Lane Cove Local Environmental Plan 1987

Part 1 Preliminary

1 Name of plan

This plan may be cited as Lane Cove Local Environmental Plan 1987.

2 Aims, objectives etc

(1)  The general aims of this plan are:

(a)  to preserve and where appropriate improve the existing character and environmental quality of the land to which it applies in accordance with the indicated expectations of the community, and

(b)  to integrate previous planning controls in one comprehensive document.

(2)  The particular aims of this plan are:

(a)  in relation to housing:

(i)  to maintain and where appropriate improve the existing amenity and environmental character of residential zones,

(ii)  to provide additional medium density housing in limited quantities within certain residential zones to assist in the maintenance of the present population of the Municipality, and

(iii)  to permit new residential development only where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development,

(b)  in relation to retailing and business activities:

(i)  to confine existing business zones to the Lane Cove Shopping Centre and to prevent their expansion into surrounding residential precincts,

(ii)  to protect and promote the existing village atmosphere of the Lane Cove Shopping Centre by ensuring that it retains its current local shopping centre character,

(iii)  to permit the establishment, with the consent of the council, of local neighbourhood shops of a single conventional type in all residential zones, and

(iv)  to enforce height controls in business zones to protect adjoining residential areas from overshadowing,

(c)  in relation to the provision of open space and management of foreshore land:

(i)  to preserve and where appropriate restore identified privately owned bushland areas,

(ii)  to include identified bushland areas previously included in existing open space zones in an open space bushland zone,

(iii)  to restrict certain development within 30 metres of the Lane Cove River foreshores,

(iv)  to make provision for rights of public access to increased areas of foreshore land and to link existing open space areas (public enjoyment and access to open space areas are to be maximised by the construction of foreshore walks),

(v)  to provide for dedication wherever possible of foreshore land as a condition of development consent to development on the foreshore, and

(vi)  to regulate the visual impact of all development within foreshore areas having regard to height, bulk, colour and texture of materials and design,

(d)  in relation to conservation:

(i)  to protect, maintain and effectively manage natural bushland areas,

(ii)  to control all new buildings, extensions and alterations to ensure their compatibility with existing environmental character, and

(iii)  to preserve river foreshores, which are in natural or partially natural condition, from change due to new development, and

(e)  in relation to the provision of community facilities to provide for the range and types of community facilities which meet the needs of the residents of the Municipality and the users of the community services.

3 Land to which plan applies

(1)  Except as provided by subclause (2), this plan applies to all land within the Municipality of Lane Cove as shown on the map with boundaries as indicated on the map.

(2)  This plan does not apply to the land shown on the map edged heavy black and marked “deferred”.

4 Relationship to other environmental planning instruments

(1)  This plan repeals:

(a)  The Lane Cove Planning Scheme Ordinance,

(b)  Interim Development Orders Nos 5–9 and 11–16—Municipality of Lane Cove,

(c)  Interim Development Orders Nos 17–19—Lane Cove,

(d)  Lane Cove Local Environmental Plans Nos 1–3, 5, 6, 10, 11 and 12, and

(e)  other local environmental plans and deemed environmental planning instruments to the extent to which each instrument, immediately before the appointed day, applied to the land to which this plan applies.

(2)  The following environmental planning instruments do not apply to land to which this plan applies:

State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision,

Sydney Regional Environmental Plan No 12—Dual Occupancy.

cl 4: Am 10.3.1995.

5 Interpretation

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

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

archaeological site means:

(a)  the site of a European heritage item described in Part 1 of Schedule 4, being a site shown on the heritage map, or

(b)  a site that has Aboriginal heritage significance, being a site indicated in Part 2 of Schedule 4 by means of a site number allocated by the National Parks and Wildlife Service.

arterial road means any land shown on the map by a broken red band between firm black lines.

bed and breakfast establishment means a property which is occupied by the permanent residents and is used to provide temporary paid accommodation to guests that may include meals.

brothel means premises used habitually for the purposes of prostitution, that is, the engaging in a sexual activity by persons for payment. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the area or, if altered, is still representative of the structure and floristic character of the natural vegetation.

CBD housing means a building that contains a shop or commercial premises and one or more dwellings, except where one or more of the dwellings, other than its carparking, is at ground level and fronts a public road, arcade or plaza.

community facility means a building or place owned or controlled by the council and used to provide:

(a)  facilities comprising or relating to any one or more of the following:

(i)  a public welfare referral service,

(ii)  counselling services,

(iii)  public health services, including baby health centres,

(iv)  a public library or branch of a public library,

(v)  child minding facilities,

(vi)  spaces available for public exhibitions,

(vii)  public car parking, or

(b)  any other like facilities.

council means the Council of the Municipality.

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.

demolition, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work in whole or in part.

dwelling-house means a building containing one but not more than one dwelling and includes a building commonly known as a semi-detached dwelling erected on its own allotment which is attached to not more than one other dwelling.

earthwork means the addition or removal of any solid material on, to or from land, or any other work which will alter the existing ground level or character of the surface of that land (other than landscaping associated with Class 1 buildings as classified in Ordinance No 70 under the Local Government Act 1919).

exhibition home means a dwelling or dwelling-house which is used by developers to give potential purchasers an example of the type of dwelling they produce.

family day care service means a child care service that organises or arranges for a service to be provided by a carer at the home of the carer for the purpose of educating, minding or caring for (but without providing residential care for) one or more children (disregarding any children who are related to the carer).

heritage conservation area means an area of heritage significance being the land shown edged distinctively and by the lettering “Heritage Conservation Area” on the heritage map and includes buildings, works, relics, trees and places situated on or within that land.

heritage item means a building, work, relic, tree or place of heritage significance to the area of Lane Cove that is described in Schedule 3 or 6 and shown on the heritage map.

heritage map means the series of maps marked “H/S”, as amended by the maps (or, if any sheets of the maps are specified, by the 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.

Lane Cove Local Environmental Plan 1987 (Amendment No 44)

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

home industry means an industry carried on in a building (other than a dwelling-house, townhouse, villa home, duplex building or residential flat building) under the following circumstances:

(a)  the building does not occupy more than 30 square metres of the site area and is erected within the curtilage of the dwelling-house, townhouse, villa home, duplex building or residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person, and

(b)  the industry does not:

(i)  interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise,

(ii)  involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or

(iii)  require the provision of any essential service main of a greater capacity than that available in the locality.

home occupation means an occupation carried on in a duplex building, dwelling-house, townhouse, villa home, duplex or dwelling in a residential flat building by the permanent residents of the building which does not involve:

(a)  the registration of the building under the Factories, Shops and Industries Act 1962,

(b)  the employment of persons other than those residents,

(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise,

(d)  the display of goods, whether in a window or otherwise,

(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house, townhouse, villa home, duplex building or dwelling to indicate the name and occupation of the resident and the ours of operation), or

(f)  the use of more than 30 square metres of floor area.

home-based child care service means a child care service that is provided at the home of the licensee of the service for the purpose of educating, minding or caring for (but without providing residential care for) one or more children (disregarding any children who are related to the person providing the service).

Municipality means the Municipality of Lane Cove.

potential archaeological site means a site described in Schedule 5 and shown on the heritage map and includes a site known to the Council to have archaeological potential even if it is not so identified and shown.

professional consulting rooms means one or more rooms:

(a)  forming part of, attached to or within the curtilage of, a dwelling-house of which no less than 50 per cent of the floor area is used solely for residential purposes, and

(b)  used by not more than 2 registered medical practitioners, by not more than 2 dentists within the meaning of the Dentists Act 1989 or by not more than 2 health care professionals, who practise the profession of medicine, dentistry or health care in the room or rooms and who are not specialist medical practitioners recognised by the Specialist Recognition Advisory Committee for New South Wales established under the Health Insurance Act 1973 of the Commonwealth.

recreation area means:

(a)  a children’s playground,

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

(c)  an area used by a body of persons associated together for the purposes of 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 or showgrounds.

relic means:

(a)  any deposit, object or material evidence (not including human remains) relating to the use or settlement of the area of Lane Cove, not being Aboriginal habitation, which is more than 50 years old, or

(b)  any deposit, object or material evidence (which could consist of human remains) relating to Aboriginal habitation of the area of Lane Cove whether before or after its occupation by persons of European extraction.

residential flat building means a building containing three or more dwellings.

small scale commercial premises means a building or place used as an office or for other business or commercial purposes, having a gross floor area used for those purposes which does not exceed 60 square metres.

the map means the series of maps marked “Lane Cove Local Environmental Plan 1987” 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.

Sheet 5 of Sydney Regional Environmental Plan No 7—(Multi-Unit Housing: Surplus Government Sites) (Amendment No 1)

Lane Cove Local Environmental Plan 1987 (Amendment No 2), sheet 1

Lane Cove Local Environmental Plan 1987 (Amendment No 3)

Lane Cove Local Environmental Plan 1987 (Amendment No 4)

Lane Cove Local Environmental Plan 1987 (Amendment No 5)

Lane Cove Local Environmental Plan 1987 (Amendment No 7)

Lane Cove Local Environmental Plan 1987 (Amendment No 8)

Lane Cove Local Environmental Plan 1987 (Amendment No 9)

Lane Cove Local Environmental Plan 1987 (Amendment No 10)

Lane Cove Local Environmental Plan 1987 (Amendment No 12), Sheets 1–3

Lane Cove Local Environmental Plan 1987 (Amendment No 16)

Lane Cove Local Environmental Plan 1987 (Amendment No 17), sheets 1, 2 and 3

Lane Cove Local Environmental Plan 1987 (Amendment No 19)

Lane Cove Local Environmental Plan 1987 (Amendment No 21)

Lane Cove Local Environmental Plan 1987 (Amendment No 23), Sheet 1

Lane Cove Local Environmental Plan 1987 (Amendment No 27)

Lane Cove Local Environmental Plan 1987 (Amendment No 28), Sheet 1

Lane Cove Local Environmental Plan 1987 (Amendment No 33)

Lane Cove Local Environmental Plan 1987 (Amendment No 36)

Lane Cove Local Environmental Plan 1987 (Amendment No 38)

Lane Cove Local Environmental Plan 1987 (Amendment No 39)

Lane Cove Local Environmental Plan 1987 (Amendment No 43)—sheet 1

Lane Cove Local Environmental Plan 1987 (Amendment No 47)

Lane Cove Local Environmental Plan 1987 (Amendment No 48)

Lane Cove Local Environmental Plan 1987 (Amendment No 51)

townhouse means a dwelling in a two-storey building containing three or more dwellings, and within the curtilage of which pedestrian access and open space exclusive to each dwelling is provided.

villa home means a building of one but not more than one residential storey containing two or more dwellings within the curtilage of which pedestrian access and open space exclusive to each dwelling is provided.

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

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

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

(c)  land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified.

cl 5: Am 19.2.1988; 27.10.1989; 19.10.1990; 11.1.1991; 13.9.1991; 12.6.1992; 19.6.1992; 7.5.1993; 21.1.1994; 22.4.1994; 29.4.1994; 6.5.1994; 20.5.1994; 5.8.1994; 27.1.1995; 10.3.1995; 4.8.1995; 8.12.1995; 16.2.1996; 7.11.1997; 17.7.1998; 18.9.1998; 2.10.1998; 5.3.1999; 30.4.1999; 22.10.1999; 18.2.2000; 25.2.2000; 6.10.2000; 2.3.2001; 26.10.2001.

6 Model Provisions

(1)  The Environmental Planning and Assessment Model Provisions 1980 (other than the definitions of arterial road, dwelling-house, home industry, home occupation, professional consulting rooms, residential flat building and map in clause 4 (1) and clauses 15 and 36) are adopted for the purposes of this plan.

(2)  The provisions of clause 35 (c) of the Environmental Planning and Assessment Model Provisions 1980 shall be read as if the clause included a reference to home occupations carried on in a duplex building, townhouse or villa home or a dwelling in a residential flat building.

7 Consent authority

The council is the consent authority for the purpose of this plan.

7A Exempt development

(1)  Development listed as exempt development in DCP No 6—Exempt and Complying Development as adopted by the Council on 6 September 1999 is exempt development, except as provided by subclauses (2) and (3).

(2)  Development is exempt 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 any relevant standards set for the development by DCP No 6—Exempt and Complying Development as adopted by the Council on 6 September 1999, and

(c)  it does not impact adversely on the drainage of the site or other properties, and

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

(e)  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

(f)  it does not require removal of a tree to which the Council’s tree preservation order applies, and

(g)  a compliance certificate has been issued for the development by Sydney Water Corporation under section 73 of the Sydney Water Act 1994 where the development involves a change in the type of volume of trade wastes from the premises, or an increase in water or waste water usage, and

(h)  it is carried out behind the building line, except where it is a letterbox which is not situated on the site of a heritage item or within a heritage conservation area, and

(i)  approval, if required, under the Rivers and Foreshores Improvement Act 1948 is obtained from the Marine Ministerial Holding Corporation, and

(j)  it will be carried out to the rear of the rear alignment of any building on the site on which it is proposed to be carried out, where the site is located in a heritage conservation area identified by this or any other environmental planning instrument, and

(k)  it complies with the Council’s Policy and Code requirements for the disposal of stormwater from all classes of development.

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

(a)  is the site of a heritage item identified in this plan and in the State Heritage Register under the Heritage Act 1977, or

(b)  is an Aboriginal place or known Aboriginal relic, or is dedicated or reserved under the National Parks and Wildlife Act 1974, or

(c)  is within Zone No 5 (a), 5 (b), 6 (a), 6 (b), 9 (a), 9 (b) or 9 (c), or

(d)  has a frontage formed by the mean high water mark, or that is separated from mean high water mark only by open space or a road, or

(e)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(f)  adjoins urban bushland, that is, land to which DCP No 1—Control of Development Adjacent to Bushland, applies, or

(g)  is designated “environmental protection” and marked with black cross-hatching on the map.

cll 7A: Ins 25.2.2000.

7B Complying development

(1)  Development listed as complying development in DCP No 6—Exempt and Complying Development as adopted by the Council on 6 September 1999 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 satisfies the pre-set standards listed in DCP No 6—Exempt and Complying Development as adopted by the Council on 6 September 1999 for the development, and

(c)  it complies with the relevant complying development conditions and other requirements applied to the development by DCP No 6—Exempt and Complying Development as adopted by the Council on 6 September 1999, and

(d)  it will be carried out behind the rear alignment of any building on the site on which it is proposed to be carried out, if that site is located in a heritage conservation area identified by this or any other environmental planning instrument, and

(e)  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

(f)  it does not require removal of a tree to which the Council’s tree preservation order applies, and

(g)  a certificate of compliance has been obtained for the development, if required, from Sydney Water Corporation, and

(h)  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

(i)  approval, if required, under the Rivers and Foreshores Improvement Act 1948 is obtained from the Marine Ministerial Holding Corporation.

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

(a)  is identified in this or any other environmental planning instrument as contaminated land, or

(b)  is a site that has previously been used as a service station, for waste storage or waste treatment or 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, or

(c)  is an Aboriginal place or known Aboriginal relic, or is dedicated or reserved under the National Parks and Wildlife Act 1974, or

(d)  is within Zone No 5 (a), 5 (b), 6 (a), 6 (b), 9 (a), 9 (b) or 9 (c), or

(e)  has a frontage formed by the mean high water mark, or that is separated from mean high water mark only by open space or a road, or

(f)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

(g)  is the site of a heritage item identified in this plan and in the State Heritage Register under the Heritage Act 1977, or

(h)  is within the Greenwich Heritage Conservation Area, or

(i)  adjoins urban bushland, that is, land to which DCP No 1—Control of Development Adjacent to Bushland applies, or

(j)  is designated “environmental protection” and marked with black cross-hatching on the map.

(4)  A complying development certificate issued for any such development is to be subject to the conditions for the development specified in DCP No 6—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

cll 7B: Ins 25.2.2000.

Part 2 General restrictions on development of land

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be 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 (a1) (Residential “A1” Zone)—coloured light scarlet.

Zone No 2 (a2) (Residential “A2” Zone)—coloured light scarlet with dark scarlet edging and lettered “2 (a2)”.

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

Zone No 2 (b1) (Residential “B1” Zone)—edged heavy black and lettered “2 (b1)”.

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

Zone No 3 (a) (Business General “A” Zone)—coloured light blue and lettered “3 (a)”.

Zone No 3 (b) (Business General “B” Zone)—coloured light blue with dark red edging and lettered “3 (b)”.

Zone No 3 (c) (Business Neighbourhood “C” Zone)—coloured medium blue and lettered “3 (c)”.

Zone No 4 (a) (Industrial General Zone)—coloured purple and lettered “4 (a)”.

Zone No 4 (b) (Industrial Waterfront Zone)—coloured purple with dark red edging and lettered “4 (b)”.

Zone No 4 (c) (Industrial Special Zone)—coloured purple with dark red edging and lettered “4 (c)”.

Zone No 5 (a) (Special Uses “A” Zone)—coloured yellow.

Zone No 5 (b) (Special Uses—Railways Zone)—coloured purple.

Zone No 6 (a) (Open Space (Recreation) Zone)—coloured dark green.

Zone No 6 (b) (Open Space (Bushland) Zone)—coloured dark green with green edging and lettered “B”.

Zone No 9 (a) (Local Open Space Reservation Zone)—coloured light green.

Zone No 9 (b) (Arterial Road Reservation Zone)—coloured with a broken red band with black edging.

Zone No 9 (c) (Regional Open Space Reservation Zone)—coloured light green with black edging and lettered “R”.

cl 8: Am 22.10.1999.

9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)  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.

(3)  Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 2 (a1)   (Residential “A1” Zone)

1 Objectives of zone

The objectives are:

(a)  to retain and where appropriate improve the existing residential amenity of a detached single family dwelling area, and

(b)  to provide limited single storey villa home development whilst maintaining the existing street character and encouraging development that is in sympathy with existing neighbourhoods in the following respects:

(i)  set backs,

(ii)  building mass and style,

(iii)  views,

(iv)  dwelling colour,

(v)  landscaping,

(vi)  the provision of off-street parking.

2 Without development consent

Landscaping associated with Class 1 buildings as classified in Ordinance No 70 under the Local Government Act 1919.

3 Only with development consent

Bed and breakfast establishments; child care centres; community facilities; drainage; dwelling-houses; dwellings used in conjunction with shops referred to in Schedule 1; earthworks; educational establishments; exhibition homes; family day care services; home industries; home occupations; home-based child care services; hospitals; places of public worship; professional consulting rooms; roads; shops referred to in Schedule 1; utility installations (other than gas holders or generating works); villa homes.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 2 (a2)   (Residential “A2” Zone)

1 Objectives of zone

The objective is to retain the existing residential amenity of detached single family dwelling areas. New dwelling-houses or extensions of existing dwelling-houses will be permitted only where they would not be highly visible when viewed from the Lane Cove River or Parramatta River.

2 Without development consent

Nil.

3 Only with development consent

Bed and breakfast establishments; child care centres; community facilities; drainage; dwelling-houses; dwellings used in conjunction with shops referred to in Schedule 1; earthworks; educational establishments; exhibition homes; family day care services; home industries; home occupations; home-based child care services; hospitals; places of public worship; professional consulting rooms; roads; shops referred to in Schedule 1; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 2 (b)   (Residential “B” Zone)

1 Objectives of zone

The objectives are to provide for medium density residential development and to retain the existing residential amenity and streetscape. Townhouse or villa home development which will maintain the existing street character and will be sympathetic to the neighbourhood in relation to setback, building mass and style, views, dwelling colour, landscaping, the provision of adequate off-street car parking and minimum overshadowing of neighbouring development will be permitted within the zone.

2 Without development consent

Nil.

3 Only with development consent

Bed and breakfast establishments; child care centres; community facilities; drainage; dwelling-houses; dwellings used in conjunction with shops referred to in Schedule 1; earthworks; educational establishments; exhibition homes; family day care services; home industries; home occupations; home-based child care services; hospitals; places of public worship; professional consulting rooms; roads; shops referred to in Schedule 1; townhouses; utility installations (other than gas holders or generating works); villa homes.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 2 (b1)   (Residential “B1” zone)

1 Objective of zone

The objectives are:

(a)  to provide for townhouses or villa home development which will maintain the existing street character, and

(b)  to provide for residential development which will by sympathetic to the neighbourhood in relation to setbacks, building mass and style, views, dwelling colour, landscaping, and the provision of off-street car parking and with minimum overshadowing of neighbouring development, and

(c)  to ensure other forms of buildings permitted are of a lesser scale than the townhouse development, and

(d)  to encourage the erection of buildings that are designed in response to the characteristics of the site and locality.

2 Without development consent

Nil.

3 Only with development consent

Bed and breakfast establishments; child care centres; community facilities; drainage; dwelling-houses; dwellings used in conjunction with shops referred to in Schedule 1; earthworks; educational establishments; exhibition homes; family day care services; home industries; home occupations; home-based child care services; hospitals; places of public worship; professional consulting rooms; roads; shops referred to in Schedule 1; townhouses; utility installations (other than gas holders or generating works); villa homes.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 2 (c)   (Residential “C” Zone)

1 Objectives of zone

The objective is to retain the existing high level of residential development. Development for the purposes of villa homes, townhouses and residential flat buildings which is sympathetic to the neighbourhood in relation to setbacks, building mass, views, dwelling colour, off-street parking, landscaping and overshadowing of neighbouring development will be permitted within the zone.

2 Without development consent

Nil.

3 Only with development consent

Bed and breakfast establishments; boarding-houses; child care centres; community facilities; drainage; dwelling-houses; earthworks; educational establishments; exhibition homes; family day care services; home industries; home occupations; home-based child care service; hospitals; motels; places of public worship; professional consulting rooms; residential flat buildings; roads; shops referred to in Schedule 1; townhouses; utility installations (other than gas holders or generating works); villa homes.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 3 (a)   (Business General “A” Zone)

1 Objectives of zone

The objectives are to preserve the existing village character of the Lane Cove Shopping Centre so as to ensure that this centre retains its role of “local centre” in the hierarchy of lower North Shore retailing and to permit development for the purpose of offices that conform with the village character.

2 Without development consent

Nil.

3 Only with development consent

CBD Housing; child care centres; clubs; commercial premises; community facilities; drainage; dwellings; earthworks; educational establishments; hotels; motels; parking; places of assembly; public buildings; refreshment rooms; roads; service stations; shops; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 3 (b)   (Business General “B” Zone)

1 Objectives of zone

The objectives are to:

(a)  permit development for the purposes of office buildings where adequate off-street parking is provided,

(b)  prohibit direct vehicular access to the Pacific Highway,

(c)  retain the existing extent of retail facilities, and

(d)  in the case of the block bounded by Lithgow, Oxley and Christie Streets and Christie Lane and the block bounded by Christie, Nicholson and Oxley Streets to:

(i)  only permit development which casts minimal shadow over neighbouring residential zones on 22 June between the hours of 9 am and 3 pm, and

(ii)  permit development which does not intrude into the sky line above the level of the existing commercial office buildings near the subject land on Pacific Highway, St Leonards,

(iii)  permit development which is provided with a high proportion of landscaped open space which invites use by occupants of buildings within and adjacent to this zone,

(iv)  permit the provision of shops to service occupants of office buildings within this zone, and

(v)  permit and where appropriate require the provision of community facilities to service the occupants of the buildings and the adjoining neighbourhood.

The sky line referred to in paragraph (d) (ii) is viewed from the west, southwest, south and southeast. This objective and the objective specified in paragraph (d) (i) are to be carried into effect by a height control plan set out in the relevant development control plan.

2 Without development consent

Nil.

3 Only with development consent

Child care centres; clubs; commercial premises; drainage; dwellings; earthworks; educational establishments; hotels; motels; motor showrooms; parking; professional offices; public buildings; refreshment rooms; roads; shops; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 3 (c)   (Business Neighbourhood “C” Zone)

1 Objectives of zone

The objectives are to provide small scale retailing to cater for a needed local service and to provide for the establishment of certain community facilities.

2 Without development consent

Nil.

3 Only with development consent

Child care centres; drainage; dwellings; earthworks; professional offices; roads; shops; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 4 (a)   (Industrial General Zone)

1 Objectives of zone

The objectives are to establish industries and warehousing, to permit office uses within industrial buildings where those offices are used in association with manufacturing and warehousing and to permit recreation facilities in association with industry.

2 Without development consent

Nil.

3 Only with development consent

Car repair stations; child care centres; drainage; earthworks; industries (other than abattoirs and offensive or hazardous industries); motor showrooms; offices used in conjunction with industries or warehousing; panel beating; recreational facilities used in conjunction with offices or industries; roads; utility installations (other than gas holders or generating works); warehouses.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 4 (b)   (Industrial Waterfront Zone)

1 Objectives of zone

The objectives are to make provision for the continued use of land for oil and petroleum products and storage and distribution purposes to the extent existing at the appointed day.

2 Without development consent

Nil.

3 Only with development consent

Drainage; earthworks; industries associated with the waterfront; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 4 (c)   (Industrial Special Zone)

1 Objectives of zone

The objective is to permit the establishment of light industry or warehousing, and offices used in conjunction with them, in such a manner that they are compatible with neighbouring residential development.

2 Without development consent

Nil.

3 Only with development consent

Earthworks; light industry and offices used in conjunction with it; recreation areas; warehouses; works for the purpose of gardening and landscaping.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 5 (a)   (Special Uses “A” Zone)

1 Objectives of zone

The objectives are to identify the need for and to provide for adequate and efficient utility services and community facilities.

2 Without development consent

Nil.

3 Only with development consent

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

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

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

1 Objectives of zone

The objectives are to identify and provide adequate land for railway purposes.

2 Without development consent

Nil.

3 Only with development consent

Any purpose authorised by the Government Railways Act 1912.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

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

1 Objectives of zone

The objective is to provide passive and active recreation facilities to meet the community’s reasonable identified needs.

2 Without development consent

Nil.

3 Only with development consent

Drainage; earthworks; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purposes of gardening, landscaping and bushfire hazard reduction.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 6 (b)   (Open Space (Bushland) Zone)

1 Objectives of zone

The objective is to preserve bushland areas within the council’s ownership or control in their natural state.

2 Without development consent

Works for the purposes of bushfire hazard reduction; drainage; utility installations.

3 Only with development consent

Bush track construction; works for the purposes of bushland regeneration.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

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

1 Objectives of zone

The objective is to identify privately owned land which should not be developed and which should eventually be acquired by the council.

2 Without development consent

Nil.

3 Only with development consent

Bushland regeneration; bush track construction; drainage; earthworks; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purpose of bushfire hazard reduction.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 9 (b)   (Arterial Road Reservation Zone)

1 Objectives of zone

The objective is to identify land required for arterial road purposes.

2 Without development consent

Nil.

3 Only with development consent

Drainage; earthworks; roads; utility installations (other than gas holders or generating works); works for the purpose of bushfire hazard reduction.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 9 (c)   (Regional Open Space Reservation Zone)

1 Objectives of zone

The objective is to identify, preserve and plan future development of privately owned land of Regional Open Space significance which should eventually be acquired by the State.

2 Without development consent

Nil.

3 Only with development consent

Bushland regeneration; bush track construction; drainage; earthworks; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purpose of bushfire hazard reduction.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

cl 9, table: Am 27.10.1989; 19.6.1992; 21.1.1994; 29.4.1994; 10.3.1995; 21.6.1996; 22.10.1999; 25.2.2000; 6.8.2004; 2006 (721), cl 4.

pt 2, div 1: Ins 10.3.1995.

Part 3 Special provisions

Division 1 Dual occupancy

9A Definition

In this Division, dwelling-house does not include a building, commonly known as a semi-detached dwelling.

cll 9A: Ins 10.3.1995.

9B Dual occupancy permitted with consent

If development for the purposes of a dwelling-house may be carried out on an allotment of land, either with or without development consent, a person may with consent:

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

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

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

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

(e)  alter or add to a building (that is not a dwelling-house) already erected on that allotment so as to create 2 dwellings or alter or add to such a building so as to create a dwelling-house and erect a second dwelling-house on the allotment,

but only if there will be not more than 2 dwellings on the allotment after the development has been carried out.

cll 9B: Ins 10.3.1995.

9C Minimum site area and subdivision of the allotment

(1)  The council must not consent to an application made in accordance with this Division unless:

(a)  in a case where there will be 2 attached dwellings on an allotment after the development has been carried out—the area of the allotment is not less than 750 square metres, or

(b)  in a case where there will be 2 dwelling-houses on an allotment after the development has been carried out—the area of the allotment is not less than 900 square metres.

(2)  On and after the day on which Lane Cove Local Environmental Plan 1987 (Amendment No 26) commences, consent must not be granted for a subdivision which creates separate allotments for each of the two dwellings resulting from development carried out in accordance with this Division.

(3)  The separate occupation of the proposed lots illustrated by a proposed strata plan relating to the two dwellings resulting from development carried out in accordance with this Division is prohibited.

(4)  The separate occupation of either of any such two dwellings in accordance with arrangements made by the memorandum or articles of association of a company is prohibited, unless the separate occupation commenced in accordance with those arrangements, before Lane Cove Local Environmental Plan 1987 (Amendment No 26) commenced.

(5)  Subclauses (2) and (3) do not apply to any two dwellings resulting from development carried out pursuant to a consent:

(a)  granted in accordance with this Division on or after the day on which Lane Cove Local Environmental Plan 1987 (Amendment No 26) commenced, but only if the application for the consent was made on or before 12 September 1995, or

(b)  granted in accordance with this Division on or after 10 March 1995 and before the day on which Lane Cove Local Environmental Plan 1987 (Amendment No 26) commenced, but only if the application for consent was made on or before 12 September 1995, or

(c)  granted before 10 March 1995 in accordance with Sydney Regional Environmental Plan No 12—Dual Occupancy, or

(d)  granted on or after 10 March 1995 in accordance with Sydney Regional Environmental Plan No 12—Dual Occupancy as continued in force for certain development applications made before that date by clause 8 (Savings) of Lane Cove Local Environmental Plan 1987 (Amendment No 24).

cl 9C: Ins 10.3.1995. Am 24.5.1996.

9D Floor space ratio

(1)  In this clause, floor space ratio means the ratio of the gross floor area of all the buildings on an allotment (inclusive of the area of any carport or garage) to the area of the allotment on which those dwellings are situated.

(2)  The council must not consent to an application made in accordance with this Division unless the floor space ratio will be not more than 0.5:1.

(3)  If:

(a)  an application is made to the council in accordance with this Division for consent to alter or add to a dwelling-house to create 2 dwellings, and

(b)  the floor space ratio of the dwelling-house before it is altered or added to exceeds the floor space ratio specified in subclause (2),

the council may consent to the application if the floor space ratio of the dwellings to be created is not more than the floor space ratio of the dwelling-house before the alteration or addition.

(4)  Subclause (3) applies only in relation to a dwelling-house built before the commencement of Lane Cove Local Environmental Plan 1987 (Amendment No 24).

cll 9D–9I: Ins 10.3.1995.

9E Height of second dwelling-house

(1)  If an application is made in accordance with this Division for consent to erect a second dwelling-house on an allotment where there is an existing dwelling-house, the second dwelling-house must not exceed 3.6 metres in height.

(2)  If an application is made in accordance with this Division for consent to erect 2 dwelling-houses on a vacant allotment, the dwelling-house furthest from the street frontage must not exceed 3.6 metres in height.

(3)  In this clause:

ground level means the level of a site before development is carried out on that site in accordance with this plan.

height, in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.

cll 9D–9I: Ins 10.3.1995.

9F Privacy and natural light

The council must not grant its consent to an application made in accordance with this Division for the erection of a second dwelling-house unless it is satisfied that:

(a)  adequate provision is made in respect of the privacy of the proposed dwelling-house and any adjacent dwelling-house (including, their curtilages), and

(b)  adequate provision is made in respect of access to natural light for the proposed dwelling-house and any adjacent dwelling-house (including their curtilages).

cll 9D–9I: Ins 10.3.1995.

9G Carparking

(1)  In granting consent to an application made in accordance with this Division, the council may require the provision of:

(a)  1 (but not more than 1) car parking space per dwelling if the gross floor area of the proposed dwelling is less than 125 square metres, and

(b)  2 (but not more than 2) car parking spaces per dwelling if the gross floor area of the proposed dwelling is 125 square metres or more or the proposed dwelling contains 3 bedrooms or more.

This subclause is subject to subclause (2).

(2)  In granting consent to an application made in accordance with this Division for consent to the carrying out of development which is for the purposes of public housing, the council must not require the provision of more than 1 car parking space per dwelling.

cll 9D–9I: Ins 10.3.1995.

9H Additional considerations

(1)  The council must not grant its consent to an application made in accordance with this Division for development consent unless it is satisfied:

(a)  that adequate arrangements have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling, and

(b)  that adequate arrangements have been made for the removal and the disposal of waste from each dwelling, involved in the proposed development, and

(c)  that adequate provision is made for the privacy of the occupants of each dwelling involved in the proposed development and on land adjacent to that on which the development will be carried out, and

(d)  that adequate provision is made in respect of access to natural light for each dwelling involved in the proposed development and on land adjacent to that on which the development will be carried out, and

(e)  where there is a need for access for the purpose of maintaining services and buildings that adequate arrangement have been made for such access, and

(f)  where there is a need for off-street car parking, that adequate arrangements have been made for such parking.

(2)  The council must not grant its consent to a development application made in accordance with this Division until it is satisfied by a report of the likely environmental effects of the proposed development (prepared by a person considered by the council to be suitably qualified) that the proposal has been designed taking into account the particular characteristics of the site of the proposed development.

cll 9D–9I: Ins 10.3.1995.

9I Urban bushland

The council must not grant its consent to an application made in accordance with this Division for consent to a second dwelling-house unless it is satisfied that the proposed dwelling-house will not have a significant adverse effect on:

(a)  the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna, or

(b)  the protection of wildlife corridors and vegetation links with nearby bushland, or

(c)  the protection of bushland as a natural stabiliser of the soil surface and the protection of existing landforms, such as natural drainage lines, water courses and foreshores, or

(d)  the protection of bushland for scenic values and the retention of the unique visual identity of the landscape.

cll 9D–9I: Ins 10.3.1995.

pt 2, div 2, hdg: Ins 10.3.1995.

Division 2 Miscellaneous

10 Acquisition of land

Note—

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

(1)  The owner of any land within:

(a)  Zone No 9 (a),

(b)  Zone No 9 (b), or

(c)  Zone No 9 (c),

may, by notice in writing, require:

(d)  the council,

(e)  the Commissioner for Main Roads, or

(f)  the Minister administering the Act,

respectively, to acquire the land.

(2)  On receipt of a notice referred to in subclause (1), the public authority concerned shall, subject to subclause (3), acquire the land to which the notice relates.

(3)  The Commissioner for Main Roads is not required to acquire land the subject of a notice referred to in subclause (1) unless:

(a)  a development application has been made in respect of the land,

(b)  the development the subject of the development application consists of development for a purpose for which development could have been carried out on the land (whether or not with development consent) immediately before that land was zoned Zone No 9 (b), and

(c)  the council has refused its consent to the development application only on the basis that the Commissioner for Main Roads has not concurred in the development.

(4)  Land which is within a zone referred to in subclause (1) may be developed for any purpose, with the consent of the council, until the land is acquired by the public authority concerned.

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

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

(b)  the imminence of acquisition,

(c)  the costs associated with the reinstatement of the land for the purposes, if any, specified in relation to the zone relating to the land in items 2 and 3 of the Table to clause 9.

(6)    (Repealed)

cl 10: Am 2008 (571), Sch 3.100 [1] [2].

11 Land designated “Environmental Protection”

(1)  This clause applies to any land which is designated “environmental protection” and marked with black cross hatching on the map.

(2)  A person shall not carry out development on land to which this clause applies without the consent of the council.

(3)  The council shall not consent to the carrying out of development on or with respect to land to which this clause applies where, in the opinion of the council, the vegetation, topography or distinctive features of that land are likely to be adversely affected thereby.

(4)  In this clause development, in relation to land, includes:

(a)  the erection of any structure on the land,

(b)  the erection of a fence on the land,

(c)  the removal of soil or rock from the land,

(d)  the deposit of soil, rock or any other matter on the land, and

(e)  the destruction or removal of any tree or other vegetation on the land.

12 Subdivision of land

A person shall not subdivide land to which this plan applies without the consent of the council.

13 Advertisements

A person shall not erect an advertising structure on land within Zone No 2 (a1), 2 (a2), 2 (b) or 2 (c).

14 Demolition of buildings

A person shall not, without the consent of the council, demolish any structure erected on land to which this plan applies (other than Class X buildings as classified in Ordinance No 70 under the Local Government Act 1919).

15 Recreation areas

The council shall not consent to the carrying out of development on land within Zone No 6 (a) or 9 (a), being land owned or controlled by the council, unless it has made an assessment of:

(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.

16 Preservation of trees

(1)  A tree preservation order made and in force as at the appointed day, under an environmental planning instrument applying to land to which this plan applies, shall be deemed to be a tree preservation order made by the council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 and may be rescinded or varied in accordance with that clause.

(2)  Where no tree preservation order is in force, a person shall not, on land to which this plan applies, except with the consent of the council, ringbark, cut down, lop, top, injure or wilfully destroy any tree which:

(a)  is not less than 3.6 metres high,

(b)  has a girth of not less than 0.45 metres at the height of 1 metre from the ground, or

(c)  has a branch spread of not less than 3 metres.

(3)  Subclause (2) does not apply in relation to:

(a)  the pruning of any tree for the purposes of regeneration or ornamental shaping, or

(b)  any tree which is dying or dead or has become dangerous.

17 Development within Zone No 2 (b)

(1)  This clause applies to land within Zone No 2 (b) shown on the map marked “Sheet 5 of Sydney Regional Environmental Plan No 7—(Multi-Unit Housing: Surplus Government Sites) (Amendment No 1)” deposited in the office of the Department and a copy of which is deposited in the office of the Council.

(2)  The provisions of clauses 6 (2) and (3), 7 (2) and (3), and 8 (2)–(5) of State Environmental Planning Policy No 25—Residential Allotment Sizes apply to and in respect of the land to which this clause applies in the same way as those provision apply to and in respect of the land specified or described in Schedule 2 to that Policy.

cl 17: Ins 19.2.1988.

17AA Brothels allowed with consent on certain land in Zone No 3 (b) or 4 (a)

A person may, but only with the consent of the council, carry out development for the purpose of a brothel on:

(a)  land within Zone No 3 (b) that is shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 42)”, but only if all access for the brothel is to and from the Pacific Highway, or

(b)  land within Zone No 4 (a), but only if there is a minimum distance of 100 metres between the premises containing the brothel and land used for any dwelling, educational establishment or place of public worship.

cl 17AA: Ins 18.9.1998.

17A Suspension of certain covenants etc—land in Longueville Road, Lane Cove

(1)  This clause applies to land at Lane Cove fronting Longueville Road, being lots 17, 18, 20, 21, 25, 26 and 27, DP 10155 and lot 1, DP 579164.

(2)  For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any covenant, agreement or similar instrument imposing restrictions as to the erection or use of buildings on land to which this clause applies for certain purposes or as to the use of such land for certain purposes, to the extent necessary to serve that purpose, shall not apply to that development.

(3)  Nothing in subclause (2) shall affect the rights or interests of any statutory authority under any registered instrument.

(4)  Pursuant to section 28 of the Act, before the making of this plan the Governor approved of subclauses (2) and (3).

cl 17A: Ins 13.5.1994.

17AB Suspension of covenants and other instruments to allow development at 300 and 304 Burns Bay Road, Lane Cove

(1)  This clause applies to the land at 300 and 304 Burns Bay Road, Lane Cove, as shown edged heavy black on sheet 1 of the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 43)”.

(2)  For the purpose of enabling development to be carried out on land to which this clause applies in accordance with this plan (as in force at the time the development is carried out), or in accordance with any consent granted under the Act, the operation of any covenant, agreement or similar instrument, to the extent necessary to serve that purpose, shall not apply to such development.

(3)  Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).

cl 17AB: Ins 5.3.1999.

17AC Medical centres—47–67 Burns Bay Road, 9–15 Austin Street and 157–161 Longueville Road, Lane Cove

(1)  This clause applies to so much of the land within Zone No 2 (b1) or 2 (c) known as 47–67 Burns Bay Road, 9–15 Austin Street and 157–161 Longueville Road, Lane Cove, as is shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 56)”.

(2)  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 medical centre.

(3)  Proposed development for the purpose of a medical centre must be of a maximum height and floor space ratio:

(a)  in the case of land within Zone No 2 (b1)—no greater than the maximum height and maximum floor space ratio applicable to townhouses, or

(b)  in the case of land within Zone No 2 (c)—no greater than the maximum height and maximum floor space ratio applicable to residential flat buildings.

(4)  The council must not consent to development for the purpose of a medical centre at 47–67 Burns Bay Road, Lane Cove unless it is satisfied that the centre will comprise one or more of the following uses, to which all other uses are ancillary:

(a)  the practice of medicine by registered medical practitioners, not being specialist medical practitioners recognised by the Specialist Recognition Advisory Committee for New South Wales established under the Health Insurance Act 1973 of the Commonwealth,

(b)  the practice of dentistry by dentists within the meaning of the Dentists Act 1989,

(c)  the practice of health care by health care professionals.

(5)  In this clause:

medical centre means a building or place used for the purpose of providing professional health services (such as preventive care, diagnosis, medical or surgical treatment and counselling) to outpatients only.

cl 17AC: Ins 29.10.2004.

17B Development of certain neighbourhood shopping centres

(1)  This clause applies to land listed in the Table to this clause, known as the Lane Cove West Shopping Centre, Greenwich Road shopping area, Northwood shopping area and the Burns Bay Road/Ross Smith Parade shopping area, as shown edged heavy black on Sheets 2–4 of the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 23)”.

(2)  A person may, with the consent of the council, carry out development on land to which this clause applies for the purpose of small scale commercial premises, educational establishments, and (if the seating does not exceed 20) refreshment rooms.

Table

Map—Sheet 2
Burns Bay Road	No 144, Lot 6 DP 10084 No 146, Lot 7 DP 10084 No 148, Lots 8 and 9 DP 10084 No 152, Lot 10 DP 10084 No 154, Lot 11 DP 10084 No 156, Lot 12 DP 10084 No 158, Lot 13 DP 10084
Burns Bay Road	No 163, Lots C and D DP 307859 No 165, Lots A and B DP 307859 No 225, Lots 1 and 2 DP 514283 No 227, Lot 9 DP 16048 No 229, Lot 9 DP 711937 Nos 231–233, Lot 1 DP 542081 Nos 235–245, Lots 2 and 3 DP 518632 No 242, Lots 55 and 56 DP 13386 No 244, Lot 54 DP 13386 Nos 246–248, Lots 52 and 53 DP 13386
Johnston Lane	No 1, Lot 11 DP 574013
Penrose Street	No 47A, Lot 10 DP 574013
Map—Sheet 3
Greenwich Road	No 87, Lot 20 Sec 1 DP 3461 Nos 89–91, Lot 19 Sec 1 DP 3461 No 93, Lot 18 Sec 1 DP 3461 No 95, Lot 17 Sec 1 DP 3461 No 97, Lot 16 Sec 1 DP 3461 No 99, Lot 15 Sec 1 DP 3461
Map—Sheet 4
Northwood Road	No 1, Lot A DP 317163 No 3, Lot B DP 317163 No 4, Part Lot 1 DP 321048 and Lots A, B and C DP 325606 No 5, Lots C and D DP 317163 and Lot 2 DP 9573 No 7, Lot 1 DP 539383 No 11, Lot A DP 412915 No 12, Lot A DP 307899 No 14, Lot B DP 307899 and Lot G DP 307899 No 16, Lots C, D and F DP 307899 and Part Lot E DP 307899 No 18, Lots A and B DP 370042

cl 17B: Ins 8.12.1995.

17C Development standards—residential flat buildings, townhouses and villa homes

(1)  The Council is not to consent to development on land within Zone No 2 (a1), 2 (b), 2 (b1) or 2 (c) for the purpose of villa homes unless the Council is satisfied that:

(a)  the floor space ratio of all the buildings on the land does not exceed 0.4:1, and

(b)  the total number of dwellings on the land is not greater than one dwelling for each 350 square metres of site area.

(2)  The Council is not to consent to development on land within Zone No 2 (b) or 2 (c) for the purpose of townhouses unless the Council is satisfied that:

(a)  the floor space ratio of all the buildings on the land does not exceed 0.6: 1, and

(b)  the total number of dwellings on the land is not greater than one dwelling for each 250 square metres of site area.

(3)  The Council is not to consent to development on land within Zone No 2 (b1) for the purpose of townhouses unless:

(a)  the floor space ratio of all buildings on the land does not exceed 0.5:1, and

(b)  the total number of dwellings on the land is not greater than one dwelling for each 300 square metres of site area.

(4)  The Council is not to consent to development on land within Zone No 2 (c) for the purpose of residential flat buildings unless:

(a)  the floor space ratio of all buildings on the land does not exceed 0.75:1, and

(b)  the total number of dwellings on the land is not greater than one dwelling for each 175 square metres of site area.

(5)  In this clause, floor space ratio, in relation to a building, means the ratio of the gross floor area of the building to the area of the site on which the building is, or is proposed to be, erected.

cl 17C: Ins 22.10.1999.

17D Suspension of certain covenants, agreements and instruments affecting land at Nos 83 and 85 Kenneth Street, Longueville

(1)  This clause applies to Lots 1 and 2, DP 1063151 (formerly Lot 17, DP 29396) and known, respectively, as Nos 83 and 85 Kenneth Street, Longueville.

(2)  For the purpose of enabling development on the land to which this clause applies to be carried out in accordance with this plan or with a development consent granted under the Environmental Planning and Assessment Act 1979, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(3)  This clause does not apply:

(a)  to a covenant imposed by the council or that the council requires to be imposed, or

(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or

(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d)  to any trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.

(4)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(5)  Under section 28 of the Environmental Planning and Assessment Act 1979, the Governor, before the making of this clause, approved of subclauses (2)–(4).

cl 17D: Ins 2009 (16), Sch 1.

18 Development for certain additional purposes

(1)  Nothing in this plan prevents a person, with the consent of the council, from carrying out development on land referred to in Schedule 2 for a purpose specified in that Schedule in relation to the land, subject to such conditions, if any, as are so specified.

(2)  Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the council in respect of the development.

cl 18: Ins 16.9.1988.

18A 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, tree or place within a heritage conservation area, or

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

(c)  altering a heritage item or a building, work or relic 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 ongoing protective care, or

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

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

(3)  When determining a development application required by this clause, the Council 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.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 18A: Ins 4.8.1995. Am 2008 (571), Sch 3.100 [3].

18B Notice of certain heritage development applications

Sections 84, 85, 86 87 (1) and 90 of the Act (which provide for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area (and to the use of a building or land referred to in clause 18F for a purpose which, but for that clause, would be prohibited by this plan) in the same way as those provisions apply to designated development.

cl 18B: Ins 4.8.1995.

18C (Repealed)

cl 18C: Ins 4.8.1995. Rep 2008 (571), Sch 3.100 [4].

18D 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)  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

(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 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 18D: Ins 4.8.1995. Am 2008 (571), Sch 3.100 [5] [6].

18E Development on land adjoining heritage items or archaeological sites

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

cll 18E: Ins 4.8.1995.

18F Conservation incentives

(1)  The Council may grant consent to the use, for any purpose, of a building that is a heritage item or is 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 the heritage conservation area, and

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

(2)  When considering an application to erect a building on land on which there is situated a building which is a heritage item, the council may, for the purposes 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 Council is satisfied that the conservation of the building depends on it making the exclusion.

(3)  In this clause floor space ratio, in relation to a building, means the ratio of the gross floor area of the building to the are of the site on which the building is, or is proposed to be, erected.

cll 18F: Ins 4.8.1995.

18G Conservation of landscape/riverscape qualities

The council, when considering any application for consent to the erection of a structure or the carrying out of a work which will be visible from the site of an item described in Schedule 6, being a site shown on the heritage map (Items of Landscape Significance) must take into account the impact which that development will have on the heritage significance of the Lane Cove River or that landscape feature.

cl 18G: Ins 4.8.1995. Am 2.10.1998.

19 Community use of school facilities and sites

(1)  If land to which this plan applies is used for the purposes of an educational establishment, the site and facilities of the establishment may, with the consent of the council, be used for the purposes of meeting rooms, public halls, places of worship, public libraries, entertainment, sport or recreation or for any other community purpose, whether or not any such use is a commercial use of the land.

(2)  Nothing in this clause requires development consent to be granted for the carrying out of development on any land if that development could, but for this clause, be carried out on that land pursuant to an environmental planning instrument without development consent.

cl 19: Ins 19.6.1992.

19A Development of part of No 212 Pacific Highway, Greenwich

(1)  This clause applies to part of the land known as No 212 Pacific Highway, Greenwich, being part Lot A, DP 326758 and part Lot 1, DP 569314, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 15)”.

(2)  A person may carry out development on land to which this clause applies for the purpose of buildings or works to be used for teaching and for purposes ancillary to the use of the land for teaching, but only with the consent of the council.

(3)  The council must not grant consent to development referred to in subclause (2) after the sixth anniversary of the day on which Lane Cove Local Environmental Plan 1987 (Amendment No 15) took effect or after such later date as the Minister may, before that anniversary, notify by order published in the Gazette.

(4)  Nothing in subclause (3) prevents the council from granting consent to the carrying out of alterations or extensions to, or the rebuilding of, a building or place being used for a purpose for which consent has been granted in accordance with this clause.

cl 19A: Ins 6.8.1993.

19B Development of certain land—Nos 6–8 Ulonga Avenue and part of No 212 and Nos 214–220 Pacific Highway, Lane Cove

(1)  This clause applies to land known as part of No 212 and Nos 214–220 Pacific Highway, Lane Cove and Nos 6–8 Ulonga Avenue, Lane Cove, as shown edged heavy black on Sheet 2 of the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 28)”.

(2)  A person may, with the consent of the council, carry out development on land to which this clause applies for the purpose of a residential flat building, but only if:

(a)  there is not more than one dwelling for each 175 square metre of site area, and

(b)  there is a building line setback of not less than 10 metres from the north-western boundaries of Lot 1, DP 569314 and Lot 3, DP 900832, except from the end of Ulonga Avenue.

cl 19B: Ins 16.2.1996.

19C Development of certain land—Nos 31–57 Lithgow Street and Nos 38–68 Christie Street, St Leonards

(1)  This clause applies to land known as Nos 31–57 Lithgow Street and Nos 38–68 Christie Street, St Leonards, as shown edged heavy black on Sheet 1 of the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 30)”.

(2)  A person may, with the consent of the council, carry out development on land to which this clause applies for the purpose of residential flat buildings, but only if the Council is satisfied that:

(a)  the floor space ratio of all buildings (being the ratio of the total of the gross floor area of all buildings on land to which this clause applies to the area of that land) will be no greater than 2.75:1, and

(b)  structures will not exceed the height limit of RL105.00 AHD, and

(c)  the number of storeys used for residential purposes (excluding any level of the building to be used primarily for underground parking for residents) in any building will not exceed 12, and

(d)  not less than 50% of the site will be landscaped, and

(e)  no part of any structure will exceed any of the height planes defined in the diagram as shown on Sheet 2 of the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 30)”.

(3)  The Council, when considering any application for consent for residential flat buildings must take into account the design of the buildings and other features illustrated in the architectural drawings, as shown in Appendix D of the submission (dated September 1995) by Henry Pollack & Associates—Architects Pty Ltd on behalf of Mirvac Projects Pty Limited.

cl 19C: Ins 2.8.1996.

19CA Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 7 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Columns 1 and 2 of Part 1 of Schedule 7, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except:

(a)  those (if any) specified for the land in Column 3 of Part 1 of Schedule 7, and

(b)  any reservations that except land out of a Crown grant relating to the land, and

(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

(3)  In this clause, the relevant amending plan, in relation to land described in Part 1 of Schedule 7, means the local environmental plan that inserted the description of the land into that Part.

(4)  Before the relevant amending plan inserted a description of land into Part 1 of Schedule 7, the Governor approved of subclause (2) applying to the land.

(5)  Land described in Part 2 of Schedule 7:

(a)  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

cl 19CA: Ins 5.3.1999. Subst 7.5.2004.

19CB Classification and reclassification of public land as community land

The public land described in Schedule 8 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

cl 19CB: Ins 7.5.2004.

19D Development of certain land—Nos 7–15 Bellevue Avenue, Greenwich

(1)  This clause applies to land known as Nos 7–15 Bellevue Avenue, Greenwich, as shown edged heavy black on Sheet 1 of the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 31)”.

(2)  A person may, with the consent of the Council, carry out development on land to which this clause applies for the purpose of residential flat buildings, but only if:

(a)  at least 50% of the site will be landscaped,

(b)  the density of dwellings on the site will not exceed one dwelling per 200 square metres of the site area,

(c)  the floor space ratio of all buildings (being the ratio of the total of the gross floor area of all buildings on land to which this clause applies to the area of that land) will be no greater than 0.8:1,

(d)  the setbacks of building lines from the northern and western boundaries will be at least 11.0 metres and 8.0 metres, respectively,

(e)  the land between those building lines and boundaries will be landscaped to provide sufficient screening from the adjoining properties,

(f)  the number of storeys to be occupied as residences in the residential flat buildings fronting Bellevue Avenue will not exceed two,

(g)  no part of any structure will project beyond either of the building envelopes defined in the diagram shown on Sheet 2 of the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 31)”, and

(h)  the heights of the ridges of residential flat buildings within building envelopes identified on that diagram as envelopes for buildings “A” and “B” will be no greater than RL98.8 AHD and RL103.5 AHD, respectively.

cl 19D: Ins 7.2.1997.

19E Floor space ratio—No 1 Sirius Road, Lane Cove West

(1)  This clause applies to so much of the land known as No 1 Sirius Road, Lane Cove West, as is within Zone No 4 (a) and shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 36)”.

(2)  The maximum floor space ratio for buildings on land to which this clause applies (being the maximum ratio of the total of the gross floor areas of all buildings on the land to the area of that land) is 1:1.

cl 19E: Ins 30.4.1999.

19F Development of certain land—Nos 1–7 Austin Street and contiguous lots in Council Lane, Lane Cove

(1)  This clause applies to land known as Nos 1–7 Austin Street and contiguous lots in Council Lane, Lane Cove, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 39)”.

(2)  A person may, with the consent of Council, carry out development on land to which this clause applies for any purpose for which development may be carried out, with or without development consent, in Zone No 3 (a), but only if

(a)  the setback of the building line from the Austin Street frontage, for buildings other than CBD housing, will be at least 5.0m, so as to provide for a widened footpath at the frontage and a landscaped strip of at least 2m width to allow for planting in accordance with Council’s Landscape Policy,

(b)  the setback of the building line from the western side boundary, for buildings other than CBD housing, will be at least 10m so as to provide for a two-way driveway, footpath and side boundary landscaping in accordance with Council’s Landscape Policy, and to facilitate access between Council Lane and Austin Street,

(c)  the setback of the building line from the eastern side boundary, for buildings other than CBD housing, will be at least 10m, so as to provide for a two-way driveway, footpath and side boundary landscaping in accordance with Council’s Landscape Policy, including the provision of access from Austin Street to the rear of properties at the eastern end of Council Lane,

(d)  the setback of the building line from the Austin Street frontage, the eastern side boundary, and the western side boundary, for any CBD housing will be at least 10.0m, 15.0m and 15.0m respectively,

(e)  the roof of any CBD housing will have a pitched form compatible and harmonious with that of the adjoining Lane Cove Public Library,

(f)  the ceiling height of any CBD housing will be no greater than the highest ceiling line of the Lane Cove Public Library,

(g)  one principal retail/commercial storey will provide at-grade public access to The Plaza, and public access to carparking storeys by lifts and other additional suitable means, such as ramps,

(h)  an internal, marked passageway, will provide safe and direct public access at all times between The Plaza frontage and the Austin Street frontage, and

(i)  a safe pick-up and set-down area for the public will be provided within the Austin Street end of any carpark, together with connecting pedestrian access to the Austin Street frontage.

(3)  Copies of the Landscape Policy are available for inspections at the Council’s Office.

cl 19F: Ins 18.2.2000.

19H Development of certain land—Nos 2–20 Rosenthal Avenue, Lane Cove

(1)  This clause applies to land being Lots 28–34, Part Lot 35 and Lot 37, DP 10155, Lots 1 and 2 DP 870938 and Lot 1, DP 182149, known as Nos 2–20 Rosenthal Avenue, Lane Cove, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 48)”.

(2)  A person may, with the consent of Council, carry out development on land to which this clause applies for the purpose of residential flat buildings, shops and refreshment rooms, provided that:

(a)  the total floor space gross area of all buildings used for the purposes of shops and refreshment rooms will be no greater than 1,000 square metres, and

(b)  no part of any structure will exceed a height of 8 metres directly above any point on the ground surface as at the date of commencement of this clause, and

(c)  the carrying out of the development will increase public carparking to a level that is greater than that which existed at the commencement of this clause.

Note—

Council will include details of the number of additional public carparking spaces in a development control plan to be prepared for the site.

(3)  For the purposes of the State Environmental Planning Policy No 1—Development Standards, the term development standards includes the provisions of sub-clause (2).

cl 19H: Ins 6.10.2000.

19I Development of certain land—Nos 1–16 Duntroon Avenue, St Leonards

(1)  This clause applies to land known as 1–16 Duntroon Avenue, St Leonards, being lots 1 and 2, DP 567316, and lots 3–16, DP 7650 (the subject land).

(2)  Despite the provisions of this or any other environmental planning instrument applying to the subject land, development for the purpose of residential flat buildings may be carried out, with development consent, on the subject land, if the development is the subject of a development application that relates to the whole of the subject land.

(3)  The development standards set out in subclauses (5)–(10) (the special development standards), apply to the erection of residential flat buildings on the subject land.

(4)  If, in relation to the land to which this clause applies, a special development standard differs in any respect from a development standard that deals with the same subject-matter and is contained elsewhere in this plan (a local development standard), the special development standard replaces the local development standard and the local development standard ceases to apply to the land to which this clause applies.

(5)  The following provisions apply generally to any residential flat building erected on the subject land:

(a)  the building must comply with the dimensions, building envelopes, building alignments and maximum building heights set out in the Duntroon Avenue Reference Plan,

(b)  the building may not exceed 55 metres in length (measured along the side facing Duntroon Avenue),

(c)  the building may not have a depth exceeding 20 metres (measured at right angles to the side comprising its primary facade),

(d)  the dwellings in the building must achieve an average energy rating of at least 4 stars, and each dwelling must achieve an individual energy rating of at least 3.5 stars, under the Nationwide House Energy Rating Scheme established under the auspices of the Australian and New Zealand Minerals and Energy Council,

(e)  at least one tenth of the dwellings in the building must have 3 bedrooms or more,

(f)  the ratio between:

(i)  the total floor area of all buildings erected or proposed to be erected on the subject land, and

(ii)  the area of the subject land,

must not exceed 2.33:1.

(6)  Subclause (5) does not prevent minor articulation features (such as balconies, corners of buildings, window structures, wall embellishments and parts of habitable and non-habitable rooms that are designed to enhance the architectural appeal of the building) from extending up to 0.6 metres beyond any building envelope, alignment or dimension established for residential flat buildings on the subject land, either by this clause or by the Duntroon Avenue Reference Plan.

(7)  In relation to the dwellings in any residential flat building erected on the subject land:

(a)  ceiling heights within habitable rooms must be at least 2.7 metres,

(b)  no window of a habitable room in any dwelling may be situated:

(i)  closer than 12 metres to any window of a habitable room in any other dwelling, or

(ii)  closer than 9 metres to any window of a non-habitable room in any other dwelling,

if the 2 windows face each other,

(c)  each dwelling must have at least 10 cubic metres of storage space, excluding kitchen and bathroom cupboards and built-in or walk-in wardrobes in bedrooms,

(d)  each balcony to which access is gained from a habitable room (other than a bedroom):

(i)  must have a width (measured along the face of the building) of at least 2.5 metres, and

(ii)  must have an area of at least 8 square metres.

(8)  In relation to the outdoor areas surrounding the residential flat buildings erected on the subject land:

(a)  landscaping must be provided in the areas indicated for that purpose in the Duntroon Avenue Reference Plan, and

(b)  no podium or boundary wall fronting Duntroon Avenue may have a height exceeding 1.2 metres above the level of the adjacent footpath.

(9)  In relation to car and bicycle parking facilities for the residential flat buildings erected on the subject land:

(a)  the underground car park associated with those buildings must not extend beyond the area allowed for that purpose in the Duntroon Avenue Reference Plan,

(b)  subject to paragraph (d), the number of car parking spaces (other than visitor car parking spaces) must not exceed the number calculated by allowing:

(i)  one space for each dwelling having one or two bedrooms only, and

(ii)  1.5 spaces for each dwelling having more than two bedrooms,

(c)  subject to paragraph (d), the number of visitor car parking spaces must be at least one tenth, but must not exceed one fifth, of the total number of dwellings,

(d)  the number of car parking spaces (including visitor car parking spaces) must not exceed 280,

(e)  the number of bicycle parking spaces (other than visitor bicycle parking spaces) must be at least one third of the total number of dwellings,

(f)  the number of visitor bicycle parking spaces must be at least one tenth of the number of dwellings.

(10)  Residential flat buildings erected on the subject land should, where practicable, consider the acoustic privacy of neighbourhoods in the vicinity and residents by:

(a)  appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and

(b)  ensuring acceptable noise levels in internal living and sleeping areas of new dwellings.

Note—

Australian/New Zealand Standard AS/NZS 2107:2000, Acoustics—Recommended design sound levels and reverberation times for building interiors and Australian Standard AS 3671–1989Acoustics—Road traffic noise intrusion—Building siting and construction should be referred to in establishing acceptable noise levels.

(11)  Nothing in this clause limits the operation of:

(a)  State Environmental Planning Policy No 1—Development Standards, or

(b)  State Environmental Planning Policy No 65—Design Quality of Residential Flat Development,

with respect to the erection of residential flat buildings on the subject land and, in the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development, clause 30 (2) (c) of that Policy is taken to refer to the publication Residential Flat Design Code (Tools for improving the design of residential flat buildings) (Department of Planning 2002) instead of to the publication Better Urban Living Guidelines for Urban Housing in NSW (Department of Urban Affairs and Planning and NSW Government Architect).

(12)  In this clause:

Duntroon Avenue Reference Plan means the plan entitled State Environmental Planning Policy 53 (Amendment No 6), prepared by the Department of Planning and dated October 2002, a copy of which is deposited in the Sydney Office of the Department of Planning.

floor area of a building means, despite clause 6 (1), the sum of the areas of each floor of the building where the area of each floor is taken to be the area within the internal face of the external closing walls or external windows as measured at a height of 1 400 millimetres above each floor level, but excluding the following areas:

(a)  the area of main building entrances and associated foyers and lobbies,

(b)  common vertical circulation (that is, stairs, stairwells, lifts, lift wells, landings between flights of stairs on different floors or levels, but not lift lobbies on floors above the ground floor),

(c)  underground storage areas, vehicular access and service areas and car parking areas,

(d)  plant rooms, and vertical mechanical services and vertical ducting,

(e)  balconies, including those enclosed by operable screening devices,

(f)  void space above double height spaces.

habitable room has the same meaning as it has in the Building Code of Australia.

residential flat building means, despite clause 5 (1), a building that comprises or includes:

(a)  3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and

(b)  4 or more self-contained dwellings (whether or not the building includes uses for other purposes, such as shops),

but does not include a Class 1a building or a Class 1b building under the Building Code of Australia.

Note—

Class 1a and Class 1b buildings are commonly referred to as town houses or villas where the dwelling units are side by side, rather than on top of each other.

cl 19I: Ins 26.9.1997 (am 8.11.2002).

Schedule 1

(Clause 9)

Butchers’ shops
Fruit and vegetable shops
Grocery and health food shops

Schedule 2

(Clause 18)

Land known as part of No 170 Epping Road, Lane Cove, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 1)”—commercial purposes subject to a maximum gross floor area of 7 700 square metres, a height limit of 31.4 metres above standard datum (excluding plant levels) and dedication of a 30 metre foreshore strip for open space.

Land known as part of No 150 Epping Road, Lane Cove, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 14)”—service station/convenience store and associated offices.

sch 2: Ins 16.9.1988. Am 9.7.1993.

Schedule 3 Heritage items

(Clause 5 (1))

Albert Street, Greenwich

•  Greenwich Baths (B9)

•  No 2 Lot A DP 162307 (Eswick) (B11)

Anglo Road, Greenwich

•  No 2 Lot 33 Section 4 DP 3044 (B107)

•  No 10 Lot 29 Section 4 DP 3044 (B184)

•  No 12 Lot 28 Section 4 DP 3044 (B184)

•  No 14 Lot 27 Section 4 DP 3044 (B184)

Arabella Street, Longueville

•  No 35 Lot 1 DP 505641 (Homeleigh) (B142)

•  No 73 Lot 6 DP 5005 (B144)

•  No 80 Lot 21 DP 746349 (B229)

•  No 118 Lot 13 DP 554343 (B168)

Austin Crescent, Lane Cove

•  No 1 Lot 1 DP 343988 (B198)

•  No 3 Lot 2 DP 343988 (B198)

Balfour Street, Greenwich

•  No 4 Lot 1 DP 961464 (B304)

•  No 8 Lot 17 Section 1 DP 4697 (B103)

Bay Street, Greenwich

•  No 8 Lot 2 DP 900271 (B47)

•  Bay Street Wharf (B48)

•  Greenwich 12’ Flying Squadron (B49)

Bellevue Avenue, Greenwich

•  No 8 Lot 1 DP 541077 (B111)

•  No 14 Lot E DP 405092 (B105)

•  No 18 Lot 13B Section 2 DP 3586 (B106)

Brooks Street, Lane Cove

•  No 4, Rockcliffe, Lot 7 Section 6 DP 1813 (B223)

Bridge Street, Lane Cove

•  No 72 Lot 2 DP 534049 (B205)

Burns Bay Road, Lane Cove

•  Mandalay (Cnr Tambourine Bay Road) Lot B DP 379033 & Lot Y DP 379034 (B197)

•  No 148 Lots 8 & 9 DP 10084 (B401)

•  No 334 Carisbrook Lot 5 DP 11636 (B220)

•  No 356C Coralynn Lot 3, DP 559229 (B400)

•  No 360 Linley, formerly Grenaby Lot 2, DP 227009 (B222)

Carlotta Street, Greenwich

•  No 2 Lot X DP 938717 (B58)

•  No 5 Tewhare Lot 2 Section 3 DP 3101 (B61)

•  No 7 Marathon Lot 3 Section 3 DP 3101 (B60)

•  No 9 Greenwich Uniting Church Lot 4 Section 3 DP 3101 (B59)

•  No 12 Lot 37 Section 1 DP 823 (B56)

•  No 13 Lot 6 Section 3 DP 3101 (B57)

•  No 32 Lot 48 Section 1 DP 3461 (B55)

•  No 45 Lot 14 Section 4 DP 3101 (B53)

•  No 50 Lot 56 Section 1 DP 823 (B54)

•  No 73 Bedford Lot D DP 151325 (B51)

•  No 75 Florence Lot 8 DP 70293 (B51)

•  No 79 Lot B DP 359322 (B50)

Centennial Avenue, Lane Cove

•  No 125 Lots 32 & 33 DP 16189 (B207)

Chisholm Street, Greenwich

•  No 2 Part Lot 12 DP 1532 (B85)

•  No 13 Lot 6 DP 16490 (B46)

•  No 15 Lot 2 DP 218347 (B46)

•  No 17 Lot 1 DP 218347 (B46)

•  No 19 Lot 4A DP 16490 (B46)

•  No 21 Lot 4B DP 16490 (B46)

•  No 31 Lot 19 DP 10521 (B45)

•  No 34 Lot 13 DP 3907 (B43)

•  No 48 Lot 6 DP 3907 (B42)

•  No 50 Lot 5 DP 3907 (B42)

•  No 52 Lot 4 DP 3907 (B42)

Cliff Road, Northwood

•  No 37 Lot 171 DP 709310 (B131)

•  No 47 Lot 23 DP 6768 (B132)

College Road South, Lane Cove

•  No 44 Lot 7 DP 739156 (B203)

Coolabah Avenue, Greenwich

•  No 5 Lot 9 DP 18315 (B88)

Cope Street, Lane Cove

•  (Cnr Burns Bay Rd), Walhalla (B225)

Dunois Street, Longueville

•  No 9 Lot 1 DP 812001 (B145)

•  Lucretia Baths (B146)

Eastview Street, Greenwich

•  No 8 Lot 4 DP 12763 (B96)

Evelyn Street, Greenwich

•  No 2 Lot 2 DP 203347 (B78)

•  No 4 Lot 1 DP 203347 (B78)

•  Nos 6–8 Lot 1 DP 187410 (B78)

Ford Street, Greenwich

•  No 2 Lot 5 Section 7 DP 3101 (B69)

•  No 6 Lot 13 DP 4651 (B71)

•  No 14 Wyncourt Lot D DP 442274 (B309)

•  No 16 Lot C DP 442274 (B310)

George Street, Greenwich

•  No 10 Part Lot 15 DP 65522 (B10)

•  No 18 Lots 1 & 2 DP 165992 (B12)

•  No 21 Greenwich House Lot 1 DP 373433 (B13)

•  No 41 (also known as 1 Serpentine St) “Blythswood” Lot 22 DP 4613 (B28)

Glenview Street, Greenwich

•  No 19 Lot 31 DP 1532 (B95)

•  No 21 Lot 32 DP 1532 (B95)

Gore Street, Greenwich

•  Nos 1–11 (Precinct) (B66)

•  No 1 Lot 29 Section 2 DP 3101 (B62)

•  No 7 Banksia Lot 26 Section 2 DP 3101 (B63)

•  No 9 Ione Lot 25 Section 2 DP 3101 (B64)

•  No 11 Rockleigh Lot 24 Section 2 DP 3101 (B65)

•  No 51 (associated with Pallister) Lot 2 DP 30794 (B99)

•  Gore Creek Reserve Lot 130 DP 178015 (B40)

Greendale Street, Greenwich

•  No 6 St Giles Anglican Church Lots 59 & 60 DP 1532, Lot 102 DP 814297 (B93)

Greenwich: Streetscape Elements (B38)

Greenwich: Streetscape Elements (B40)

Greenwich Point: Streetscape Elements (B37)

Greenwich Point Conservation Area

Greenwich Road, Greenwich

•  No 35 Lot 1 DP 18315 (B89)

•  Nos 34–40 Lot B DP 363520 (B90)

•  No 45 Lot 4 DP 18315 (B87)

•  No 60 Lot 16 DP 1532 (B86)

•  No 70 Lot 7 DP 1532 (B84)

•  No 72A, Greenwich Infants School (B83)

•  No 82 Lot B DP 336699 (B80)

•  No 100 Lot B DP 329295 (B44)

•  No 111 Lot A DP 402229 (B82)

•  No 113 Lot B DP 402229 (B82)

•  No 125 Lot A DP 398090 (B78)

•  No 127 Lot B DP 398090 (B78)

•  No 129 Lot A DP 331945 (B77)

•  No 143 Lot 2 DP 220092 (B75)

•  No 153 Lot 6 DP 522536 (B74)

•  John Taylor Memorial Church (B76)

•  No 163 Lot 2 DP 73303 (B41)

Hamilton Street, Lane Cove

•  No 48 Lot 46 DP 9483 (B201)

•  No 50 Lot 47 DP 9483 (B201)

Hinkler Street, Greenwich

•  No 1 Lot 3 DP 18180 (B300)

•  No 3 Lot 2 DP 18180 (B300)

Kenneth Street, Longueville

•  No 18 Lot 5 DP 7287 (B135)

•  No 22 Hazelwood, Lot 27 DP 2459 (B136)

•  No 26 Lot 2 DP 307190 (B137)

•  No 47 St Andrews Uniting Church Cnr Lot C DP 920217 (B138)

•  No 57 Panorama Lot 3 DP 23689 (B139)

•  No 82 Brenhilda DP 338530 (B185)

•  No 86 Lot B DP 338530 (B140)

Kingslangley Road, Greenwich

•  No 13 Part Lot 8 Section 6 DP 3586 (B101)

•  No 15 Lot 8 Section 6 DP 3586 (B101)

•  No 16 Lot 1 DP 310610 (B100)

•  No 42 Lot 11 Section 2 DP 4697 (B102)

King William Street, Greenwich

•  No 19 Lot 2 Section 5 DP 3101 (B67)

•  No 36 Lot 29 Section 4 DP 3101 (B68)

•  No 38 Lot 28 Section 4 DP 3101 (B68)

•  No 45 Lot 4 DP 540935 (B68)

•  No 47 Lot 16 Section 5 DP 3101 (B68)

•  No 42 Lot 26 Section 4 DP 3101 (B68)

•  No 44 Lot 25 Section 4 DP 3101 (B68)

•  No 46 Lot 24 Section 4 DP 3101 (B68)

•  No 48 Lot 23 Section 4DP 3101 (B68)

Lane Cove Plaza

•  No 2–4 Lots 5 & 6 DP 12147 (B189)

•  Nos 6–8 Lot 4 DP 12147 (B189)

•  No 10 Lot 3 DP 12147 (B189)

Lane Cove: Streetscape Elements (B230)

Longueville: Streetscape Elements (B234)

Longueville Road

•  No 31 Lot 11 DP 808119 (B194)

•  No 33 Lot 2 DP 10302 (B194)

•  No 35 Lot 1 DP 10302 (B194)

•  No 87 Lot 20 DP 10155 (B301)

•  No 89 Lot 19 DP 10155 (B301)

•  No 91 Lot 18 DP 10155 (B301)

•  No 93 Lot 17 DP 10155 (B301)

•  No 126 Lot 41 DP 576555 (B302)

•  No 128 Lot 31 DP 527600 (B302)

•  No 142 Lot 10 DP 25992 (B303)

•  No 144 Lot 9 DP 25992 (B303)

•  No 146 Lot 8 DP 25992 (B303)

•  No 133 Lot 7 DP 12147 (B189)

•  No 135 Lot 8 DP 12147 (B189)

•  No 137 Lot 9 DP 12147 (B189)

•  No 139 Lot 10 DP 12147 (B188)

•  No 160 Lot 1 DP 503477 (B188)

•  No 162 Lot P DP 5922 (B188)

•  Longueville Hotel Part Lot 19 & 20 DP 9624 (B190)

•  Lane Cove Public Library Lot 1 DP 112363 & Lot 2 DP 575901 (B227)

•  Nos 145–153 Lane Cove Public School (B186)

•  No 180 Lane Cove Senior Citizens Centre (B187)

•  No 205 Currambena Lots 16, 17, 18 DP 4373 (B182)

•  No 213 Lot 20 DP 4373 (B181)

•  No 231 Masonic Temple Pt Lot 76 DP 5817 (B179)

Lucretia Avenue, Longueville

•  No 27 Lot 4 DP 1643 (B151)

•  No 29 Lot 5 DP 1643 (B150)

•  No 38 Lot A DP 417305 (B147)

•  No 58 Lot 1 DP 228368 (B148)

•  No 62 Ulverston Lot 121 DP 617674 (B149)

Mary Street, Longueville

•  Cnr Stuart Street Lot 1 DP 5795 (B162)

•  No 7 Lot 6 DP 5795 (B164)

•  No 21A Nirvana Lot 2 DP 208978 (B158)

•  No 23 Lot 101 DP 813486 (B165)

•  No 25 Deloraine Lot 20 Section EE DP 913 (B166)

•  No 30 Lot 4 DP 29396 (B169)

•  No 31 Lot 5 DP 334412 (B167)

•  No 61 Lot 70 Section B DP 2295 (B170)

•  No 65 Lot B DP 349442 (B170)

•  No 71 Lot 1 DP 312218 (B171)

Mitchell Street, Greenwich

•  No 7 (also known as 18 Wallace Street) Lot 25 DP 4613 (B31)

•  No 8 Lot B DP 163699 (B22)

•  Nos 11, 13, 15, 17, 19 (B27)

•  No 11 Lot 14 DP 4613 (B26)

•  No 13 Lot 13 DP 4613 (B25)

•  No 15 Lot 12 DP 4613 (B24)

•  No 19 Lot 10 DP 4613 (B23)

•  No 18 (also known as 9 Serpentine St) Part Lot 2 DP 4613 (B19)

•  No 23 Buena Vista Lot 7 & Part Lot 8 DP 4613 (B21)

Morrice Street, Lane Cove

•  No 2 Lot B DP 313619 (B231)

•  No 4 Lot A, DP 345856 (B231)

•  No 6 Lot B DP 345856 (B231)

•  No 25 Lot 1 DP 200831 (B231)

•  No 27 Lot 2 DP 200831 (B231)

•  No 29 Lot 1 DP 231729 (B231)

•  No 31 Lot 2 DP 231729 (B231)

•  No 49 Lot 551 DP 825076 (B231)

•  No 51 Lot 552 DP 825076 (B231)

Myee Crescent, Lane Cove

•  No 38 Lane Cove House Lot A DP 404505 (B209)

Norfolk Street, Longueville

•  No 15 Lot B DP 377990 (B173)

Northwood: Streetscape Elements (B233)

Northwood Road, Northwood

•  No 15 Lot B DP 412915 (B133)

•  No 21 Part Lot 3 DP 1692 & Lot B DP 383322 (B113)

•  No 23 Lot 1 DP 116006 (B112)

•  No 45 Lot 3 DP 5395 (B114)

•  No 62 Lot 1 DP 826939 (B117)

•  No 70 Lot C DP 381895 (B119)

•  No 86 Lot 5 DP 4424 (B120)

•  No 88 Lot 27 DP 4424 (B122)

•  No 90 Lot 28 DP 4424 (B122)

•  No 94 Lot 30 DP 4424 (B122)

•  No 96 Lot 31 DP 4424 (B122)

•  No 97 Part Lot 5 DP 10429 (B121)

•  No 100 Lot A DP 315550 (B124)

•  No 102 Lot B DP 315550 (B124)

•  No 104 Lot 34 DP 4424 (B124)

•  No 113 Lot 4 DP 231657 (B123)

•  Northwood Wharf (B126)

O’Connell Street, Greenwich

•  No 5 Lot 1 DP 554669 (B7)

Pacific Highway

•  Chatswood South Uniting Church (Corner Mowbray Road) (B195)

Park Road, Greenwich

•  No 3 Sandringham Lot 8 DP 111237 (B108)

•  No 5 Lot 9 DP 111237 (B109)

•  No 7 Lot 10 DP 111237 (B110)

Parklands Road, Lane Cove

•  New Apostolic Church (B191)

•  No 5 Lot A DP 394176 (B192)

Penrose Street, Lane Cove

•  No 1 Lot 1 DP 516972 (B402)

Point Road, Northwood

•  No 3 Part Lot 47 DP 4424 (B128)

•  No 8 Lot 421 DP 226803 (B127)

•  No 16 Lot B DP 399542 (B125)

Poole Street, Longueville

•  No 6 Lot 51 DP 778368 (B152)

•  No 9 (also known as 7 Stuart Street) Lot 1 DP 17380 (B155)

•  No 10 Lot 3 DP 900801 (B153)

Private Road, Northwood

•  No 1 Lot 2 DP 217339 (B130)

Richard Street, Greenwich

•  No 9 Lot 5 DP 72937 (B15)

Richardson Street, Osborne Park

•  No 6 Lot C DP 364572 & Lot B DP 358873 (B183)

Richardson Street West

•  Nos 55–57 Lot 10 DP 816151 (B180)

River Road, Greenwich

•  No 90 Hazelhurst Lot 12 Section 3 DP 3586 (B97)

•  No 92 Lot A DP 362600 (B98) Pallister Cnr River Road & St Vincents Road (B99)

Riverview Street, Lane Cove

(Cnr College Street) (B202)

Robertson Street, Greenwich

•  No 10 Parts Lots 8 & 9 DP 4651 (B73)

•  No 11 Lot A DP 301606 (B72)

Rosenthal Avenue, Lane Cove

•  St Andrew’s Church Hall (B196)

St Lawrence Street, Greenwich

•  No 5 Lot 1 DP 933519 (B32)

•  No 7 Lot 2 DP 933519 (B32)

•  No 12 Lot A DP 410040 (B35)

•  No 16 Lot A DP 63023 (B34)

•  No 18 Lot B DP 63023 (B34)

•  No 20 Lot C DP 63023 (B34)

•  No 22 Lot D DP 63023 (B34)

•  No 24 Lot E DP 63023 (B33)

Serpentine Road, Greenwich

•  No 1 (also known as 41 George Street) Blythswood Lot 22 DP 4613 (B28)

•  No 9 (also 18 Mitchell Street) Lot 1 DP 4613 (B19)

•  No 36 Lot 1245 DP 725742 (B17)

•  No 40 The Gables Lot B DP 358245 (B17) Greenwich Point Wharf (B20)

•  No 44 Rockleigh Lot 1 DP 554205 (B12)

Seville Street, Lane Cove

•  No 26 Lot 27 DP 4807 (B200)

Stuart Street, Longueville

•  Longueville Wharf (B163)

•  Cnr Mary Street Lot 1 DP 5795 (B162)

•  No 5 Lot A DP 382913 (B154)

•  No 7 (also known as 9 Poole Street) (B155)

•  No 13 Lot 3 DP 216684 (B156)

•  No 16a Carrum-Carrum Lot X DP 403018 (B157)

•  No 18a (also 21a Mary Street) Lot 2 DP 208978 (B158)

•  No 20 Lot 100 DP 813486 (B159)

•  No 30 Lot 1 Section E DP 16008 (B160)

•  No 54 Lot V Section B DP 913 (B161)

Stuart, Dunois, Kenneth & William Edward Streets (B174)

Tambourine Bay Road

•  No 36 Dowra Lot B DP 356156 (B199)

•  Nos 2–68A St Ignatius College Riverview Lot 194 DP 234296 (B204)

•  Tambourine Bay Baths (B226)

•  No 99 Vol 4638 Folio 174 (B308)

Ulonqa Avenue

•  No 2 Lot 1 DP 922932 (B104)

•  No 4 Vol 1482 Folio 25 (B104)

Upper Cliff Road, Northwood

•  No 5 Burdoe Lots A & B DP 407020 (B129)

Upper Serpentine Road, Greenwich

•  No 28 Lot 1 DP 325612 (B29)

Victoria Street, Greenwich

•  Victoria Street (Precinct) (B6)

•  No 2 Part Lot 21 DP 977243 (B1)

•  No 3 Lot DP 60579 (B5)

•  No 10 Lot 1 DP 784233 (B2)

•  No 12 Part Lot 18 DP 59480 (B3)

•  No 14 Lot 1 DP 794366 (B4)

Wharf Road, Longueville

•  No 6–10 Lot 4 DP 264363 (B172)

•  Wharf (B228)

William Edward Street, Longueville

•  No 81 Lot A DP 397413 (B178)

•  No 85 Lot 2 DP 408922 (B177)

•  No 91 Lot C DP 385574 (B176)

•  No 101 Lot 1 DP 510446 (B175)

•  Clubhouse and Score Board William Edward Street (B174)

Wilona Avenue, Greenwich

•  No 18 Lot 6 DP 27279 (B91)

•  No 20 Lot 1 DP 449253 (B92)

Wood Street, Lane Cove

•  No 1 The Oaks Lot 21 DP 80058 (B208)

Woodford Street, Longueville

•  No 1, Minembah, Lot 2 DP 539383 (B134)

Wyndarra Place, Northwood

•  No 4b Lot 4B DP 419447 (B116)

•  No 6 Lot 1 DP 410874 (B115)

Yacht Bay, Longueville (B311)

sch 3: Ins 4.8.1995. Am 2.10.1998.

Schedule 4 Archaeological sites

Part 1 Sites of European heritage items

(Clause 5 (1))

•  Arabella & Woodford Streets, Longueville	Kirk’s Factory
•  Burns Bay Reserve	Radke & Pioneer Tanneries
•  Epping Road/Mowbray Road	Chicago Mills
•  Epping Road	Cumberland Paper Mills
•  Greenwich Road	Shell Installation
•  Gother Avenue	Fell’s Shale Oil Refinery
•  Kelly’s Esplanade, Woodford Bay	Convict Stockade
•  Mann’s Point, Greenwich	Former Bond Store

Part 2 Sites of Aboriginal heritage significance

No	NPWS Site No
1	45-6-32
2	45-6-269
3	45-6-270
4	45-6-279
5	45-6-280
6	45-6-617
7	45-6-624
8	45-6-763
9	45-6-1035
10	45-6-1037
11	45-6-1038
12	45-6-1039
13	45-6-1041
14	45-6-1042
15	45-6-1043
16	45-6-1352
17	45-6-1354
18	45-6-1369
19	45-6-1391
20	45-6-1663
21	45-6-1663

schs 4–6: Ins 4.8.1995.

Schedule 5 Potential archaeological sites

(Clause 5 (1))

No	Name	Location
1	Cunningham Reach	Land having frontage to Burns Bay Road and Lane Cove River, from Fig Tree Bridge north to first cottage on western side of Burns Bay Road.
2	Linley Point Reserve	Eastern side Burns Bay Road, running north behind Carisbrook Period Hse along Burns Bay to Riverview Apmts.
3	Carisbrook	Eastern side Burns Bay Road at Linley Point.
4	Foreshore Reserve	Fronting Lane Cove River and western side of Burns Bay Road, Linley Point.
5	Foreshore Reserve	Fronting Burns Bay on eastern side Burns Bay Road at Linley Point.
6	Ludowici Reserve	South west corner Best and Penrose Streets.
7	Lovett Reserve	Foreshore reserve on Lane Cove River from Penrose Street south to Sydney Water land on western side Burns Bay Road.
8	Blackman Park	Irregular shape, extends north from Penrose Street, bounded by Lane Cove River (west) Lincoln Street and Mars Road (north) and Wood Street (east).
9	Ventemans Reach	Foreshore lands fronting Lane Cove River, north from Lincoln Street to boundary of Lane Cove area.
10	Epping Road Embankment	Road embankment north side Epping Road between Cumberland Avenue and Mowbray Road extension.
11	Reserve	East side Cumberland Avenue.
12	Epping Road Embankment	Road embankment, north side Epping Road.
13	Reserve	South side Epping Road frontage to Moore Street.
14	Reserve	East side Willandra Street through to Merinda Street.
15	Reserve	South side Epping Road through to south side Garling Street.
16	Batten Reserve	From Epping Road along Stringy Bark Creek to Elizabeth Parade.
17	Reserve	West side Centennial Avenue, bounded by Arding Street and Elizabeth Parade.
18	Reserve	North west side Centennial Avenue and Elizabeth Parade.
19	Stringy Bark Reserve	Eastern side Centennial Avenue, through to Murray Street.
20	Lane Cove Bushland Park	North side River Road, extending north to Panorama Road and Ronald Avenue. Has frontage to Osborne and Innes Roads.
21	Lane Cove Country Club Golf Course	North side River Road, extending north to First Avenue and Dorritt Street. Has frontage to Gamma and Osborne Roads, Richardson Street and Second Avenue.
22	Gore Creek Reserve	South side River Road, extending south to south side Ford Street.
23	St Vincents Reserve	South of St. Vincents Road through to French Street.
24	Greendale Park	Foreshore park to Benny’s Creek extends south from Eastview Street.
25	Ford Street Reserve	South side Ford Street, being section Gore Creek foreshore reserve.
26	Holloway Park	Eastern side Vista Street, being foreshore reserve to Gore Creek.
27	Bay Street Reserve	Waterfront reserve south side Bay Street.
28	Foreshore Reserve	Foreshore reserve extending north from Shell Park to Jago Street at Greenwich.
29	Shell Park	Western side Greenwich Road to waterfront Lane Cove River.
30	Foreshore Reserve	Foreshore reserve south from Shell Park to Greenwich Ferry Wharf.
31	Greenwich Baths Reserve	Waterfront at Albert Street.
32	Reserve	Waterfront reserve, south side O’Connell Street
33	Bond Site	North east side Prospect Street at Manns Point.
34	Manns Point Reserve	South west side Prospect Street at Manns Point.
35	Northwood Park	Southern end of Northwood Road on Woodford Bay.
36	Endeavour Playground	South side Fleming Street.
37	Foreshore Reserve	Foreshore reserve on Woodford Bay north west from lane off Kelly’s Esplanade
38	Woodford Bay Park	Foreshore park at end of Woodford Street
39	Griffith Park	Waterfront reserve on Woodford Bay at end of Dunois Street.
40	Foreshore Reserve	Waterfront reserve on Woodford Bay extending north from Cowper Street to Woodford Street.
41	Reserve	North east side of Dunois Street through to Woodford Bay.
42	Longueville Park	Waterfront reserve at south east end of Stuart Street.
43	Aquatic Park	Waterfront reserve, south west corner Mary and Stuart Streets.
44	Warraroon Reserve	In two parts: (a)  Extends north from Karingal Road and Dettmann Avenue, along eastern side Warraroon Road to River Road West (b)  Northern side River Road.
45	Hodgson Park	Foreshore reserve on Tambourine Bay extending from Stuart Street to the prolongation of Romani Avenue.
46	Amalfi Reserve	Waterfront Reserve, north western side Kenneth Street.
47	Reserve	Waterfront reserve south east side Wharf Road.

schs 4–6: Ins 4.8.1995.

Schedule 6 Items of landscape significance (indexed by street name)

(Clause 18G)

Location	Name	Item No
Arabella Street	Street trees	L26
Austin Road, Lane Cove	Street trees	L32
Bay Street, Greenwich	Bay Street Reserve	L7
Burns Bay Road	Street trees	L33
Chisholm Street, Greenwich	Street trees	L8
Epping Road	Tantallon Oval	L37
Epping Road, (Canberra & Bushlands)	Formal Gardening	L35
Epping Road/West Lane Cove	Bushland Escarpment	L38
Epping Road—Lane Cove River	Stringy Bark Creek	L45
Epping Road (Johnston & Mowbray)	Roadside Escarpment	L40
Finlayson Street, Lane Cove	Street tree planting	L34
Gore Creek Bay	Foreshore vegetation	L14
Cnr Greenwich & River Roads	Garden	L13
37 Greenwich Road, Greenwich	Coolabah	L12
62 Greenwich Road, Greenwich	Tree	L9
Greenwich Road (Cnr Landenberg)	Street Tree Scheme	L6
Greenwich Road	Shell Park & Foreshore Walk	L2
Henley Street	Street trees	L39
Kenneth, Stuart, William Edward & Dunios Sts.	Kingsford Smith Park	L25
Lane Cove River	River/waterway	L1
Lane Cove River (Centennial Ave)	Stringy Bark Creek	L36
Lane Cove River	Tambourine Bay	L24
Lane Cove River	Woodford Bay	L18
Lloyd Rees Drive, Lane Cove River	Blackman Park	L42
Longueville Road	Central Park	L21
40 Lucretia Avenue, Longueville	Jacaranda	L43
Mitchell Street,	Greenwich Street trees	L3
Northwood Road, Ferry Wharf	Street trees/remnant planting	L15
Northwood Road	Street trees	L17
Pacific Highway, Lane Cove	Coronation Park	L16
River Road	Lane Cove Golf Course	L20
River Road to Ronald Avenue	Lane Cove Bushland Park	L19
River Road to Tambourine Bay	Warraroon Reserve	L23
Robert, Mitchell & Wallace Streets	Wallace Street Reserve	L5
End of St Giles Avenue	Berry Creek Reserve	L1O
St Ignatius College	Headland, Lane Cove River	L29
Stokes & Helen Sts & Helen Park	Street trees	L44
Stuart Street, Longueville	Aquatic Park	L28
Stuart Street, Longueville	Longueville Park	L27
Tambourine Bay Road	Street Trees north of River Road West	L31
Victoria Street, Greenwich	Manns Point Park	L4
Wallace, Mitchell & Robert Streets	Wallace Street Reserve	L5
Cnr William Edward & New Streets	Shaw Reserve	L22
Wood Street, Lane Cove	Street trees	L41
Yallambee Road, Lane Cove	Street trees	L30
Greenwich	Streetscape elements	B38 B40
Greenwich Point	Streetscape elements	B37
Lane Cove	Streetscape elements	B230
Longueville	Streetscape elements	B234
Northwood	Streetscape elements	B233
Woodford Bay	Foreshore	B146

schs 4–6: Ins 4.8.1995.

Schedule 7 Classification and reclassification of public land as operational land

(Clause 19CA)

Part 1 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged

Part 2 Interests not changed

Column 1	Column 2
Locality	Description
Lane Cove
Rosenthal Avenue	Lots 28–34 and 37, DP 10155, Lot 35, DP 1109939 and Lots 1 and 2, DP 870938, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 60)”.
Lane Cove North
25 and 27 Stokes Street	Lots 13 and 14, DP 6874, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 58)”.
Lane Cove West
Lloyd Rees Drive	Part Lot 67, DP 13316, as shown edged heavy black on the map marked “Lane Cove Local Environmental Plan 1987 (Amendment No 53)”.

sch 7: Ins 5.3.1999. Subst 7.5.2004. Am 2006 (273), cl 4; 2009 (224), cl 4.

Schedule 8 Classification and reclassification of public land as community land

(Clause 19CB)

Column 1	Column 2
Locality	Description

sch 8: Ins 7.5.2004.