
1/7 Herbert Street, St Leonards | Lot 174, SP 69609 |
5/7 Herbert Street, St Leonards | Lot 178, SP 69609 |
6/7 Herbert Street, St Leonards | Lot 179, SP 69609 |
11/7 Herbert Street, St Leonards | Lot 184, SP 69609 |
5/9 Herbert Street, St Leonards | Lot 98, SP 69609 |
6/9 Herbert Street, St Leonards | Lot 99, SP 69609 |
7/13 Herbert Street, St Leonards | Lot 25, SP 67931 |
12/13 Herbert Street, St Leonards | Lot 30, SP 67931 |
14/13 Herbert Street, St Leonards | Lot 32, SP 67931 |
15/13 Herbert Street, St Leonards | Lot 33, SP 67931 |
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Barton Road, Artarmon | Lots 14 and 15, DP 4639 | Nil |
Tingha Street, Chatswood | Part of Lot 5, DP 69948 and part of Currey Park, being land approximately 6 metres wide and 43 metres long at an indent of the car park structure (between 2 fire escapes from the Albert Avenue car park) | Nil |
Part 3 Land classified, or reclassified, as community land
Column 1 | Column 2 |
Locality | Description |
Nil |
sch 4: Am 2017 (327), Sch 1 [17].
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb | Item name | Address | Property description | Significance | Item no |
Artarmon | Artarmon Bowling Club | 1A Burra Road | Lot 2, DP 856286 | Local | I254 |
Artarmon | Industrial building (including surviving industrial elements) | 1 Frederick Street | Part of Lot 12, DP 230974 | Local | I1 |
Artarmon | House (including original interiors) | 12 Harden Road | Lots 2 and 3, DP 4951 | Local | I2 |
Artarmon | House (including original interiors) | 32 Kitchener Road | SP 67825 | Local | I3 |
Artarmon | House “Windsor Gardens” (including original interiors and garden) | 244–264 Mowbray Road | Part of Lot 100, DP 832570 | State | I84 |
Artarmon | Chatswood Zone Substation No 80 (building only) | Part of 348 Mowbray Road | Lots 1 and 2, Section C, DP 4048 | Local | I4 |
Artarmon | Two reservoirs (structures only, known as “Chatswood Reservoirs”) | 366 Mowbray Road (corner Pacific Highway) | Part of Lot 1, DP 1036470 | State | I5 |
Artarmon | Former stables | TAFE College Grounds, Westbourne Street (also known as 213 Pacific Highway) | Part of Lot 101, DP 1075748 | Local | I149 |
Artarmon | Gateway entry pylons | Part of 215 Pacific Highway | Part of Lot 1, DP 1081652 | Local | I6 |
Artarmon | Footings of the former transmission tower | Part of 215 Pacific Highway | Part of Lot 1, DP 1081652 | Local | I7 |
Artarmon | Communications tower (excluding all ancillary buildings and structures and tower attachments) | 217 Pacific Highway | Part of Lot B, DP 444493 | Local | I8 |
Artarmon | House (including original interiors) | 6 Pyrl Road | Lot B, DP 388344 | Local | I10 |
Artarmon | House (including original interiors) | 50 Sydney Street | Lot 2, DP 115546; Lot 2, Section Q, DP 4350 | Local | I122 |
Artarmon | Group of shops and the Wilkes Avenue Plaza | 1, 3 and 7 Wilkes Avenue and 22 Elizabeth Street | Lots 1 and 2, DP 11092; Lot 1, DP 33702; Lot 1, DP 166628 | Local | I11 |
Castle Cove | House (including original interiors) | 234 Boundary Street | Lot 1, DP 558670 | Local | I187 |
Castle Cove | Castle and curtilage “Innisfallen Castle” (including original interiors and grounds, surviving elements of the original gardens, lawns, driveway, stone edgings and walls) | 14 Cherry Place | Lot 35, DP 235319 | State | I12 |
Castle Cove | Dr Basser House (including original interiors) | 11 Padulla Place | Lot 429, DP 31069 | Local | I246 |
Castlecrag | Griffin Centre | 120 Edinburgh Road | Lot 1, DP 591269 | Local | I253 |
Castlecrag | House (including original interiors) | 136 Edinburgh Road | Lot 1, DP 847190 | Local | I13 |
Castlecrag | House (including original interiors, garden and front fence, gateway) | 139–143 Edinburgh Road | Lot B, DP 388113; Lots 153–155, DP 12497 | Local | I14 |
Castlecrag | House (including original interiors) | 140 Edinburgh Road | Lot B, DP 373118 | Local | I15 |
Castlecrag | House (including original interiors) | 144 Edinburgh Road | Lot 61, DP 11138; Lot 1, DP 315876 | Local | I16 |
Castlecrag | Hospital (including palms) | 150 Edinburgh Road | Lot 1, DP 701559 | Local | I17 |
Castlecrag | House (including original interiors) | 156 Edinburgh Road | Lot 1, DP 334163 | Local | I18 |
Castlecrag | House (including original interiors) | 158 Edinburgh Road | Lot 99, DP 11138 (subject to drainage easement) | Local | I19 |
Castlecrag | House (including original interiors) | 173 Edinburgh Road | Lot A, DP 374516 | Local | I20 |
Castlecrag | House (including original interiors) | 183 Edinburgh Road | Lot 219, DP 12497 | Local | I21 |
Castlecrag | House (including original interiors, garden elements, front fence and driveway) | 215 Edinburgh Road | Lot C, DP 362191 | Local | I22 |
Castlecrag | Waterfront cottage (including original interiors and seawall) | Rear of 217 Edinburgh Road | Part of Lot 1, DP 803334 | Local | I23 |
Castlecrag | Waterfront cottage (including original interiors and seawall) | 225 Edinburgh Road | Part of Lot 101, DP 575195 | Local | I24 |
Castlecrag | Waterfront cottage (including original interiors, seawall and remains of sea bath) | 233 and 233A Edinburgh Road | Lot 1, DP 433035; part of Lot 22, DP 868610 | Local | I25 |
Castlecrag | House (including original interiors) | 265 Edinburgh Road | Lot A, DP 380698 | Local | I26 |
Castlecrag | Waterfront cottage (including original interiors and seawall) | Rear of 299 Edinburgh Road | Part of Lot C, DP 394155 | Local | I27 |
Castlecrag | House (including original interiors) | 315 Edinburgh Road | Lot 5, DP 8997 | Local | I28 |
Castlecrag | House (including original interiors, boatshed and remnants of Griffin knitlock structure) | 375 Edinburgh Road | Lot 1, DP 971183 | State | I29 |
Castlecrag | Walter Burley Griffin Memorial Fountain | Corner Sortie Port and Edinburgh Road | Local | I30 | |
Castlecrag | House (including original interiors) | 2 The Barbette | Lot 197, DP 13306 | Local | I31 |
Castlecrag | House (including original interiors) | 4 The Barbette | Lot 196, DP 13306 | Local | I32 |
Castlecrag | House (including original interiors) | 7 The Barbette | Lot 187, DP 14793 | Local | I33 |
Castlecrag | House (including original interiors) | 8 The Barbette | Lot 194A, DP 346940 | State | I34 |
Castlecrag | Haven Amphitheatre | The Barricade, corner The Bulwark | Part land in DP 431880 (DP 2155) | Local | I35 |
Castlecrag | House (including original interiors) | 2 The Bartizan | Lot 389, DP 19826 | Local | I36 |
Castlecrag | House (including original interiors) | 3 The Bastion | Lot 294, DP 13306 | Local | I37 |
Castlecrag | House (including original interiors) | 23 The Bastion | Lot 304, DP 13306 | Local | I38 |
Castlecrag | House (including original interiors) | 6 The Battlement | Lot 2, DP 621816 | Local | I39 |
Castlecrag | Gowing House (including original interiors) | 8 The Bulwark | Lot 2, DP 731215 | Local | I247 |
Castlecrag | House (including original interiors) | 37 The Bulwark | Lot 397, DP 19826 | Local | I40 |
Castlecrag | House (including original interiors) | 80 The Bulwark | Lot 257, DP 19290 | State | I41 |
Castlecrag | Maley House (including original interiors) | 13 The Citadel | Lot 332, DP 1102256; Lot 2, DP 389112 | Local | I248 |
Castlecrag | House (including original interiors) | 15 The Citadel | Lot 331, DP 1115828; Lot 1, DP 389112 | State | I42 |
Castlecrag | House (including original interiors) | 4 The Parapet | Lot 58, DP 11138 | Local | I43 |
Castlecrag | House (including original interiors) | 8 The Parapet | Lot 56, DP 11138 | Local | I44 |
Castlecrag | House (including original interiors) | 10 The Parapet | Lot 55, DP 11138 | Local | I45 |
Castlecrag | House (including original interiors) | 12 The Parapet | Lot 54, DP 11138 | Local | I46 |
Castlecrag | House (including original interiors) | 14 The Parapet | Lot 53, DP 11138 | Local | I47 |
Castlecrag | Community Centre | 10 The Postern | Lot 143, DP 17416 | Local | I48 |
Castlecrag | House (including original interiors) | 12 The Rampart | Lot 158, DP 13141 | Local | I49 |
Castlecrag | Duval House (including original interiors) | 2 The Tor Walk | Lot 2, DP 210277 | Local | I249 |
Castlecrag | Luursema House (including original interiors) | 14 The Tor Walk | Lot Y, DP 417554 | Local | I250 |
Chatswood | Garden of Remembrance | Albert Avenue | Lots 38 and 39, DP 2983; Lot 1, DP 917107; Lot 1, DP 917219; Lot 1, DP 917815 | Local | I236 |
Chatswood | House (including original interiors) | 8 Albert Avenue | Lot B, DP 961772 | Local | I50 |
Chatswood | House (including original interiors) | 28 Albert Avenue | Lot 1, DP 916733 | Local | I51 |
Chatswood | House (including original interiors) | 34 Albert Avenue | Lot 1, DP 917620 | Local | I52 |
Chatswood | House (including original interiors) | 9 Archer Street | Lot 19, Section 3, DP 260 | Local | I53 |
Chatswood | House (including original interiors) | 11 Archer Street | Lot 100, DP 830992 | Local | I54 |
Chatswood | House (including original interiors) | 13 Archer Street | Lot A, DP 346927 | Local | I55 |
Chatswood | House (including original interiors) | 27 Archer Street | Lot 3, DP 19199 | Local | I56 |
Chatswood | Angophora costata (tree) | 63 Archer Street | Lot 1, DP 1055596 | Local | I237 |
Chatswood | Our Lady of Dolours Church (including original interiors) | 94A Archer Street | Lot 1, DP 208427 | Local | I57 |
Chatswood | House (including original interiors) | 105 Archer Street | Lot 1, DP 924124 | Local | I58 |
Chatswood | House (including original interiors) | 107 Archer Street | Lot A, DP 343785 | Local | I59 |
Chatswood | House (including original interiors) | 118 Ashley Street | Lot 1, DP 117011; Lot 1, DP 920963 | Local | I61 |
Chatswood | House (including original interiors) | 6 Beaconsfield Road | Lot B, DP 339468 | Local | I62 |
Chatswood | Holy Trinity Anglican Church (including original interiors) | 46 Beaconsfield Road | Lot 76, DP 14213 | Local | I63 |
Chatswood | House (including original interiors) | 17 Beauchamp Avenue | Lot 1, DP 203579 | Local | I64 |
Chatswood | House (including original interiors) | 21 Beauchamp Avenue | Lot 5, DP 17573 | Local | I65 |
Chatswood | House (including original interiors) | 9 Centennial Avenue | Lot D, DP 336587 | Local | I245 |
Chatswood | House (including original interiors) | 19 Centennial Avenue | Lot B, DP 359068 | Local | I66 |
Chatswood | House (including original interiors) | 60 Centennial Avenue | Lot A, DP 105454 | Local | I67 |
Chatswood | House (including original interiors) | 4 Chapman Avenue | Part of Lot 1, DP 1055517 | Local | I68 |
Chatswood | House (including original interiors) | 4 Daisy Street | Lot 1, DP 935969 | Local | I69 |
Chatswood | House (including original interiors) | 6 Daisy Street | Lot 1, DP 936234 | Local | I70 |
Chatswood | House (including original interiors) | 8 Daisy Street | Lot 230, DP 2934; Lot 1, DP 726399 | Local | I71 |
Chatswood | House (including original interiors) | 21 Daisy Street | Lot 210, DP 2934 | Local | I72 |
Chatswood | House (including original interiors) | 8 Devonshire Street | Lot B, DP 382883 | Local | I73 |
Chatswood | House (including original interiors) | 30 Edgar Street | Lot 1, DP 322339 | Local | I135 |
Chatswood | House (including original interiors) | 3 Fry Street | Lot A, DP 387142 | Local | I196 |
Chatswood | House (including original interiors) | 24 Fullers Road | Lot A, DP 389697 | Local | I74 |
Chatswood | House (including original interiors) | 102 Fullers Road | Lot X, DP 407569 | Local | I141 |
Chatswood | House (including original interiors) | 24 Goodchap Road | Lot 3, DP 15212 | Local | I145 |
Chatswood | House (including original interiors) | 29 Greville Street | Lots 2 and 3, DP 412489 | Local | I75 |
Chatswood | Former National Acoustic Laboratory | 126 Greville Street | Lot 1, DP 532353 | Local | I251 |
Chatswood | House (including original interiors) | 43 Hercules Street | Lot 2, DP 555991 | Local | I76 |
Chatswood | House (including original interiors) | 22 Holland Street | Lots 13 and 14, DP 4312 | Local | I77 |
Chatswood | House (including original interiors) | 15 Johnson Street | Lot B, DP 335852 | Local | I78 |
Chatswood | House (including original interiors) | 17 Johnson Street | Lot A, DP 335852 | Local | I79 |
Chatswood | House (including original interiors) | 34 Johnson Street | Lot 1, DP 882767 | Local | I80 |
Chatswood | House (including original interiors, Bunya Pine and Moreton Bay Fig) | 18 Kareela Road | Lot 1, DP 1058437 | Local | I146 |
Chatswood | Terrace house (including original interiors) | 8–10 Moriarty Road | Lots A and B, DP 106994 | Local | I147 |
Chatswood | House (including original interiors) | 235 Mowbray Road | Lot 21, DP 813764 | Local | I82 |
Chatswood | House (including original interiors) | 237 Mowbray Road | Lot 100, DP 833865 | Local | I83 |
Chatswood | House (including original interiors) | 245 Mowbray Road | Lot 2, DP 311166 | Local | I85 |
Chatswood | House (including original interiors) | 251 Mowbray Road | Lot 1, DP 209041 | Local | I86 |
Chatswood | House (including original interiors) | 253 Mowbray Road | Lot 1, DP 3310 | Local | I87 |
Chatswood | House (including original interiors) | 267 Mowbray Road | Lot 2, DP 304870 | Local | I88 |
Chatswood | House (including original interiors) | 271 Mowbray Road | Lot 3, DP 924988 | Local | I89 |
Chatswood | House (including original interiors) | 277 Mowbray Road | Lot C, DP 14082 | Local | I90 |
Chatswood | House (including original interiors and front fence) | 283 Mowbray Road | Lot B, DP 348762; Lot 1, DP 922402 | Local | I91 |
Chatswood | House and curtilage “Hilton” (including original interiors, driveway and front fence) | 315 Mowbray Road | Lots 1–3, Section 1, DP 974995; Lot 1, DP 924466 | State | I92 |
Chatswood | House (including original interiors) | 317 Mowbray Road | Lot 1, DP 954816 | Local | I93 |
Chatswood | House (including original interiors) | 321 Mowbray Road | Lot 2, DP 813850 | Local | I94 |
Chatswood | House (including original interiors) | 333 Mowbray Road | Lot 3, DP 4031 | Local | I95 |
Chatswood | Mowbray House and 10m curtilage | 339 Mowbray Road | Part of Lot 2, DP 221896 | Local | I96 |
Chatswood | House (including original interiors) | 13 Neridah Street | Lot 1, DP 982553 | Local | I97 |
Chatswood | House (including original interiors) | 15 Neridah Street | Lot B, DP 417399 | Local | I98 |
Chatswood | House (including original interiors) | 17 Neridah Street | Lot A, DP 417399 | Local | I99 |
Chatswood | House (including original interiors) | 22 Neridah Street | Lot 1, DP 508849 | Local | I100 |
Chatswood | House (including original interiors) | 23 Neridah Street | Lot 40, DP 2034; Lot B, DP 341250 | Local | I101 |
Chatswood | House (including original interiors) | 28 Neridah Street | Lot 1, DP 785397 | Local | I102 |
Chatswood | House (including original interiors) | 34 Neridah Street | Lot C, DP 330020 | Local | I103 |
Chatswood | House (including original interiors) | 37 Neridah Street | Lot 47, DP 2034; Lot 48, DP 2034; Lot A, DP 342657 | Local | I104 |
Chatswood | House (including original interiors) | 2 Orchard Road | Lots 1 and 2, DP 85482 | Local | I105 |
Chatswood | Chatswood Public School | Corner Pacific Highway and Centennial Avenue | Lot 1, DP 812207; Lot C, DP 346499 | Local | I106 |
Chatswood | Great Northern Hotel (including original interiors) | 522 Pacific Highway | Lot 1, DP 799314 | Local | I107 |
Chatswood | Old Fire Station | 767 Pacific Highway | Lot 6, DP 2983 | Local | I238 |
Chatswood | Boarding house (including original interiors) | 850 Pacific Highway | Lot C, DP 335744 | Local | I108 |
Chatswood | Commercial buildings | 923 and 989 Pacific Highway | Part of Lot 1, DP 846943; Lot 1, DP 34636 | Local | I109 |
Chatswood | House (including original interiors) | 7 Robinson Street | Lot 2, DP 203484 | Local | I110 |
Chatswood | House (including original interiors) | 11 Robinson Street | Lot B, DP 375593 | Local | I111 |
Chatswood | House (including original interiors) | 13 Robinson Street | Lot 2, DP 536737 | Local | I112 |
Chatswood | House (including original interiors) | 17 Robinson Street | Lot 1, DP 531332 | Local | I113 |
Chatswood | House (including original interiors) | 21 Robinson Street | Lot 7, Section 10, DP 2300; Lot 1, DP 727363 | Local | I114 |
Chatswood | House (including original interiors) | 24 Robinson Street | Lot 2, DP 502991 | Local | I115 |
Chatswood | House (including original interiors) | 26 Robinson Street | Lot 1, DP 514424 | Local | I116 |
Chatswood | House (including original interiors) | 27 Robinson Street | Lot 1, DP 777949 | Local | I117 |
Chatswood | House (including original interiors) | 28 Robinson Street | Lot 1, DP 545971 | Local | I118 |
Chatswood | House (including original interiors) | 29 Robinson Street | Lot 1, DP 624381 | Local | I119 |
Chatswood | House (including original interiors) | 2 Rose Street | Lots X and Y, DP 406803 | Local | I120 |
Chatswood | House (including original interiors) | 40 Stanley Street | Lot A, DP 371956 | Local | I121 |
Chatswood | House (including original interiors) | 20 Tulip Street | Lot C, DP 386934 | Local | I129 |
Chatswood | House (including original interiors) | 66 Victoria Avenue | Lot A, DP 400982 | Local | I131 |
Chatswood | Community Hospital | 256 Victoria Avenue | Lot 1, DP 1234620 | Local | I133 |
Chatswood | Orchard Tavern (including original interiors) | 455 Victoria Avenue | Lot I, DP 617551 | Local | I239 |
Chatswood | House (including original interiors) | 6 Wyvern Avenue | Lot A, DP 335285 | Local | I188 |
Chatswood West | House (including original interiors) | 128 Fullers Road | Lot X, DP 418731 | Local | I142 |
Chatswood West | House (including original interiors) | 130 Fullers Road | Lot 1, DP 101867 | Local | I143 |
Chatswood West | House (including original interiors) | 132 Fullers Road | Lot A, DP 340417 | Local | I144 |
Lane Cove North | House (including former dairy and original interiors) | 17 Fitzsimmons Avenue | Lot 18A, DP 391514 | Local | I150 |
Middle Cove | Glenaeon School (including gateway) | 5A Glenroy Avenue | Lot 1, DP 868851 | Local | I151 |
Middle Cove | House (including original interiors) | 19 Heights Crescent | Lot 129, DP 20822 | Local | I235 |
Middle Cove | House (including original interiors) | 17 North Arm Road | Lot 21, DP 27625 | Local | I152 |
Middle Cove | House (including original interiors) | 31 Victoria Avenue | Lot 2, DP 550621 | Local | I130 |
Naremburn | House (including original interiors) | 11 Adolphus Street | Lot 1, DP 825034 | Local | I153 |
Naremburn | House (including original interiors) | 4 Berry Avenue | Lot A, DP 361740 | Local | I154 |
Naremburn | House | 31 Central Street | Lot 6, DP 470 | Local | I155 |
Naremburn | Converted Naremburn Public School and Resources Centre | 10 Dalleys Road; 250 and part of 252 Willoughby Road | Part of Lot 1, DP 270101 and SP 53410; Lot 1, DP 862888; SP 56957; SP 57529 | Local | I156 |
Naremburn | House (including original interiors) | 26 Dawson Street | Lot 17, DP 2233 | Local | I157 |
Naremburn | Dry stone wall and water channel | Off Dawson Street, Flat Rock Gully | Part of Lots 35 and 36, DP 2233 | Local | I158 |
Naremburn | “Fatty” Dawson’s Ruins | Off Dawson Street, Flat Rock Gully | Part of Lot 7, DP 578027 | Local | I159 |
Naremburn | St Leonards Church (including original interiors) | 43 Donnelly Road | Part of Lot 1, DP 115889 | Local | I160 |
Naremburn | House (including original interiors) | 33 Market Street | Lot 141, DP 1133148 | Local | I161 |
Naremburn | House (including original interiors) | 38 Market Street | Lot 1, DP 170113 | Local | I162 |
Naremburn | House (including original interiors) | 40 Market Street | Lot 1, DP 82188 | Local | I163 |
Naremburn | House (including original interiors) | 62 Market Street | Lot 14, DP 470 | Local | I164 |
Naremburn | House (including original interiors) | 29 Marks Street | Lot 1, DP 980279 | Local | I165 |
Naremburn | House (including original interiors) | 4 McBurney Street | Lot 1, DP 205293 | Local | I166 |
Naremburn | House (including original interiors) | 6 McBurney Street | Lot 1, DP 195571 | Local | I167 |
Naremburn | House (including original interiors) | 2 Quarry Street | Lot 1, DP 1012046 | Local | I168 |
Naremburn | House (including original interiors) | 40 Slade Street | Lot 1, DP 79295 | Local | I169 |
Naremburn | House (including original interiors) | 42 Slade Street | Lot 1, DP 85352 | Local | I170 |
Naremburn | House (including original interiors) | 334 West Street | Lot B, DP 392438 | Local | I171 |
Naremburn | St Cuthbert’s Anglican Church (including original interiors) | 205 Willoughby Road | Lots 38, 39 and 40, DP 5751 | Local | I172 |
Naremburn | House (including original interiors) | 248 Willoughby Road | Lot 126, DP 1038878 | Local | I173 |
Naremburn | Group of shops | 272–276 Willoughby Road | Lot B, DP 385463 | Local | I174 |
Naremburn | Shops | 284 and 284A Willoughby Road | Lots 1 and 2, DP 616913 | Local | I175 |
Northbridge | St Phillip Neri School Hall | 65–71 Baringa Road | Part of Lot 1, DP 1022446 | Local | I176 |
Northbridge | Clock tower | Corner Cliff and Strathallen Avenues (public roadway near the Suspension Bridge) | Local | I177 | |
Northbridge | House (including original interiors) | 9 Coorabin Road | Lot 20, DP 11031 | Local | I178 |
Northbridge | Clive Park and Tidal Pool | Sailors Bay Road | Lot 7093, DP 93909; Lot 347, DP 1130320 | Local | I179 |
Northbridge | Northbridge Golf Club and Golf Course | Sailors Bay Road | Part of Lot 688, DP 752067; part of Lot 687, DP 752067 | Local | I180 |
Northbridge | Northbridge Public School, original school Building A | Sailors Bay Road | Part of Lot 362, DP 752067 | Local | I181 |
Northbridge | Northbridge Sailing Club | Sailors Bay Road | Part of Lot 259, DP 752067 | Local | I182 |
Northbridge | House (including original interiors) | 186 Sailors Bay Road | Lot 19, Section 3, DP 7122 | Local | I183 |
Northbridge | Flats (including original interiors) | 266–276 Sailors Bay Road | Lots 3–14, DP 15725 | Local | I184 |
Northbridge | Group of shops | 288–296 Sailors Bay Road | Lots 1–5, DP 306078 | Local | I185 |
Northbridge | Shops and residence | 395 Sailors Bay Road | Lot 1A, DP 372721 | Local | I186 |
Northbridge | Suspension bridge | Strathallen Avenue over Tunks Park | Local | I229 | |
Roseville | House (including original interiors) | 97 Ashley Street | Part of Lot 300, DP 1029909 | Local | I60 |
Roseville | House (including original interiors and grounds) | 5 Findlay Avenue | Lot 2, DP 703121 | Local | I136 |
Roseville | House (including original interiors and grounds) | 16 Findlay Avenue | Lot 1, DP 328766 | Local | I137 |
Roseville | House (including original interiors and circular driveway) | 23 Findlay Avenue | Lot 12, DP 537533 | Local | I138 |
Roseville | House (including original interiors) | 36 Findlay Avenue | Lot 1, DP 964503 | Local | I139 |
Roseville | House (including original interiors) | 40 Findlay Avenue | Lot 12, DP 1030300 | Local | I140 |
Roseville | House (including original interiors) | 59 William Street | Lot 2, DP 215604 | Local | I134 |
St Leonards | Gore Hill Memorial Cemetery | 211 Pacific Highway | Lots 101 and 102, DP 791327 | State | I148 |
St Leonards | Pavilion Wing Building, Block 1B (including original interiors) | Royal North Shore Hospital | Part of Lot 21, DP 863329 | Local | I240 |
St Leonards | Pavilion Wing Building, Block 1A (including original interiors) | Royal North Shore Hospital | Part of Lot 21, DP 863329 | Local | I241 |
St Leonards | Resident Medical Officers (RMO) Building—known as Vanderfield Building (including original interiors) | Royal North Shore Hospital | Part of Lot 21, DP 863329 | Local | I242 |
St Leonards | Anstro—Body Protein Building (including original interiors) | Royal North Shore Hospital | Part of Lot 21, DP 863329 | Local | I243 |
St Leonards | Orthotics Building (including original interiors) | Royal North Shore Hospital | Part of Lot 21, DP 863329 | Local | I244 |
Willoughby | House (including original interiors) | 35 Frenchs Road | Lot 1, DP 848409 | Local | I195 |
Willoughby | House (including original interiors) | 42 High Street | Lot 1, DP 719224 | Local | I197 |
Willoughby | House “Oakville” (including original interiors) | 98 High Street | Lot B, DP 333217 | Local | I198 |
Willoughby | House (including original interiors) | 9 Mann Street | Lot A, DP 151779 | Local | I207 |
Willoughby | House (including original interiors) | 76 Marlborough Road | Lot 35, Section 2, DP 741 | Local | I208 |
Willoughby | St Stephen’s Church (including original interiors) | Corner Mowbray Road and Sydney Street | Lot 5, DP 246192 | Local | I209 |
Willoughby | Willoughby Girls High School | Corner Mowbray Road and Penshurst Street | Lots 1 and 2, DP 782204 | Local | I210 |
Willoughby | House (including original interiors and original fence elements) | 175 Mowbray Road | Lot 10, DP 709494 | Local | I81 |
Willoughby | House and offices (including original interiors) | 4 Oakville Road | Lots 8 and 9, Section B, DP 2631 | Local | I211 |
Willoughby | Shop (including original interiors) | 28 Oakville Road | Lot 1, DP 232462 | Local | I212 |
Willoughby | Willoughby Public School | Oakville Road | Lots 1–12, Section F, DP 2631; Lot 2, DP 74980 | Local | I213 |
Willoughby | House (including original interiors) | 18 Penkivil Street | Lot 13, Section 3, DP 4667 | Local | I214 |
Willoughby | House (including original interiors) | 20 Penkivil Street | Lot 12, Section 3, DP 4667 | Local | I215 |
Willoughby | House (including original interiors) | 22 Penkivil Street | Lot 11, Section 3, DP 4667 | Local | I216 |
Willoughby | House (including original interiors) | 24 Penkivil Street | Lot B, DP 384806 | Local | I217 |
Willoughby | House and curtilage (including former stables “Laurel Bank” and original interiors) | 85–87 Penshurst Street | Lots 1, 2 and 3, Section 2, DP 977087 | State | I218 |
Willoughby | Semi-detached house (including original interiors) | 16 Salisbury Road | Lot 1, DP 719119 | Local | I225 |
Willoughby | Semi-detached house (including original interiors) | 18 Salisbury Road | Lot 2, DP 719119 | Local | I226 |
Willoughby | Incinerator | 2 Small Street | Part of Lot 2, DP 57586 | State | I228 |
Willoughby | Group of shops | 80 Sydney Street | Lot 8, DP 12798 | Local | I123 |
Willoughby | House (including original interiors) | 94 Sydney Street | Lot 1, DP 87567 | Local | I124 |
Willoughby | House (including original interiors) | 96 Sydney Street | Lot 2, DP 556541 | Local | I125 |
Willoughby | Bridge | Willoughby Road over Flat Rock Creek | Local | I232 | |
Willoughby | Group of shops (front facade only) | Part 549–553 Willoughby Road | Part SP 67350; Lot 1, DP 656349; part of Lot C, DP 162380 | Local | I233 |
Willoughby | Bridgeview Hotel (including original interiors) | 576 Willoughby Road | Lot 1, DP 81718; Lot 12, DP 75352 | Local | I234 |
Willoughby East | House (including original interiors) | 9 Edinburgh Road | Lot 58, DP 4151 | Local | I192 |
Willoughby East | Helsham House (including original interiors) | 8 First Avenue | Part of Lot 1, DP 940444 | Local | I252 |
Willoughby East | Telford Lane paving | Between Fourth Avenue and Eastern Valley Way | Local | I194 | |
Willoughby East | House “Tyneside” (including original interiors) | 143 High Street | Lot 1, DP 536418 | Local | I199 |
Willoughby East | House “Rosewall” (including original interiors) | 171 High Street | Lot 1, DP 217775 | Local | I200 |
Willoughby East | Bowling Club House (including original interiors) | Robert Street, Willoughby Park | Part of Lot 7092, DP 93908 | Local | I224 |
Willoughby East | Tresillian Nursing Home (including original interiors) | 2–6 Second Avenue | Lot D, DP 314721 | Local | I227 |
Willoughby East | Chowne Memorial Hall | Warrane Road, Willoughby Park | Part of Lot 7092, DP 93908 | Local | I230 |
Willoughby East | Gates at Willoughby Park | Warrane Road, Willoughby Park | Part of Lot 7092, DP 93908 | Local | I231 |
Willoughby North | House (including original interiors) | 1 Clanwilliam Street | Lot 36, DP 1038700 | Local | I189 |
Willoughby North | House (including original interiors) | 3–5 Clanwilliam Street | Lots 1 and 2, DP 560086 | Local | I190 |
Willoughby North | Uniting Church and Manse (including original interiors) | 10–12 Clanwilliam Street | Lot 1, DP 197947; Lot 1, DP 197948; Lot 1, DP 197949 | Local | I191 |
Willoughby North | House (including original interiors) | 34 Forsyth Street | Lot 1, DP 602895 | Local | I193 |
Willoughby North | House (including original interiors) | 190 High Street | Lot 1, DP 782188 | Local | I201 |
Willoughby North | House (including original interiors) | 206 High Street | Lot 2, DP 192006 | Local | I202 |
Willoughby North | House “Captains Cottage” (including original interiors) | 208 High Street | Lot 1, DP 192006 | Local | I203 |
Willoughby North | House (including original interiors) | 247 High Street | Lot 9, DP 660448 | Local | I204 |
Willoughby North | Shop | 29 Laurel Street | Lot 7, Section 4, DP 1746 | Local | I205 |
Willoughby North | Willoughby Fire Station | 47 Laurel Street | Lot 2, DP 999243 | Local | I206 |
Willoughby North | House (including original interiors) | 105 Penshurst Street | Lot 1, DP 577630 | Local | I219 |
Willoughby North | Baby Health Centre | 191 Penshurst Street | Lots 47 and 48, DP 14241 | Local | I220 |
Willoughby North | House (including original interiors) | 232–234 Penshurst Street | Lots 7 and 8, DP 16622; Parcel Lot 6B, DP 360295 | Local | I221 |
Willoughby North | House (including original interiors) | 238 Penshurst Street | Lot 4, DP 16622 | Local | I222 |
Willoughby North | Hotel Willoughby (including original interiors) | 315 Penshurst Street | Lot 1, DP 105551; Lot 1, DP 1010598 | Local | I223 |
Willoughby North | House (including original interiors) | 98 Sydney Street | Lot 1, DP 75125 | Local | I126 |
Willoughby North | House (including original interiors) | 142A and 142B Sydney Street | SP 76442 | Local | I127 |
Willoughby North | House (including original interiors) | 161 Sydney Street | Lot 1, DP 1080450 | Local | I128 |
Part 2 Heritage conservation areas
Description | Identification on Heritage Map | Significance |
Artarmon | Shown by a heavy red outline and hatched and marked “C1” | Local |
Blue Gum | Shown by a heavy red outline and hatched and marked “C2” | Local |
Findlay and Wyvern Avenues | Shown by a heavy red outline and hatched and marked “C3” | Local |
Griffin | Shown by a heavy red outline and hatched and marked “C4” | Local |
Harwood Avenue | Shown by a heavy red outline and hatched and marked “C5” | Local |
Hollywood Crescent | Shown by a heavy red outline and hatched and marked “C6” | Local |
Horsley Avenue | Shown by a heavy red outline and hatched and marked “C7” | Local |
Naremburn | Shown by a heavy red outline and hatched and marked “C8” | Local |
Naremburn Central Township | Shown by a heavy red outline and hatched and marked “C9” | Local |
North Chatswood | Shown by a heavy red outline and hatched and marked “C10” | Local |
South Chatswood | Shown by a heavy red outline and hatched and marked “C11” | Local |
Willoughby Park | Shown by a heavy red outline and hatched and marked “C12” | Local |
Part 3 Archaeological sites
Suburb | Item name | Address | Property description | Significance | Item no |
Chatswood | Caroma site | 176–194 Victoria Avenue and 17 Septimus Street (bounded by Victoria Avenue, Septimus Street, Albert Avenue and Jacques Street) | Lot 2, DP 1066417; Lot 10, DP 1066417; Lots 1–103, SP 72739 | Local | A1 |
sch 5: Am 2019 (494), cl 5; 2020 (658), Sch 1[1] [2]; 2023 (373), Sch 1[39]–[41].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1 Conservation exclusion zones
(1) Must not be carried out on the following land, except to the extent necessary to gain access to water—(a) land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,(b) vacant Crown land,(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.(2) Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—(a) land declared as an aquatic reserve under the Marine Estate Management Act 2014,(b) land declared as a marine park under the Marine Estate Management Act 2014.Note—Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3 Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5 Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6 Definition
In this Division—intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7 Conservation exclusion zones
(1) Must not be carried out on the following land, except to the extent necessary to gain access to water—(a) land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,(b) vacant Crown land,(c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.Note—Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8 Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11 Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Acid Sulfate Soils Map means the Willoughby Local Environmental Plan 2012 Acid Sulfate Soils Map.
Active Street Frontages Map means the Willoughby Local Environmental Plan 2012 Active Street Frontages Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
Affordable Housing Map means the Willoughby Local Environmental Plan 2012 Affordable Housing Map.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(aaa) agritourism,
(a) aquaculture,
(b) extensive agriculture,
(c) intensive livestock agriculture,
(d) intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
agritourism means the following—
(a) farm gate premises,
(b) farm experience premises.
Note—
Agritourism is a type of agriculture—see the definition of that term in this Dictionary.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—
(a) billiards, pool or other like games, or
(b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a) a retail area for the sale of the products,
(b) the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,
(c) facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where—
(a) each dwelling is attached to another dwelling by a common wall, and
(b) each of the dwellings is on its own lot of land, and
(c) none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that—
(a) provides temporary or short-term accommodation on a commercial basis, and
(b) has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c) provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a) meals are provided for guests only, and
(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c) dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building or place—but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
(a) that provides residents with a principal place of residence for at least 3 months, and
(b) that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c) that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d) used to provide affordable housing, and
(e) if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—whichever distance is the shortest.
(a) a building wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the supporting posts of a carport or verandah roof,
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—but does not include construction of a track, trail or road.
(a) the establishment or maintenance of fire breaks on land, and
(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
(a) that indicates—(i) the name of the person or business, and(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—and includes funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b) a service is provided directly to members of the public on a regular basis,
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land, with access to communal amenities, used for the short term placement of campervans, tents, annexes or other similar portable and lightweight temporary shelters for accommodation and includes a primitive camping ground but does not include—
(a) a caravan park, or
(b) farm stay accommodation.
canal estate development—see clause 2.9.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means an area of land, with access to communal amenities, used for the installation or placement of caravans, or caravans and other moveable dwellings, but does not include farm stay accommodation.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of farm gate premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—but does not include—
(a) a building or place used for the education and care of children that provides any one or more of the following—(i) long day care,(ii) occasional child care,(iii) out-of-school-hours care (including vacation care),(iv) preschool care, or
(b) an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),Note—An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
(c) a building or place used for home-based child care or school-based child care, or
(d) an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f) a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g) a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h) a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
Note—
Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows—
classified road means any of the following—
(a) a main road,
(b) a highway,
(c) a freeway,
(d) a controlled access road,
(e) a secondary road,
(f) a tourist road,
(g) a tollway,
(h) a transitway,
(i) a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
co-living housing means a building or place that—but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
(a) has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
(b) provides occupants with a principal place of residence for at least 3 months, and
(c) has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,
Note—
Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.
commercial farm means a farm on which agriculture is undertaken that is—
(a) on land categorised as farmland under the Local Government Act 1993, section 515, or
(b) a primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, or part of a primary production business, including a business that—(i) was a primary production business, and(ii) has temporarily ceased to be a primary production business because of a natural disaster, including a drought, flood or bush fire.
commercial premises means any of the following—
(a) business premises,
(b) office premises,
(c) retail premises.
community facility means a building or place—but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
(a) owned or controlled by a public authority or non-profit community organisation, and
(b) used for the physical, social, cultural or intellectual development or welfare of the community,
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b) any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
Council means the Willoughby City Council.
creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.
Note—
Creative industries are a type of light industry—see the definition of that term in this Dictionary.
crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place contains an associated building for conducting memorial services.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.
Note—
Data centres are a type of high technology industry—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
Dual Occupancy Restriction Map means the Willoughby Local Environmental Plan 2012 Dual Occupancy Restriction Map.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a) a centre-based child care facility,
(b) home-based child care,
(c) school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
(a) provides temporary or short-term accommodation to visitors on a commercial basis, and
(b) is located in or adjacent to an area with special ecological or cultural features, and
(c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a) a school, or
(b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a) making or generating electricity, or
(b) electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a) Ambulance Service of New South Wales,
(b) Fire and Rescue NSW,
(c) NSW Rural Fire Service,
(d) NSW Police Force,
(e) State Emergency Service,
(f) New South Wales Volunteer Rescue Association Incorporated,
(g) New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
(a) any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c) anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b) the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c) bee keeping,
(d) a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm experience premises means a building or place—
(a) on a commercial farm, and
(b) ancillary to the farm, and
(c) used to provide visitors to the farm, on a commercial basis, with small-scale and low-impact tourist or recreational activities, including the following, but not including motor sports—(i) horse riding,(ii) farm tours,(iii) functions or conferences,(iv) farm field days.
Note—
Farm experience premises are a type of agritourism—see the definition of that term in this Dictionary.
farm gate premises—
(a) means a building or place—(i) on a commercial farm, and(ii) ancillary to the farm, and(iii) used to provide visitors to the farm, on a commercial basis, with agricultural products predominantly from the farm, supplemented by products from other farms in the region, or with services or activities related to the products, including the following—(A) processing, packaging and sale of the products, but not the processing of animals,(B) the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,(C) tastings or workshops,(D) the provision of information or education related to the products, and
(b) includes cellar door premises.
Note—
Farm gate premises are a type of agritourism—see the definition of that term in this Dictionary.
farm stay accommodation means a building or place—
(a) on a commercial farm, and
(b) ancillary to the farm, and
(c) used to provide temporary accommodation to paying guests of the farm, including in buildings or moveable dwellings.
Note—
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a) the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b) the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a) still photography, or
(b) recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c) recording images as a visitor or tourist for non-commercial purposes, or
(d) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)Fish includes—(a) oysters and other aquatic molluscs, and(b) crustaceans, and(c) echinoderms, and(d) beachworms and other aquatic polychaetes.
(3)Fish also includes any part of a fish.
(4)However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Willoughby Local Environmental Plan 2012 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a) a restaurant or cafe,
(b) take away food and drink premises,
(c) a pub,
(d) a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
foreshore area means the land identified as “Foreshore Area” on the Foreshore Building Line Map.
Foreshore Building Line Map means the Willoughby Local Environmental Plan 2012 Foreshore Building Line Map.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b) pets and pet supplies,
(c) fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—see the definition of that term in this Dictionary.
green infrastructure means the network of green spaces, natural systems and semi-natural systems that support sustainable communities and includes waterways, bushland, tree canopy and green ground cover, parks and open spaces.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—but excludes—
(a) the area of a mezzanine, and
(b) habitable rooms in a basement or an attic, and
(c) any shop, auditorium, cinema, and the like, in a basement or attic,
(d) any area for common vertical circulation, such as lifts and stairs, and
(e) any basement—(i) storage, and(ii) vehicular access, loading areas, garbage and services, and
(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g) car parking to meet any requirements of the consent authority (including access to that car parking), and
(h) any space used for the loading or unloading of goods (including access to it), and
(i) terraces and balconies with outer walls less than 1.4 metres high, and
(j) voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a) a medical centre,
(b) community health service facilities,
(c) health consulting rooms,
(d) patient transport facilities, including helipads and ambulance facilities,
(e) hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a) a hazardous storage establishment,
(b) a liquid fuel depot,
(c) an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—It may also involve the use of a hazardous storage establishment or offensive storage establishment.
(a) hazardous industry, or
(b) offensive industry.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Willoughby Local Environmental Plan 2012 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage conservation area, and
(b) the location and nature of which is described in Schedule 5,
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a) a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b) an assessment of the impact that proposed development will have on that significance, and
(c) proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a) a heritage conservation management plan, or
(b) a heritage impact statement, or
(c) any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Willoughby Local Environmental Plan 2012 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—and includes a data centre, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
(a) electronic or micro-electronic systems, goods or components,
(b) information technology (such as computer software or hardware),
(c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d) biological, pharmaceutical, medical or paramedical systems, goods or components,
(e) film, television or multi-media technologies, including any post production systems, goods or components,
(f) telecommunications systems, goods or components,
(g) sustainable energy technologies,
(h) any other goods, systems or components intended for use in a science or technology related field,
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a) a restaurant or cafe,
(b) take away food and drink premises,
(c) service stations and facilities for emergency vehicle towing and repairs,
(d) parking for vehicles,
(e) rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note 1—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of more than 2 persons other than the residents,
(b) interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d) the exhibition of signage, other than a business identification sign,
(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—but does not include bed and breakfast accommodation or sex services premises.
(a) the employment of more than 2 persons other than the residents,
(b) interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d) the exhibition of signage, other than a business identification sign,
(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any signage (other than a business identification sign), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—but does not include a home business or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c) the exhibition of any signage, or
(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops, kiosks, restaurants or cafes or take away food and drink premises,
(e) patient transport facilities, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
(a) comprises rooms or self-contained suites, and
(b) may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—but does not include a hostel.
(a) used to house seniors or people with a disability, and
(b) containing private facilities for cooking, sleeping and bathing, and
(c) where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,
Note—
Independent living units are a type of seniors housing—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—but does not include a warehouse or distribution centre.
(a) is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b) is situated on the land on which the industry or rural industry is located, and
(c) is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—but does not include—
(a) general industry,
(b) heavy industry,
(c) light industry,
(d) rural industry, or
(e) extractive industry, or
(f) mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
(a) dairies (restricted),
(b) feedlots,
(c) pig farms,
(d) poultry farms,
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b) horticulture,
(c) turf farming,
(d) viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Willoughby Local Environmental Plan 2012 Land Application Map.
Land Reservation Acquisition Map means the Willoughby Local Environmental Plan 2012 Land Reservation Acquisition Map.
Land Zoning Map means the Willoughby Local Environmental Plan 2012 Land Zoning Map.
landholding means an area of land—
(a) constituted or worked as a single property, and
(b) if comprising more than 1 lot—the lots are—(i) contiguous, or(ii) separated only by a road or watercourse.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a) high technology industry,
(b) home industry,
(c) artisan food and drink industry,
(d) creative industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Lot Size Map means the Willoughby Local Environmental Plan 2012 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
manufactured home has the same meaning as in the Local Government Act 1993.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b) any facility for providing fuelling, sewage pump-out or other services for boats,
(c) any facility for launching or landing boats, such as slipways or hoists,
(d) any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e) any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a) has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b) the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
non-residential purposes means land uses other than the following—
(a) residential accommodation,
(b) serviced apartments.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
means—
(a) people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b) people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
primitive camping ground means a camping ground approved under the Local Government Act 1993, Chapter 7, Part 1 as a primitive camping ground.
Note—
Primitive camping ground is a type of camping ground—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b) is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—but does not include tourist and visitor accommodation or caravan parks.
(a) attached dwellings,
(b) boarding houses,
(baa) co-living housing,
(c) dual occupancies,
(d) dwelling houses,
(e) group homes,
(f) hostels,
(faa) (Repealed)
(g) multi dwelling housing,
(h) residential flat buildings,
(i) rural workers’ dwellings,
(j) secondary dwellings,
(k) semi-detached dwellings,
(l) seniors housing,
(m) shop top housing,
residential care facility means accommodation for seniors or people with a disability that includes—but does not include a dwelling, hostel, hospital or psychiatric facility.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling, co-living housing or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided, but does not include the preparation and serving of food and drink to people that occurs as part of—
(a) an artisan food and drink industry, or
(b) farm gate premises.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—but does not include farm gate premises, highway service centres, service stations, industrial retail outlets or restricted premises.
(a), (b) (Repealed)
(c) food and drink premises,
(d) garden centres,
(e) hardware and building supplies,
(f) kiosks,
(g) landscaping material supplies,
(h) markets,
(i) plant nurseries,
(j) roadside stalls,
(k) rural supplies,
(l) shops,
(la) specialised retail premises,
(m) timber yards,
(n) vehicle sales or hire premises,
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—
(a) agricultural produce industries,
(b) livestock processing industries,
(c) composting facilities and works (including the production of mushroom substrate),
(d) sawmill or log processing works,
(e) stock and sale yards,
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note 1—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
Note 2—
School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
secondary dwelling means a self-contained dwelling that—
(a) is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is—and that is, or is intended to be, used permanently for—but does not include a hospital.
(a) a residential care facility, or
(b) a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or
(c) a group of independent living units, or
(d) a combination of any of the buildings or places referred to in paragraphs (a)–(c),
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following—
(a) biosolids treatment facility,
(b) sewage reticulation system,
(c) sewage treatment plant,
(d) water recycling facility,
(e) a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—but does not include a traffic sign or traffic control facilities.
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
Special Provisions Area Map means the Willoughby Local Environmental Plan 2012 Special Provisions Area Map.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
Sun Access Protection Map means the Willoughby Local Environmental Plan 2012 Sun Access Protection Map.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows—
swimming pool means an excavation, structure or vessel—and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—but does not include—
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—but does not include open cut mining.
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means—
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2022 (74), Sch 1[6]; 2023 (373), Sch 1[42].
Maps: Am 2014 (368), cl 4; 2014 (493), cl 4; 2015 (789), cl 4; 2016 (117), cl 4; 2017 (180), cl 4; 2017 (327), cl 4; 2017 (537), cl 4; 2017 (588), cl 4; 2018 (109), cl 4; 2019 (494), cl 4; 2020 (658), cl 4; 2021 (99), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.