Ashfield Local Environmental Plan 1985

Part 1 Preliminary

1 Name of plan

This plan may be cited as Ashfield Local Environmental Plan 1985.

2 Aims, objectives etc

This plan aims to:

(a)  promote the orderly and economic development of the local government area of Ashfield in a manner consistent with the need to protect the environment, and

(b)  retain and enhance the identity of the Ashfield area derived from its role as an early residential suburb with local service industries and retail centres; and containing the first garden suburb of Haberfield (now listed as part of the National Estate).

cl 2: Subst 11.9.1998.

3 Land to which plan applies

This plan applies to the whole of the land within the Municipality of Ashfield as shown on the map with boundaries as indicated on the map.

4 Relationship to other environmental planning instruments

This plan:

(a)  amends the County of Cumberland Planning Scheme Ordinance in the manner set out in clause 5, and

(b)  repeals Interim Development Order Nos 1 and 2—Municipality of Ashfield.

5 Amendment of the County of Cumberland Planning Scheme Ordinance

The County of Cumberland Planning Scheme Ordinance is amended by omitting from clause 4 the words “applies and the land to which Botany Local Environmental Plan No 11 applies” and by inserting instead the words “Botany Local Environmental Plan No 11 and Ashfield Local Environmental Plan 1985, apply”.

6 Interpretation

(1)  In this plan, except in so far as the context or subject-matter otherwise indicates or requires:

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

appointed day means the day on and from which this plan takes effect.

bed and breakfast accommodation means the use of an existing lawful dwelling by its permanent residents to provide temporary accommodation of visitors for commercial purposes.

bulky goods salesroom or showroom means a building or place used primarily for the sale by retail or auction, the hire or the display of items (whether goods or materials) which are of such a size, shape or weight as to require:

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

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

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

change of building use has the same meaning as in the Environmental Planning and Assessment Act 1979.

council means the Council of the Municipality of Ashfield.

county road means land indicated on the map by:

(a)  a continuous black line on white between heavy black lines,

(b)  a broken red band between heavy broken black lines, or

(c)  a broken red band between a heavy black line and a heavy broken black line.

demolition has the same meaning as in the Environmental Planning and Assessment Act 1979.

floor space ratio, in relation to a building, means the ratio of the gross floor area of the building to the site area of the land on which that building is or is proposed to be erected.

mixed development means development that results in the existence of a dwelling, dwelling-house or residential flat building on the same allotment of land within a business zone as a building used or intended to be used for another purpose permitted in that zone, whether or not the dwelling, dwelling-house or residential flat building:

(a)  is attached to that building, or

(b)  is used in conjunction with any other use permitted in the zone.

recreation area means:

(a)  a children’s playground,

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

(c)  an area used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d)  an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include racecourses and showgrounds.

subdivision of land has the same meaning as in the Environmental Planning and Assessment Act 1979.

taxi-cab base means a place where taxi-cabs are stored, serviced or repaired, and from where a fleet of taxi-cabs is managed.

the map means the map marked “Ashfield Local Environmental Plan 1985” as amended by the maps marked as follows:

Editorial note—

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

Ashfield Local Environmental Plan 1985 (Amendment No 1)

Ashfield Local Environmental Plan 1985 (Amendment No 2)

Ashfield Local Environmental Plan 1985 (Amendment No 3)

Ashfield Local Environmental Plan 1985 (Amendment No 5)

Ashfield Local Environmental Plan 1985 (Amendment No 6)

Ashfield Local Environmental Plan 1985 (Amendment No 8)

Ashfield Local Environmental Plan 1985 (Amendment No 9)

Ashfield Local Environmental Plan 1985 (Amendment No 10)

Ashfield Local Environmental Plan 1985 (Amendment No 11)

Ashfield Local Environmental Plan 1985 (Amendment No 12)

Ashfield Local Environmental Plan 1985 (Amendment No 14)

Ashfield Local Environmental Plan 1985 (Amendment No 15)

Ashfield Local Environmental Plan 1985 (Amendment No 17)

Ashfield Local Environmental Plan 1985 (Amendment No 19)

Ashfield Local Environmental Plan 1985 (Amendment No 21)

Ashfield Local Environmental Plan 1985 (Amendment No 22)

Ashfield Local Environmental Plan 1985 (Amendment No 23)

Ashfield Local Environmental Plan 1985 (Amendment No 24)

Ashfield Local Environmental Plan 1985 (Amendment No 25)

Ashfield Local Environmental Plan 1985 (Amendment No 26)

Ashfield Local Environmental Plan 1985 (Amendment No 27)

Ashfield Local Environmental Plan 19885 (Amendment No 29)

Ashfield Local Environmental Plan 1985 (Amendment No 30)

Ashfield Local Environmental Plan 1985 (Amendment No 33)

Ashfield Local Environmental Plan 1985 (Amendment No 34)

Ashfield Local Environmental Plan 1985 (Amendment No 35)

Ashfield Local Environmental Plan 1985 (Amendment No 36)

Ashfield Local Environmental Plan 1985 (Amendment No 37)

Ashfield Local Environmental Plan 1985 (Amendment No 38)

Ashfield Local Environmental Plan 1985 (Amendment No 39)

Ashfield Local Environmental Plan 1985 (Amendment No 40)

Ashfield Local Environmental Plan 1985 (Amendment No 41)

Ashfield Local Environmental Plan 1985 (Amendment No 45)

Ashfield Local Environmental Plan 1985 (Amendment No 47)

Ashfield Local Environmental Plan 1985 (Amendment No 48)

Ashfield Local Environmental Plan 1985 (Amendment No 49)

Ashfield Local Environmental Plan 1985 (Amendment No 52)—Sheet 2 (Pages 1 and 2)

Ashfield Local Environmental Plan 1985 (Amendment No 57)

Ashfield Local Environmental Plan 1985 (Amendment No 60)

Ashfield Local Environmental Plan 1985 (Amendment No 65)

Ashfield Local Environmental Plan 1985 (Amendment No 69)

Ashfield Local Environmental Plan 1985 (Amendment No 70)

Ashfield Local Environmental Plan 1985 (Amendment No 71)—Sheet 1

Ashfield Local Environmental Plan 1985 (Amendment No 72)—Sheet 1

Ashfield Local Environmental Plan 1985 (Amendment No 74)

Ashfield Local Environmental Plan 1985 (Amendment No 75)

Ashfield Local Environmental Plan 1985 (Amendment No 76)

Ashfield Local Environmental Plan 1985 (Amendment No 79)

Ashfield Local Environmental Plan 1985 (Amendment No 81)

Ashfield Local Environmental Plan 1985 (Amendment No 82)

Ashfield Local Environmental Plan 1985 (Amendment No 86)

Ashfield Local Environmental Plan 1985 (Amendment No 90)

Ashfield Local Environmental Plan 1985 (Amendment No 102)

Ashfield Local Environmental Plan 1985 (Amendment No 104)

Ashfield Local Environmental Plan 1985 (Amendment No 114)—Sheets 1–6

(1A)  The following terms have the same meaning in this plan as they have in the Environmental Planning and Assessment Act 1979:

building

Building Code of Australia

building work

certifying authority

complying development

complying development certificate

exempt development

local development

prohibited development

(2)  In this plan, except in so far as the context or subject-matter otherwise indicates or requires, a reference:

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

(b)  to a map is a reference to a map deposited in the office of the council, and

(c)  to land within a zone specified in the table to clause 10 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.

cl 6: Am 14.2.1986; 28.11.1986; 12.12.1986; 24.12.1986; 27.3.1987; 15.5.1987; 4.9.1987; 20.11.1987; 4.3.1988; 2.12.1988; 3.2.1989; 16.2.1990; 17.8.1990; 26.10.1990; 1.3.1991; 10.5.1991; 2.8.1991; 30.8.1991; 20.9.1991; 31.1.1992; 26.6.1992; 21.8.1992; 23.4.1993; 4.6.1993; 16.7.1993; 23.7.1993; 20.8.1993; 3.12.1993; 17.12.1993; 21.1.1994; 6.5.1994; 20.5.1994; 2.9.1994; 22.9.1995; 31.5.1996; 4.10.1996; 14.3.1997; 9.5.1997; 14.11.1997; 27.3.1998; 8.5.1998; 26.6.1998; 17.7.1998; 4.9.1998; 30.10.1998; 30.4.1999; 10.9.1999; 22.10.1999; 14.1.2000; 2.6.2000; 9.6.2000; 20.10.2000; 16.3.2001; 14.5.2004; 2004 No 91, Sch 2.4 [1]; 2006 (678), Sch 1 [1]; 2007 (361), Sch 1 [1].

7 Consent authority

The council shall be the consent authority for the purposes of this plan.

8 Model Provisions

(1)  Except as provided by subclause (2), the Environmental Planning and Assessment Model Provisions 1980, other than the definitions of advertising structure, advertisement, arterial road, map and units for aged persons in clause 4 (1) and clauses 15, 16, 22 and 33, are adopted for the purposes of this plan.

(2)  For the purposes of this plan:

(a)  a reference in the Environmental Planning and Assessment Model Provisions 1980 to an arterial road shall be construed as a reference to a county road, and

(b)  clause 19 of the Environmental Planning and Assessment Model Provisions 1980 shall be adopted as if amended by inserting after the words “service station” the words “or a car repair station”.

cl 8: Am 21.8.1998.

Part 2 General restrictions on development of land

8A Exempt development

(1)  Development listed in Schedule 8 is exempt development, except as provided by subclauses (2) and (3).

(2)  Development is exempt development only if:

(a)  it is of minimal environmental impact, and

(b)  it meets the requirements specified for it in Schedule 8, and

(c)  it is ancillary to an existing lawful use, and

(d)  it does not contravene any condition of a development consent applying to the land, and

(e)  it is contained wholly within the land on which it is carried out, and

(f)  it complies with any relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(g)  it does not obstruct drainage on the site on which it is carried out, and

(h)  it does not restrict any vehicular or pedestrian access to or from the site, and

(i)  it is carried out at least one metre from any easement or public sewer main and complies with the building-over-sewer requirements of Sydney Water Corporation applying to the land, and

(j)  it does not require a tree to be removed, and

(k)  the total hard surface area on the site after it is carried out does not exceed any limit provided in an environmental planning instrument or development control plan applying to the land, and

(l)  it is carried out with the agreement of the owner of the land, and

(m)  if it involves the installation of any article or equipment, the article or equipment is installed to any relevant manufacturer’s specifications, and

(n)  when it is carried out, no dimensional requirement of an environmental planning instrument or development control plan applying to the land is exceeded.

(3)  Development is not exempt development if it is carried out on land that is the site of a heritage item or is in a heritage conservation area.

cl 8A: Ins 16.3.2001.

8B Complying development

(1)  Development listed in Schedule 9 is complying development if:

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

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

except as provided by subclauses (2) and (3).

(2)  Development is complying development only if:

(a)  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b)  it complies with the development standards and other requirements specified in Schedule 9 for the development, and

(c)  it complies with the relevant development standards set for the development by this plan and by any other environmental planning instrument applying to the land, and

(d)  no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and

(e)  it does not contravene any condition of a development consent applying to the land.

(3)  Development is not complying development if it is carried out on land that:

(a)  is within a heritage conservation area or is the site of a heritage item, or

(b)  is a site that has previously been used:

(i)  as a service station, or

(ii)  for waste storage or waste treatment, or

(iii)  for the manufacture of chemicals, asbestos or asbestos products,

and a notice of completion of remediation work for the proposed use has not been given to the council in accordance with State Environmental Planning Policy No 55—Remediation of Land.

(4)  Each complying development certificate is subject to the conditions specified in Schedule 10.

(5)  A complying development certificate is taken to satisfy any requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove an exotic tree under 4 metres high if the carrying out of the complying development necessitates the removal of the tree.

Note—

Section 76A (6) of the Environmental Planning and Assessment Act 1979 says that development cannot be complying development on land that:

(a)  is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or

(b)  is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or

(c)  comprises, or on which there is, an item of environmental heritage:

(i)  that is subject to an interim heritage order under the Heritage Act 1977, or that is listed on the State Heritage Register under that Act, or

(ii)  that is identified as such an item in an environmental planning instrument, or

(d)  identified as an environmentally sensitive area in this plan.

cl 8B: Ins 16.3.2001. Am 2011 (511), Sch 6.1.

9 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall he within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone.

Zone No 2 (a) (Residential Zone)—coloured light scarlet with heavy black edging and lettered “2 (a)”.

Zone No 2 (b) (Residential Zone)—coloured light scarlet with heavy black edging and lettered “2 (b)”.

Zone No 2 (c) (Residential Zone)—coloured light scarlet with heavy black edging and lettered “2 (c)”.

Zone No 3 (a) (General Business Zone)—coloured light blue with heavy black edging and lettered “3 (a)”.

Zone No 3 (b) (Special Business Zone)—coloured light blue with heavy black edging and lettered “3 (b)”.

Zone No 3 (c) (Neighbourhood Business Zone)—coloured dark blue with heavy black edging and lettered “3 (c)”.

Zone No 3 (d) (Business Park)—coloured blue with heavy black edging and lettered “3 (d)”.

Zone No 4 (b) (Light Industrial Zone)—coloured purple with heavy black edging and lettered “4 (b)”.

Zone No 5 (a) (Special Uses, Schools, etc Zone)—coloured Yellow with heavy black edging and lettered “5 (a)”.

Zone No 5 (b) (Special Uses, Railways Zone)—coloured blue purple with heavy black edging and lettered “5 (b)”.

Zone No 6 (a) (Open Space, Existing Recreation Zone)—coloured dark green with heavy black edging and lettered “6 (a)”.

Zone No 6 (b) (Open Space, Private Recreation Zone)—coloured dark green with heavy black edging and lettered “6 (b)”.

Zone No 9 (a) (Local Open Space, Reservation Zone)—coloured light green with heavy black edging and lettered “9 (a)”.

Zone No 9 (b) (County Road, Reservation Zone)—identified by broken red bands between heavy broken black lines and lettered “9 (b)”.

Zone No 9 (c) (County Road Widening Zone)—identified by broken red bands between a heavy black line and a heavy broken black line and lettered “9 (c)”.

Zone No 9 (d) (Special Uses Reservation Zone)—coloured yellow with heavy black edging and lettered “9 (d)”.

Zone No 9 (e) (Local Road Widening Reservation Zone)—coloured grey with heavy black edging and lettered “9 (e)”.

cl 9: Am 26.10.1990; 21.1.1994.

10 Development control table

Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

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

(b)  development may be carried out only with development consent, and

(c)  development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

Table

Zone No 2 (a)   (Residential Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Child care centres; dwelling-houses; educational establishments; home industries; home occupations; hospitals not exceeding one storey in height; open space; places of public worship; professional consulting rooms; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 2 (b)   (Residential Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Child care centres; dwelling-houses; educational establishments; home industries; home occupations; hospitals not exceeding one storey in height; open space; places of public worship; professional consulting rooms; residential flat buildings; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 2 (c)   (Residential Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Boarding-houses; child care centres; dwelling-houses; educational establishments; home occupations; hospitals; open space; professional consulting rooms; places of public worship; public buildings; residential flat buildings; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 3 (a)   (General Business Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Any purpose other than a purpose included in item 3.

3 Prohibited

Caravan parks; car repair stations; dwellings other than those used in conjunction with shops and commercial premises; gas holders; generating works; industries referred to in Schedule 4; liquid fuel depots; mines; motels; motor showrooms; rag collecting and dealing; roadside stalls; stock and sale yards; transport terminals; warehouses; wholesale markets.

Zone No 3 (b)   (Special Business Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Boarding-houses; boat sales and service; caravan sales and service; car repair stations; car wash stations; child care centres; clubs; commercial premises other than those used for rag collecting and dealing; drive-in take-away establishments; dwellings used in conjunction with commercial premises; motels; motor showrooms; open space; parking; public buildings; refreshment rooms; roads; service stations; shops not exceeding 90 square metres in gross floor area referred to in Schedule 3; taverns; tyre sales; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 2.

Zone No 3 (c)   (Neighbourhood Business Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Child care centres; commercial premises other than those used for rag collecting and dealing; dwellings attached to and used in conjunction with commercial premises; open space; parking; public buildings; purposes referred to in Schedule 2; roads; shops; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 2.

Zone No 3 (d)   (Business Park)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Bulkstores; dwellings used in conjunction with industries and situated on the same land as the industries; commercial premises; industries/other than those referred to in Schedule 4; open space; parking; roads; service stations; shops and refreshment rooms which service the convenience needs of the neighbourhood; shops referred to in Schedule 3; utility installations (other than gas holders or generating works); warehouses.

3 Prohibited

Any purposes other than a purpose included in item 1 or 2.

Zone No 4 (b)   (Light Industrial Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Bulkstores; dwellings used in conjunction with industries and situated on the same land as the industries; industries other than those referred to in Schedule 4; open space; parking; roads; service stations; shops referred to in Schedule 3; utility installations (other than gas holders or generating works); video shops; warehouses.

3 Prohibited

Any purpose other than a purpose included in item 2.

Zone No 5 (a)   (Special Uses (Schools etc) Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

The particular purpose indicated by red lettering on the map; drainage; open space; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 2.

Zone No 5 (b)   (Special Uses (Railways) Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings, roads

2 Only with development consent

Any purpose authorised by the Government Railways Act 1912.

3 Prohibited

Any purpose other than a purpose included in item 2.

Zone No 6 (a)   (Open Space (Existing Recreation) Zone)

1 Without development consent

Bushfire hazard control, exempt development, gardening and landscaping (not being purposes which involve the erection of a building).

2 Only with development consent

Bushfire hazard control, gardening and landscaping (being purposes which involve the erection of a building); drainage; recreation areas; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 6 (b)   (Open Space (Private Recreation) Zone)

1 Without development consent

Bushfire hazard control, exempt development, gardening and landscaping (not being purposes which involve the erection of a building).

2 Only with development consent

Bushfire hazard control, gardening and landscaping (being purposes which involve the erection of a building); drainage; recreation areas; roads; utility installations (other than gas holders and generating works).

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 9 (a)   (Local Open Space Reservation Zone)

1 Without development consent

Bushfire hazard control, exempt development, gardening and landscaping (not being purposes which involve the erection of a building); public parks.

2 Only with development consent

Bushfire hazard control, gardening and landscaping (being purposes which involve the erection of a building); drainage; recreation areas; roads; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 9 (b)   (County Roads Reservation Zone)

1 Without development consent

County roads, exempt development.

2 Only with development consent

Drainage; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 9 (c)   (County Road Widening Reservation Zone)

1 Without development consent

Exempt development, widening of existing county roads.

2 Only with development consent

Drainage; utility installations (other than gas holders or generating works.

3 Prohibited

Any purpose other than a purpose included in item 1 or 2.

Zone No 9 (d)   (Special Uses Reservation Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Drainage; open space; roads; the particular purposes indicated by black lettering on the map; utility installations (other than gas holders or generating works).

3 Prohibited

Any purpose other than a purpose included in item 2.

Zone No 9 (e)   (Local Road Widening Reservation Zone)

1 Without development consent

Exempt development, flood mitigation, public utility undertakings, railway undertakings.

2 Only with development consent

Widening of existing local roads.

3 Prohibited

Any purpose other than a purpose included in item 2.

cl 10, table: Am 24.12.1986; 26.10.1990; 21.1.1994; 21.8.1998; 22.10.1999; 16.3.2001; 17.12.2004; 2005 (207), cl 4.

Part 3 Special provisions

10A Development consent required for change of building use and subdivision

(1)  Land to which this plan applies may be subdivided, but only with development consent.

(2)  The following development must not be carried out on land to which this plan applies without development consent:

(a)  change of building use,

(b)  demolition.

cl 10A: Ins 22.10.1999.

11 Dwelling-houses—residential allotment size

(1)  Except as provided by subclause (2), the council shall not consent to development for the purposes of a dwelling-house on an allotment of land within Zone No 2 (a), 2 (b) or 2 (c) unless:

(a)  where the allotment is hatchet-shaped—it has an area of not less than 700 square metres, or

(b)  in any other case:

(i)  the allotment has an area of not less than 500 square metres, and

(ii)  the allotment is not less than 15 metres wide at the front alignment of the proposed dwelling-house.

(2)  The council may consent to the erection of a dwelling-house on an allotment of land which does not comply with subclause (1) where the allotment was in existence as a separate allotment on the appointed day.

(3)  For the purposes of subclause 1 (a), in calculating the area of a hatchet-shaped allotment, the area of any access corridor shall be disregarded.

12 Number of floors in dwelling-houses

(1)  In this clause, floor means any separate level within a building but does not include a level used exclusively for car parking.

(2)  A person shall not erect a dwelling-house which contains more than:

(a)  in the case of land within Zone No 2 (a) or 2 (b)—2 floors, or

(b)  in the case of land within Zone No 2 (c)—3 floors,

except with the consent of the council.

13 Dwelling-houses—dual occupancy

(1)  Subject to subclauses (2) and (3), a person may, with the consent of the Council, within Zone No 2 (a), 2 (b) or 2 (c):

(a)  alter or add to a dwelling-house erected on an allotment so as to create 2 dwellings, or

(b)  erect 2 attached dwellings on an allotment, or

(c)  erect 2 dwelling-houses on an allotment, or

(d)  erect a second dwelling-house in addition to one already erected on an allotment, or

(e)  alter or add to a dwelling-house or to any other building erected on an allotment so as to create 2 dwelling-houses,

if, but only if, not more than 2 dwellings will be on the allotment as a result of the development being carried out.

(2)  Development allowed by this clause may be carried out in a heritage conservation area within the meaning of Part 4 only if that development will result in two attached dwellings.

(3)  The Council may refuse consent for any such development if it considers the proposal will have an adverse impact on the significance of any heritage conservation area or heritage item.

cl 13: Rep 19.6.1987. Ins 14.11.1997.

14–16 (Repealed)

cll 14–16: Rep 14.11.1997.

17 Floor space ratios

(1)  In this clause, building does not include a building used exclusively as a dwelling-house or residential flat building, but includes a building or buildings comprising 2 dwellings only on the same allotment.

(2)  A person shall not, upon an allotment of land within a zone specified in Column 1 of the Table to this clause, erect a building with a floor space ratio that exceeds the ratio set out opposite the zone in Column 2 of that Table.

Table

Column 1	Column 2
Zone	Floor space ratio
2 (a), where within a heritage conservation area	0.5:1
2 (a), where not within a heritage conservation area, 2 (b), 2 (c)	0.75:1
3 (a) if the land is shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”	As provided by clause 17B.
3 (a) if the land is shown edged with an unbroken heavy black line on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 79)”	1.8:1
3 (a) if the land is not shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” or with an unbroken heavy black line on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 79)”.	1:1
3 (b)	0.5:1
3 (c)	0.5:1
3 (d)	1.5:1
4 (b)	1:1

cl 17: Am 14.11.1997.

cl 17, table: Am 26.10.1990. Subst 31.5.1996. Am 14.11.1997; 27.3.1998; 9.6.2000.

17A Height of residential flat buildings

(1)  This clause applies to land within Zone No 2 (b) or 2 (c).

(2)  In this clause:

height, in relation to a building, means the greatest vertical distance (expressed in metres) between any level of the natural surface of the site area on which the building is, or is to be, erected and the ceiling of the topmost habitable floor of the building.

natural surface, in relation to a site area, means the level determined by the council to be the natural surface of the site area.

(3)  The maximum height to which a residential flat building may be erected on land to which this clause applies shall be:

(a)  in the case of a building within Zone No 2 (b)—6 metres, and

(b)  in the case of a building within Zone No 2 (c)—9 metres.

(4)  This clause does not apply to land within Zone No 2 (c) shown edged heavy black and lettered “2 (c)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 79)”.

cl 17A: Ins 24.12.1986. Am 9.6.2000; 24.12.2003.

17B Development of Ashfield Business Centre—Zone No 3 (a) floor space ratio

(1)  This clause applies to land within Zone No 3 (a) that is shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”.

(2)  The Council must not grant consent for buildings on land to which this clause applies if the floor space ratio of the buildings would exceed the base floor space ratio shown for the land on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”, except as provided by subclause (3).

(3)  The Council may consent to a building on a site of land to which this clause applies which is also land shown edged with a broken or unbroken heavy black line on Sheet 3 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” that will result in the gross floor area of the buildings on the site being greater than that allowed by that base floor space ratio by no more than an amount equivalent to the site area, subject to subclause (4).

(4)  The Council may grant a consent pursuant to subclause (3) only if it is satisfied that the additional floor area will be developed as referred to on Sheet 3 of that map in relation to the land concerned and only if the Council is satisfied that the additional development allowed will not result in an adverse impact on any of the following:

(a)  the scale and character of the streetscape,

(b)  the amenity of any existing or potential residential units on neighbouring land,

(c)  sunlight access to surrounding streets, open space and nearby properties,

(d)  wind flow patterns to surrounding streets, open space and nearby properties.

cl 17B: Ins 20.11.1987. Rep 31.5.1996. Ins 27.3.1998. Am 26.6.1998; 9.6.2000.

18 Development for purpose of advertisements

(1) Advertisements allowed only with consent Development for the purpose of an advertisement that is:

(a)  not exempt development, and

(b)  not prohibited development,

may be carried out only with consent.

(2)  Despite any other provision of this plan, development may be carried out with consent for the purpose of an advertisement that directs the travelling public to a specific tourist facility or place of scientific, historic or scenic interest, if the council is satisfied that:

(a)  the principal purpose of the advertisement is to direct the travelling public to that facility or place, and

(b)  the dimensions (including the area) and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

(3) Prohibited advertisements Development for the purpose of an advertisement on land within a Special Uses or Open Space zone is prohibited unless:

(a)  it is exempt development, or

(b)  it is allowed with consent under subclause (2).

(4)  Despite subclause (3), the council may consent to development for the purpose of an advertisement on the land within Zone No 6 (a) known as Pratten Park, provided the advertisement is in accordance with a plan of management adopted under the provisions of section 40 of the Local Government Act 1993.

(5) Definitions In this clause:

area of an advertisement, if in the form of a sign, means the area within the outline of that sign.

tourist facility means an establishment providing holiday accommodation or recreational facilities, or both, on a short-term basis, and may include:

(a)  hotels, motels, bed and breakfast accommodation, serviced apartments, holiday cabins, caravan parks, camping grounds and houseboats, and associated swimming pools, golf courses, tennis courts and marinas, or

(b)  restaurants, or

(c)  souvenir shops, arts and crafts galleries and exhibition centres.

cl 18: Subst 21.8.1998; 16.3.2001.

cl 18, table: Ins 21.8.1998. Rep 16.3.2001.

19 (Repealed)

cl 19: Rep 14.11.1997.

20 Clubs

A person shall not erect or use a building for the purposes of a club which is or is proposed to be registered under the Registered Clubs Act 1976, on an allotment of land within Zone No 3 (a) or 3 (b) unless the allotment:

(a)  has an area of not less than 4 000 square metres, and

(b)  has a frontage to any road of not less than 30 metres.

21 Motor showrooms

A person shall not carry out development for the purposes of a motor showroom on an allotment of land unless:

(a)  where the allotment has a frontage to a main road or county road and has access to another road which is not a main road or county road—vehicular access to the allotment is by means only of that other road,

(b)  the allotment has an area of not less than 1 000 square metres,

(c)  the allotment has a frontage to any road of not less than 30 metres, and

(d)  where the allotment is a corner lot—the council is satisfied that the layout and placement of caravans, boats or motor vehicles (as the case may be) will not obstruct the vision of drivers using any intersection to which the allotment has frontage.

22 Industrial uses

(1)  A person shall not carry out development for the purposes of an industry on an allotment of land within Zone No 4 (b) unless the allotment:

(a)  has an area of not less than 1 000 square metres, and

(b)  has a frontage to any road of not less than 21 metres.

(2)  Nothing in subclause (1) prevents the council from consenting to development for the purposes of an industry on an allotment of land which was in existence as a separate allotment on the appointed day.

23 Setbacks

A person shall not erect or use a building on an allotment of land within Zone No 4 (b):

(a)  for the purposes of any industry—unless the building is not less than 15 metres from the nearest alignment of a main road or county road, or

(b)  for any other purpose—unless the building is not less than 8 metres from the nearest alignment of a main or county road.

24 Parking in Zone No 4 (b)

A person shall not erect a building on an allotment of land within Zone No 4 (b) unless:

(a)  provision is made on the allotment for car parking spaces at the rate of either:

(i)  1 parking space for every 2 employees of the occupier or proposed occupier of the allotment, or

(ii)  1 parking space for every 46 square metres of gross floor area of the building,

whichever results in the greater number of parking spaces being provided, and

(b)  that part of the site not occupied by buildings is landscaped to the satisfaction of the council.

24A Markets on land within Zone No 5 (a)

(1)  This clause applies to land in Zone No 5 (a) that is zoned as follows:

(a)  Special Uses (Church),

(b)  Special Uses (Church and School),

(c)  Special Uses (School),

(d)  Special Uses (Kindergarten),

(e)  Special Uses (Civic Purposes),

(f)  Special Uses (Community),

(g)  Special Uses (Community Purposes).

(2)  Despite any other provision of this plan, a person may, with the consent of the Council, carry out development for the purpose of a market on land to which this clause applies.

(3)  In this clause, market means a building or place for the sale of goods by a number of vendors each of whom operates from a temporary booth or stand.

cl 24A: Ins 2007 (361), Sch 1 [2].

25 Development of land within Zone No 6 (a)

The council shall not consent to the carrying out of development on land within Zone No 6 (a), being land owned or controlled by the council, unless consideration has been given to:

(a)  the need for the proposed development on that land,

(b)  the impact of the proposed development on the existing or likely future use of the land, and

(c)  the need to retain the land for its existing or likely future use.

26 (Repealed)

cl 26: Rep 5.11.1999.

27 Acquisition etc of land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d)

Note—

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

(1)  The owner of land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d) may, by notice in writing, require:

(a)  in the case of land within Zone No 9 (b) or 9 (c) upon which 1 or more buildings are erected—the Commissioner for Main Roads,

(b)  in the case of land within Zone No 9 (b) or 9 (c) (other than land referred to in paragraph (a))—the corporation constituted under section 8 (1) of the Act,

(c)  in the case of land within Zone No 9 (d) reserved for Special Uses (School)—the Minister for Education, and

(d)  in any other case—the council,

to acquire that land.

(2)  On receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.

(3)  Notwithstanding clause 10, development may, with the consent of the council, be carried out for any purpose on land within a zone referred to in subclause (1) if the council is satisfied that development of the land for the purpose for which the land is zoned is not imminent.

(4)  In considering whether to grant consent under subclause (3), the council must take the following into consideration:

(a)  the imminence of development of the land for the purpose for which it is reserved,

(b)  whether the proposed development will render the land unfit for that purpose,

(c)  the cost of the reinstatement of the land for that purpose,

(d)  whether a refusal to grant consent will cause undue financial hardship to any owner, mortgagee or lessee of the land.

cl 27: Am 2008 (571), Sch 3.2 [1] [2].

28 Suspension of certain laws etc

(1)  For the purpose of enabling development to be carried out in accordance with this plan (as in force when the development is carried out) or in accordance with a consent granted under the Act:

(a)  in relation to development carried out in accordance with clause 13:

(i)  section 314 (1) (c) of the Local Government Act 1919,

(ii)  Schedule 7 to that Act, and

(iii)  section 37 of the Strata Titles Act 1973, and

(b)  in relation to development within any zone, other than Zone No 2 (a), 2 (b) or 2 (c)—the operation of any covenant, agreement or instrument imposing restrictions on the development,

to the extent necessary to serve that purpose, shall not apply to any such development.

(2)  Pursuant to section 28 of the Act, before the making of this plan:

(a)  the Governor approved of subclause (1),

(b)  the Minister for the time being administering the provisions of the Local Government Act 1919, referred to in that subclause concurred in writing in the recommendation for the approval of the Governor of subclause (1) (a) (i) and (ii), and

(c)  the Minister for the time being administering the provisions of the Strata Titles Act 1973, concurred in writing in the recommendation for the approval of the Governor of subclause (1) (a) (iii).

(3)  To the extent necessary to enable development to be carried out on land known as 554 Parramatta Road, and 18 and 20 Knocklayde Street, Ashfield, shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 41)”:

(a)  in accordance with this plan (as in force when the development is carried out), or

(b)  in accordance with a consent granted under the Act,

any agreement, covenant or like instrument that, in the absence of this subclause, would prohibit or restrict the carrying out of that development shall not apply to the development.

(4)  Before Ashfield Local Environmental Plan 1985 (Amendment No 66) was made, the Governor approved of subclause (3) pursuant to section 28 of the Act.

cl 28: Am 14.11.1997.

29 Provision for public amenities and services

As a consequence of the carrying out of development in accordance with this plan (as in force at the time the development is carried out) this plan identifies a likely increased demand for public amenities and public services (as specified in Schedule 5) and stipulates that dedication or a contribution under section 94 (1) of the Act, or both, may be required as a condition of any consent to that development.

29A Classification and reclassification of public land as operational

The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

cl 29A: Ins 9.5.1997.

Part 4 Heritage provisions

pt 4: Subst 11.9.1998.

30 Aims

The aims of this Part are:

(a)  to retain the identity of Ashfield by conserving its environmental heritage, which includes the first garden suburb of Haberfield now listed as part of the National Estate, and

(b)  to integrate heritage conservation into the planning and development control processes, and

(c)  to provide for public involvement in the conservation of Ashfield’s environmental heritage, and

(d)  to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings as well as landscapes and streetscapes and the distinctive character that they impart to the land to which this plan applies.

cl 30: Am 15.6.1990. Subst 4.8.1995; 11.9.1998.

31 Interpretation

In this Part:

Archaeological site means a site identified on the Heritage Conservation Map as an archaeological site, and includes a site which the Council considers to have potential archaeological significance.

Conservation plan means a document establishing the heritage significance of a heritage item or a building, work, relic or place within a heritage conservation area and identifying conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

Demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

Heritage conservation area means land listed in Schedule 7 and shown on the Heritage Conservation Map as such an area and includes buildings, heritage items, archaeological sites, works, relics, trees, places, streets (including kerbs and gutters in the Haberfield Conservation Area), parks, landscape items, street furniture and the like situated on or within that land.

Heritage Conservation Map means the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 53)—Heritage Conservation Map”, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

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

Ashfield Local Environmental Plan 1985 (Amendment No 92)—Heritage Conservation Map

Ashfield Local Environmental Plan 1985 (Amendment No 99)—Heritage Conservation Map

Ashfield Local Environmental Plan 1985 (Amendment No 101)—Heritage Conservation Map

Heritage impact report means a report which identifies the heritage significance of a heritage item or a building, work, relic or place within a heritage conservation area and details the impact of the proposed works on that significance.

Heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) listed in Schedule 7 and shown on the Heritage Conservation Map.

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

Landscaped area does not include hard surfacing on a site or areas less than 900mm in width.

Maintenance means the continuous protective care of the fabric of a heritage item or a building or work within a heritage conservation area, and its setting, and includes the painting of surfaces which are already painted.

Potential archaeological site means a site known to the consent authority to have archaeological potential.

Relic means any deposit, object or material evidence (which may consist of human remains) relating to:

(a)  the use or settlement of the area of Ashfield, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of the area of Ashfield whether before or after its occupation by persons of non-Aboriginal extraction.

cl 31: Subst 4.8.1995; 11.9.1998. Am 6.6.2003; 24.12.2003; 2004 No 91, Sch 2.4 [2] [3].

32 Protection of heritage items, heritage conservation areas and relics

(1)  The following development may be carried out only with development consent:

(a)  demolishing, defacing, damaging or moving a heritage item, or a building, work, relic or place within a heritage conservation area, or

(b)  altering a heritage item, or a building, work, relic or place within a heritage conservation area by making structural changes to its exterior, or

(c)  altering a heritage item, or a building, work, relic or place within a heritage conservation area by making non-structural changes to the detail, fabric, finish, or appearance of its exterior, except changes resulting from any maintenance necessary for its on-going protective care which does not adversely affect its heritage significance, or

(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

(e)  erecting a structure on, or subdividing land on which a heritage item is located or which is within a heritage conservation area.

(2)  Development consent is not required by this clause:

(a)  if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or the heritage conservation area, or

(b)  for the maintenance of, or emergency work to, a utility installation.

(3)  When determining a development application required by this clause, the Council must assess the heritage significance of the heritage item or heritage conservation area, and must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

(4)  The Council may decline to grant consent to a development application with respect to the carrying out of development within a heritage conservation area or on a heritage item until the Council has considered a conservation plan or heritage impact report that:

(a)  assesses the conservation and heritage significance of that item or building, work, relic or place within a heritage conservation area and describes its heritage significance as part of the environmental heritage of the local government area of Ashfield, and

(b)  sets out any steps to be taken to mitigate any likely adverse impact on the heritage significance of that item, or building, work, relic or place within a heritage conservation area.

(5)  When determining a development application for land within a heritage conservation area, the Council must make an assessment of:

(a)  the relationship of the proposed development to the general pattern of development within the conservation area, and

(b)  the pitch and form of the roof, if any, and

(c)  the style, size, proportion and position of the openings for windows or doors, if any, and

(d)  whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of any building or work are compatible with those of the materials used within the heritage conservation area, and

(e)  the style, size, proportion, position and layout of paths, walls, fences, gates, garden beds and plantings.

cl 32: Am 27.3.1987. Subst 4.8.1995; 11.9.1998.

33 (Repealed)

cl 33: Subst 4.8.1995; 11.9.1998. Rep 5.11.1999.

34 Notice to the Heritage Council

Before granting development consent to the demolishing, defacing or damaging of a heritage item, the Council must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.

cl 34: Subst 4.8.1995; 11.9.1998.

35 Haberfield Heritage Conservation Area

(1)  The Council must not grant a consent required by clause 32 for land within the Haberfield Heritage Conservation Area unless:

(a)  where the application proposes to add accommodation to a dwelling, the Council is satisfied that, in addition to the other requirements of this Part, such accommodation will be:

(i)  if in a level above the main floor, contained wholly within the existing roof form of the dwelling, and

(ii)  if arranged as an attic room within part of an extension to an existing dwelling, contained wholly within the roof form of the extension, and

(b)  where it is proposed to use the natural slope of the land to add habitable accommodation in a level below that of an existing house, the Council is satisfied that such basement accommodation:

(i)  does not require major excavation of the site to achieve the accommodation or access, and

(ii)  does not change the setting of the existing house, and

(iii)  does not have doors and windows visible from a public place, whether or not alternative means are used to screen the accommodation, and

(c)  the Council is satisfied that in all respects the existing house retains the appearance of a single storey dwelling when seen from any public place, and

(d)  where the application applies to a shop or a commercial building, the Council is satisfied that such development:

(i)  is sympathetic to, and does not detract from, the form and character of the building and its setting, and

(ii)  retains the original features of facade, including all details above and below the awning level, and

(e)  the Council has made an assessment of whether the building or work constitutes a danger to its users or occupiers, or to the public.

(2)  The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:

(a)  the floor space ratio exceeds 0.5:1, or

(b)  the landscaped area of the site of the dwelling house is less than 50% of the total area of the allotment on which it is situated, or

(c)  the landscaped areas located at the front, side and rear of the house are not compatible with the character of the garden setting of the site and of other properties within its vicinity, or

(d)  the dwelling house is not visually compatible in height to adjacent houses, or

(e)  the development proposed would create a new room wholly or partly above a room in the dwelling house that existed when this paragraph commenced, unless:

(i)  the development consists of no more than two habitable rooms, and

(ii)  the development is contained within the existing roof form and the existing eaves line is retained, and

(iii)  in the case of alterations and additions, the construction of any attic room is contained within the roof form of the addition which in all respects complies with the aims and objectives of this Part, and

(iv)  all requirements for health, daylight and ventilation for any attic room involved can be provided by in-plane roof lights facing the rear of the property, and

(v)  all requirements for health, daylight and ventilation do not entail the use of more than one in-plane roof light per roof face, or

(f)  the application includes dormer or gablet windows.

cl 35: Am 27.3.1987. Rep 4.8.1995. Ins 11.9.1998.

35A (Repealed)

cl 35A: Ins 27.3.1987. Rep 4.8.1995.

36 Development of known or potential archaeological sites

(1)  The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and

(b)    (Repealed)

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

(2)  The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and

(b)    (Repealed)

(c)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

cl 36: Rep 4.8.1995. Ins 11.9.1998. Am 2004 No 91, Sch 2.4 [4]; 2008 (571), Sch 3.2 [3].

37 Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

The Council must assess and take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

cl 37: Rep 4.8.1995. Ins 11.9.1998.

37A Conservation incentives

(1)  The Council may grant consent to the use, for any purpose, of a building that is a heritage item or within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:

(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, or the amenity of any surrounding or adjacent residential area, and

(b)  the conservation of the building depends on the granting of the consent.

(2)  When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the consent authority may, for the purpose of determining:

(a)  the floor space ratio, and

(b)  the number of parking spaces to be provided on the site,

exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land but only if the consent authority is satisfied that the conservation of the building depends on it making the exclusion.

cl 37A: Ins 11.9.1998.

Part 5 Provisions relating to specific sites

pt 5, hdg: Ins 31.5.1996.

38 Development of land known as 476 Parramatta Road, Ashfield

(1)  This clause applies to land known as 476 Parramatta Road, Ashfield.

(2)  Notwithstanding any other provision of this plan, a person may, but only with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a bulky goods salesroom or showroom.

cl 38: Ins 20.8.1993.

38A Multiple dwellings on certain land

(1)  Despite any other provisions of this plan, a person may, with the consent of the Council, construct multiple dwellings on land shown edged in heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 61)”.

(2)  In determining whether to grant consent to development of any land to which this clause applies, the Council must consider:

(a)  the extent to which the land may be contaminated such that there is likely to be an immediate or long-term hazard to human health or the environment, and

(b)  the need for remediation in order to remove or reduce any such hazard, and

(c)  the impact of any required remediation on adjoining land.

cl 38A: Ins 14.11.1997.

38B Development of land known as Lot 1 DP 874550 (adjacent to Brown Street and Markham Avenue, Ashfield)

(1)  This clause applies to land adjacent to Brown Street and Markham Avenue, Ashfield, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 70)”.

(2)  Despite any other provisions of this plan, the maximum floor space ratio applying to the land to which this clause applies shall be the same maximum floor space ratio as would result under clause 17B if the land were part of the adjoining land within Zone No 3 (a) to which that clause applies.

cl 38B: Ins 26.6.1998.

39 Development of land known as 4 Parramatta Road, Summer Hill, and 47 Dover Street, Summer Hill

(1)  This clause applies to land known as 4 Parramatta Road, Summer Hill, and 47 Dover Street, Summer Hill.

(2)  Notwithstanding any other provision of this plan, a person may, but only with the consent of the Council, carry out development on 4 Parramatta Road, Summer Hill, for the purpose of retail sale of electrical goods and 47 Dover Street, Summer Hill, for the purpose of offices and car parking.

cl 39: Ins 25.3.1994.

39A Temporary car park—Liverpool Road and Elizabeth Avenue, Ashfield

(1)  This plan applies to land known as Nos 105–109 Liverpool Road and 1 and 1a Elizabeth Avenue, Ashfield, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 67)”.

(2)  Despite any other provision in this plan, a person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a temporary car park in connection with the use of Western Suburbs Leagues Club, for a period not exceeding 4 years from the date on which Ashfield Local Environmental Plan 1985 (Amendment No 67) was published in the Gazette.

cl 39A: Ins 24.10.1997.

39B Mixed development in commercial zones—generally

(1)  This clause applies to land within Zone No 3 (a) or 3 (c).

(2)  A person may, with the consent of the Council, carry out mixed development (being development for residential and commercial purposes) on the land to which this clause applies.

cl 39B: Ins 17.7.1998.

40 Mixed development on certain land—floor space concession

(1)  This clause applies to land within Zone No 3 (a) or 3 (c), but not to:

(a)  any land within the Haberfield Heritage Conservation Area, or

(b)  any land within the Ashfield Town Centre, or

(c)  land with a frontage to Parramatta Road except the land known as Nos 580–586 Parramatta Road (to which this clause does apply).

(2)  The Council may grant consent for a mixed development building (being a building used for residential and commercial purposes) having a floor space ratio greater than the maximum allowed by clause 17 (Floor space ratios), if:

(a)  the floor space ratio does not exceed that maximum by more than 0.5:1, and

(b)  the Council is satisfied that the additional floor area (being the floor area that would not be allowed by that maximum) is only used for residential purposes.

cl 40: Ins 31.5.1996. Subst 17.7.1998.

41 Development of land known as No 91A Smith Street, Summer Hill

(1)  This clause applies to land known as No 91A Smith Street, Summer Hill, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 63)”.

(2)  Despite any other provisions of this plan, a person may, with the consent of the Council, erect a residential flat building on land to which this clause applies, but only if:

(a)  the floor space ratio of all buildings on the land will not exceed 1:1, and

(b)  the Council is satisfied that adequate vehicular access will be available to the site of the proposed development and that adequate vehicular access will be maintained to adjoining properties.

cl 41: Ins 5.9.1997.

42 Development of land adjacent to Liverpool Road and railway line, Ashfield

(1)  This clause applies to land adjacent to Liverpool Road and the railway line, Ashfield, being land zoned Special Uses (Club), as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 75)”.

(2)  Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development for the purposes of auxiliary power generating plant and residential uses, including motel units and serviced apartments.

(3)  The Council must not grant consent for a building on land to which this clause applies if:

(a)  the floor space ratio of the building would exceed 3:1, and

(b)  the vertical distance between any level on the natural ground surface of the site area on which the building is proposed to be erected and the ceiling of the topmost habitable floor of the building exceeds 25 metres.

cl 42: Ins 30.4.1999.

43 Development of community centre at Smith Street, Summer Hill

(1)  This clause applies to land fronting Smith Street, Summer Hill, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 77)”.

(2)  Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development for the purpose of community facilities on the land to which this clause applies.

cl 43: Ins 16.10.1998.

44 Development of land known as No 60 Dalhousie Street, Haberfield (Haberfield Post Office)

(1)  This clause applies to land known as No 60 Dalhousie Street, Haberfield, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 78)”.

(2)  Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development allowed within Zone No 3 (a) on the land to which this clause applies.

(3)  A person shall not, on land to which this clause applies, erect a building with a floor space ratio that exceeds 0.6:1.

(4)  When considering the granting of consent for development allowed by this clause, the Council must take into account the extent to which the development will retain the existing post-office activities.

cl 44: Ins 17.9.1999.

45 Development of land adjacent to Liverpool Road and railway line, Ashfield to which Local Environmental Plan 1985 (Amendment No 81) applies

(1)  This clause applies to certain land zoned County Road Widening along Liverpool Road, Ashfield and to land zoned Special Uses (Club), as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 81)”.

(2)  Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purpose of club facilities, residential uses (including motel units and serviced apartments), and open space.

(3)  The land zoned Special Uses (Club) may be utilized, with the consent of Council, for purposes permitted in the Special Uses (Railway) zone.

cl 45: Ins 14.1.2000.

46 Development of land known as No 41–51 Elizabeth Street, Ashfield

(1)  This clause applies to the land to which Ashfield Local Environmental Plan 1985 (Amendment No 86) applies.

(2)  Despite any other provision of this plan, the Council may grant consent to development on the land to which this clause applies for the purposes of mixed development provided:

(a)  the floor space ratio of the building resulting from the development does not exceed 2.5:1, and

(b)  the building does not contain in excess of 100 square metres of floor space used or to be used for the purposes of a shop or commercial premises, and

(c)  the height of the building does not exceed four storeys.

cl 46: Ins 2.6.2000.

47 Development of land—85 Victoria Street, Ashfield

(1)  This clause applied to land, being 85 Victoria Street, Ashfield, as shown coloured light scarlet, edged heavy black and lettered “2 (a)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 90)”.

(2)  Despite any other provision of this plan, development of the land to which this clause applies (including any subdivision of the land or the adjustment of any boundaries) may be carried out only if the proposed development:

(a)  will, in the opinion of the Council, not adversely affect the heritage significance of the heritage item situated on the land, known as “Mountjoy”, and

(b)  will maintain an appropriate curtilage around, and the existing vehicular access, to the heritage item to the satisfaction of the Council, and

(c)  will retain the established landscape features on the land to the satisfaction of the Council.

cl 47: Ins 20.10.2000.

48 Development of land known as the Ashfield Public School Playing Fields Site, 3 Orchard Crescent and 209 Liverpool Road, Ashfield

(1)  This clause applies to land known as the Ashfield Public School Playing Fields Site, 3 Orchard Crescent and 209 Liverpool Road, Ashfield, as shown edged by a heavy black line on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 87)”.

(2)  Despite any other provision of this plan, non-residential development on the land to which this clause applies is restricted to a maximum floor space ratio of 1:1 and, within this, the retail floor area is limited to a maximum total area of 1,000 square metres.

cl 48: Ins 18.2.2000.

49 Development of land known as 191 Ramsay Street, Haberfield

(1)  This clause applies to the land to which Ashfield Local Environmental Plan 1985 (Amendment No 91) applies.

(2)  Despite any other provision of this plan, the Council may grant consent to development of the land to which this clause applies if:

(a)  the proposed development is development for the purpose of any one or more of the following:

(i)  health consulting rooms (being a room or a number of rooms used to provide professional medical treatment or other health care services to members of the public),

(ii)  commercial premises,

(iii)  a refreshment room that is to be operated as an ancillary to health consulting rooms or commercial premises, and is to be operated only during the hours of operation of those rooms or premises,

(iv)  shops that meet the criteria set out in subclause (3), and

(b)  any building resulting from the carrying out of the development:

(i)  will not exceed 3.5 metres in height (measured from natural ground level to the ceiling), and

(ii)  will have a floor space ratio of no more than 0.6:1.

(3)  The criteria to be met by shops are the following:

(a)  the shops will occupy no more than 40% of the gross floor area of any building resulting from the development,

(b)  no shop will have an area of more than 300 square metres,

(c)  no drive-through facilities will be provided.

cl 49: Ins 26.10.2001.

51 Development of land known as 93 Milton Street, Ashfield

(1)  This clause applies to Lot B, DP 344159, known as 93 Milton Street, Ashfield.

(2)  Despite any other provision of this plan, the Council may grant consent to the carrying out of development on the land to which this clause applies for the purpose of a hospital, provided the height of the building does not exceed two storeys.

cl 51: Ins 8.11.2002.

52 Development of land known as 412–416 Liverpool Road, Croydon

(1)  This clause applies to land known as 412–416 Liverpool Road, Croydon, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 109)”.

(2)  Despite any other provision of this plan, the Council may grant consent to the carrying out of development on the land to which this clause applies for the purpose of a shop that exceeds 90 square metres in gross floor area.

cl 52: Ins 17.12.2004.

53 Development at 3 Carlton Crescent, Summer Hill

(1)  This clause applies to land within the local government area of Ashfield as shown edged heavy black on Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 102)”.

(2)  Despite any other provision of this plan, the Council may grant consent to the carrying out of development on the land to which this clause applies for the purpose of a taxi-cab base.

cl 53: Ins 14.5.2004.

54 Development at 11–13 Hercules Street, Ashfield

(1)  This clause applies to land at 11–13 Hercules Street, Ashfield as shown edged heavy black and lettered “3 (a)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 104)”.

(2)  In determining whether to grant consent to development of any land to which this clause applies, the Council must consider:

(a)  the extent to which the land may be contaminated such that there is likely to be an immediate or long-term hazard to human health or the environment, and

(b)  the need for remediation in order to remove or reduce any such hazard, and

(c)  the impact of any required remediation on adjoining land.

(3)  The Council must not grant consent to development that would result in a building on land to which this clause applies having a floor space ratio that exceeds 2:1.

(4)  The Council may grant consent for a mixed development building (being a building used for residential and commercial purposes) having a floor space ratio greater than the maximum allowed by subclause (3), if:

(a)  the floor space ratio of the building does not exceed 3:1, and

(b)  the Council is satisfied that the additional floor area (being the floor area that would not be allowed by that maximum) is only used for residential purposes, and

(c)  the Council is satisfied that the development will not result in an adverse impact on any one or more of the following:

(i)  the scale and character of the streetscape,

(ii)  the amenity of any existing or potential residential units on neighbouring land,

(iii)  sunlight access to surrounding streets, open space and nearby properties,

(iv)  wind flow patterns to surrounding streets, open space and nearby properties.

(5)  Clauses 17 and 40 do not apply to land to which this clause applies.

cl 54: Ins 2006 (678), Sch 1 [2].

55 Development of certain land at Milton Street and Park Avenue, Ashfield

(1)  This clause applies to land in the vicinity of Milton Street and Park Avenue, Ashfield and shown coloured light scarlet and edged heavy black on Sheet 1 of the series of maps marked “Ashfield Local Environmental Plan 1985 (Amendment No 114)” deposited in the office of the Council.

(2)  Despite clause 11, the Council may consent to the erection of a dwelling-house on an allotment of land that has an area of less than 500 m² and a width of less than 15 metres at the front alignment of the proposed dwelling-house if:

(a)  the minimum area of the allotment on which the dwelling-house is to be erected is between 170 and 250 square metres (exclusive of the area of any access corridor), and

(b)  the total number of allotments created from the land mentioned in subclause (1) is not more than 2.

(3)  The Council may not grant consent under subclause (2) unless:

(a)  the Council has considered whether the land is contaminated, and

(b)  if the land is contaminated—the Council is satisfied the land is suitable in its contaminated state, or will be suitable after remediation, for the purpose of the proposed development, and

(c)  if the land requires remediation to be made suitable for the purpose of the proposed development—the Council is satisfied that the land will be remediated before the land is used for that purpose.

cll 55–57: Ins 2007 (361), Sch 1 [3].

56 Development of certain land at Queen Street, Ashfield

(1)  This clause applies to land in the vicinity of Queen Street, Ashfield and shown coloured light scarlet and edged heavy black on Sheet 3 of the series of maps marked “Ashfield Local Environmental Plan 1985 (Amendment No 114)” deposited in the office of the Council.

(2)  Despite clause 11, the Council may consent to the erection of a dwelling-house (including an attached dwelling-house) on an allotment of land that has an area of less than 500 m² and a width of less than 15 metres at the front alignment of the proposed dwelling-house if:

(a)  the minimum area of the allotment on which the dwelling-house is to be erected is between 174 and 450 square metres (exclusive of the area of any access corridor), and

(b)  the total number of allotments created from the land mentioned in subclause (1) is not more than 11.

(3)  The Council may not grant consent under subclause (2) unless:

(a)  the Council has considered whether the land is contaminated, and

(b)  if the land is contaminated—the Council is satisfied the land is suitable in its contaminated state, or will be suitable after remediation, for the purpose of the proposed development, and

(c)  if the land requires remediation to be made suitable for the purpose of the proposed development—the Council is satisfied that the land will be remediated before the land is used for that purpose.

cll 55–57: Ins 2007 (361), Sch 1 [3].

57 Development of certain land known as 55–75 Smith Street, Summer Hill

The Council must not grant consent to development on land known as 55–75 Smith Street, Summer Hill, and shown by distinctive colouring, lettering and edging on Sheet 6 of the series of maps marked “Ashfield Local Environmental Plan 1985 (Amendment No 114)” deposited in the office of the Council unless:

(a)  the Council has considered whether the land is contaminated, and

(b)  if the land is contaminated—the Council is satisfied the land is suitable in its contaminated state, or will be suitable after remediation, for the purpose of the proposed development, and

(c)  if the land requires remediation to be made suitable for the purpose of the proposed development—the Council is satisfied that the land will be remediated before the land is used for that purpose, and

(d)  the Council has considered whether the design of the proposed development, in relation to interior noise levels, gives adequate protection from aircraft noise in accordance with AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.

cll 55–57: Ins 2007 (361), Sch 1 [3].

Schedule 1 (Repealed)

sch 1: Rep 24.12.1986.

Schedule 2

(Clause 10)

Beauty salon.
Boot or shoe repairing.
Dressmaking.
Dry cleaning or dyeing agency.
Electrician’s workshop.
Hairdressing salon.
Home industry.
Lending library.
Photographic studio.
Professional chambers.
Professional consulting rooms.
Refreshment rooms.
Self-service coin-operated laundry.
Service station.
Tailoring.
Totalizator Agency Board offices.

Schedule 3

(Clause 10)

Chemist’s shop.
Confectionery shop or milk bar.
Fish and chip shop.
Fruit and vegetable shop.
Hairdresser’s salon.
Newsagency.
Opportunity shop.
Smallgoods shop.
Sandwich shop.
Tobacconist’s shop.

Schedule 4

(Clause 10)

Abattoirs.
Agricultural machinery manufacture.
Aluminium products manufacture.
Asbestos cement products manufacture.
Bag or sack (textile) manufacture.
Bicycle manufacture.
Boiler manufacture.
Boiling-down works.
Boot or shoe manufacture.
Brick, tile, pipe or pottery manufacture.
Cement manufacture.
Cement products manufacture.
Condiment manufacture.
Electrical machinery manufacture (heavy).
Electrical battery manufacture.
Extractive industry.
Fellmongery.
Fibrous plaster manufacture.
Fireclay manufacture.
Glass products manufacture.
Grain milling.
Hardboard manufacture.
Heavy engineering.
Hot mix (bitumen) manufacture.
Lime storage.
Match manufacture.
Metal founding.
Motor body building.
Motor vehicle manufacture or assembly.
Motor vehicle smash repairs.
Motor vehicle wrecking.
Offensive or hazardous industry.
Paint and varnish manufacture.
Plastics manufacture.
Ready mixed concrete manufacture.
Rope and twine manufacture.
Rubber products manufacture.
Rubber reclamation.
Sawmilling.
Steel products manufacture (heavy).
Stone cutting and crushing.
Sugar refining.
Veneer manufacture.
Wallboard manufacture.
Wheel manufacture.
Wire manufacture.
Wool scouring.

Schedule 5

(Clause 29)

1  Community facilities.

2  Water, sewerage and drainage works.

3  Local open space.

4  Public carparks.

5  Embellishment of local open space and public carparks.

6  Roads, traffic management systems and facilities.

Schedule 6 Classification and reclassification of public land as operational

(Clause 29A)

Ashfield
2, 4, 6, 8, 10 and 12 Bastable Street, 178 and 162 Elizabeth Street and 16 Frederick Street	Ashfield Swimming Pool Complex, as shown edged heavy black on page 2 Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”.
Corner of Victoria Street and Old Canterbury Road	Lot 2 and part of Lot 1, DP 856916, as shown edged heavy black on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 71)”.
Croydon
Queen Street	Lot 2, DP 554988, as shown edged heavy black on page 4 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”.
Haberfield
78 and 80 Dalhousie Street	Lots A and B, DP 323166, as shown edged heavy black on page 3 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”.
Summer Hill
82A Carlton Crescent	“Share” building and kindergarten, as shown edged heavy black on page 1 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”.
Corner of Henson and Short Streets	Henson Street Kindergarten, being part of Lots 17 and 18, DP 249, as shown edged heavy black on page 5 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”.

sch 6: Ins 9.5.1997. Am 17.7.1998.

Schedule 7 Heritage items and heritage conservation areas

(Clause 31)

Map ref no	Address	Whether listed as a heritage item or as deferred	Whether listed as part of a heritage conservation area (CA)
	3 A’Beckett Avenue	House
74	Albert Parade	Albert Parade
1	7 Albert Parade	House
1	9 Albert Parade	House
1	11 Albert Parade	House
2	26 Albert Parade	House—Eulimaroa
130	45–47 Albert Parade	Semi-Detached Pair of Houses
	2 Allman Avenue	Flats
	3 Allman Avenue	Flats
	7 Allman Avenue	Flats
	9 Allman Avenue	Flats—Allman Court
	10 Allman Avenue	Flats
	2 Alma Street	House
	5 Alma Street	House
131	26 Alma Street	House
3	20–22 Alt Street	Group of Two Freestanding Houses
132	44 Alt Street	House—Hughenden
5	78 Alt Street	House—Amesbury
6	82 Alt Street, 2 Church	House—The Gunyah
8	94 Alt Street, Cnr of Rectory Avenue	House—Apartments
140	98 Alt Street	St John’s Flats
133	Arthur Street	Pratten Park
10	8, 10 Arthur Street	Group of Two Houses No 8 Unnamed No 10 Sunnyside
	27 Arthur Street	House
	32 Arthur Street	Semi-detached house
	34 Arthur Street	Semi-detached house
11	40 Arthur	Thirning Villa
139	48 Arthur	Benelong Nursing Home incorporating part of the former Gallop House
102	18 Bay Street	House—Rathgael
102	Rear 18 Bay Street	Stone Cottage
103	38 Bay Street	House
136	44 Bay Street	House
136	46 Bay Street	House
H	1–7 Birriga Road		Birriga Road CA
138	4 Blackwood Avenue	Milton Private Hotel
16	1 Bland Street	St Vincent’s Presbytery, Church and Superior School
15	18 Bland Street	Bethlehem College
12	25–27 Bland Street	Semi-Detached Pair of Houses
	29–31 Bland Street	Terrace Houses
	35 Bland Street	Terrace Houses
9	62–74 Bland Street	St John’s Anglican Church Churchyard and Cemetery Parish Hall, School Hall and Rectory
14	79 Bland Street	House—Lynngrove
A	1–22 Bogan Street		North Summer Hill CA
68	3, 5, 7, 9 Bogan Street	Four Small Semi-Detached Houses	North Summer Hill CA
141	20 Bogan Street	House	North Summer Hill CA
K	1–14 Bridges Avenue		Bridges Avenue CA
	Brunswick Reserve and part of Brunswick Parade	Reserve and part of street
248	3–7 Byron Street (and 6–10 Scott Street)	Site of Ashfield Park House
	3 Carlisle Street	House
	21 Carlisle Street	House
C	2 Clissold Street		Victoria Square CA
142	Carlton Crescent	Summer Hill Railway Station between Platforms 1 & 2, Two Station Buildings on Platform 3
143	Carlton Crescent Opposite Lackey Street	Railway Station Booking Office
144	Intersection of Carlton & Grosvenor Crescents	Lewisham Viaduct
145	99 Carlton Crescent	House—Villa Maria
69	112, 113, 114 Carlton Cres	Three Houses, No 112 Caraholme
E	1–43 Carrington Street		Quarantine Ground CA
146	53–55 Carshalton Street	House
	12 Cecil Street	Villa
147	19 Cecil Street	House
	49 Cecil Street	Cottage
148	23 Chandos Street	House (now flats)
17	50–52 Chandos Street Cnr Julia Street	Chandos Nursing Home
149	4–8, 10–16, 18–20 Charlotte Street	Three Suites of Shops
*50	15 Charlotte Street	Ground Floor Shop with Dwelling above
18	23 Charlotte Street	Pittwood Home for Aged Persons
151	45 Charlotte Street	House
152	46 Charlotte Street	Ashfield Community Health Centre
153	93 Church Street	House—Lingholme
153	95 Church Street	House—Warioa
H	109, 111, 115 Church Street		Birriga Road CA
C	2 Clissold Street		Victoria Square CA
O	3–5 Clissold Street		Tintern Road CA
	23 Clissold Street	House
154	15 College Street	House
155	22 Cromwell Street	Cottage
155	24 Cromwell Street	House
156	6, 8, 10, 12, 14, 16, 18, 20 and 22 Croydon Road	Eight Detached Houses
105	47, 49, 51 Croydon Road	Group of Three Terrace Houses
106	116 Croydon Road	House
113	38 Dalhousie Street	House	Haberfield CA
114	40 Dalhousie Street	House	Haberfield CA
115	Dalhousie Street	St David’s Presbyterian Church (Church, Manse and Garden)	Haberfield CA
116	Dalhousie Street	St Oswald’s Church	Haberfield CA
286	74 Dalhousie Street (Cnr Ramsay Street)	McKenzie’s Buildings	Haberfield CA
117	91 Dalhousie Street	House	Haberfield CA
B	2–28 Dickinson Avenue (Even Numbers Only)		Gads Hill CA
70	4 Dover Street	House—Kellross
158	12 Dover Street	House—Kenilworth
159	5 Drynan Street	Convent Building—Part of St Joseph’s Convent
71	9 Drynan Street	House
72	10, 14, 16 Drynan Street	Group of Three Houses
118	20 Dudley Street	House—Elicia	Haberfield CA
119	37 Dudley Street	House	Haberfield CA
	1–32 Eccles Avenue		Eccles Estate CA
	12 Eccles Avenue	House	Eccles Estate CA
	25 Eccles Avenue	House	Eccles Estate CA
E	1–17 Edward Street (odd numbers only)		Quarantine Ground CA
110	Edwin Street South	St James Anglican Church
B	2–36 Edwin Street South (even numbers only)		Gads Hill CA
160	105, 107, 109 Edwin Street North	Four Shops with dwellings above
109	112 Edwin Street North	St Christophorus German Catholic Church
107	114 Edwin Street North	“Harmsworth”—Presbyterian Ladies’ College
108	125, 127, 129 Edwin Street North	Three commercial premises with dwellings above
161	126, 128, 130 and 132 Edwin Street North	Group of four houses
J	17 Elizabeth Street		Oak Street CA
21	95 Elizabeth Street	House
22	96–98 Elizabeth Street, Corner of Alt Street	Shop and attached terrace house—Centennial House
	135–153 Elizabeth Street (Odd numbers only)		Eccles Estate CA
	135 Elizabeth Street	House	Eccles Estate CA
23	185, 187, 189, 191, 193, 195, 197 Elizabeth Street	Seven terrace houses—Fulham Terrace
162	215–219 Elizabeth Street	Shop and dwelling (former bakery)
163	5 Farleigh Street	House
164	29 Farleigh Street	House—Fermoyle
165	18–20 & 22–24 Federal Avenue	Group of two pairs of semi-detached houses
166	13, 15, 17, 19 Fleet Street	Terrace of two pairs of houses
F	1–18, 20, 22, 24 Forbes Street		Goodlet CA
167	Frederick Street, Corner of Henry Street	Hammond Park
24	45 Frederick Street	House—Hendoa
25	91–101 Frederick Street	Uridge Terrace
F	74 Georges River Road		Goodlet CA
	10 Gower Street	Former Villa
73	14 and 16 Gower Street	Two houses
	22 Gower Street	Flats—Navua
	24 Gower Street	Flats—Rewa
168	17 Grainger Avenue	Lindsell Hall Flats
169	10 Griffith Street, Corner of Queen Street	House
245	12 Griffith Street	Hurlstone Park Baptist Church and Hall
170	Off Grosvenor Crescent	Lewisham Sewer Aqueduct
171	10 Grosvenor Crescent and 2 Dover Street (Corner Grosvenor Cres)	Two houses
33	52 Grosvenor Crescent	Grosvenor Hospital—Nurses Quarters
	1–29 Hampden Street		Hampden Street and King Street CA
	12 Hampden Street	House	Hampden Street and King Street CA
173	14 Hampden Street	House—Carinya
	15 Hampden Street	House	Hampden Street and King Street CA
	17 Hampden Street	Semi-detached house	Hampden Street and King Street CA
	19 Hampden Street	Semi-detached house	Hampden Street and King Street CA
174	38 Hanks Street	House
175	54 Hardy Street	House—Halcyon
F	1–17 Hay Street		Goodlet CA
129	74–78 Hawthorne Parade	Terraces	Haberfield CA
D	45–63 Henson Street (odd numbers only)		Prospect Hall CA
26	17 Henry Street	Infants’ Home Ashfield—the Original Building, the Emily Trollope Nursing Ward Building, the grounds and lesser buildings, the laundry and Louise Taplin Ward Buildings
77	Henson Street, cnr Smith Street	St Andrews Anglican Church and Church Hall
176	6 Henson Street	House—Englemere
177	15, 17 Henson Street	Group of Two Houses
76	30 Henson Street	House
178	51 Henson Street	House—Ohio	Prospect Hall CA
282	11 Hercules Street	Former Post Office
179	4 Highbury Street	House—Wynola
111	8–20 Highbury Street	House
180	15 Highbury Street	House—The Crow’s Nest
181	8 Hillcrest Avenue	House
181	10 Hillcrest Avenue	Flats
181	12 Hillcrest Avenue	Flats
181	14 Hillcrest Avenue	Flats/Home Units
183	22 Holborow Street	House
183	26 Holborow Street	House
183	28 Holborow Street	House
184	55 Holborow Street	House
29	Corner of Holden and Norton Street	Ashfield Baptist Church and Robert Goodman Memorial Hall
185	25 Holden Street, Corner of Rose Street	Office
283	27 Holden Street	Shop
	28 Holden Street	House
	68 Holden Street	House
	70 Holden Street	House
	72 Holden Street	House
	74 Holden Street	House
	75 Holden Street	Semi-detached house
	76 Holden Street	House
	77 Holden Street	Semi-detached house
	78 Holden Street	House
	85 Holden Street	House
27	97 Holden Street	House
186	126 Holden Street	Portugese Seventh Day Adventist Church
187	220–252 Holden Street	Canterbury Boys’ High School
188	262, 264, 266, 268, 270 Holden Street	Group of Five Houses
I	1–12 Holwood Avenue		Holwood Avenue CA
189	11 Holwood Avenue	House	Holwood Avenue CA
	29 Hugh Street	House
D	1–19 Hurlstone Avenue		Prospect Hall CA
190	3 Hurlstone Avenue	House—Dunagall	Prospect Hall CA
191	16 Hurlstone Avenue Corner of Prospect Road	House—Kiltycrowse	Prospect Hall CA
D	126–150 Hurlstone Avenue (even numbers only)		Prospect Hall CA
192	43 John Street	House—Almora
193	54 John Street	House—Boronia
	3 Joseph Street	Semi-detached house
	5 Joseph Street	Semi-detached house
	54 Joseph Street	Semi-detached house
30	18 Julia Street	House—The Lilacs
	22 Julia Street	Cottage
	26 Julia Street	Cottage
194	1 Junction Road, Corner of Nowranie Street	Strata Title Units
196	Junction Road, Corner of Old Canterbury Road	Woods Building
196	8, 10, 12, 14, 16, 18 Junction Road	Group of Buildings
101	Junction Road, between Moonbie & Barlett Sts	Public School: Three Original Buildings, Boys, Girls and Infants
197	30–32 Junction Road, Corner of Henson Street	Two Joined Houses
198	57 Junction Road, Corner of Bartlett Street	House
199	11 Kenilworth Street	House
A	1–57 Kensington Road		North Summer Hill CA
79	2–4 Kensington Road	Group of Two Houses	North Summer Hill CA
80	13, 15, 17, 19, 21, 23, 25, 27 and 29 Kensington Road	Nine Houses	North Summer Hill CA
81	28 Kensington Road	House	North Summer Hill CA
81	30a Kensington Road	Hillview	North Summer Hill CA
	70 Kensington Road	Cottage
82	83, 85, 87, 89 Kensington Road	Four houses	North Summer Hill CA
	1–35 King Street		Hampden Street and King Street CA
	2A King Street	House	Hampden Street and King Street CA
	4 King Street	House	Hampden Street and King Street CA
200	7–9 King Street	House
	10 King Street	House	Hampden Street and King Street CA
	11 King Street	Flats	Hampden Street and King Street CA
	15 King Street	Flats	Hampden Street and King Street CA
201	30 King Street	MenMuir
120	14 Kingston Street	House	Haberfield CA
31	3 Knox Street	Ashfield Presbyterian Church, Goodlet Sunday School and First Presbyterian Church, Presbyterian Manse
202	Lackey Street, Corner of Carlton Crescent	Summer Hill Hotel
290	2–4 Lackey Street, Corner of Carlton Crescent	Weir’s Building
203	1, 3 and 5 Lackey Street	Shop/Dwelling/Office
204	16, 18, and 20 Lackey Street	Three Shops with Dwellings
205	Lang, Church and Queen Streets	Site of Excelsior Brickworks
N	32–42 Lang Street		Lang Street CA
	2 Lapish Avenue	Semi-detached house
	4 Lapish Avenue	Semi-detached house
	6 Lapish Avenue	Semi-detached house
	8 Lapish Avenue	Semi-detached house
	10 Lapish Avenue	Semi-detached house
	12 Lapish Avenue	Semi-detached house
	14 Lapish Avenue	Semi-detached house
	16 Lapish Avenue	Semi-detached house
	18 Lapish Avenue	Semi-detached house
	20 Lapish Avenue	Semi-detached house
206	1, 3 and 5 Leopold Street	Three Houses
207	19 Leopold Street	House and Former Stables
112	19–31 and 33 Lion Street	Group of Seven Attached Houses and Corner Shop
	31 Liverpool Road	Terrace
	37 Liverpool Road	Terrace
	42 Liverpool Road	Cottage
33	56 Liverpool Road	Grosvenor Hospital Plus Outbuildings
G	58–64 Liverpool Road		Oaklands Ave Conservation Area
	61 Liverpool Road	Cottage
	82 Liverpool Road	Flats
34	180 Liverpool Road	Uniting Church, Ashfield Parish Church and Hall
209	204 Cnr of Liverpool Road and Holden Street	Ashfield Hotel
210	162 Liverpool Road	School of Arts
211	183, 187–189, 191 Liverpool Road	Group of Three Shops and Dwelling Units
212	201–207 Liverpool Road	Four Shops with Dwellings Above
213	281 Liverpool Road	Gladcastle Wines & Spirits Centre
	338 Liverpool Road	Flats
214	471 Liverpool Road	House
214	473 Liverpool Road	House
215	11–11a Lucy Street	Semi-Detached Pair of Houses
216	27–29, 31–33 Lucy Street	Two Pairs of Semi-Detached Houses
217	30, 32, 34, 36 and 38 Lucy St	Group of Five Cottages
	1–24 Miller Avenue		Miller Avenue CA
218	1 Miller Avenue, Corner of Liverpool Road	House
219	69 Milton Street	House
	107 Milton Street	House
	109 Milton Street	House
88	2 Moonbie Street, Corner Smith Street	Summer Hill Post Office
83	15–17 Moonbie Street	Pair of Two Semi-Detached Houses
83	19 Moonbie Street	House
83	21 Moonbie Street	House
220	28 Moonbie Street	Summer Hill Children’s Community Centre
84	30–32 Moonbie Street	Group of Two Houses
85	36–38 Moonbie Street	Pair of Houses
86	37–39 Moonbie Street	Group of Two Houses
86	41 Moonbie Street	House
221	58 Moonbie Street	House
196	74–90 Moonbie Street	Group of Buildings
222	12 Morris Street	Former Shop and Dwelling New Residence
89	48–54 Morris Street	Row of Houses
281	49–51 Morris Street	Two Matching Houses
90	63 Morris Street	House
35	11 Norton Street	House
	112 Norton Street	Semi-detached house
38	177 Norton Street	House
39	179 Norton Street	Cornwall
E	2–52 Nowranie Street (Even numbers only)		Quarantine Ground CA
223	44, 46 and 48 Nowranie Street	Group of Three Houses	Quarantine Ground CA
I	1–38 Oak Street		Oak Street CA
G	1–10 Oaklands Avenue		Oaklands Avenue CA
277	156 Old Canterbury Rd	House
224	192 Old Canterbury Rd Cnr Nowranie Street	Garage, Office and Dwelling—Ardath
196	212–214 Old Canterbury Road	Group of Buildings
D	276–296A Old Canterbury Road (Even numbers only)		Prospect Hall CA
225	296 Old Canterbury Road Corner Prospect Road	House	Prospect Hall CA
226	Ormond Street, Cnr Bruce St	Inlaid Pavement Street Naming
41	4 Ormond Street	House
227	21–27 Ormond Street	Home Units
	29 Ormond Street	Cottage
228	35 Ormond Street	Flats—Parkview
	39 Ormond Street	Cottage
	51–53 Ormond Street	Semi-Detached Cottages
	55–57 Ormond Street	Semi-Detached Cottages
	59 Ormond Street	Cottage
42	29 Orpington Street	House
43	36/38 Orpington Street	Semi-Detached Houses
	39–41 Orpington Street	Semi-Detached Cottages
	43 Orpington Street	Cottage
229	50 Orpington Street	House
	80 Orpington Street	Flats
	82 Orpington Street	House—Te-Aroha
	86 Orpington Street	Cottage
230	Palace Street	Palace Street Reserve
231	1 Palace Street	Timber Cottage
	14 Palace Street	House
	28 Palace Street	House
	54 Palace Street	House
232	60 Palace Street	House—Inverness
44	79–81 Palace Street	House
	1–149 Park Avenue		Park Avenue CA
45	18–20 Park Avenue	Two Semi-Detached Houses
233	42–44 Park Avenue	Two Semi-Detached Houses
	43 Park Avenue	House	Park Avenue CA
	61 Park Avenue	House	Park Avenue CA
	73 Park Avenue	Semi-detached house	Park Avenue CA
	75 Park Avenue	Semi-detached house	Park Avenue CA
	87 Park Avenue	Semi-detached house	Park Avenue CA
	89 Park Avenue	Semi-detached house	Park Avenue CA
	103 Park Avenue	House	Park Avenue CA
	104 Park Avenue	House	Park Avenue CA
46	110 Park Avenue	House—Blancheville
	115 Park Avenue	House	Park Avenue CA
	117 Park Avenue	House	Park Avenue CA
	119 Park Avenue	House	Park Avenue CA
234	Parramatta Road (Within Ashfield Park)	Milestone
235	Parramatta Road (at Hawthorne Canal)	Battle Bridge
A	48 Parramatta Road		North Summer Hill CA
208	60–70 Parramatta Road	Universal Retailers Pty Ltd premises
236	476 Parramatta Road Cnr Frederick Street	Vita-Weet Building
237	Parramatta Road, Orpington, Pembroke and Ormond Streets	Ashfield Park
122	185 Parramatta Road	“Yasmar”	Haberfield CA
	22 Pembroke Street	Semi-Detached Cottages
	38–40 Pembroke Street	Semi-Detached Cottages
	42–44 Pembroke Street	Semi-Detached Cottages
	46 Pembroke Street	Cottage
	48 Pembroke Street	Cottage
133	Pratten Park	Public Reserve
11	Pratten Park	Thirning Villa
40	15–17 Prospect Road	St Anthony’s Croatian Catholic Church and Church Hall
	27 Prospect Road	Cottage
92	39 Prospect Road	House—Hillcrest
92	41 Prospect Road	House
92	43 Prospect Road	House
47	45 Prospect Road	House
	51 Prospect Road	Cottage
	59 Prospect Road	Cottage
238	65, 67 & 73 Prospect Road	Three Houses
239	77 Prospect Road	House
239	79 Prospect Road	House	Victoria Square CA
C	81–107 Prospect Road		Victoria Square CA
240	85 Prospect Road	House—Urangara	Victoria Square CA
49	97 Prospect Road	House	Victoria Square CA
D	110–124 Prospect Road (Even Numbers Only)		Prospect Hall CA
241	Prospect Road	Trinity Grammar School: Headmaster’s House and Chapel
	7 Queen Street	House
242	11, 13, 15, 17, 19, 21 & 23 Queen Street	Seven Free Standing Houses
243	33 Queen Street	Former Corner Store
244	63–65 Queen Street	Group of Two Blocks of Flats
50	85 Queen Street	House
51	91 Queen Street	House
52	160 Queen Street	Ashfield Castle
245	191–193 Queen Street (Also known as 12 Griffith Street)	Hurlstone Park Baptist Church & Hall
246	206 Queen Street	House
123	34 Ramsay Street	House	Haberfield CA
287	98–100 Ramsay Street	Shops & Residences	Haberfield CA
283	129–131 Ramsay Street	Cashman’s Building	Haberfield CA
284	133–135 Ramsay Street	Loudon’s Building	Haberfield CA
285	145 Ramsay Street (Cnr Dalhousie Street)	National Australia Bank and Residence	Haberfield CA
288	147–151 Ramsay Street	Cashman’s Corner	Haberfield CA
289	167–177 Ramsay Street	Kerrigan’s Buildings	Haberfield CA
125	146–152 Ramsay Street	Four Houses	Haberfield CA
247	12–18 Robert Street (on the Masonic Hospital Site)	Group of Four Houses
54	22–26 Robert Street	Terrace of Three Houses
126	5 Rogers Avenue	House	Haberfield CA
	15 Rose Street	House
M	21–49 & 26–50 Rose Street		Rose Street CA
D	1–23 Rosemont Avenue		Prospect Hall CA
121	31 St David’s Road	Ramsay Hall and Garden	Haberfield CA
248	6–10 Scott Street (and 3–7 Byron Street)	Site of Ashfield Park House
248	6, 8 & 10 Scott Street	Group of Three Free Standing Houses
C	1A Seaview Street		Victoria Square CA
D	2–26 and 26A Seaview Street (Even numbers only)		Prospect Hall CA
249	26 Seaview Street	House—Lyndmoyne	Prospect Hall CA
	1 Shepherd Street	House
	27 Shepherd Street	House
	28 Shepherd Street	House
250	Sloane Street & Grosvenor Crescent (Corner)	Post Office Pillar Box
A	9–52, 54, 56, 58 Sloane Street		North Summer Hill CA
93	12 Sloane Street	House	North Summer Hill CA
94	14–16 Sloane Street	Pair of Semi-Detached Houses	North Summer Hill CA
95	29–31 Sloane Street	Pair of Semi-Detached Houses	North Summer Hill CA
	44 Sloane Street	Cottage	North Summer Hill CA
251	52 Sloane Street	House	North Summer Hill CA
252	2–32 Smith Street Cnr Edward Street	Deferred under Section 68 (5)
C	34–102 Smith Street		Quarantine Ground CA
	39 Smith Street	Cottage
96	67 Smith Street	Former House
253	109 Smith Street	Former Shop With Dwelling Above
254	112, 114, 116–122 and 124–128 Smith Street	Three Groups of Shops With Dwellings Above
255	132–134 Smith Street	Wilga Flats and Shops
97	133 Smith Street	Lethington Community Centre with Former Stable Block
98	139 Smith Street	Strata Title Units
256	154–156 Smith Street	Group of Two Houses
	159 Smith Street	Flats—Toalar
99	160–162 Smith Street	Group of Two Matching Free Standing Houses
	164 Smith Street	Cottage
	169 Smith Street	Flats—Jesmond
100	176, 178, 180, 182 & 184 Smith Street	Group of Five Houses
	1–10 Somerville Avenue		Somerville Avenue CA
E	2–23 Spencer Street		Quarantine Ground CA
127	18, 19, 20 Stanton Road	Houses	Haberfield CA
	1 Sunning Place	Flats—Delfrere
	3 Sunning Place	Flats
	5 Sunning Place	Flats—Hillcrest
	6 Sunning Place	Flats
	7 Sunning Place	Flats
257	1 Taringa Street	House—Roslea
55	4 Taringa Street	House—Taringa
258	17 Taringa Street	House
259	6–8 Teakle Street	Group of Two Houses
260	7 Teakle Street	House
261	2 The Avenue	House
261	4 The Avenue	House
B	81–85 & 108–118 Thomas Street		Gads Hill CA
	9 Tintern Road	Villa—Strathmore
57	20 Tintern Road	House
	27 Tintern Road	House	Tintern Road CA
0	27–39 & 34–52 Tintern Road		Tintern Road CA
262	31 Tintern Road	House	Tintern Road CA
262	33 Tintern Road	House—Buninyong	Tintern Road CA
	38 Tintern Road	Villa	Tintern Road CA
128	27 Turner Avenue	House	Haberfield CA
C	1–34 Victoria Square		Victoria Square CA
58	13 Victoria Square	House	Victoria Square CA
59	17 Victoria Square	House—Lugarno	Victoria Square CA
60	12–14 Victoria Street	Police Station
61	16 Victoria Street	Fire Station
263	63 Victoria Street	Masonic Hospital
	78 Victoria Street	House
264	85 Victoria Street	House and Pavilion—Mountjoy
	98 Victoria Street	Villa
267	102 Victoria Street	Glenworth
265	104 Victoria Street	House—Delgulinn
266	108 Victoria Street	House—Victoria
C	116–138 Victoria Street		Victoria Square CA
53	Victoria Street (Corner Seaview Street)	Cardinal Freeman Retirement Village Chapel
63	118 Victoria Street	House	Victoria Square CA
63	120 Victoria Street	House	Victoria Square CA
64	141 Victoria Street	House—Northbridge
269	142 Victoria Street	House
65	153 Victoria Street	House (now flats)
I	155, 157, 159, 171 & 173 Victoria Street		Holwood Avenue CA
66	175 Victoria Street	House—Inveran
270	185 Victoria Street	House
271	Victoria Street between Norton Street and Seaview Street	Street Plantings
273	17 Wallace Street	House—Carinya
274	27 Wallace Street	House—Nangaier
275	Watson Avenue	Water Board Pumping Station
	9 Wattle Street	Cottage
	2 Webbs Avenue	Bungalow
276	3 Webbs Avenue	House—Wendouree
E	1–49 Wellesley Street (Odd numbers only)		Quarantine Ground CA
279	2–44 Wellesley Street (Even numbers only)	Row of Houses
L	1–15, 2–18 Wetherill Street		Wetherill Street CA
272	Yeo Park	Reserve
67	Yeo Park	Rotunda

sch 7: Ins 11.9.1998. Am 6.6.2003; 24.12.2003; 2004 No 91, Sch 2.4 [5].

Schedule 8 Exempt development

(Clause 8A)

Development type	Requirements
Erection or installation and use, or carrying out, of the following:
ADVERTISEMENTS
Advertisement within a site being an advertisement which is not visible from outside the site on which it is displayed.	None.
Advertisement on a motor vehicle used principally for conveying goods or passengers.	None.
Business identification sign being an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed: (a)  identity or a description of the place or premises, (b)  identity or a description of any person residing at or carrying on an occupation at the place or premises, (c)  particulars of any occupation carried on at a place or premises, (d)  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there, (e)  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act, (f)  particulars relating to the goods, commodities or services dealt with or provided at the place or premises, (g)  particulars of any activities held or to be held at the place or premises, (h)  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.	When displayed within Zone No 2 (a), 2 (b) or 2 (c), such a sign: (a)  must not exceed 0.75 m2 in area, and (b)  must not stand more than 1.5 m above ground level, and (c)  must not exceed one in number per property (but not including a medical practitioner’s light box), and (d)  must not be illuminated unless it is a standard sized medical practitioner’s light box. When displayed within Zone No 3 (a), 3 (b), 3 (c), 3 (d) or 4 (b): (a)  if there is no awning on the premises, there may be one or more such signs, but none is to extend more than 3.6 m above ground level or above the level of the bottom of the first-floor window (whichever is lower) and not more than 30% of the area of a shopfront (including window area) is to be covered by such signs, or (b)  if there is an awning attached to the premises, there may be one or more signs below the level of the awning provided not more than 30% of the area of the shopfront (including window area) is to be covered by such signs. A business identification sign must not relate to premises used as a brothel.
Change of message	Such an advertisement may be displayed within any zone provided: (a)  the previous advertisement was lawful and there is no change to the area of the sign on which it is displayed, and (b)  the sign does not relate to premises used as a brothel.
Public notice being a notice for public information displayed by a public authority giving information or directions about services provided.	None.
Real estate sign being an advertisement that contains only a notice that the place or premises to which it is fixed is or are for sale or letting together with particulars of the sale or letting) and that is not displayed more than 14 days after the letting or completion of the sale.	Such a sign must not be illuminated. If the sign relates to the letting or the sale of residential premises: (a)  it must not exceed 0.75 m2 in area, and (b)  the aggregate area of signage must not exceed 2.5 m2. Such a sign relating to commercial or industrial premises must not exceed 3.5 m2 in area.
Sign behind the glass line of a shop window visible from a public place	Such a sign may be displayed within any zone provided it does not cover more than 30% of the area of the window.
Temporary sign being an advertisement of a temporary nature that: (a)  announces any local event of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and (b)  does not include advertising of a commercial nature or for a commercial event.	Such a sign: (a)  must not be displayed earlier than 28 days before the event, and (b)  must be removed within 14 days after the event.
AERIALS/MICROWAVE ANTENNAE	Standard aerials for TV reception only. One per property. For domestic use only. Maximum height 3 m above ridge height. Must not be a separate pole in the yard space of the dwelling.
AIR CONDITIONING UNITS FOR SINGLE DWELLINGS	Attached to an external wall or ground mounted. Located a minimum of 3 m off any property boundary. Noise level must not be more than 5dB (A) above surrounding noise levels at the property boundary. The building work must not reduce the structural integrity of the building. Any opening created must be adequately weatherproofed.
AWNINGS, CANOPIES AND STORM BLINDS OVER WINDOWS AND DOORS (all buildings) (see separate entry for Rollershutters)	Located at least 450 mm within property boundaries. Requires no other supporting structure.
BARBECUES (permanently constructed, non-movable)	Must be for domestic use only. Not located adjacent to, or within 6 m of, a window or other ventilation opening on adjacent buildings. No roof or other cover. One per property. Maximum height 2,100 mm.
BUS SHELTERS	Must be designed and constructed by or for council. Structurally adequate construction. Must not obstruct the line of sight of vehicular traffic. A maximum height of 2.7 m above the footpath. Area of not less than 10 m2. Must not involve the display of an advertisement unless otherwise allowed by some other provision of this plan.
CHANGE OF USE A different use resulting from a change of use: •  from shop to another shop •  from office to another office •  between social and sporting clubs (other than clubs registered under the Registered Clubs Act 1976) •  between community or cultural centres •  from industry to another industry	Must be change from an existing lawful use to another lawful use. Different use is not a brothel. No display or sale of publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or display of objects primarily concerned with sexual behaviour. No extension to hours outside hours of operation before the change. The curtilage of any shop or office must not be used for storage or display purposes. Different use complies with the conditions of any development consent relating to the use of the building or land. In relation to industry, only if both the former use and different use: (a)  do not involve the use of more than 500 m2 of floor area, and (b)  have rear access or off-street loading facilities, and (c)  do not operate before 6 am or after 6 pm.
CLOTHES HOISTS/LINES	Installed to manufacturer’s specifications. Located behind the building line. If associated with a residential flat building, must be shielded from public view by use of louvres or other screening devices (which will still allow access to sun and breezes).
DECKS	Maximum area of deck 10 m2. Located at rear of main building. Minimum 450 mm setback from boundary. Must not be roofed. Maximum height 500 mm above ground level to top of deck.
DEMOLITION	Development consent to erect the structure to be demolished would not be required. The demolition is carried out according to Australian Standard AS 2601–1991 (The demolition of structures).
DRIVEWAYS, PATHWAYS (private land)	Not over public land. Must not be elevated or suspended above natural ground level. Rainwater must not be directed onto adjoining property. One driveway or pathway per property. Must be of structurally sound and stable construction with adequate reinforcement.
EXTERNAL LIGHTING (DOMESTIC) (except for tennis courts, sporting fields and the like)	Must not cause glare onto adjoining properties or streets.
FENCES (other than fences covered by the Swimming Pools Act 1992)	Location must not alter overland flow of water. For front boundary fences (between the building line and street or other public place)—maximum height 1 m if constructed of timber, metal or lightweight materials. For side and rear boundary fences (between the building line and the rear boundary)—maximum height 1.8 m if constructed of timber, metal or lightweight materials. For masonry or brick fences regardless of location—maximum height 1 m.
FLAGPOLES	Maximum height 6 m above ground level. Not to be used to display advertising material, logos or similar matter. One per property. Must be structurally adequate.
GOAL POSTS, SIGHT SCREENS AND SIMILAR ANCILLARY SPORTING STRUCTURES	Construction by or for council and installed in accordance with relevant Australian standards or the Building Code of Australia. Located in public park or recreation areas.
HOME OCCUPATIONS	None.
IDENTIFICATION, INTERPRETIVE, DIRECTIONAL AND ADVANCE WARNING SIGNS	Constructed and installed by or on behalf of council or the Roads and Traffic Authority.
LETTER BOXES	Maximum height of 1.2 m above ground level.
MINOR INTERNAL ALTERATIONS TO DOMESTIC DWELLINGS being previously completed buildings	Work must comply with the Building Code of Australia. Work must not affect the structural stability of the building. Non-structural work only such as: (a)  replacement of doors, linings of walls, ceiling or floors or deteriorated frame members, (b)  renovations of bathrooms or kitchens, (c)  inclusion of built-in fixtures such as vanities, cupboards and wardrobes. Work must not change room configurations, reduce window arrangements for light or ventilation needs, reduce doorways for egress or enclose open areas.
OUTBUILDINGS USED EXCLUSIVELY FOR THE FOLLOWING AND SIMILAR ACTIVITIES: •  Garden shed •  Cubby house •  Greenhouse •  Bird aviary •  Gazebo •  Cabana •  Kennel	Not of masonry construction. Detached from main dwelling. Maximum gross floor area 10 m2. Located behind building line to any street frontage. Maximum height 2.1 m. Located at least 450 mm from any property boundary. Safety glazing to any glass doors conforming to Australian Standard AS/NZS 2208:1996 (Safety glazing materials in buildings). Roofing material to be non-reflective. Constructed in accordance with any manufacturer’s instructions. Not connected to any plumbing or electricity supply.
PARK AND STREET FURNITURE AND PUBLIC PLAYGROUND EQUIPMENT such as seats, bins, picnic tables, community notice boards and minor shelters not including bus shelters	Constructed or installed by or for council and designed, fabricated and installed in accordance with relevant Australian standards. Located on land under control of council.
PATHS AND STAIRCASES INSTALLED IN PUBLIC PARKS AND RECREATION SPACES	Constructed or installed by or for council. Designed, fabricated and installed in accordance with the Building Code of Australia (Section B) and: (a)  for steel structures—Australian Standard AS 4100–1998 (Steel structures), (b)  for timber structures—Australian Standard AS 1720.1–1997 (Timber structures—Design methods), AS 1720.2–1990 (Timber structures—Timber properties) and AS 1720.4–1990 (Timber structures—Fire-resistance of structural timber members), (c)  for concrete structures—Australian Standard AS 3600–1994 (Concrete structures).
PAVED AREA AT GROUND LEVEL (such as patios)	Must not exceed an area of 20 m2. Entirely at ground level. Rainwater must not be redirected onto adjoining property. Sufficient stepdown must be provided between patio and building to prevent the entry of water into internal areas. Any minimum landscaped area requirement must be maintained.
PERGOLA	Not enclosed and with open roof structure. Maximum area 10 m2. Maximum height 2.4 m. Attached to a dwelling or free-standing. Located behind building line to any street frontage. Located at least 450 mm from any property boundary.
PLAYGROUND EQUIPMENT (on private property)	Installed to manufacturer’s specifications. Maximum height above ground 2.4 m. Maximum area 10 m2. Located at least 450 mm from any boundary line. Located at rear of premises.
PORTABLE CLASSROOMS AND SCHOOL BUILDINGS	Must be structurally adequate. Installation must accord with a suitably qualified engineer’s design. Must comply with the Building Code of Australia. Location must only be in school grounds and not contravene any other consent. Rainwater to be connected to an adequate rainwater system. Must not exceed 1 storey in height. Must be removed within 5 years of erection. Written notice must be given to council advising date of erection.
RAMPS FOR THE DISABLED	Maximum height of 1 m (above existing finished or natural ground level). Maximum grade of 1:14 and must otherwise accord with Australian Standard AS 1428.1–1998 (Design for access and mobility—General requirements for access—New building work).
RECLADDING OR REPAIR OF EXISTING ROOF OR WALLS (Domestic buildings only)	No alteration to existing window or door openings or their location and size. The type of roofing material is the same as the original material. No structural alterations required. Any works involving asbestos cement must comply with the WorkCover Authority’s Short Guide to Working with Asbestos. Any works involving lead paint removal must not cause lead contamination of air or ground.
ROLLERSHUTTERS TO DOORS, WINDOWS ETC	Not visible from the public street or a public place (other than a laneway), unless it is to a vehicular garage or entrance. Must not involve structural alteration.
ROLLERSHUTTERS TO VEHICULAR GARAGE OR ENTRANCE	Must not involve structural alteration.
ROOF VENTILATORS FOR SINGLE DWELLINGS	Maximum area of installation does not exceed 0.3 m2. The building work must not reduce the structural integrity of the building or involve structural alterations. Installed to manufacturer’s specifications.
SATELLITE DISHES	Directly attached to roof or wall or, if on ground, within rear yard and maximum height 1,800 mm. Maximum diameter 1.5 m when situated on the ground or 650 mm when attached to the roof or wall. One only for each allotment.
SKYLIGHTS OR ROOF WINDOWS	Maximum area of installation for all windows does not exceed 1 square metre. The building work must not reduce the structural integrity of the building or involve structural alterations.
SOLAR WATER HEATERS includes solar systems and heat-pumps	Solar systems must be flush with the roof plane, only at rear roof plane and with the water tanks located elsewhere. The work must not reduce the structural integrity of the building or involve structural alterations. Installation must be carried out by a licensed person.
SOLAR REFLECTORS	Must be flush with the roof plane and only at rear. The work must not reduce the structural integrity of the building or involve structural alterations. Installation must be carried out by a licensed person.
SUBDIVISION (Torrens Title land only) for the purpose of: (a)  rectifying an encroachment upon an allotment, if no additional allotments are created, or (b)  excising an allotment of land which is, or is intended to be, used for public purposes (including a public reserve, drainage purposes, bushfire or rescue service purposes or public conveniences), not involving the public acquisition of the land.	Any site area or setback requirements must be maintained.
TEMPORARY BUILDERS’ SHEDS, PORTALOOS, MARQUEES AND THE LIKE	Must be removed on completion of associated development or within 5 months, whichever is the lesser. Located within property boundaries. Portaloos must be located a minimum 6 m from any adjacent living area. Marquees must not be in place for longer than 72 hours. Written notification must be given to council advising date of erection.
USE OF PUBLIC OPEN SPACE FOR COMMUNITY, CULTURAL OR COMMERCIAL PURPOSES	Must be in accordance with a temporary licence or hire agreement or other decision by council as land owner.
USE OF A CLASS 9B BUILDING FOR A PUBLIC MEETING	Temporary use only.
UTILITY INSTALLATION MAINTENANCE OR REPAIR	Maintenance or emergency work only.
WATER TANKS AT OR ABOVE GROUND LEVEL	Maximum capacity 2,500 litres. Maximum overall height 1,800 mm. Located behind the existing building line. Constructed or installed in accordance with manufacturer’s specifications. Must be mosquito proofed.
WINDOWS, GLAZED AREAS AND EXTERNAL DOORS (residential premises only)	Replacement with materials that comply with: (a)  Australian Standard AS 1288–1994 (Glass in buildings—Selection and installation), and (b)  Australian Standard AS/NZS 2208:1996 (Safety glazing materials in buildings). No reduction in the area provided for light and ventilation is permitted and structural support members cannot be removed.

schs 8–10: Ins 16.3.2001.

Schedule 9 Complying development

(Clause 8B)

Development type	Development standards and other requirements
The erection and use, or carrying out of, the following:
BED AND BREAKFAST ACCOMMODATION (not including any building works)	A maximum of 2 guest bedrooms. A smoke detection system that complies with Australian Standards AS 3786–1993 (Smoke alarms) and AS/NZS 3000:2000 (Electrical installations) (known as the Australian/New Zealand Wiring Rules) is in the dwelling. A fire extinguisher and fire blanket are in the kitchen. Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where the dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989. There are no key-release deadlocks on guest bedroom or exit doors and no bars or other restrictions placed on windows.
COMMERCIAL AND SHOP BUILDINGS
A different building use resulting from a change of use from a shop to an office, or from an office to a shop	No increase to the total floor area of the building. No more than 300 m2 of floor area is changed from an office to a shop. Different use is not a brothel. No increase to the total floor area of the building. No more than 300 m2 of floor area is changed from an office to a shop. Different use is not a brothel. No display or sale of publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or display of objects primarily concerned with sexual behaviour. The new use must replace a former use carried out in accordance with a development consent.
Internal alterations to a shop or an office	No increase to the total floor area of the building. Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems.
Replacement of footpath awnings	Footpath awnings are to: (a)  have approval from council under section 126 of the Roads Act 1993, and (b)  replace like with like where in a heritage conservation area, and (c)  be set back at least 600 mm from the kerb line with a minimum clearance of 3.6 m above footpath level.
HOUSES AND EXTENSIONS
Additions to rear of free-standing dwelling houses (including associated demolition)	General requirements All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Additions to ground floor only. An addition must not provide for an additional dwelling. An addition must not to result in the loss of off-street parking. No part of the structure may be located within the drip line of an existing tree (unless permission has been obtained to remove the tree). The addition must not increase the floor area of the dwelling by more than 40 m2. Any demolition must be carried out to Australian Standard AS 2601–1991 (The demolition of structures).
	Urban form and design requirements External walls of the addition must be located not less than 900 mm from a property boundary. The ground floor level of the addition must be no more than 500 mm above natural ground level at any point. The distance between the floor level and the underside of the eaves must be no more than 2.7 metres. The roof pitch must be no more than 30 degrees and openings must be flush with the roof. The height of the addition must not exceed the existing ridge height or 3.6 metres above natural ground level, whichever is the higher. Materials and window and door proportions must match existing building.
	Amenity requirements Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high. Solar access must be maintained to adjacent properties’ habitable rooms for a minimum period of 2 hours between 9 am and 3 pm at the winter solstice or, where less than 2 hours solar access is currently available, no additional overshadowing is permitted. Solar access to the subject property and adjacent properties’ primary landscaped area must be maintained over a minimum of 50% of that space for a period of at least 3 hours between 9 am and 3 pm at the winter solstice. The extension must not result in a private outdoor area of less than 40 m2 or a minimum dimension of less than 3.5 m.
Structural internal alterations	All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). No external works. No increase to the total floor area of the building. Alterations to ground floor only.
Alteration and addition of windows and doors other than: •  addition of openings in party or common walls, or •  addition of openings with an area greater than 4 m2	General requirements All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Openings are to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings
	Amenity requirements Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high and the floor level of the room is less than 0.5 m above ground level at the boundary. Alterations and additions to ground floor only. No alterations and additions to primary street frontage. New window and door openings to habitable rooms within 9 m of, and allowing a view of a window of a habitable room in, another dwelling must be offset by not less than 0.5 m.
	Urban form and design requirements Materials and window and door proportions must match existing building.
Dormer windows and extensions within the existing roof space, including gablet windows being additions or extensions to bedrooms, bathrooms or the creation or extension of storage rooms	General requirements All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Development only to rear of property. Not to be visible from a public place (excluding back lanes). Only one dormer window permissible per roof plane.
	Urban form and design requirements The dormer window is to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings. Dormer windows are to be centrally located along the width of the roof. Dormers are to be traditionally vertically proportioned, with a height 1.5 width. Dormer windows are to be set below the ridgeline and up from the eaves. Materials and window and door proportions must match existing building.
	Amenity requirements Dormer windows are not to be located adjacent to bedroom windows of adjoining dwellings. The sides of the dormer windows are to be of a solid construction without glazing.
INDUSTRIAL AND WAREHOUSE BUILDINGS
Internal alterations	No increase to the total floor area of the building. Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems.
Replacement of roofing material	Any setback requirements and building height requirements must be maintained. No structural alterations required. Any works involving asbestos cement must comply with the WorkCover Authority’s Short Guide to Working with Asbestos.
SWIMMING POOLS Development for the purpose of swimming pools on lots over 450 m2 in area if the pool is ancillary to a dwelling occupied for private use only.	Streetscape The pool will not be between the dwelling and the front boundary.
	Bulk and scale All coping or decking around the pool is not more than 150 mm above the natural ground level. The pool is at least 1.5 m from the nearest side and the rear boundaries.
	Privacy and security The noise level of any filtration equipment or pumps does not exceed 5 dB (A) above the ambient background level measured at the property boundary.
	Open space and landscaping Minimum private outdoor area of 40 m2 excluding the area of the water and minimum dimension of 3.5 m is to be maintained.
	Installation and construction The installation and construction of the pool complies, where relevant, with the Swimming Pools Act 1992 and the Swimming Pools Regulation 1998, and (a)  Australian Standards AS/NZS 1838:1994 (Swimming pools—Premoulded fibre-reinforced plastics—Design and fabrication) and AS/NZS 1839:1994 (Swimming pools—Premoulded fibre-reinforced plastics—Installation), or (b)  AS 2783–1992 (Use of reinforced concrete for small swimming pools).
	Pool and surrounding structures The pool and surrounding structures comply with AS 1926–1986 (Fence and Gates for Private Swimming Pools) as published on 4 August 1986.

schs 8–10: Ins 16.3.2001.

Schedule 10 Conditions of complying development certificates

(Clause 8B)

Before you begin work

1 Two days before any site works, building or demolition begins, the applicant must: (a) inform adjoining owners in writing that work will commence, and (b) forward to the council a notice of the appointment of the principal certifying authority and of intention to commence the erection of a building or subdivision work. The notice forwarded to the council must contain the following information and be in the form (if any) approved by the council: (a) the name and address of the person by whom the notice is being given, and (b) a description of the work to be carried out, and (c) the address of the land on which the work is to be carried out, (d) the registered number and date of issue of the relevant complying development certificate, and (e) the name and address of the principal certifying authority, and (f) if the principal certifying authority is an accredited certifier: (i) his or her accreditation number, and (ii) the name of the accreditation body by which he or she is accredited, and (iii) a statement signed by the accredited certifier to the effect that he or she consents to being appointed as principal certifying authority.

2 Before any site works, building or demolition begins, the applicant must: (a) notify the council of the name, address, phone number and licence number of the builder, and (b) erect a sign at the front of the property with the builder’s name, licence number, site address and the number given by the council to the application for the complying development certificate, and (c) provide for access to an on-site toilet, and (d) protect and support any neighbouring buildings, and (e) protect any public place from obstruction, inconvenience or damage due to the carrying out of the development, and (f) prevent any substance from falling onto any public place, and (g) have obtained a certificate of compliance if required from Sydney Water Corporation Ltd, and (h) comply with any other conditions prescribed by the Environmental Planning and Assessment Regulation 2000 . This item does not impose a requirement on an applicant if it is complied with by the builder.

Site management

3 Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows: (a) divert uncontaminated run-off around cleared or disturbed areas, (b) erect a silt fence to prevent debris escaping into drainage systems or waterways, (c) prevent tracking of sediment by vehicles onto roads, (d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site.

4 Removal or disturbance of vegetation and topsoil must be confined to within 3 metres of the proposed building.

Drainage

5 The land surrounding any structure must be graded to divert surface water to the street, and must be clear of existing and proposed structures and adjoining premises.

6 If the water falls to the rear of the property, it must be collected and drained via a gravity system to a council stormwater line or disposed of in a manner consistent with the council’s Soil and Water Management Policy .

Inspections during construction

7 The applicant must notify either the council or an accredited certifier at least 48 hours in advance in writing, by fax or phone, to inspect the following: (a) erosion controls, site works and site set out, before building starts, (b) placement of piers or foundation before placing footings, (c) steel reinforcing before pouring concrete, (d) framework of structure before lining or cladding is fixed, (e) stormwater drainage and on-site detention before back-filling, (f) wet areas treated before lining or tiling, (g) final inspection prior to occupation or use.

Hours of work

8 Any building work must be carried out between 7 am and 6 pm Monday to Friday and 8 am to 5 pm Saturdays, but not on Sundays or public holidays.

Survey certificate

9 For all: (a) non-residential development, or (b) Class 10a and 10b buildings less than 450 mm from the boundary, or (c) Class 1a and 1b buildings less than 1500 mm from the boundary, (excluding internal works), a survey certificate must be given to the principal certifying authority at the following stages: (a) on completion of floor slab framework before concrete is poured, detailing the location of the structure in relation to the boundaries, and (b) at completion of the lowest floor, confirming that levels are in accordance with the certificate. (Levels must relate to the datum shown on the certificate.)

Site access

10 Driveways are to be a minimum of 500 mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including council drainage structures, unless prior approval is obtained from the relevant authority.

11 Driveways are to be a minimum of 6 m from a road intersection.

12 Driveways are to be constructed in accordance with any relevant requirements of Australian Standard AS 2890.1–1993 ( Parking facilities—Off-street car parking ) , with appropriate transition zones.

Occupation certificate

13 Unless it is a Class 1a, 1b, 10a or 10b building, the building is not to be occupied before issue of an occupation certificate.

Notes—

Builders insurance
The builder or person who does residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy council that they have so complied.

Construction Industry Long Service Levy
It is the responsibility of the builder or person who does building work to satisfy the council or accredited certifier under section 85A (10A) of the Environmental Planning and Assessment Act 1979 that any long service levy (or instalment of a levy) payable under the Building and Construction Industry Long Service Payments Act 1986 has been paid.

schs 8–10: Ins 16.3.2001.