North Sydney Local Environmental Plan 1989

Part 1 Preliminary

1 Name of plan

This Plan may be cited as the North Sydney Local Environmental Plan 1989.

2 Aims, objectives etc

The general aims and objectives of this plan are:

(a)  to maintain and increase the availability of land for residential use in North Sydney and to prevent the further alienation of residential areas,

(b)  to maintain and increase the present population of the municipality by retaining residentially zoned land for residential purposes, by restricting the expansion of other uses into residential zones and encouraging residential use of buildings in non-residential zones, especially those buildings in the commercial zones,

(c)  to ensure that proper regard is given to the needs and wishes of the community and environmental quality,

(d)  to ensure that development on land at or near the foreshores of Port Jackson is designed so as to take into consideration the appearance of the land and development when viewed from Port Jackson,

(e)  to improve access to the foreshore areas of the Municipality by acquisition or dedication or by gaining rights of public access over foreshore land,

(f)  to maintain commercial and industrial areas within the Municipality while protecting existing residential accommodation and amenity,

(g)  to provide increased opportunities for public involvement and participation in environmental planning and assessment within the Municipality by advertising all development applications,

(h)  to provide for the economic and efficient use of land,

(i)  to incorporate all planning controls for the Municipality into a single local environmental plan,

(j)  to minimise the adverse effect of traffic within the Municipality,

(k)  to encourage the amalgamation of development sites generally where appropriate and in particular to avoid the inefficient use of land and to ensure that existing dwellings on sites too small to be redeveloped are developed in conjunction with adjoining properties,

(l)  to control subdivisions in accordance with the special provisions in that behalf made by this plan,

(m)  to identify items of environmental heritage and conservation areas and to provide guidelines to ensure their conservation, and

(n)  to allow for outdoor advertising which makes a positive contribution to the built environment of the area of North Sydney and minimises visual clutter.

cl 2: Am 19.12.1997.

3 Land to which this plan applies

This plan applies to the following land within the local government area of North Sydney:

(a)    (Repealed)

(b)  any land that has been excluded from North Sydney Local Environmental Plan 2001 under section 70 (4) of the Act and that has not been subsequently included in the land to which that plan applies.

cl 3: Am 28.3.1991; 31.1.1992; 16.4.1992; 11.12.1992; 5.3.1999. Subst 1.6.2001. Am 28.2.2003.

4 Relationship to other environmental planning instruments

(1)  Environmental planning instruments applying to land within the Municipality of North Sydney and in force immediately before the appointed day are repealed or amended as set forth in Schedule 1.

(2)  Clauses 9 and 10 of State Environmental Planning Policy No 4—Development Without Consent do not apply to the carrying out of development in conservation areas, and in relation to heritage items, to which this plan applies.

(3)  State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision and Sydney Regional Environmental Plan No 12—Dual Occupancy do not apply to the land to which this plan applies.

cl 4: Am 1.7.1994.

5 Definitions

(1)  In this plan:

adult services means the use of premises for the purpose of a massage parlour, adult sexual services or the like, but not for the purpose of a home occupation.

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

airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.

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

arterial road means:

(a)  a road shown on a map referred to in this plan by:

(i)  a continuous or intermittent red line on white between firm black lines, or

(ii)  a broken red band on white between intermittent black lines, and

(b)  a main road within the meaning of the Roads Act 1993, and

(c)  a secondary road within the meaning of the Roads Act 1993.

attached dwellings means a building on a single allotment containing two or more dwellings, each dwelling having an individual entrance and access to a courtyard at natural ground level, being a dwelling no part of which is superimposed on any part of another dwelling (except parking spaces) and includes dwellings in a row of 2 or more dwellings attached to each other such as are commonly known as townhouses.

backpackers’ accommodation means a building or part of a building primarily or principally used to provide accommodation for travellers, for tourists or for persons engaged in recreational pursuits but is not used as their principal place of residence.

boarding house means a residential building that is let in lodgings which primarily or principally provides lodgers with a principal place of residence, but does not include backpackers’ accommodation, serviced apartment or a motel.

brothel means premises habitually used for the purpose of prostitution, but not for the purpose of a home occupation.

building height plane means a plane projected at an angle of 45 degrees over a site commencing 1.8 metres above natural ground level along a boundary of the site or along any other line or boundary specified in this plan for the purpose of establishing a building height plane.

bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.

bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

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

business identification sign means an advertisement which, in respect of any place or premises, to which it is fixed, contains all or any of the following:

(a)  a reference to the identity or a description of the place or premises,

(b)  a reference to the identity or a description of any person residing or carrying on an occupation or activity at the place or premises,

(c)  such directions or cautions as are usual or necessary relating to the place or premises or any occupation or activity carried on there,

(d)  particulars or notifications required or permitted to be displayed by or under any Act or any Act of Parliament of the Commonwealth,

(e)  particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(f)  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

car park means a building or place used for the parking of motor vehicles other than parking which is ancillary to or incidental to development for a purpose which is permissible either with or without development consent.

car repair station means a building or place used for the purpose of servicing or repairing motor vehicles not involving:

(a)  body building,

(b)  panel beating, or

(c)  spray painting other than of a touching-up character.

characteristic building means any building, as it existed on 11 December 1992, within Zone No 2 (g) which reflects the predominant building form in Cremorne Point in terms of height, setbacks, subdivision pattern, orientation, building footprint, bulk and landscaping, and which is not identified in Schedule 3—Cremorne Point.

child care centre means a building or place used as a child care centre within the meaning of Part 7 of the Child Welfare Act 1939, and includes pre-schools, kindergartens and long day care centres.

club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

community land means land classified as community land within the meaning of the Local Government Act 1993.

community notice sign means a notice or display of public information by a public authority giving information or directions about services provided by that authority.

conservation area means the land edged blue and marked “conservation area” on the map.

Council means the Council of the Municipality of North Sydney.

cultural significance means aesthetic, archaeological, architectural, natural historic, scientific or social value for present and future generations.

development has the meaning ascribed to it in section 4 of the Act.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling-house means a building comprising one but not more than one dwelling on a single allotment, but does not include a building or place elsewhere specifically defined in this clause.

educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

existing building means a building in existence at the appointed day.

floor means that space within a building which is situated between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above.

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.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding the following:

(a)  columns, fin walls, sun control devices, awnings, and any other elements, projections or works outside the general lines of the outer face of the external wall,

(b)  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,

(c)  car-parking needed to meet the requirements of the Council and any internal access thereto,

(d)  space for the loading and unloading of goods,

(e)  internal public arcades and thoroughfares, terraces, balconies with outer walls less than 1400 millimetres high and the like.

health care professional means a person who renders professional health services to members of the public, and includes:

(a)  a chiropodist registered under the Chiropodists Registration Act 1962,

(b)  a chiropractor or an osteopath or a chiropractor and an osteopath registered under the Chiropractic Act 1978,

(c)  a physiotherapist registered under the Physiotherapists Registration Act 1945,

(d)  an optometrist registered under the Optometrists Act 1930, and

(e)  an acupuncturist, a naturopath, a psychologist, a herbalist, a homeopath and the like.

helipad means an area or place not open to public use which is set apart and lawfully used for the taking off and landing of helicopters.

heliport means an area or place open to public use which is licensed by the appropriate Commonwealth authority for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

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

(a)  the building does not have a gross floor area exceeding 50 square metres and is erected within the curtilage of the dwelling-house 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, grit or oil or otherwise, or

(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 dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling 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 or dwelling to indicate the name and occupation of the resident), or

(f)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail.

hospital means a building or place used as:

(a)  a hospital,

(b)  a sanatorium,

(c)  a health centre,

(d)  a nursing home, or

(e)  a home for aged persons, infirm persons, incurable persons or convalescent persons,

whether public or private, and includes a shop or dispensary used in conjunction therewith, but does not include an institution.

hotel means any premises specified in a hotelier’s licence granted under the Liquor Act 1982.

housing for aged or disabled persons means a hostel or a grouping of 2 or more self-contained dwellings or a combination of both, or any other form of residential accommodation, used for the permanent residential accommodation of aged persons or disabled persons and which includes 1 or more of the following facilities provided for use in connection with that accommodation:

(a)  accommodation for staff employed in connection with that accommodation,

(b)  chapels,

(c)  medical consulting rooms,

(b)  meeting rooms,

(e)  recreation facilities,

(f)  shops,

(e)  therapy rooms,

(h)  any other facilities for the use or benefit of aged persons or disabled persons.

industry means:

(a)  any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or

(b)  the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business.

infill development means the erection of a building comprising one or more additional dwellings on the same allotment as an existing building, where the existing building and allotment are to be retained, but does not include a building or place elsewhere specifically defined in this clause.

institution has the same meaning as in the Environmental Planning and Assessment Model Provisions 1980.

junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof.

landscaped area means that part of the site not occupied at or above ground level by any building or swimming pool which part is or is proposed to be predominantly landscaped by way of planting, gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site but does not include any area set aside for driveways and parking.

light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and does not include industries commonly known as heavy industries.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

main road means a main road within the meaning of the State Roads Act 1986.

major road frontage in relation to land, means the frontage of that land to:

(a)  a main or arterial road, or

(b)  a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.

marina means a pontoon, jetty, pier or other structure (whether water based or land based) designed to provide moorings or dry storage for boats used primarily for pleasure or recreation, or comprising (whether or not in addition to the foregoing) works such as slipways, hoists or facilities for the repair and maintenance of boats, and the provision of fuel, accessories and parts for boats, and of foodstuffs.

mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.

mineral sand mine means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar materials.

motel means a building or buildings (other than a hotel, boarding house, residential flat building, serviced apartment or backpackers’ accommodation) substantially used for the over-night accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

natural ground level means the level of any land to which this plan applies at the 3rd December 1982.

offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.

operational land means land classified as operational land within the meaning of the Local Government Act 1993.

parking space includes any garage or area available for the parking of motor vehicles.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.

place of public worship means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training.

professional consulting rooms means premises used by not more than 3 legally qualified medical practitioners or by not more than 3 dentists, within the meaning of the Dentists Act 1934, or by not more than 3 health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than 3 employees in connection with that practice.

public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a Council or an organisation established for public purposes.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:

(a)  railway, road transport, water transport, air transport, wharf or river undertakings,

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a Council, county council, Government Department, corporation, firm or authority carrying on the undertaking.

real estate sign means an advertisement which, in respect of any place or premises to which it is fixed, contains only a notice that the place or premises is or are for sale or letting (together with details relating to the sale or letting) and:

(a)  in the case of an advertisement relating to residential premises or premises containing serviced apartments:

(i)  does not exceed 2.5 sq m in area,

(ii)  has no return exceeding 200 mm, and

(iii)  is not illuminated,

(b)  in the case of an advertisement relating to commercial or industrial premises:

(i)  does not exceed 4.5 sq m in area,

(ii)  has no return exceeding 200 mm, and

(iii)  is not illuminated,

(c)  is removed no later than 14 days after letting or completion of the sale of the premises or place to which the sign relates.

recreation area means:

(a)  a new children’s playground,

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

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

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

but does not include a racecourse or showground.

recreation establishment means a health farm, religious retreat house, rest home, youth camp and the like but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause.

recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.

refreshment room means a restaurant, cafe, tea room, eating house or the like, but does not include a building or place elsewhere specifically defined in this clause.

resident medical practice means a room or number of rooms forming part of a building used as a detached dwelling-house for one permanent resident, who is a legally qualified medical practitioner or a dentist within the meaning of the Dentists Act 1934, or is a health care professional, who practises there as a sole practitioner and employs not more than one employee in connection with the practice.

residential flat building means a building containing 2 or more dwellings but does not include a building elsewhere defined in this clause.

retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold therein.

road means road, street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, road-ferry, ford, crossing and the like on the line of a road through or over a watercourse.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following purposes:

(a)  the sale by retail of spare parts and accessories for motor vehicles,

(b)  washing and greasing of motor vehicles,

(c)  installation of accessories,

(d)  repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration).

serviced apartment means a building or place which is cleaned and serviced by the owner or manager of the building or place or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a hostel or a building or place elsewhere specifically defined in this clause.

shop means a building or place used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

showroom means a building or place primarily used for the display of goods, merchandise or materials.

site means the land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this plan.

site area means the area of land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this local environmental plan.

small lot means an allotment of land having a frontage to a street and having an area less than 230m² but not less than 150m². The area of the access corridor shall not be taken into account in calculating the area of a hatchet-shaped allotment.

storey means any floor or part of a floor regardless of use but does not include:

(a)  an attic contained wholly within the roof space where the roof has a maximum pitch of 36 degrees, or

(b)  a parking area contained wholly within a basement which is below the natural ground level.

take-away food shop means a milk bar, sandwich shop or the like but does not include:

(a)  a drive-in take-away food shop, or

(b)  a building or place elsewhere specifically defined in this clause.

tavern means any premises specified in a hotelier’s licence endorsed as a tavern granted under the Liquor Act 1982, which premises do not provide accommodation.

telecommunications facility means:

(a)  any part of the infrastructure of a telecommunications network, or

(b)  any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.

temporary sign means an advertisement of a temporary nature which:

(a)  announces any local event of a religious, educational, political, social or recreational character or relates to any temporary matter in connection with such an event,

(b)  does not include advertising of a commercial nature, but may include the name of any sponsor of the event if the sponsor’s name or logo remains subordinate to the main announcement, and

(c)  is not displayed earlier than 28 days before the day on which the event to which it relates is to take place and is removed within 14 days after that event.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “North Sydney Local Environmental Plan 1989” comprised of sheets numbered 1, 2 and 3 deposited in the office of the Council, as amended by the following maps:

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.

North Sydney Local Environmental Plan 1989 (Amendment No 4)

North Sydney Local Environmental Plan 1989 (Amendment No 7)

North Sydney Local Environmental Plan 1989 (Amendment No 8)

North Sydney Local Environmental Plan 1989 (Amendment No 9)

North Sydney Local Environmental Plan 1989 (Amendment No 10)

North Sydney Local Environmental Plan 1989 (Amendment No 11)

North Sydney Local Environmental Plan 1989 (Amendment No 13)

North Sydney Local Environmental Plan 1989 (Amendment No 14)

North Sydney Local Environmental Plan 1989 (Amendment No 18)

North Sydney Local Environmental Plan 1989 (Amendment No 20)

North Sydney Local Environmental Plan 1989 (Amendment No 23)

North Sydney Local Environmental Plan 1989 (Amendment No 25)

North Sydney Local Environmental Plan 1989 (Amendment No 27)

North Sydney Local Environmental Plan 1989 (Amendment No 28)

North Sydney Local Environmental Plan 1989 (Amendment No 31)

North Sydney Local Environmental Plan 1989 (Amendment No 33)

North Sydney Local Environmental Plan 1989 (Amendment No 35)

North Sydney Local Environmental Plan 1989 (Amendment No 38)

North Sydney Local Environmental Plan 1989 (Amendment No 40)

North Sydney Local Environmental Plan 1989 (Amendment No 41)

North Sydney Local Environmental Plan 1989 (Amendment No 42)

North Sydney Local Environmental Plan 1989 (Amendment No 47)

North Sydney Local Environmental Plan 1989 (Amendment No 54)—Sheets 1–3

North Sydney Local Environmental Plan 1989 (Amendment No 59)

North Sydney Local Environmental Plan 1989 (Amendment No 60)

North Sydney Local Environmental Plan 1989 (Amendment No 64)

tourist facilities means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities.

trade craft workshop means a building or place such as a workshop or premises used for the purpose of repairing electrical equipment, bicycles, instruments, office equipment, and includes a painter’s or plumber’s workshop and the like, whether or not the building or place is also used for minor retail sales.

transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.

utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

wall height means the vertical distance between the top of the eaves at the wall line, parapet or flat roof (not including a chimney) whichever is the highest, and the natural ground level.

warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.

zone means land referred to in clause 8 and the Table to clause 9 and shown on the map by distinctive colouring or edging or in some distinctive manner as referred to in clause 8 for the purpose of indicating the restrictions imposed by the plan on the development or use of land.

(2)  In this plan:

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

(b)  a reference to a map is a reference to a map deposited in the office of the Council.

cl 5: Am 22.12.1989; 26.10.1990; 30.11.1990; 28.3.1991; 12.4.1991; 11.10.1991; 31.1.1992; 6.3.1992; 16.4.1992; 24.4.1992; 16.10.1992; 11.12.1992; 22.1.1993; 2.7.1993; 6.8.1993; 20.8.1993; 3.6.1994; 8.7.1994; 2.9.1994; 1.9.1995; 29.9.1995; 8.11.1996; 14.2.1997; 24.4.1997; 20.6.1997; 18.7.1997; 3.10.1997; 14.11.1997; 19.12.1997; 21.8.1998; 23.10.1998; 24.12.1998; 5.3.1999; 16.7.1999; 20.10.2000; 2007 (641), Sch 5.28.

6 Adoption of Model Provisions

This plan adopts the Environmental Planning and Assessment Model Provisions 1980, other than clauses 4, 7, 15, 16, 17, 24, 28, 29, 31, 32 and 34.

7 Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2 General restrictions on development

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 (a) (Residential “A”)—coloured pink with dark red edging and lettered “2 (a)”.

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

Zone No 2 (c) (Residential “C”)—coloured pink and lettered “2 (c)”.

Zone No 2 (d) (Residential/Neighbourhood Shops)—coloured pink with dark red edging and lettered “2 (d)”.

Zone No 2 (e) (Oyster Cove Gasworks Site (Residential))—coloured pink with dark red edging and lettered “2 (e)”.

Zone No 2 (f) (McMahons Point (Residential/Light Industrial))—coloured pink with dark red edging and lettered “2 (f)”.

Zone No 2 (g) (Residential “G”)—coloured pink with dark red edging and lettered “2 (g)”.

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

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

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

Zone No 5 (a) (Special Uses “A”)—coloured yellow with red lettering identifying the specific use.

Zone No 5 (b) (Special Uses “B” (Railways))—Coloured blue purple.

Zone No 5 (c) (Special Uses “C” (Roads))—uncoloured between firm black lines.

Zone No 5 (d) (Special Uses “D” (Public Recreation, Amusement and Entertainment))—coloured yellow and lettered “5 (d)”.

Zone No 6 (a) (Public Recreation “A” (Existing))—coloured dark green.

Zone No 6 (b) (Private Recreation “B”)—coloured dark green with yellow edging and lettered “6 (b)”.

Zone No 6 (c) (Recreation (Special Purposes) “C”)—coloured dark green with dark red edging and lettered “6 (c)”.

Zone No 6 (d) (Bushland) “C”)—coloured dark green with dark red edging and lettered “6 (d)”.

Zone No 6 (e) (Oyster Cove Gas Works Site (Open Space))—coloured dark green with red edging and lettered Open Space “6 (e)”.

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

Zone No 9 (b) (Regional Open Space Reservation)—coloured light green with red edging with the letter “R” superimposed in red.

Zone No 9 (c) (Local Road Widening Reservation)—coloured grey between:

(a)  a firm black line and a broken black line, or

(b)  broken black lines.

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

cl 8: Am 31.1.1992; 16.10.1992; 11.12.1992.

9 Development control table

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

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

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

(c)  development is prohibited,

are specified as separate items under the headings:

1  Without development consent,

2  Only with development consent, and

3  Prohibited,

respectively, appearing in the matter relating to the zone.

(2)  Where the Table to this clause specifies the objectives of a zone or zones, the council shall not consent to development which, in its opinion, is inconsistent with the objectives specified in relation to the zone in which the development is proposed to be carried out.

(3)  For the removal of doubt, all development that may be carried out under this plan requires consent before it can be carried out, unless the development is exempt development, or is stated in the table to this clause to be development that may be carried out without development consent.

Table

General objectives of residential zones

The general objectives of Zones Nos 2 (a), 2 (b), 2 (c), 2 (d), 2 (e), 2 (f) and 2 (g) are:

(a)  to maintain the existing residential areas of the Municipality by retaining residentially zoned land for residential purposes and by restricting the expansion of other uses into residential zones,

(b)  to provide additional housing without adversely affecting the amenity of existing residential areas,

(c)  to encourage the widest range of residential accommodation for all social and economic groups by encouraging the retention of boarding houses and other low income accommodation and the provision of family accommodation,

(d)  to ensure that residential development is carried out in an orderly manner without adversely affecting the scale and character of a locality and to ensure that new housing is compatible with the surrounding existing development,

(e)  to ensure that residential development does not isolate sites in residential areas,

(f)  to allow for increased residential use of commercially zoned land,

(g)  to encourage the efficient use of land for housing by:

(i)  increased use of existing structurally sound buildings for residential purposes, and

(ii)  permitting infill development where the existing character of an area would otherwise be reduced by demolition and redevelopment, and

(iii)  ensuring that there is flexibility in the application of residential planning controls, and

(iv)  maintaining the amenity of residential areas by controlling floodlighting and the erection of advertisements in residential areas,

(h)  to maintain and enhance the environmental quality of all lands, including foreshore lands,

(i)  to make provision for foreshore building lines,

(j)  to ensure that residential development is carried out so that new development conforms to the setbacks of existing development,

(k)  generally to encourage the amalgamation of development sites where appropriate and in particular to avoid the inefficient use of land and to ensure that existing dwellings on sites too small to be redeveloped are developed in conjunction with adjoining properties,

(l)  to ensure that car parking areas in attached dwelling-houses and residential flat buildings are placed below ground,

(m)  to encourage retention of neighbourhood shops and local shops in residential areas, and

(n)  to allow small lot subdivision in residential areas in order to increase the availability of land for residential use.

Zone No 2 (a)   (Residential “A”)

Objectives of zone

The particular objectives of this zone are:

(a)  to allow for housing only in the form of dwelling houses and housing for aged or disabled persons,

(b)  to permit a form of development which is compatible with the scale and character of the existing locality, and

(c)  to allow within the zone non-residential uses which are compatible with the character and scale of detached housing.

1   Without development consent

Dwelling houses; home occupations.

2   Only with development consent

Child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; open space; places of assembly; places of public worship; resident medical practices; roads; utility installations, other than gas holders or generating works.

3   Prohibited

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

Zone No 2 (b)   (Residential “B”)

Objectives of zone

The particular objectives of this zone are:

(a)  to allow for a variety of housing forms including low density detached dwellings, attached dwellings, boarding houses and group homes,

(b)  to permit a form of development which is compatible with the scale and character of the existing locality, and

(c)  to allow non-residential uses which are compatible with the residential character of the scale of medium density attached housing.

1   Without development consent

Dwelling houses; home occupations.

2   Only with development consent

Attached dwellings; boarding houses; child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; open space; resident medical practices; places of assembly; places of public worship; utility installations, other than gas holders or generating works.

3   Prohibited

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

Zone No 2 (c)   (Residential “C”)

Objectives of zone

The particular objectives of this zone are:

(a)  to permit a form of development which is compatible with the scale and character of the existing locality, and

(b)  to allow non-residential uses which are compatible with the character and scale of medium density housing.

1   Without development consent

Dwelling houses; home occupations.

2   Only with development consent

Attached dwellings; boarding houses; child care centres; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; open space; places of assembly; places of public worship; resident medical practices; residential flat buildings; roads; utility installations, other than gas holders or generating works.

3   Prohibited

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

Zone No 2 (d)   (Residential/Neighbourhood Shops)

Objectives of zone

The particular objectives of this zone are:

(a)  to permit a range of residential development within a two storey height limit,

(b)  to provide opportunities for the establishment and retention of retail facilities and related services to serve the needs of the surrounding residential areas,

(c)  to prohibit development for the purposes of commercial premises in order to encourage the retention of neighbourhood shops, and

(d)  to permit a form of development which is compatible with the scale and character of the surrounding residential area.

1   Without development consent

Dwelling-houses; home occupations.

2   Only with development consent

Advertisements; art and craft galleries; attached dwellings; barbers’ shops and beauty salons; boarding houses; boot and shoe repairing; child care centres; dressmaking; drainage; dwellings; dry cleaning or dyeing agencies; educational establishments; framing; hairdressing salons; home industries; hospitals; infill development; lending libraries; open space; owner-operated travel agency; photographic studios; places of assembly; places of public worship; post offices; professional consulting rooms; real estate agencies; refreshment rooms; residential flat buildings; roads; self-service coin-operated laundries; service stations; shops; tailoring; take-away food shops; Totalizator Agency Board offices; trade or craft workshops; utility installations, other than gas holders or generating works.

3   Prohibited

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

Zone No 2 (e)   (Oyster Cove Gasworks Site (Residential))

Objectives of zone

The particular objectives of this zone are:

(a)  to encourage the redevelopment of the land to which this plan applies for residential and community purposes,

(b)  to ensure those areas of the site known to be contaminated are so treated and rehabilitated that the site becomes safe for residential and community purposes,

(c)  to allow development to occur without undue effect on existing residential development, and

(d)  to allow non-residential uses which are compatible with the residential character of medium density development comprising attached dwellings.

1   Without development consent

Home occupations.

2   Only with development consent

Attached dwellings; boarding houses; car parking; child care centres; dwelling-houses; educational establishments; home industries; hospitals; marinas; professional consulting rooms; places of assembly; places of public worship; public buildings; recreation facilities; refreshment rooms; residential flat buildings; serviced apartments; utility installations, other than gas holders or generating works, but including service tunnels.

3   Prohibited

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

Zone No 2 (f)   (McMahons Point (Residential/Light Industrial))

Objectives of zone

The particular objectives of this Zone are:

(a)  to permit a range of residential development within a 2 storey height limit,

(b)  to permit light industrial uses which do not interfere with residential amenity,

(c)  to permit a form of development which is compatible with the scale and character of the surrounding residential area,

(d)  to prohibit development for the purposes of commercial premises and shops in order to encourage residential development and to allow for light industrial uses, and

(e)  to allow a dwelling to be used in conjunction with a light industrial use.

1   Without development consent

Dwelling-houses; home occupations.

2   Only with development consent

Advertisements; attached dwellings; boarding houses; child care centres; dwellings in conjunction with light industries; educational establishments; home industries; hospitals; housing for aged or disabled persons; infill development; light industries; open space; places of assembly; places of public worship; recreational facilities; resident medical practices; roads; utility installations other than gasholders or generating works.

3   Prohibited

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

Zone No 2 (g)   (Cremorne Point Residential)

Objectives of zone

The particular objectives of this zone are:

(a)  to maintain the character and the heritage significance of Cremorne Point and prevent this from being gradually eroded by unsympathetic development,

(b)  to ensure that the features of new development—such as height, bulk, subdivision pattern, building footprint and orientation, and landscaping—are similar to those of characteristic development and fit into the existing streetscape,

(c)  to prevent any detrimental effect of development on the residential amenity of Cremorne Point and on the amenity of Cremorne Reserve in terms of shadows, privacy and views,

(d)  to provide for development which relates well to the existing characteristic building form, characteristic subdivision pattern, and characteristic landscaping, and

(e)  to maintain the diversity of building heights and scale characteristic of Cremorne Point.

1   Without development consent

Home occupations.

2   Only with development consent

Attached dwellings; boarding-houses; child care centres; dwelling-houses; home industries; housing for aged or disabled persons; open space; resident medical practices; residential flat buildings; roads; utility installations, other than gasholders or generating works.

3   Prohibited

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

Zone No 3 (a)   (Commercial “A”)

Objectives of zone

The particular objectives of this zone are:

(a)  to maintain the role of the Central Business District of North Sydney as the focus of commercial development within the Municipality, and as an integral part of the dominant Regional Centre in the Sydney Region by maintaining the floor space ratios contained in previous environmental planning instruments,

(b)  to allow for a diverse range of retail activities and entertainment opportunities within the commercial zones,

(c)  to prevent any expansion of commercial zones at the expense of residential zones,

(d)  to encourage residential development on land within the zone especially in North Sydney and St Leonards,

(e)  to improve, by civic design and landscape proposals, the amenity of commercial areas in the Municipality,

(f)  to limit commercial and retail gross floor area by means of specific controls, having regard to the traffic and car parking capacity of the road system especially within the commercial areas,

(g)  to ensure by the formulation of appropriate controls that any development carried out within this zone on land adjoining or adjacent to residential areas has no adverse environmental effects on those residential areas,

(h)  to minimise the traffic impact of commercial or retail development on adjacent residential areas, and

(i)  to encourage vehicular access for commercial development away from major arterial roads.

1   Without development consent

Home occupations.

2   Only with development consent

Adult services; advertisements; airline terminals; attached dwellings; backpackers’ accommodation; boarding houses; brothels; bus stations; car parking; car repair stations; child care centres; clubs; commercial premises; drainage; dwellings; educational establishments; hotels; housing for aged or disabled persons; light industry not exceeding 100 sq metres use; motels; open space; places of assembly; places of public worship; professional consulting rooms; public buildings; public utility undertakings; recreational facilities; refreshment rooms; residential flat buildings; roads; service stations; serviced apartments; shops; showrooms; take-away food shops; taverns; transport terminals; trade or craft workshops; utility installations, other than gas holders or generating works; warehouses.

3   Prohibited

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

Zone No 4 (a)   (Waterfront Industrial)

Objectives of zone

The particular objectives of this zone are:

(a)  to permit a wide variety of development related to and including waterfront industrial purposes,

(b)  to prohibit commercial premises, heavy industry and residential uses in waterfront industrial zones, and

(c)  to permit a form and scale of development which will reduce the adverse environmental effects of industrial development on adjacent residential and recreational areas.

1   Without development consent

Nil.

2   Only with development consent

Any purpose other than a purpose included in item 3.

3   Prohibited

Adult services; attached dwellings; boarding houses; brothels; car parking; car repair stations; caravan parks; commercial premises; dwelling-houses; educational establishments; extractive industries; heavy industry; home industry; hospitals; hotels; industries not directly related to maritime industry; institutions; junk yards; mines; motels; offensive or hazardous industries other than those for which the proposed site and layout of buildings is such as to render the industry inoffensive or non-hazardous to adjoining development and for which adequate facilities are available for the treatment and disposal of trade waste; places of public worship; refreshment rooms; residential flat buildings; serviced apartments; shops other than a ship’s chandlery having an area less than 25 sq metres; showrooms; taverns; utility installations, other than gas holders or generating works; warehouses.

Zone No 4 (b)   (Light Industrial)

Objectives of zone

The particular objectives of this zone are:

(a)  to permit industrial uses with minor ancillary retail uses,

(b)  to allow for residential use of land zoned light industrial,

(c)  to prohibit commercial office space (other than ancillary space) and heavy industries, and

(d)  to permit a form and scale of development which will reduce any possible adverse environmental effects of industrial development on adjacent residential areas.

1   Without development consent

Home occupations.

2   Only with development consent

Advertisements; attached dwellings; builders’ yards; bulk stores; car repair stations; child care centres; dwelling-houses; film and photographic studios; light industries; newsagencies; open space; places of public worship; printing (jobbing); public buildings; roads; refreshment rooms; residential flat buildings; shops ancillary to the predominant use of the land; service stations; showrooms; spray painting and panel beating; take-away food shops; trade or craft workshops; undertakers’ establishments; utility installations, other than gas holders or generating works; veterinary surgeons’ establishments; warehouses.

3   Prohibited

Any purpose other than a purpose included in item 1 or 2; car parking; heavy industry; home industries.

Special Use Zones

Objectives of zones

The general objectives of Zones Nos 5 (a), 5 (b), and 5 (c) are:

(a)  to identify and rezone as special use zones such parts of residential zones as are used for hospitals, churches, educational establishments, government purposes and clubs, and

(b)  to otherwise prevent the expansion of special use zones into adjoining residential areas.

Zone No 5 (a)   (Special Uses “A”)

1   Without development consent

Dwelling-houses.

2   Only with development consent

The particular purpose indicated by red lettering on the map; any purpose ordinarily incidental or subsidiary to the purpose indicated on the map; attached dwellings; boarding houses; child care centres; drainage; infill development; recreation areas; residential flat buildings; roads; utility installations, other than generating works or gas holders.

3   Prohibited

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

Zone No 5 (b)   (Special Uses “B” (Railways))

1   Without development consent

Dwelling-houses.

2   Only with development consent

Attached dwellings; boarding houses; child care centres; community facilities; drainage; dwellings; infill development; open space; public buildings; railway purposes (including any development authorised by or under the Government Railways Act 1912); recreation areas; residential flat buildings; utility installations, other than generating works or gas holders.

3   Prohibited

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

Zone No 5 (c)   (Special Uses “C” (Roads))

1   Without development consent

Roads.

2   Only with development consent

Advertisements; any purpose ordinarily incidental or subsidiary to a road; drainage; open space; utility installations, other than gas holders or generating works.

3   Prohibited

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

Zone No 5 (d)   (Special Uses “D” (Public Recreation, Amusement and Entertainment))

Objectives of zone

The particular objectives of this zone are to ensure that development reflects and continues Luna Park’s place in the social history of Sydney and to allow for development for the purposes of public recreation, amusement and entertainment:

1   Without development consent

Nil.

2   Only with development consent

The particular purposes indicated by red lettering on the map; amusements; any purpose ordinarily incidental or subsidiary to the purpose indicated on the map; places of assembly; recreation areas; recreation facilities; refreshment rooms; take-away food shops; taverns; works (other than buildings) for the purposes of landscaping or gardening.

3   Prohibited

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

General objectives for certain open space zones

The general objectives of Zones Nos 6 (a), 6 (b), 6 (c) and 6 (d) are:

(a)  to maintain and enhance an integrated system of open space areas within North Sydney Council’s area,

(b)  to allow for a diversity of recreational, leisure and cultural opportunities based on identified needs of the community,

(c)  to preserve identified examples of the natural and cultural landscape character of the Council’s area,

(d)  to provide for developed recreational needs where appropriate, and

(e)  to preserve and protect areas of natural, cultural, historical, scientific, educational, archaeological, geological, recreational, scenic and visual value within open space zones in accordance with plans of management adopted by the Council under the Local Government Act 1993.

Zone No 6 (a)   (Public Recreation “A” (Existing))

Objectives of zone

The particular objectives of this zone are:

(a)  to allow for a range of open space areas which meet the needs of the North Sydney population for both formal and informal recreation, and

(b)  to ensure sufficient public recreation areas are available for the benefit and use of residents and visitors to North Sydney Council’s area, and

(c)  to allow for the enhancement and management of both formal and informal recreation areas in accordance with plans of management adopted by the Council under the Local Government Act 1993.

1   Without development consent

Works (other than buildings) for the purposes of bushfire hazard reduction, drainage, horticulture, installation of park furniture, landscaping, park maintenance, pedestrian paths, replacement of play equipment and walking tracks.

2   Only with development consent

Buildings for the purposes of horticulture, landscaping, park maintenance and related vehicular access; recreation areas; refreshment rooms; utility installations other than gasholders or generating works.

3   Prohibited

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

Zone No 6 (b)   (Private Recreation “B”)

Objectives of zone

The particular objectives of this zone are:

(a)  to identify privately owned recreation and leisure areas within the Council’s area, and

(b)  to enable development and enhancement of private recreation areas by bodies of persons associated for the purposes of the physical, cultural and intellectual welfare of the community.

1   Without development consent

Works (other than buildings) for the purposes of bushfire hazard reduction, drainage, horticulture, landscaping or park maintenance.

2   Only with development consent

Buildings for the purposes of horticulture, landscaping, park maintenance and related vehicular access; clubs; recreation areas; recreation facilities; utility installations other than gasholders or generating works.

3   Prohibited

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

Zone No 6 (c)   (Recreation (Special Purposes) “C”)

Objectives of zone

The particular objectives of this zone are:

(a)  to identify existing publicly owned elements of importance for community use, including significant buildings and their parkland settings, and

(b)  to ensure continued public access to land and buildings within the zone, and

(c)  to allow for the enhancement and management of both formal and informal recreation areas in accordance with plans of management adopted by the Council under the Local Government Act 1993.

1   Without development consent

Works (other than buildings) for the purposes of drainage, horticulture, installation of park furniture, landscaping, park maintenance and replacement of outdoor play equipment.

2   Only with development consent

Advertisements; buildings for the purposes of horticulture, landscape construction and related vehicular access; child care centres; clubs; community facilities; educational establishments; park maintenance; public buildings; recreation areas; recreation facilities; refreshment rooms; tourist facilities; utility installations other than gasholders or generating works.

3   Prohibited

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

Zone No 6 (d)   (Bushland)

Objectives of zone

The particular objectives of this zone are:

(a)  to protect and preserve urban bushland so as to provide representation of the natural state and to enable existing animal and plant communities to survive in the long term, and

(b)  where appropriate, to allow for low impact recreational opportunities which will protect the values of urban bushland, and

(c)  to protect and preserve urban bushland for its natural, cultural, historical, scientific, educational, archaeological, geological, recreational, scenic and visual values in accordance with the Bushland Plan of Management adopted by the Council under the Local Government Act 1993.

1   Without development consent

Works (other than buildings) for the purposes of bushfire hazard reduction, bushland regeneration, drainage, installation of park furniture, interpretive signs, landscaping and walking tracks.

2   Only with development consent

Buildings for the purposes of bushland management, bushland regeneration, landscaping and visitor facilities.

3   Prohibited

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

Zone No 6 (e)   (Oyster Cove Gas Works Site (Open Space))

Objectives of zone

The particular objectives of this zone are:

(a)  to encourage the redevelopment of the land to which this plan applies for open space purposes,

(b)  to ensure that those areas of the site known to be contaminated are so treated and rehabilitated that the site becomes safe for open space purposes, and

(c)  to allow development to occur without undue effect on existing residential development.

1   Without development consent

Nil.

2   Only with development consent

Marinas; recreation areas; recreation facilities; refreshment rooms; roads; utility installations other than gas holders and generating works.

3   Prohibited

Any purpose other than a purpose include in Item 2.

Objectives of reservations

The general objectives of Zones Nos 9 (a), 9 (b), 9 (c) and 9 (d) are:

(a)  to increase the provision and improve the quality of open space throughout the Municipality and to permit those activities which would enhance the public recreational value of that open space,

(b)  to improve access to the foreshores of the Municipality by acquisition or by gaining rights of public access over foreshore land,

(c)  to prevent the alienation of public land for private purposes and, as a long term objective, to regain alienated land,

(d)  to acquire land reserved for open space either as a condition of development approval or by purchase,

(e)  to prohibit further use of open space land for sporting purposes, including the construction of buildings, parking areas or roads, other than roads serving the primary use of the land for general recreation purposes, and

(f)  to preserve all existing bushland in its native state and to encourage the elimination of exotic flora in open space where such flora is inimical to the best use or preservation of that open space.

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

1   Without development consent

Works (other than buildings) for the purposes of landscaping, gardening or bushfire hazard control.

2   Only with development consent

Buildings for the purposes of landscaping, gardening or bushfire hazard reduction and vehicular control thereto; recreation areas; utility installations, other than gas holders and generating works.

3   Prohibited

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

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

1   Without development consent

Works (other than buildings) for the purposes of landscaping, gardening or bushfire hazard control.

2   Only with development consent

Buildings for the purposes of landscaping, gardening or bushfire hazard reduction and vehicular access thereto; recreation areas.

3   Prohibited

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

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

1   Without development consent

Road widening; roads.

2   Only with development consent

Drainage; utility installations, other than gas holders and generating works.

3   Prohibited

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

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

1   Without development consent

Widening of existing county roads.

2   Only with development consent

Drainage; utility installations, other than gas holders and generating works.

3   Prohibited

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

cl 9: Am 11.10.2002.

cl 9, table: Am 22.12.1989; 26.4.1991; 31.1.1992; 16.10.1992; 11.12.1992; 3.6.1994; 10.2.1995; 1.9.1995; 9.5.1997; 14.11.1997; 19.12.1997; 21.8.1998.

9A Exempt development

(1)  Subject to the provisions of the Act, development is exempt development if it is development which:

(a)  is permissible, with or without consent, in the zone in which it is to be carried out, and

(b)  is listed in Column 1 of the Table in Schedule 5, and

(c)  satisfies all of the requirements specified in Column 2 of the Table in Schedule 5 that are relevant to the development, and

(d)  complies with all quantitative controls specified in the provisions of this plan which would apply to the development if it were not exempt development.

(2)  State Environmental Planning Policy No 1—Development Standards does not apply so as to allow consent for development that is identified by this plan as exempt development but that does not comply with a development standard with which it is required to comply to be carried out as exempt development.

cl 9A: Ins 4.2.2000.

9B Complying development

(1)  Subject to the provisions of the Act, development is complying development if it is development which:

(a)  is permissible, with consent, in the zone in which it is to be carried out, and

(b)  is listed in a development category in Schedule 6, and

(c)  satisfies all of the requirements specified in the standards for the relevant development category in Schedule 6, and

(d)  complies with all quantitative controls specified in the provisions of this plan which would apply to the development if it were not complying development,

(e)  is not on land reserved for acquisition by a public authority as identified in an environmental planning instrument.

(2)  A complying development certificate issued for any such development is to be subject to the conditions specified in Schedule 7.

(3)  In addition, a complying development certificate that relates to the erection of builders sheds or portable facilities must:

(a)  state that the sheds or toilet facilities are temporary buildings, and

(b)  specify a removal date that is no later than one year after the date of issue of the complying development certificate.

cl 9B: Ins 4.2.2000 (see also 18.2.2000).

Part 3 Special provisions

Division 1 Subdivision of land

10 Consent required for subdivision

Land to which this plan applies may not be subdivided without development consent.

11 Minimum allotment size in residential zones

(1)  A person shall not subdivide land within a zone specified in Column 1 of the Table to this clause unless the area of each allotment to be created by the subdivision will be not less than the area specified opposite that zone in Column 2 of the Table.

Table

Column 1	Column 2
Zone	Minimum Area
2 (a)	450 square metres
2 (b)	200 square metres
2 (c)	150 square metres
2 (f)	150 square metres
2 (g)	600 square metres

(2)  For the purposes of subclause (1), the area of the access corridor shall not be taken into account in calculating the area of a hatchet-shaped allotment.

cl 11, table: Am 31.1.1992. Subst 11.12.1992.

Division 2 Controls in residential zones

12 Storeys

(1)  A building, other than an infill development, a dwelling-house on a small lot or a residential flat building, shall not be erected on land in Zone No 2 (a), 2 (b), 2 (c), 2 (d) or 2 (f) having more than 2 storeys measured vertically above any point at natural ground level.

(2)  A building, being part of an infill development, shall not be erected if the building will contain more than one storey measured vertically above any point at natural ground level.

cl 12: Am 22.12.1989; 31.1.1992; 11.12.1992; 3.6.1994.

12A Controls in Zone No 2 (g) (Cremorne Point Residential)

(1)  This clause applies to land in the Residential 2 (g) Zone.

(2)  The Council must not consent to the erection of a building on land in the 2 (g) Zone if:

(a)  the proposed building will have more than two storeys measured vertically above any point at natural ground level,

(b)  the proposed building will result in the significant loss of views from surrounding properties and public spaces, including roads, laneways, and parkland,

(c)  the proposed building will cast a shadow, on an existing dwelling, which reduces the sunlight available to the northern facade or landscaped open space areas of such dwelling to less than 2 hours per day between 9.00 am and 3.00 pm mid-winter, or

(d)  any well-founded objections, in the opinion of the Council, have been raised by persons likely to be affected by the proposed building.

(3)  Despite subclause (2) (a), the Council may consent to the erection of a building on land in the 2 (g) Zone with a height greater than two storeys but only if it is satisfied that:

(a)  the proposed building will not contravene the criteria in subclauses (2) (b) and (2) (c),

(b)  the wall height, at the mid-point on the front facade of the proposed building, will not exceed the average of the wall heights at the mid-point on the front facades of the nearest characteristic buildings to each side,

(c)  the wall heights on the remaining facades of the proposed building will not exceed the reduced level (R.L.) established at the top of the wall on the front facade, and

(d)  no well founded objections, in the opinion of the Council, have been raised by persons likely to be affected by the proposed building.

cl 12A: Ins 11.12.1992. Subst 3.6.1994.

13 Building height plane

(1)  Subject to subclause (2), a building shall not be erected on a site in Zone No 2 (a), 2 (b), 2 (c), 2 (d) or 2 (f) where any part of the building will exceed a building height plane projected at any point from any boundary of the site.

(2)  A building may be erected which does not comply with the building height plane provided the building, when erected:

(a)  will not materially increase the overshadowing of adjoining properties,

(b)  will not materially reduce the level of privacy enjoyed by adjoining properties,

(c)  will not materially obstruct views from adjoining buildings, and

(d)  will not materially reduce the level of daylight and ventilation to existing development,

and no well founded objection is raised to the proposed building.

cl 13: Am 31.1.1992.

13A Landscaped area

A building specified in Column 1 of the Table to this clause shall not be erected in the zone specified in Column 2 of the Table unless the percentage of the site specified opposite that zone in Column 3 of the Table is landscaped area.

Table

Column 1	Column 2	Column 3
Building	Zone	Percentage of site to be landscaped
Dwelling-house (other than a dwelling-house on a small lot)	2 (a), 2 (b), 2 (c), 2 (d), 2 (f), 2 (g)	50%
Dwelling-house on a small lot	2 (b), 2 (c), 2 (d), 2 (f)	35%
Dwelling-house attached to and used in conjunction with another permissible use	2 (d)	20%
Attached dwellings	2 (b)	70%
Attached dwellings	2 (c)	50%
Attached dwellings	2 (d), 2 (f)	35%
Attached dwellings	2 (g)	60%
Infill development	2 (b)	55%
Infill development	2 (c), 2 (d), 2 (f)	35%
Residential flat building	2 (c), 2 (d), 2 (g)	60%
Residential flat building attached to and used in conjunction with another permissible use	2 (d)	20%

cl 13A: Ins 22.12.1989.

cl 13A, table: Ins 22.12.1989. Subst 31.1.1992; 11.12.1992.

14 Dwelling-houses on small lots

(1)  No building other than a dwelling-house shall be erected on a small lot.

(2)  A dwelling-house having more than one storey measured vertically above any point at natural ground level shall not be erected on a small lot.

(3)  A dwelling-house having a gross floor area exceeding 135 sq metres shall not be erected on a small lot.

(4)  A dwelling-house shall not be erected on a small lot unless carparking is provided for that lot directly from a road.

14A Residential flat buildings in Zone No 2 (c)

(1)  A residential flat building shall not be erected on land in Zone No 2 (c) if:

(a)  any principal building on adjoining land is less than 3 storeys measured vertically above any point at natural ground level, or

(b)  well founded objections, in the opinion of the Council, have been raised by persons likely to be affected by the proposed residential flat building, or

(c)  attached dwellings could reasonably be erected on the site in a manner which would enable the occupants of those dwellings to enjoy reasonable sunshine and privacy.

(2)  A residential flat building shall not be erected on land in Zone No 2 (c) if the building has more than 3 storeys measured vertically above any point at natural ground level.

(3)  In subclause (1) (a), adjoining land, in relation to a parcel of land, means:

(a)  land which immediately adjoins any boundary of the parcel of land, or

(b)  land which is separated from the parcel of land by a driveway, right-of-way or accessway (not including a public road or public footpath).

(4)  For the purposes only of subclause (1) (a), but not otherwise, the erection of a residential flat building does not include the making of alterations and additions to an existing residential flat building where the alterations and additions:

(a)  do not cause any material loss of views from other properties or public places, and

(b)  do not cause any material overshadowing of other properties or public places, and

(c)  do not cause any material loss of privacy to other properties, and

(d)  do not increase the number of storeys of the existing residential flat building, except where an additional storey to a 2 storey residential flat building is compatible with the height and scale of buildings on adjoining land, and

(e)  do not decrease the landscaped area of the existing residential flat building below the 60% requirement under clause 13A, or do not decrease the landscaped area (where the existing landscaped area is below the 60% requirement).

In this subclause, existing residential flat building means a residential flat building which lawfully existed at the date of lodgement of the development application seeking consent for alterations and additions allowed by the operation of this subclause.

cl 14A: Ins 22.12.1989. Am 27.6.1997.

15 Controls in Residential “D” zone

(1)  This clause applies to land in the Residential “D” zone.

(2)  A building shall not be erected on land to which this clause applies if the ratio of the gross floor area of the building to the area of the land on which the building is proposed to be erected would exceed the ratio of 1:1.

16 Controls in Zones Nos 2 (e) and 6 (e)

(1)  This clause applies to land at King Street, Waverton, known as the Oyster Cove Gasworks site or The AGL Site, Waverton, being the land in Zones Nos 2 (e) and 6 (e).

(2)  A person shall not, on land to which this clause applies:

(a)  disturb or excavate any land for any purpose,

(b)  carry out any land filling,

(c)  clear trees or other vegetation from the land,

(d)  carry out any work, or

(e)  alter the landscape or carry out any landscaping,

except with the consent of the Council.

(3)  The Council shall not consent to the carrying out of development on land to which this clause applies unless it is satisfied that the land has been made safe for the purpose for which it is to be used.

(4)  The Council shall not consent to the carrying out of development on land to which this clause applies if as a result of that consent there would exist on the land to which this clause applies more than 900 bedrooms.

(5)  Nothing in subclause (4) prevents the Council from consenting to developments for the purpose of housing for aged or disabled persons (within the meaning of State Environmental Planning Policy No 5) provided there are no more than 40 self-contained dwellings on the land to which this clause applies.

17 Buildings at Ross Street

(1)  This clause applies to those buildings listed in Schedule 2 under the heading “Ross Street”.

(2)  A person may, with the consent of the Council, use a building or part of a building and its immediate curtilage for the purpose of commercial premises, art exhibitions, craft workshops, refreshment rooms or shops.

(3)  Subclause (2) does not apply to the Chimney or the Bunker building.

(4)  The Council shall not consent to an application for the use of an area in a building for the purpose of commercial premises if the area concerned in the application exceeds 200 sq metres, or for the purpose of shops if the area concerned in the application exceeds 300 sq metres.

(5)  In this clause, craft workshop means a place where art works or craft works are created or manufactured, exhibited and sold.

17A Controls in Zone No 2 (f)

(1)  This clause applies to land in the McMahons Point (Residential/Light Industrial Zone.

(2)  The Council shall not consent to the erection of a building on land to which this clause applies where:

(a)  the floor space ratio of light industrial development exceeds 1:1,

(b)  the floor space ratio of light industrial development which also comprises a dwelling exceeds 1:1, or

(c)  the floor space ratio of so much of the gross floor area of a building as is used for recreational facilities exceeds 0.5:1.

(3)  The Council shall not grant consent to development for the purposes of light industry unless it is satisfied that none of the following:

(a)  the processes carried on,

(b)  the transportation involved,

(c)  the hours of operation,

(d)  the machinery used,

will interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste, water, waste products, grit or oil or otherwise.

(4) 

(a)  This subclause applies to buildings erected wholly or partly for residential purposes pursuant to development consent granted after September 1980 on any land in Zone No 2 (f).

(b)  No building or part of a building to which this subclause applies shall be used for any purpose other than residential.

cl 17A: Ins 31.1.1992.

Division 3 Controls in commercial zone

18 Floor space ratios

(1)  This clause applies to the land within Zone No 3 (a) except:

(a)  the land described in Column 1 of the Table to clause 20, and

(b)  the land to which clause 61 applies.

(2)  For the purposes of this clause the land to which this clause applies shall be divided into the areas shown in Column 1 of the Table to this clause, such areas being identified on sheet 2 of the map.

(3)  A building shall not be erected in an area specified in Column 1 of the Table to this clause if the floor space ratio for all purposes other than residential would exceed the ratio shown opposite that area in Column 2 of the Table.

(4)  A building shall not be erected in an area specified in Column 1 of the Table to this clause if the floor space ratio of the building to be used for commercial premises exceeds the ratio shown opposite that area in Column 3 of the Table.

Table

Column 1	Column 2	Column 3
Area	Floor Space Ratio (Maximum)	Commercial Floor Space (Maximum)
Area 1	5:1	5:1
Area 2	4:1	4:1
Area 3	3.5:1	2:1
Area 4	3.5:1	2:1
Area 5	3.5:1	2:1
Area 6	3:1	3:1
Area 7	1.5:1	1.5:1
Area 8	1.5:1	1.5:1
Area 9	1.5:1	1:1
Area 10	1.5:1	1:1
Area 11	1.5:1	1:1
Area 12	1.5:1	0.5:1
Area 13	1.5:1	0.5:1
Area 14	1.5:1	0.5:1
Area 15	3.5:1	3.5:1
Area 16	0.72:1	0.72:1
Area 17	1.5:1	1:1

cl 18: Am 28.3.1991.

cl 18, table: Am 16.4.1992.

19 Storeys

(1)  This clause applies to the land within Zone No 3 (a) included in the area shown in Column 1 of the Table to this clause (such areas being identified on sheet 2 of the map) except:

(a)  the land described in Column 1 of the Table to clause 19A or the Table to clause 20, and

(b)  the land to which clause 61 applies.

(2)  A building shall not be erected in an area specified in Column 1 of the Table to this clause if the number of storeys measured vertically above any point at natural ground level would exceed the number specified opposite that area in Column 2 of the Table.

Table

Column 1	Column 2
Area	Storeys (Maximum)
Area 4	4
Area 5	5
Area 8	4
Area 9	3
Area 10	4
Area 11	5
Area 12	2
Area 13	3
Area 14	4
Area 17	the average of the number of storeys contained in buildings on adjoining properties in Area 17

cl 19: Am 28.3.1991; 24.4.1992.

cl 19, table: Am 16.4.1992.

19A Storeys—special provisions

(1)  This clause applies to the land in Zone No 3 (a) described in Column 1 of the Table to this clause.

(2)  A building shall not be erected on land described in Column 1 of the Table to this clause if the number of storeys measured vertically above any point specified opposite the land in Column 2 of the Table would exceed the number of storeys specified opposite the land in Column 3 of the Table.

Table

Column 1	Column 2	Column 3
Land		Storeys (maximum)
Land bounded by Northcliff, Paul, Alfred and Dind Streets, Milsons Point	Natural ground level	8
Land to the west of Cliff Street, Milsons Point	The level of Cliff Street	3
Land having frontage to the western side of Glen Street, Milsons Point	The level of Glen Street	4
103 Miller Street Lot 1 DP 537713	The level of Miller Street	3

cl 19A: Ins 16.4.1992.

cl 19A, table: Ins 16.4.1992. Am 24.4.1992.

20 Floor space—special provisions

(1)  This clause applies to the land in Zone No 3 (a) described in Column 1 of the Table to this clause.

(2)  A building shall not be erected on land described in Column 1 of the Table to this clause if the floor space ratio of the building (where indicated) exceeds the ratio shown opposite that land in Column 2 of the Table.

(3)  A building shall not be erected on land described in Column 1 of the Table to this clause if the floor space ratio of the building to be used for commercial premises (where indicated) exceeds the ratio shown opposite that land in Column 3 of the Table.

(4)  A building shall not be erected on land described in Column 1 of the Table to this clause if the gross floor area of the building to be erected exceeds the area (where indicated) shown opposite that land in Column 4 of the Table.

Table

Column 1	Column 2	Column 3	Column 4
Land	Floor Space Ratio	Commercial Floor Space (Maximum)	Maximum Gross Floor Area
65–69 Berry Street Lot 155, DP 701192	9.42:1	—	—
155–167 Miller Street SP 35644	1.22:1	—	2,710 sq m
127–151 Walker Street Lot 1, DP 738392	8.374:1	—	25,969 sq m
655 Pacific Highway Lot 1, DP 917989	5.26:1	—	—
172 Pacific Highway SP 19533	2.3:1	—	—
73–79 Mount Street Lot 100, DP 811996	11.8:1	—	—
79–81 Berry Street Lot 1, DP 628425	3.28:1	—	—
402–420 Pacific Highway Lot 1, DP 719853	2.49:1	—	—
39–41A Chandos Street Lot 8, DP 771311	5.6:1	—	—
90 Arthur Street Lot 1, DP 738262	8.86:1	—	—
32 Walker Street Lot 1, DP 795592	12.825:1	—	—
261–263 Pacific Highway Lot 51, DP 714323	2.33:1	1.53:1	—
601 Pacific Highway Lot 71, DP 749690	5.23:1	—	—
154 Pacific Highway SP 22186	3.78:1	1.54:1	—
35–37 Chandos Street Lot 7, DP 771311	5.59:1	—	—
63–67 Walker Street Lot 180, DP 800389	5.5:1	—	—
201 Miller Street Lot 1, DP 706146	11.4:1	—	—
237 Miller Street Lot A, DP 103342	3.5:1	3.5:1	—
36 Blue Street Lot 1, DP 609211	4.5:1	—	—
114–118 Miller Street Lot 22, DP 809571	5.49:1	—	—
84 Pacific Highway Lot 1, DP 228315	11.8:1	—	—
168 Pacific Highway Lot 1, DP 797747	0.8:1	—	—
99 Walker Street Lot 101, DP 748911	9.1:1	—	—
53 Berry Street Lot 1, DP 608746	6.57:1	—	—
99 Mount Street SP 20872	6.45:1	—	—
67–69 Mount Street Lot 1, DP 200724	2:1	—	—
52 Berry Street and 199 Miller Street Lots 1 and 2, DP 708306	6.5:1	—	—
196 Miller Street Lots 1 and 2, DP 734946	2.1	0.5:1	—
103 Miller Street Lot 1, DP 537713	3.5:1	—	—
261–263 Pacific Highway Lot 51, DP 714323	2.33:1	1.53:1	—
1–7 Napier Street Lots 21, 22 and 23 DP 564122 and Lot 12, DP 605732	0.6:1	—	—
74–80 Alfred Street Lot 2, DP 547912 and Lot 1, DP 499547	11.24:1	—	—
51 Mount Street Lot 1, DP 224124	3:1	—	—
81–83 Mount Street Lot 1, DP 575512	11.27:1	—	—
Land bounded by Northcliff, Paul, Alfred and Dind Streets, Milsons Point	3.5:1	1:1	—
Land to the west of Cliff Street, Milsons Point	3.5:1	1:1	—
Land to the west of Glen Street, Milsons Point	3.5:1	1:1	—

cl 20, table: Am 16.4.1992. Subst 24.4.1992. Am 20.8.1993.

21 Building height plane in Zone No 3 (a)

(1)  This clause applies to land in Zone No 3 (a) which adjoins or is adjacent to land which is within Zone No 2 (c).

(2)  A building shall not be erected on land to which this clause applies:

(a)  if any part of the building exceeds a building height plane projected at any point from any boundary of the site which adjoins land within Zone No 2 (c), or

(b)  if any part of the building exceeds a building height plane projected at any point from the mid-point of any road which separates the land from land within Zone No 2 (c).

21A Building height plane in Zone No 3 (a)—special provisions

(1)  This clause applies to the land in Zone No 3 (a) that is bounded by Northcliff, Paul, Alfred and Dind Streets, Milsons Point.

(2)  A building shall not be erected if any part of the building will exceed a building height plane projected from the western side of Northcliff Street, the southern side of Paul Street, or the eastern side of Alfred Street.

cl 21A: Ins 16.4.1992.

22 Car repair stations

The Council shall not refuse an application for a car repair station in Zone No 3 (a) or 4 (b) where:

(a)  the car repair station will be in an existing building,

(b)  the car repair station will be located in a basement, and

(c)  the gross floor area of the car repair station will not exceed 200 square metres.

23 Use of residential buildings in Zone No 3 (a)

(1)  This clause applies to buildings erected wholly or partly for residential purposes pursuant to a grant of development consent given after September 1980 on any land in Zone No 3 (a).

(2)  No building or part of a building used for residential purposes at the appointed day shall be used for any purpose other than residential.

Division 4 Reserved land

24 Reserved land—Zones Nos 9 (a) and 9 (c)

(1)  The owner of any land within Zone No 9 (a) or 9 (c) may, by notice in writing, require the Council to purchase the land.

(2)  On receipt of such a notice, the Council must purchase the land, unless the land is owned by a public authority and is held by that public authority for the purpose for which the land is reserved.

(3)  A person may, with the consent of the Council, carry out development on land within Zone No 9 (a) or 9 (c) for any purpose if the Council is satisfied that the development will not adversely affect the usefulness of the land for the purpose for which it has been reserved.

25 Reserved land—Zone No 9 (b)

(1)  The owner of any land within Zone No 9 (b)) may, by notice in writing, require the Corporation constituted by section 8 (a) of the Act, to purchase the land, unless the land is owned by a public authority and is held by that public authority for the purpose for which the land is reserved.

26 Acquisition and development of land reserved for roads—Zone No 9 (d)

Note—

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

(1)  The owner of any vacant land within Zone No 9 (d) may, by notice in writing, require:

(a)  the RTA—in the case of land that is included in a 5 year works program of the RTA current at the time of receipt of the notice, or

(b)  the Corporation—in any other case, to purchase the land.

(2)  The owner of any land within Zone No 9 (d) that is not vacant, may, by notice in writing, require the RTA to purchase the land if:

(a)  the land is included in a 5 year work program of the RTA current at the time of the receipt of the notice, or

(b)  the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(c)  the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(3)  On receipt of a notice under this clause, the RTA or the Corporation, as the case may be, must purchase the land unless the land might reasonably be required to be dedicated for public roads.

(4)  A person may, with the consent of the Council, carry out development on land within Zone No 9 (d):

(a)  for a purpose for which development may be carried out on land in an adjoining zone, or

(b)  for any purpose that is compatible with development that may be carried out on land in an adjoining zone, or

(c)  for any purpose of a temporary nature.

(5)    (Repealed)

(6)  Land required under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.

(7)  In this clause:

the Corporation means the Corporation constituted by section 8 (1) of the Act.

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings except fences or buildings ancillary to a dwelling-house, such as greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, barns, or the like.

cl 26: Am 2005 No 64, Sch 2.42 [1]; 2008 (571), Sch 3.128 [1]–[3].

Division 5 General provisions

27 Special use—roads

Notwithstanding anything in this plan to the contrary, the Council may grant consent, subject to such conditions as the Council considers appropriate, for a road or part of a road to be used for the sale of goods, merchandise and produce from barrows, stalls or other temporary structures.

28 Use of part of road for refreshment rooms

Notwithstanding any other provision of this plan, the Council may grant consent to:

(a)  the use of part of a road, adjacent to a refreshment room, for the purpose of the refreshment room, and

(b)  works, such as landscaping and minor structures, which will enable such a use.

cl 28: Subst 18.9.1998.

29 Foreshore building line

(1)  The objectives of this clause are to allow for development for the purposes of:

(a)  boatsheds and associated structures,

(b)  swimming pools and associated decking and fencing,

(c)  sea retaining walls,

(d)  barbecues, and

(e)  landscaping,

on the foreshore area, and to ensure that such development:

(f)  is in conjunction with a residential use on the same land,

(g)  does not adversely affect the scenic, environmental and cultural qualities of the foreshore,

(h)  is of a scale, colour and design that minimises the individual and cumulative visual impact, and

(i)  is in character with the locality.

(2)  In this clause, foreshore building line means a broken black line identified as a Foreshore Building Line and shown on the map. This clause applies to land between a foreshore building line and the adjacent shore of Sydney Harbour or Middle Harbour.

(3)  Development, on the land to which this clause applies, other than for the purposes of:

(a)  boatsheds and associated jetties, landings and slips,

(b)  swimming pools and associated decking and fencing,

(c)  sea retaining walls,

(d)  barbecues, and

(e)  landscaping,

is prohibited.

(4)  The Council must not consent to development for the purposes of:

(a)  a boatshed, and its associated structures, if:

(i)  the height of the boatshed, measured from the lowest point of the building to its highest point, exceeds 3 metres, or

(ii)  the boatshed contains habitable rooms, or

(b)  a swimming pool and any associated decking and equipment, if any part of the proposed pool will protrude more than 500mm above existing ground level.

(5)  In determining an application for consent for any development involving a structure on the land to which this clause applies, the Council must consider the bulk, appearance and use of the proposed structure and must be satisfied that:

(a)  there will be no adverse impact on the scenic, environmental and cultural qualities of the site and its locality, and

(b)  that the development is in character with the locality.

cl 29: Subst 2.10.1998.

30 Dedication of foreshore land for open space purposes

Nothing in this plan prevents the Council from requiring the dedication of foreshore land for open space purposes as a condition of development of foreshore land.

31 Balcony enclosures

No development consent shall be required for balcony enclosures except where the building is on land in a conservation area or listed in Schedule 2.

32 (Repealed)

cl 32: Rep 2008 (571), Sch 3.128 [4].

33 Community use of schools etc

Notwithstanding any other provision of this plan, the Council may consent to:

(a)  the community use of the facilities and sites of schools, colleges and other educational establishments,

(b)  the commercial operation of those facilities and sites, and

(c)  the carrying out of development for community uses on land used for the purposes of schools, colleges or other educational establishments, whether or not the development is ancillary to any such purpose.

34 Certain buildings in Zone No 2 (d)

(1)  This clause applies to buildings erected at the appointed day on land in Zone No 2 (d), being:

No 141 Alexander Street, Crows Nest.

No 19 Ben Boyd Road, Neutral Bay.

No 21 Ben Boyd Road, Neutral Bay.

No 23 Ben Boyd Road, Neutral Bay.

No 70 Ben Boyd Road, Neutral Bay.

No 158 Ben Boyd Road, Neutral Bay.

No 79 Burlington Street, Crows Nest.

No 6 Carter Street, Cammeray.

No 8 Carter Street, Cammeray.

No 132 Ernest Street, Crows Nest.

No 98 Falcon Street, Crows Nest.

No 123 Falcon Street, Crows Nest.

No 125 Falcon Street, Crows Nest.

No 125b Falcon Street, Crows Nest.

No 2 Military Road, Neutral Bay.

No 247–253 Miller Street, North Sydney.

No 69–71 Palmer Street, Cammeray.

No 60 West Street, Crows Nest.

No 62 West Street, Crows Nest.

No 64 West Street, Crows Nest.

No 82 West Street, Crows Nest.

No 84 West Street, Crows Nest.

No 86–88 West Street, Crows Nest.

No 218 West Street, Crows Nest.

No 220 West Street, Crows Nest.

No 236 West Street, Crows Nest.

No 284 West Street, Crows Nest.

No 63 West Street, Crows Nest.

No 65 West Street, Crows Nest.

No 87–89 West Street, Crows Nest.

No 89A West Street, Crows Nest.

No 107 West Street, Crows Nest.

(2)  Subject to this clause, nothing in this plan prohibits the use, with the consent of the Council, of a building to which this clause applies for the purpose of commercial premises or light industry.

(3)  A consent referred to in subclause (2) shall not be given unless, in the opinion of the Council:

(a)  the amenity of the locality will not be adversely affected by the use of the building in accordance with the consent,

(b)  satisfactory provision has been made for off-street parking, and

(c)  the building, by reason of its design or physical features, is not suitable for conversion to residential premises.

(4)  Where a building is to be used in accordance with a consent referred to in subclause (2):

(a)  the net floor space to be so used shall not exceed 100 sq metres, and

(b)  the gross floor space to be so used shall not be increased, except by any minor additions approved in terms of the consent.

cl 34: Am 6.3.1992.

34A Outdoor advertisements which do not require development consent

(1)  The following advertisements are permitted without the consent of the Council:

(a)  advertisements within a site or premises which are not visible from any public or private place outside that site or premises,

(b)  real estate signs,

(c)  temporary signs,

(d)  community notice signs, and

(e)  business identification signs, but only if:

(i)  such signs are not erected on a heritage item, and

(ii)  such signs do not exceed 450 mm in length and 300 mm in height.

(2)  Consent is not required from the Council for the erection of the following advertisements on a site of land within Zone No 2 (d), 2 (f), 3 (a) or 4 (b):

(a)  advertisements behind the glass line of a shop window at ground level,

(b)  one fascia sign, which does not project above or below the fascia or return ends of the awnings and is flush with the fascia,

(c)  one top hamper sign, which does not extend below the head of the doorway or windows to which it is attached and does not extend more than 200 mm beyond any building alignment,

(d)  one under awning sign, which does not project beyond the awning, is erected horizontal to the ground, is not less than 2.6 m from the ground, and has a maximum length of 2.5 m and a maximum height of 0.5 m.

Consent is also not required for a change in message to an advertisement that has previously been allowed by the Council.

(3)  Notwithstanding any other provisions of this plan, the consent of the Council is required for the erection of:

(a)  any new illuminated advertisement, and

(b)  any advertisement erected on a heritage item or within a heritage conservation area.

cl 34A: Ins 19.12.1997.

34B Telecommunications facilities

Despite any other provision of this plan, development for the purpose of the following may be carried out on land to which this plan applies:

(a)  without the consent of the Council:

(i)  Classification 1 low-impact telecommunications facilities specified in Schedule 8, when carried out on land in a zone of a kind so specified for the facility,

(ii)  Classification 2 low-impact telecommunications facilities specified in Schedule 8, when carried out on land in a zone of a kind so specified for the facility—but not on land within a conservation area, land that is the site of heritage item or land adjoining or adjacent to such a site,

(b)  only with the consent of the Council:

(i)  Classification 2 low-impact telecommunications facilities specified in Schedule 8, when carried out on land in a zone of a kind so specified for the facility, being land within a conservation area, land that is the site of heritage item or land adjoining or adjacent to such a site,

(ii)  telecommunications facilities that are of a kind that is not specified in Schedule 8 or, if of such a kind, that exceed the dimensions or other requirements for low-impact telecommunications facilities specified in the Telecommunications (Low-impact facilities) Determination 1997 of the Commonwealth and in Schedule 8.

cl 34B: Ins 24.12.1998.

Part 4

35–41   (Repealed)

pt 4 (cll 35–41): Rep 1.6.2001.

Part 5 Particular provisions

42 The Civic Centre

(1)  This clause applies to the land generally bounded by Miller, McLaren, West and Ridge Streets, North Sydney, and known as “the Civic Centre”, zoned as “Special Uses Civic Centre” on the map.

(2)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for the following purposes:

car parking; child care centres; commercial premises; dwelling-houses; educational establishments; hotels; places of assembly; place of public worship; public buildings; refreshment rooms; residential buildings; shops; transport terminals.

(3)  In deciding whether to grant consent for development for the purposes of commercial premises and shops under this clause, the Council must consider the capacity of the North Sydney sub-regional centre to accommodate the proposed development.

(4)    (Repealed)

cl 42: Am 2008 (571), Sch 3.128 [5].

42A Civic Centre—Open Space

(1)  This clause applies to the land generally bounded by Stanton Library, North Sydney Leisure Centre, St Thomas Church, Council Chambers carpark, the Council Chambers and Miller Street, North Sydney as shown edged heavy black on the map marked North Sydney Local Environmental Plan 1989 (Amendment No 47) deposited in the office of the Council.

(2)  Notwithstanding anything in this plan to the contrary, the Council may grant consent, subject to such conditions as the Council considers appropriate, for the sale of goods, merchandise and produce from barrows, stalls or other temporary structures, entertainment, and information displays on the land to which this plan applies.

cl 42A: Ins 18.7.1997.

43 Development of certain land—St Leonards Park

(1)  This clause applies to land known as St Leonards Park, North Sydney and the roadway along Miller Street adjacent to Oval No 1.

(2)  Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Advertisements; car parking; child care centres and kindergartens; clubs; commercial premises; council and community facilities; educational establishments; landscaping; public buildings; recreational and sporting facilities; refreshment rooms; shops; taverns; uses and structures ancillary and incidental to any sporting activity carried out on the land (including television towers); utility installations.

(3)  Notwithstanding any other provision of this plan, commercial premises and shops shall be contained within sports grandstand structures on the land to which this clause applies and the gross floor area of those commercial premises and shops shall not exceed 2,000 sq metres.

cl 43: Am 19.12.1997.

43A Mount Street Plaza

(1)  This clause applies to the land known as Mount Street Plaza, being part of Mount Street within zone No 6 (a) shown edged in heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 44)”.

(2)  Notwithstanding anything in this plan to the contrary, the Council may grant consent for the sale of goods, merchandise and produce from barrows, stalls or other temporary structures, and for seating for patrons of food outlets, on the land to which this clause applies.

cl 43A: Ins 20.6.1997.

44 Hume Street carpark

(1)  This clause applies to land bounded by Hume Street, Clarke Street, Oxley Street and Pole Lane at Crows Nest and including part of the surrounding roadways, commonly known as “The Hume Street Car Park”.

(2)  Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Car parking; child care centres; commercial premises; dwelling houses; open space and landscaping; public buildings; recreational facilities; refreshment rooms; residential flat buildings; retail shops; utility installations (other than gas holders or generating works).

(3) 

(a)  The gross floor area of any building erected on the land to which this clause applies shall not exceed 472 sq metres.

(b)  The height of any building erected on the Hume Street car park shall not exceed 25 metres measured vertically at any point above natural ground level.

45 Alexander Street carpark

(1)  This clause applies to land situated in the Municipality of North Sydney having frontage to Alexander and Burlington Streets, Crows Nest, being lots 9–12, section 4, DP 1265, and known as “The Alexander Street Carpark”.

(2)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Advertisements; car parking; child care centres and kindergartens; commercial premises; Council and community facilities; educational establishments; landscaping; public buildings; professional consulting rooms; recreational and sporting facilities; refreshment rooms; utility installations; sandwich and take-away foods shops.

cll 45–47: Am 19.12.1997.

46 Nicholson Street carpark

(1)  This clause applies to the land situated in the Municipality of North Sydney, having frontage to Nicholson Street, Crows Nest, and known as “The Nicholson Street Carpark”.

(2)  Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Advertisements; car parking; child care centres and kindergartens; commercial premises; council and community facilities; dwellings; educational establishments; housing for aged or disabled persons; landscaping; professional consulting rooms; public buildings; recreational and sporting facilities; refreshment rooms; sandwich and take-away food shops; shops; utility installations (other then gas holders or generating works).

(3)  The Council shall not consent to the erection, alteration or extension of a building on the land to which this clause applies unless:

(a)  the building when erected, altered or extended will not have such a height that it extends more than 5 floors above the street level of Nicholson Street,

(b)  the lowest 2 floors of the building may be used as a car parking station and the other floors of the building will be used for the provision of residential accommodation, and

(c)  the floor space ratio of the building to the area of the land will not be greater than 1.25:1.

(4)  For the purposes of subclause (3) the floor space ratio of the building to the area of the land shall be calculated without regard to areas used for the purposes of car parking, child care centres and kindergartens, council and community facilities, educational establishments, landscaping, public buildings, recreational facilities and utility installations.

cll 45–47: Am 19.12.1997.

47 Holtermann Street carpark

(1)  This clause applies to land bounded by Holtermann Street, Zig Zag and Willoughby Lanes and Council’s Crows Nest Community Centre and known as “The Holtermann Street Carpark”.

(2)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for any of the following purposes:

Advertisements; car parking; child care centres and kindergartens; clubs; commercial premises; council and community facilities; educational establishments; landscaping; professional consulting rooms; public buildings; recreational and sporting facilities; refreshment rooms; sandwich and take-away food shops; utility installations other than gas holders and generating works.

cll 45–47: Am 19.12.1997.

48 Crows Nest Community Centre

(1)  This clause applies to the land situated in the Municipality of North Sydney bounded by Ernest Street, Willoughby Lane, Hospital Lane and that portion of Zig Zag Lane between Hospital Lane and Ernest Street, and known as the “Crows Nest Community Centre”.

(2)  Subject to subclause (3), nothing in this plan prevents a person with the consent of the Council, from carrying out development on the land to which this clause applies for the following purposes:

Caretaker’s dwelling; child care centres; commercial offices; open space; places of assembly; professional consulting rooms; public buildings; refreshment rooms; roads; shops not exceeding 50 sq metres each; welfare facilities; utility installations other than gas holders or generating works.

(3)  The Council shall not consent to the erection of a building on the land to which this clause applies where:

(a)  the floor space ratio of the building exceeds 1.6:1,

(b)  the building when erected will have a height that extends more than 4 habitable floors above the pavement level of Ernest Street, or

(c)  provision is not made for linking the building with the car park structure to the north of the land.

49 Sails restaurant

(1)  This clause applies to land zoned residential 2 (d) in Henry Lawson Drive and adjacent to McMahons Point Wharf and known as “Sails” restaurant.

(2)  The floor space ratio of any development on the land to which this clause applies shall not exceed 0.75:1.

(3)  A person shall not erect a building on land to which this clause applies having more than one storey vertically above any point at natural ground level.

50 21–23 William Street, North Sydney

(1)  This clause applies to 21–23 William Street, North Sydney.

(2)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for the purpose of providing underground commercial car parking facilities.

51 Pacific Highway, West, Church and McLaren Streets

(1)  This clause applies to land situated in the Municipality of North Sydney having frontage to:

(a)  the Pacific Highway between McLaren and West Streets, North Sydney, being lots A and B, DP 69777, lots 4 and 5, DP 82821, lots 6, 7, 8 and 9. DP 86869 and lot 1, DP 69972, and known as 253–269 Pacific Highway, North Sydney,

(b)  McLaren Street, North Sydney, being part lot 11, DP 61077, and known as 6–8 McLaren Street, North Sydney, and

(c)  Church Street, North Sydney, being lot 1, D.P. 78417, and known as 12 Church Street, North Sydney.

(2)  Subclauses (3)–(5) apply notwithstanding anything to the contrary in this plan.

(3)  The Council shall not consent to the development of land referred to in subclause (1) (a) unless:

(a)  except as provided by paragraph (b), the floor space ratio of any building to be used for commercial purposes will not exceed 1.25:1,

(b)  where the development includes a residential component, the floor space ratio referred to in paragraph (a) will not exceed 1.75:1,

(c)  except as provided in paragraph (d), the height of any building proposed to be erected shall not exceed 2 floors or levels above the Pacific Highway frontage level, and

(d)  where the development includes a residential component, the height of any building proposed to be erected will not exceed three floors or levels, the third level of which will be an attic floor contained within the roof space.

(4)  Land referred to in subclause (1) (b) may be developed. with the consent of the Council, for the purposes of mixed commercial and residential uses but the Council shall not consent to the demolition of the existing buildings on that land.

(5)  Land referred to subclause (1) (c) may be developed with the consent of the Council for the purposes of:

(a)  a single dwelling house, or

(b)  a residential flat building or attached dwelling house not exceeding two residential floors (excluding any attic) in height at any point above the adjacent street footpath level.

52 118 High Street, North Sydney—decontamination of certain land

(1)  This clause applies to land at North Sydney, being lot 2, DP 229314, Certificate of Title volume 10646, folio 50, and known as 118 High Street, North Sydney.

(2)  The Council shall not consent to the erection of a building on land to which this clause applies unless, in the opinion of the Council, adequate measures have been taken to ensure the decontamination of the land including the safe removal of residues from previous gas manufacture and storage processes.

53 42 McDougall Street and 14 Hipwood Street, Kirribilli

(1)  This clause applies to land known as No 42 McDougall Street and No 14 Hipwood Street, Kirribilli.

(2)  Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purposes of a car parking station.

54 South east corner of Lavender Street and Blues Point Road, McMahons Point

(1)  This clause applies to the ground floor of the remaining building on land at the corner of Lavender Street and Blues Point Road, McMahons Point.

(2)  Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purposes of professional consulting rooms.

55 19–21 Hayes Street, Neutral Bay

(1)  This clause applies to land at 19–21 Hayes Street, Neutral Bay, and known as the former Neutral Bay Post Office.

(2)  Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purpose of providing commercial offices within the existing building (formerly the Neutral Bay Post Office) and for car parking and landscaping.

(3)  The Council shall not consent to the alteration of or addition to the existing building where the floor space ratio of the building as so altered or added to would exceed a ratio of 0.45:1 unless the Council is satisfied that:

(a)  any such alteration or addition is in character, scale and harmony with the existing building, and

(b)  adequate landscaping and car parking is to be provided.

56 196 and 196A Miller Street, North Sydney

(1)  This clause applies to the land being lot 1 and lot 2 in DP 734946, and known as 196A and 196 Miller Street, North Sydney, situated on the south western corner of Miller and McLaren Streets, North Sydney.

(2)  Notwithstanding any other provision of this plan no building erected or to be erected on lot 1, DP 734946, shall have a gross floor area exceeding 141 sq metres.

(3)  Notwithstanding any other provision of this plan, the floor space ratio of any building erected or to be erected on lot 2, DP 734946, shall not exceed 0.67:1.

(4)  Notwithstanding any other provision of this plan, no building erected or to be erected on lot 2, DP 734946 shall be used for commercial purposes.

57 7–17 William Street, North Sydney

(1)  This clause applies to 7–17 William Street, North Sydney.

(2)  Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out development on the land to which this clause applies for the following purposes:

Boarding houses; child care centres; commercial premises; educational establishments; hospitals; open space; places of public worship; professional consulting rooms; residential flat buildings; refreshment rooms; serviced apartments; shops; utility installations (other than gas holders of generating works).

(3)  The Council shall not consent to the erection of a building on land to which this plan applies where:

(a)  in the case of a residential flat building or boarding house—the floor space ratio of the building exceeds 3:1, or

(b)  in any other case—the floor space ratio of the building exceeds 2:1, or

(c)  the ratio of floor space of any part of the building used for the purpose of commercial premises, refreshment rooms or shops exceeds 0.31:1, or

(d)  the height of the building measured vertically from existing ground level exceeds 28 metres or 8 storeys whichever is the lesser.

(3)  Nothing in this plan prevents a person, with the consent of the Council, from using the land to which this clause applies for the purpose of parking and servicing any approved development that is being carried out at 50 Miller Street, North Sydney.

58 Corner of MacKenzie and Walker Streets, North Sydney

(1)  This clause applies to land situated at the corner of MacKenzie and Walker Streets, North Sydney, being Lot 1, DP 527890, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 2)”.

(2)  Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for carparking purposes (not being carparking for which a charge is made).

(3)  The Council shall not consent to the erection of a building or buildings on land to which this clause applies if the number of parking spaces (excluding residential parking spaces) on the land will exceed 50.

cl 58: Ins 6.7.1990.

59 267–283 Miller Street, North Sydney

(1)  This clause applies to the land known as 267–283 Miller Street, North Sydney, being:

•  Lots 1 and 2 in DP 781665 and Lot 1 in DP 385777 (known as No 267 Miller Street),

•  Lot 1 in DP 362684 (known as No 269 Miller Street and currently occupied by the Independent Theatre), and

•  Lot 1 in DP 600825 and the public road vested in the Council and adjacent to Lot 1 in DP 600825 (known as 283 Miller Street).

(2)  A person may, with the consent of the Council, carry out development on the land known as No 267 Miller Street for the following additional purposes:

refreshment rooms; shops not exceeding 100 square metres in floor area,

as long as the floor space ratio of so much of the gross floor area of any building or buildings on that land as is used for the purposes of shops or refreshment rooms, or both, will not exceed 0.5:1.

(3)  A person may, with the consent of the Council, carry out development on the land known as Nos 269–283 Miller Street for the following additional purposes:

hotel; recreation facilities.

(4)  The Council is not to grant consent, after the expiration of a period of 2 years from the date on which North Sydney Local Environmental Plan 1989 (Amendment No 5) took effect, to the carrying out of development in accordance with subclause (2) or (3).

(5)  The Council is not to grant consent to the carrying out of development on land to which this clause applies in accordance with subclause (2) or (3) unless:

(a)  the proposed development is to be carried out contemporaneously with the conservation and refurbishment of the Independent Theatre,

(b)  it is satisfied that the proposed development will facilitate the conservation and refurbishment of the Independent Theatre,

(c)  each building proposed to be erected will contain not more than 5 storeys measured vertically above natural ground level at the Miller Street frontage of that land, and

(d)  no part of any building proposed to be erected will exceed a building height plane projected from the centre-line of Miller Street, Ridge Street or Elliott Street, or from the boundary between 263 and 265 Miller Street.

cl 59: Ins 30.11.1990.

60 Elliott Street, North Sydney

(1)  This clause applies to land in Elliott Street adjoining No 269 Miller Street in North Sydney, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 6)”.

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

(3)  Notwithstanding any other provision of this plan, the Council shall not consent to development on land to which this clause applies if any proposed building exceeds the building height plane at any point measured from the centre of Elliott Street.

cl 60: Ins 22.3.1991.

61 Site No 1, Mater Hospital, 194 Pacific Highway, Crows Nest

(1)  This clause applies to the land within the Municipality of North Sydney being Lots 15, 16, 17, 18, 19, 20, 22, 23, 24 and 27, Section 1, DP 1649; Lots 1 and 2, DP 218642 and Part Portion 323, Volume 4527, Folio 18, known as Site No 1, Mater Hospital, 194 Pacific Highway, Crows Nest, and shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 10)”.

(2)  In this clause:

(a)  floor space ratio, in relation to a building, means the ratio of the gross floor area of the building to the area of the whole of the land to which this clause applies,

(b)  Medical Centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical and surgical treatment and counselling) and includes facilities for medical teaching and training.

(3)  The Council shall not consent to the erection of a building or buildings on land to which this clause applies where:

(a)  the floor space ratio will exceed 2.5:1,

(b)  the floor space ratio of so much of the gross floor area of any building or buildings on that land as is to be used for Medical Centre purposes will exceed 1:1,

(c)  the floor space ratio of so much of the gross floor area of any building or buildings on that land as is to be used for other non-residential purposes will exceed 1:1,

(d)  the gross floor area of any shop or showroom will exceed 120 square metres,

(e)  the maximum height of any building will exceed a reduced level of 117.1 metres AHD, or

(f)  the number of storeys will exceed 6.

(4)  The Council shall not grant consent to the erection of a building or buildings on the land to which this clause applies unless it is satisfied that adequate water and sewerage services are available.

cl 61: Ins 28.3.1991.

62 243–265 Miller Street, North Sydney

(1)  This clause applies to the land known as 243–265 Miller Street as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 11)”.

(2)  Notwithstanding any other provision of this plan, the Council may consent to the erection of a building or buildings on the land to which this clause applies if:

(a)  each building will contain not more than 2 storeys measured vertically above natural ground level at the Miller Street frontage of that land,

(b)  no part of the building or buildings will exceed any building height plane projected from any point along a boundary of a site on the land to which this clause applies,

(c)  the floor space ratio of so much of the gross floor area of the building or buildings as is to be used for any purpose, other than attached dwellings, infill development, dwelling-houses or residential flat buildings, will not exceed 0.5:1, and

(d)  the gross floor area of any shop will not exceed 100 square metres.

cl 62: Ins 11.10.1991.

63 52 and 54 High Street, North Sydney

(1)  This clause applies to the ground floor premises of buildings situated on Lots A and B, DP 420585 and Lot 3, DP 421112 known as 52 and 54 High Street, North Sydney as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 19)” deposited in the office of the Council.

(2)  Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development in the ground floor premises to which this clause applies for the following purposes:

advertisements; art and craft galleries; barbers’ shops and beauty salons; boot and shoe repairing; commercial offices limited to a maximum nett floor area of 100 m² excluding real estate offices, serviced apartment offices and the like; dressmaking; dry-cleaning agencies; framing; hairdressing salons; lending libraries; owner-operated travel agencies; photographic studios; post offices; professional consulting rooms; self-service coin-operated laundries; shops; take-away food shops; tea and coffee shops; tailoring; totalizator agency board offices; trade or craft workshops.

cl 63: Ins 31.1.1992.

64 6 Warung Street, McMahons Point

(1)  This clause applies to land being Lot C, DP 338032 known as 6 Warung Street, McMahons Point, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 15)” deposited in the office of the Council of the Municipality of North Sydney.

(2)  Notwithstanding any other provision of this plan a person may, with the consent of the Council, carry out development on the land to which this clause applies to adapt the dwelling existing on that land when North Sydney Local Environmental Plan 1989 (Amendment No 15) commenced, to a residential flat building.

cl 64: Ins 4.10.1991.

65 1 Amherst Street, Cammeray

(1)  This clause applies to land, being Lots 2 and 3 DP 259929 known as 1 Amherst Street, Cammeray, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 31)”.

(2)  Notwithstanding the provisions of clause 14A, a person may, with the consent of the Council, develop land to which this clause applies for the purpose of a residential flat building.

cl 65: Ins 2.7.1993.

66 34 McLaren Street, North Sydney

(1)  This clause applies to the land known as 34 McLaren Street, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 26)”.

(2)  A person may, with the consent of the Council, carry out development on the land for the purposes of professional consulting rooms for a period which expires no later than 10 years from the date on which North Sydney Local Environmental Plan 1989 (Amendment No 26) took effect.

cl 66: Ins 7.1.1994.

66A Residential flat development—59 Wycombe Road, Neutral Bay

(1)  This cause applies to land, being Lot 1, DP 74149, and known as 59 Wycombe Road, Neutral Bay, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 53)”.

(2)  Notwithstanding clause 14A, development for the purpose of a residential flat building, on the land to which this clause applies, may be carried out with the consent of the Council.

cl 66A: Ins 22.5.1998.

67 58–68 Milray Avenue, Wollstonecraft

(1)  This clause applies to that part of the land known as 58–68 Milray Avenue, Wollstonecraft which is below the cliff line as shown on Council’s Department of Engineering Plan 5428 of 22 January 1980.

(2)  Development may be carried out on the land to which this clause applies only if the development:

(a)  involves the carrying out of works for the purposes of landscaping, gardening or bushfire hazard control, and

(b)  does not involve the erection of a building.

cl 67: Ins 8.7.1994.

68 16–18 Munro Street, North Sydney

(1)  This clause applies to the land known as 16–18 Munro Street, North Sydney.

(2)  The aims of this clause are to:

(a)  maintain evidence of the maritime history of the locality and the site itself, and

(b)  ensure remediation of the site to the extent necessary for permissible development.

(3)  The Council shall not grant consent to the carrying out of development on land to which this clause applies unless:

(a)  remediation of land has been carried out in accordance with guidelines, protocols or standards known the Council to have been published by the Environment Protection Authority or Department of Urban Affairs and Planning, or both and which are relevant to remediation procedures, the type of contamination on the land or the type of use to which the land has been, is or is proposed to be, put; and,

(b)  a report providing details of any remediation of the land, has been submitted to the Council by an Environmental consultant with expertise in dealing with contaminated land, and

(c)  an independent review of the remediation works has been submitted to the Council by an accredited contaminated land auditor recognised by the Environment Protection Authority confirming the land has been remediated to an appropriate standard.

(4)  Despite any other provision of this plan, waterfront activities, such as the maintenance or storage of small boats, and the facilities to enable this activity (such as slipways and boatsheds) are permitted with the consent of the Council on the land to which this clause applies.

(5)  Nothing in subclause (3) prevents remediation of the land and the works required by subclause (3) (a) from being carried out with the consent of the Council.

(6)  In this clause:

appropriate standard means remediation to a standard appropriate for the intended use in terms of the requirements of the Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites, jointly developed by the Australian and New Zealand Environment and Conservation Council (ANZECC) and the National Health and Medical Research Council (NH&MRC), published in 1992.

independent review means the checking of adherence to standards, procedures and protocols employed in a remediation process and the expression of an opinion on the conclusions reached in that process by a party who is independent of the person who is carrying out the remediation, or on whose behalf the remediation is being carried out.

cl 68: Ins 3.10.1997.

69 Bays 24–44 Ennis Road, Kirribilli

(1)  This clause applies to the cubic spaces which comprise Bays 24–44, Ennis Road, Kirribilli, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 39)”.

(2)  Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on the land to which this clause applies for those purposes permissible within Zone No 2 (d) the Residential/Neighbourhood Shops zone.

cl 69: Ins 24.5.1996.

cl 69: Ins 8.11.1996.

69 17–19 Wycombe Road, Neutral Bay—erection of residential flat buildings

(1)  This clause applies to land known as 17–19 Wycombe Road, Neutral Bay, being Lot 1, DP 80369, Lots A and B, DP 102375, part Lots 27 and 28, DP 3183 and Crown Grant No 1050, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 41)”.

(2)  Despite clause 14A (1), a person may, with the consent of the Council, develop land to which this clause applies for the purpose of residential flat buildings.

(3)  Nothing in clause 14A (2) prevents the refurbishment of buildings on the land to which this clause applies at the time North Sydney Local Environmental Plan 1989 (Amendment No 41) took effect.

71 Classification or reclassification of public land as operational land

(1)  The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except for:

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

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

(3)  Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 4 was made, the Governor approved of subclauses (2) and (4) applying to the land.

(4)  In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 4, is the local environmental plan cited at the end of the description of the parcel.

(5)  Land described in Part 1 of Schedule 4 is not affected by the amendments made by the Local Government (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

cl 71: Ins 24.4.1997. Am 13.10.2000.

72 Luna Park land having frontage to Glen Street

(1)  This clause applies to the land as shown hatched in black stripes on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 54)” deposited in the office of the Council of North Sydney.

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

car parks (to be used only in conjunction with Luna Park and the North Sydney Olympic Pool), commercial premises, hotels and shops.

(3)  The relevant controls (except clause 19A) that apply to land within Zone No 3 (a) apply to the carrying out of development pursuant to this clause on the land to which this clause applies as if the land were in that zone and not within Zone No 5 (d).

(4)  A building shall not be erected on land to which this clause applies and described in Column 1 of the Table to this clause, if the number of storeys measured vertically above any level, specified opposite the land in Column 2 of the Table, would exceed the number of storeys specified opposite the land in Column 3 of the Table.

Table

Column 1	Column 2	Column 3
Land	Level	Storeys (maximum)
Land having frontage to the western side of Glen Street, Milsons Point	The level of Glen Street	4

cl 72: Ins 23.10.1998.

73 Former BP Site, Coal Loader Site and Caltex Site, Balls Head

(1)  This clause applies to the land known immediately before the commencement of this clause as the Former BP Site, Coal Loader Site and Caltex Site, Balls Head.

(2)  The Council may grant consent to the use of a heritage item, being the Coal Loader and its site, even if the granting of that consent would otherwise be prohibited by this plan or by Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, if it is satisfied that:

(a)  the proposed use is compatible with the item and its site and would not adversely affect its heritage significance, and

(b)  the proposed use is compatible with the predominant uses in the locality and would not adversely affect the amenity of the neighbourhood or the quality of the environment, and

(c)  the conservation of the heritage item depends upon the granting of the consent.

(3)  The Council must not grant consent pursuant to sub-clause 2, unless it has considered a conservation plan for the heritage item.

(4)  The Council must not consent to the erection of a building on the BP freehold land if the proposed development will, in its opinion, result in significant loss of views from surrounding properties and public spaces, including roads, laneways and parkland.

(5)  Nothing in this clause affects the application of State Environmental Planning Policy No 55—Remediation of Land to the land to which this clause applies.

cl 73: Ins 5.3.1999. Am 2005 (590), Sch 5.9.

74 North Sydney CBD—residential prohibition

(1)  This clause applies to land within the North Sydney CBD, as shown hatched on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 66)”.

(2)  Despite any other provision of this plan, the Council must not consent to development of land to which this clause applies for the purpose of attached dwellings, boarding houses, dwellings, dwelling-houses or residential flat buildings.

(3)  This clause ceases to have effect at the end of the period of 2 years commencing on the day on which North Sydney Local Environmental Plan 1989 (Amendment No 66) was gazetted.

cll 74: Ins 6.8.1999. Subst 22.2.2002.

75 North Sydney CBD—floor space ratios

(1)  This clause applies to land within the North Sydney CBD, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 1989 (Amendment No 61)”, except as provided by subclause (2).

(2)  This clause does not apply to land shown hatched on that map or the following land:

(a)  52 Berry Street, Lot 2, DP 708306,

(b)  196 Miller Street, Lots 1 and 2, DP 734946,

(c)  199 Miller Street, Lot, 1, DP 708306,

(d)  201 Miller Street, Lot 1, DP 706146,

(e)  1–7 Napier Street, Lots 21, 22 and 23, DP 564122 and Lot 12, DP 605372,

(f)  154 Pacific Highway, SP 22186,

(g)  168 Pacific Highway, Lot 1, DP 797747,

(h)  172 Pacific Highway, SP 19533.

(3)  A building must not be erected on land to which this clause applies in an area specified in Column 1 of the Table to clause 18 if the floor space ratio of the building would exceed the ratio shown opposite that area in Column 2 of the Table, regardless of the purpose or purposes for which the building will be used.

(4)  Clause 18 (3) does not apply to land to which this clause applies.

(5)  This clause ceases to have effect at the end of the period of 2 years commencing on the day on which North Sydney Local Environmental Plan 1989 (Amendment No 66) was gazetted.

cll 75: Ins 6.8.1999. Subst 22.2.2002.

Schedule 1

(Clause 4 (1))

(1) The following environmental planning instruments have been repealed: (a) the North Sydney Planning Scheme Ordinance , to the extent that it has previously applied to the land to which this plan applies, (b) Interim Development Orders Nos 1, 2, 12, 17, 19, 20, 23, 28, 38, 39, 40, 44, 45, 46, 48, 50, 53, 54, 55, 56, 57, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70—Municipality of North Sydney, (c) Local Environmental Plans Nos 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 70, 71, 72, 75, 76, 78, 79, 80 and 81—Municipality of North Sydney.

(2) (Repealed)

(3) Interim Development Order No 60—Municipality of North Sydney is amended by inserting after clause 1 the following clause: 1A Excluded land This Order does not apply to the following land: Land shown coloured on the map marked “ North Sydney Local Environmental Plan 1989 ” deposited in the office of the Council.

sch 1: Am 22.12.1989; 28.3.1991; 26.4.1991; 31.1.1992; 16.4.1992; 5.3.1999.

sch 2: Am 24.4.1992; 16.10.1992; 11.12.1992; 16.2.2001 (see also 23.2.2001). Rep 1.6.2001.

sch 3: Ins 11.12.1992. Rep 1.6.2001.

sch 4: Ins 24.4.1997. Am 28.8.1998; 23.10.1998; 13.10.2000. Rep 1.6.2001.

Schedules 2–4 (Repealed)

Schedule 5 Exempt development

(Clause 9A)

THE ERECTION OR CARRYING OUT OF ANY OF THE FOLLOWING	REQUIREMENTS
Any exempt development listed in this column	•  Complies with the “deemed-to-satisfy” conditions of the Building Code of Australia that are applicable to the relevant site •  Meets all relevant Australian Standards •  Does not contravene any valid consents that are applicable to the relevant site •  Does not obstruct drainage of the site •  Is at least 1 metre from any easement or public sewer main •  Stormwater is connected to an existing system and not redirected onto an adjoining property •  Does not require a tree to be removed •  Work does not reduce the structural integrity of the building •  All equipment is installed according to manufacturer’s specifications and by qualified tradespeople where relevant •  Meets all Workcover requirements—particularly for work involving hoarding, scaffolding, removal of lead paint and asbestos
Access ramps for the disabled	Heritage	•  Not a heritage item or on the street elevation in a conservation area
	Size	•  Maximum height 1m (above natural ground level) •  Maximum grade 1:14 and in compliance with AS 1428.1–1998—Design for access and mobility—General requirements for access—New building work
FOR ‘ADVERTISING’ SEE AFTER ‘WINDOWS’
Aerials/antennae/microwave antennae (not including satellite dishes—dealt with as separate provision)	Heritage	•  Not attached to a heritage item or adjacent to a heritage item
	Usage	•  For domestic use only •  Maximum of one per residential building
	Size	•  Maximum height 3m above roof ridge
Air conditioning/central heating/heat pump units for residential buildings	Heritage	•  Not attached to a heritage item or on the street elevation in a conservation area
	Siting	•  Attached to an external wall or ground mounted •  Behind the building line •  Minimum 1.5m from boundary
	Noise	•  Noise level does not exceed 5dBA above ambient background noise level measured at property boundary
Awnings, canopies, storm blinds	Heritage	•  Not attached to a heritage item or on the street elevation in a conservation area
	Usage	•  On residential buildings only
	Siting	•  Located wholly within property boundaries
	Size	•  Maximum area 10m2
Barbecues	Foreshore	•  Not within foreshore building line
	Siting	•  Located in rear yard •  Minimum 0.9m from property boundary
	Size	•  Maximum area 2m2 •  Maximum height 1.8m
Bed and Breakfast Accommodation	Usage	•  Involves the use of an existing lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes •  No employees other than permanent residents of the dwelling •  No display or sale of goods from the premises •  Does not require the registration of the premises under the Factories, Shops and Industries Act 1962
	Amenity	•  No interference with the amenity of the surrounding residents or neighbourhood
	Advertising	•  No display of advertisements on the premises (other than a notice or sign exhibited on that dwelling to indicate the name and occupation of the resident)
	Dwelling	•  A maximum of 3 guest bedrooms
	Type	•  A minimum of 2 bathrooms
	Fire Safety	•  Has a smoke detection system that complies with: —  AS 3786–1993—Smoke Alarms, and —  AS 3000–1991—Electrical Installations for Buildings, Structures and Premises (known as the SAA wiring rules) •  Has a fire extinguisher and fire blanket in the kitchen
	Approval	•  Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where a dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989
Bird aviaries	Foreshore	•  Not within foreshore building line
	Usage	•  Used only for domestic purposes (but not for the keeping of poultry)
	Siting	•  Located in rear yard •  Minimum 0.9m from boundary
	Size	•  Maximum area 10m2 •  Maximum height 1.8m
Cabanas, gazebos, greenhouses	Foreshore	•  Not within foreshore building line
	Usage	•  Not used as a dwelling
	Siting	•  Located in rear yard •  Minimum 0.9m from property boundary
	Size	•  Maximum area 10m2 •  Maximum height 1.8m
	Materials	•  Non-reflective surface finishes
Clothes hoist/lines	Siting	•  Located in the rear yard •  Not visible from street or public place
Decks	Heritage	•  Not a heritage item •  Behind the building line in a conservation area
	Siting	•  Side setbacks minimum 0.9m from property boundary or match those for existing dwelling, whichever is less •  Minimum 10m setback from any adjoining land in the Bushland Zone
	Size	•  Maximum area 10m2 •  Finished level not greater than 0.5m above natural ground level
	Structure	•  Uncovered
	Materials	•  Made of timber
Driveways and pathways	Heritage	•  Not a heritage item or on the street elevation in a conservation area
	Siting	•  Not over public land •  Does not require new gutter crossing
	Structure	•  Not elevated or suspended above natural ground level •  Replacement only
FENCES (other than fences required to be erected by the Swimming Pools Acts 1992):	Heritage	•  Not a heritage item or adjacent to a heritage item •  Not in a conservation area
	Foreshore	•  Not within foreshore building line
1. Boundary fences:
(a)  Front and side (between the building line and street or any other public place)	Size	•  Maximum height 1m
	Materials	•  Constructed of timber, metal or lightweight materials
(b)  Side (between the building line and the rear boundary) and rear	Size	•  Maximum height 1.8m
	Materials	•  Constructed of timber, metal or lightweight materials
2. Masonry or brick fences	Size	•  Maximum height 0.9m
	Structure	•  Constructed in accordance with: —  AS 1170Minimum design loads on structures (known as the SAA Loading Code) •  Part 1–1989 Dead and live loads and load combinations, •  Part 2–1989—Wind loads, •  Part 4–1993—Earthquake loads, —  AS 3600–1994—Concrete structures —  AS 3700–1998—Masonry structures
Flagpoles	Heritage	•  Not attached to a heritage item or adjacent to a heritage item •  Not in a conservation area
	Siting	•  Only 1 per property
	Size	•  Does not project beyond property boundaries •  Maximum flag area 1m2 •  Maximum height 6m above ground level
	Structure	•  Internal halliards •  Structurally stable and securely anchored
Garden sheds	Foreshore	•  Not within foreshore building line
	Usage	•  Only 1 per property
	Siting	•  Located in the rear yard
	Size	•  Maximum floor area 10m2 •  Maximum height 2.1m
	Structure	•  Free standing and pre-fabricated •  Structurally stable and securely anchored
	Materials	•  Non-reflective materials
Hoardings (in conjunction with a structure which is to be erected or demolished)	Usage	•  The vertical height above footpath level of the structure being erected or demolished must be less than 4m
	Siting	•  The least horizontal distance between the common boundary of the site and a footpath or public thoroughfare, and the nearest part of the structure, is to be greater than twice the height of the structure being erected or demolished •  Not to encroach onto public footway or thoroughfare
	Structure	•  Structurally stable and securely anchored
	Materials and size	•  A hoarding is to be constructed of solid materials to a height not less than 2.4m above level of the footpath or thoroughfare •  In instances where the horizontal distance between where the building is situated and the boundary is less than twice the measurement of the height of the building, other non-solid hoardings may be provided subject to appropriate signage being provided and provision being made to minimise dust from the site
	Signage	•  Appropriate signage is to be provided in accordance with AS 1319–1994—Safety signs for the occupational environment
Home occupations	Usage	•  No employees other than permanent residents of the dwelling house •  No display or sale of goods from the premises •  Does not require the registration of the premises under the Factories, Shops and Industries Act 1962
	Amenity	•  No interference with the amenity of the surrounding residents or neighbours
	Advertising	•  No display of advertisements on the premises (other than a notice or sign exhibited on that dwelling to indicate the name and occupation of the resident)
Letter box	Usage	•  Designed for use and used in conjunction with a single residential premises
	Size	•  Maximum height of 1.2m above ground level
	Structure	•  Free standing •  Structurally stable with adequate footings
	Numbering	•  Approved numbering visible from street alignment
MINOR INTERNAL ALTERATIONS:	Heritage	•  Not an alteration of a heritage item with a significant interior (as identified in Schedule 2 to North Sydney Local Environmental Plan 1989)
1. Residential Premises	Type	•  Renovation of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes •  Replacement: —  doors, —  wall, ceiling or floor linings, and —  deteriorated frame members,      with materials of equal or improved specifications •  Does not involve changes to the internal layout of the dwelling •  Does not reduce or increase area provided for light and ventilation or enclose any open area •  Does not involve the removal of decorative detailing
2. Commercial Premises	Type	•  Non-structural work such as shelving, displays, benches, partitions
	Size	•  Floor area not to exceed 100m2
	Work	•  Complies with fire safety requirements of the Building Code of Australia
Park and street furniture (seats, bins, picnic tables, minor shelters and the like, not including bus shelters)	Heritage	•  Not a heritage item •  Not in a conservation area
	Location	•  Located on land under control of Council
	Siting	•  Does not affect sight lines or restrict pedestrian movement
	Structure	•  Structurally stable and securely anchored
Patio/paving for use incidental to the use of a dwelling)	Heritage	•  Not a heritage item •  Behind the building line in a conservation area
	Siting	•  At natural ground level
	Size	•  Maximum area 20m2
	Drainage	•  Measures taken to prevent the entry of water into the dwelling
Pergola	Heritage	•  Not a heritage item or on the street elevation in a conservation area
	Type	•  Not roofed or enclosed
	Siting	•  Minimum 0.9m from property boundary
	Size	•  Maximum area 20m2 •  Maximum height 2.4m
	Structure	•  Structurally stable and securely anchored
PLAYGROUND EQUIPMENT, CUBBY HOUSES ETC:
1. If for residential use only	Siting	•  Minimum 0.9m from side property boundary •  Rear yard only
	Size	•  Maximum height 2.1m •  Maximum area 10m2
	Structure	•  Structurally stable and securely anchored
2. If for non-residential use	Type	•  Not for commercial use
	Siting	•  Minimum 3m from side property boundary
	Size	•  Maximum height 2.1m
	Structure	•  Structurally stable and securely anchored
3. On community land (as defined by the Local Government Act 1993)	Type	•  Replacing existing equipment only
Re-cladding of roofs or walls	Heritage	•  Not carried out on a heritage item or adjacent to a heritage item •  Not in a conservation area
	Type	•  Replacing existing materials with similar materials which are compatible with the existing building and finish •  Does not involve structural alterations or change to the external configuration of the building
Retaining walls	Foreshore	•  Not within the foreshore building line
	Usage	•  Retains soil at existing ground level only •  Does not restrict or alter stormwater drainage
	Size	•  Does not increase height of finished ground level •  Maximum height 0.6m
	Structure	•  Masonry walls to comply with: —  AS 1170Minimum design loads on structures (SAA Loading Code) •  Part 1–1989 Dead and live loads and load combinations, —  Amdt 1 Jan 1993 •  Part 4–1993—Earthquake loads, —  Amdt 1 Oct 1994 —  AS 3600–1994—Concrete structures —  AS 3700–1998—Masonry structures •  Timber walls to comply with: —  AS 1170Minimum design loads on structures (SAA Loading Code) •  Part 1–1989 Dead and live loads and load combinations, —  Amdt 1 Jan 1993 •  Part 4–1993—Earthquake loads, —  Amdt 1 Oct 1994 —  AS 1720Timber Structures (SAA Timber Structures Code) •  Part 1–1997 Design Methods —  Amdt 1 July 1998
Scaffolding	Heritage	•  Not on or alongside a heritage item
	Siting	•  Does not encroach onto footpath, public thoroughfare or public park •  Must enclose the work area
	Structure	•  Must comply with —  AS/NZS 1576.1–1995—Scaffolding—General requirements —  AS 1576.2–1991—Scaffolding—Couplers and accessories —  AS/NZS 1576.3–1995—Scaffolding—Prefabricated and tube-and-coupler scaffolding —  AS 1576.4–1991—Scaffolding—Suspended scaffolding —  AS/NZS 1576.5—Scaffolding—Prefabricated splitheads and trestles
Solar water heater (attached to a residential building)	Heritage	•  Not attached to a heritage item
	Foreshore	•  Not within the foreshore building line
	Siting	•  Located on rear of property •  Not visible from street, foreshores or reserves
	Structure	•  Installation must be flush with a roof alignment
Skylight/rooflight/air vent	Heritage	•  Not attached to a heritage item •  Not on the front of a building in a conservation area
	Usage	•  Not more than one installation per 25m2 of roof area
	Siting	•  Minimum 0.9m from property boundary •  Minimum 0.9m from any common wall between attached dwellings •  Minimum 1.8m from any rooflight in another building on the allotment or a detached part of the same building
	Size	•  Maximum area of skylight not to exceed 20% of the roof or part of the roof
Water heaters (excluding solar systems, which are dealt with separately in this table)	Siting	•  At ground level •  Behind building line
Water tanks	Usage	•  Maximum of one per dwelling or residential building
	Siting	•  At or above ground level •  Located in the rear yard or positioned so as not to be visible from a public place or cause impact upon a neighbour’s amenity
	Size	•  Maximum installed height 1.8m above ground level (including any stand) •  Maximum stand height 0.45m •  Maximum storage capacity of 2000 litres
	Noise	•  Pumps and overflows will not cause noise nuisance to neighbours
Replacement of windows, glazed areas, external doors	Heritage	•  Not involving a heritage item, adjacent to a heritage item or on the street elevation in a conservation area
	Size	•  Does not reduce or increase light and ventilation
	Materials	•  Replacement in residential premises with materials that comply with: —  AS 1288–1994—Glass in buildings—Selection and installation —  AS/NZS 2208–1996—Safety glazing materials in buildings (Human Impact Consideration) •  When carried out in a conservation area, replacement windows and doors match existing original windows and doors
ADVERTISING
Business identification sign (flush wall sign)	Illumination	•  Not illuminated
	Usage	•  Maximum one per site (residential building) •  Maximum two per site (non-residential use or building for which consent granted)
	Size	•  Maximum 0.45m in length and 0.3m in height
	Content	•  Sign contains only: (i)  identification of the place or premises (ii)  identification of an occupation or activities carried out at the place or premises (iii)  necessary directions or cautions relating to the place or premises (iv)  statutory notifications required or permitted to be displayed at the place or premises
Community notice sign (a notice or display by a public authority)	Content	•  Contains only a notice or display of public information giving information or directions about services provided by the authority
Fascia sign (a sign on the fascia or return end of an awning)	Illumination	•  Not-illuminated
	Usage	•  Maximum one per site
	Size	•  Does not project above or below the fascia or return end of the awning •  Is flush with the fascia
Real estate sign	Illumination	•  Not illuminated
	Size	•  No return exceeds 0.2m •  Residential premises or premises containing serviced apartments —  does not exceed 2.5m2 in total area •  Commercial/industrial premises —  does not exceed 4.5m2 in total area
	Content	•  Contains only a notice that the building or site to which it is fixed is for sale or letting
	Duration	•  Is removed no later than 14 days after letting or sale of the premises to which sign relates
Temporary sign (a sign announcing a local event—religious, educational, cultural, political, social or recreational)	Illumination	•  Not illuminated
	Content	•  Sponsors names or logos are less prominent than message
	Duration	•  Displayed no earlier than 28 days before an event •  Removed within 14 days after the event
Top hamper sign (a sign painted on or attached to the transom of a doorway or display window at the ground floor level of a building)	Illumination	•  Not illuminated
	Usage	•  Maximum one per premises
	Size	•  Does not extend below the head of the doorway or window to which it is attached •  Does not extend more than 0.2m beyond any building alignment
Under awning sign (a sign which is attached to and hangs below an awning)	Illumination	•  Not illuminated
	Usage	•  Maximum one per premises
	Siting	•  Securely fixed to awning •  Erected horizontal to the ground
	Size	•  Does not project beyond the awning •  Not less than 2.6m from the ground or footpath •  Maximum length of 2.5m •  Maximum height of 0.5m
Window sign (a sign displayed on a shop window)	Illumination	•  Not illuminated
	Usage	•  Maximum one per shop front
	Siting	•  Located on ground level facade
	Size	•  At least 50% of shop front window remains uncovered
BUSHFIRE HAZARD REDUCTION
Bushfire hazard reduction	Work	•  Work to be carried out consistently with a plan of management under the Rural Fires Act 1997
CHANGE OF USE
CHANGED USE FROM: one shop to another shop excluding food shops)	Type	•  Previous use was a lawful use
	Duration	•  Hours of operation do not extend beyond —  8am to 6pm Monday-Friday, —  8am to 5pm Saturday, —  9am to 4pm Sunday
CHANGED USE FROM: a food shop to a non-food shop	Type	•  Previous use was a lawful use
	Duration	•  No extension to hours outside existing hours of operation
CHANGED USE FROM: one office to another office	Type	•  Previous use was a lawful use
	Duration	•  No extension to hours outside existing hours of operation
FIRE UPGRADING
Fire upgrading	Heritage	•  Not in relation to a heritage item •  Not in relation to a building in a conservation area
	Type	•  Does not involve structural alterations or changes to the external configuration of the building
	Work	•  Work to be carried out in compliance with the requirements of an Order of the Council or as an approved voluntary fire safety upgrade
DEMOLITION OF BUILDING
Demolition	Heritage	•  Not of a heritage item •  Not of a building in a conservation area unless the building is identified by the Council as being intrusive to the significance of the conservation area
	Type	•  Not involving the complete demolition of a building •  Demolition of part of a building (other than a retaining wall) the erection of which would be exempt development for the purpose of this plan •  May involve demolition associated with decommissioning a building, but not involving any change to the external fabric of the building •  May involve stripping of the internal, non-structural elements only of a building for maintenance or repair purposes
	Works	•  Provision is made for erosion and sediment control in accordance with Council’s brochure “Erosion and Sediment Control for Urban Redevelopment”
RADIO TELECOMMUNICATIONS FACILITIES
Satellite dishes:	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
1. Residential Ground Mounted	Usage	•  Maximum 1 per residential building
	Siting	•  Located so as not to be visible from a public place •  A minimum of 0.9m from a property boundary
	Size	•  Maximum height 1.8m •  Maximum diameter 1m
2. Residential Roof Mounted	Usage	•  Maximum 1 per residential building
	Siting	•  Located on rear section of roof •  Not visible from public place
	Size	•  Maximum diameter 0.6m
	Materials	•  Colour and materials blend with the building
3. Commercial Ground Mounted	Usage	•  Maximum 1 installation per property
	Siting	•  Situated a minimum of 0.9m from the boundary if the adjoining property is residential
	Size	•  Maximum height of 1.8m
4. Commercial Roof Mounted	Usage	•  Maximum 1 installation per building
	Siting	•  Located wholly with property boundaries
	Size	•  Maximum diameter 2m
Subscriber connection (deployed by radio terminal, antenna or dish)	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
	Siting	•  Setback from wall roof parapet and placed central to the roof
	Size	•  Maximum diameter 1.2m
	Materials	•  Colour-matched to its background or in a colour agreed in writing between the carrier and the Council
Panel antenna	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
1. Flush mounted to existing structure	Siting	•  Setback from wall roof parapet and placed central to the roof
	Materials	•  Colour-matched to its background or in a colour agreed in writing between the carrier and the Council
2. Attached to existing structure	Siting	•  Setback from wall roof parapet and placed central to the roof
	Size	•  Maximum length 2.8m •  Does not protrude more than 3m from structure
	Materials	•  Colour-matched to its background or in a colour agreed in writing between the carrier and the Council
UNDERGROUND TELECOMMUNICATIONS FACILITIES
Pit	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
	Size	•  Maximum surface area 2m2
	Works	•  Sandstone curbing is reinstated to original state within two weeks after completion of work •  No damage to trees
Manhole	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
	Size	•  Maximum surface area 2m2
Underground equipment shelter or housing	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
	Size	•  Maximum surface area 2m2
	Works	•  Sandstone curbing is reinstated to original state within two weeks after completion of work •  No damage to trees
Underground conduit or cable:	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
1. Deployed by narrow trench	Size	•  Maximum length 150m •  Maximum width 0.15m
	Works	•  Sandstone curbing is reinstated to original state within two weeks after completion of work •  No damage to trees
2. Deployed by drill hole	Size	•  Maximum diameter 0.15m •  Minimum 0.6m below the surface
	Works	•  Sandstone curbing is reinstated to original state within two weeks after completion of work •  No damage to trees
Cable location marking post/sign	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
	Siting	•  Does not cause obstruction
PUBLIC PAY PHONES
Public pay phone instrument	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
	Usage	•  Used solely for carriage & content services •  Not designed, or fitted with devices or facilities, for other uses (such as vending) •  Not used to display advertising other than advertising related to the supply of standard telephone services
	Siting	•  Does not interrupt streetscape vista/views
EMERGENCY TELECOMMUNICATIONS FACILITIES
Temporary facility	Usage	•  Installed in an emergency to provide assistance to an emergency services organisation
	Duration	•  Is removed as soon as possible
	Works	•  The area reinstated to its original state
CO-LOCATED TELECOMMUNICATIONS FACILITIES
Conduit or cabling (co-located with an existing facility)	Heritage	•  Not involving a heritage item or adjacent to a heritage item •  Not in a conservation area
	Type	•  Laid in an existing trench or in a trench created by a developer, relevant local government authority, public utility or carrier

sch 5: Ins 4.2.2000. Am 2005 No 64, Sch 2.42 [2].

Schedule 6 Complying development

(Clause 9B)

TABLE A:   DETACHED SINGLE STOREY DWELLINGS—not in Heritage Conservation Areas

Development Categories:

•  construction of detached, single storey dwelling, or

•  alterations and single storey additions to a detached single storey dwelling, or

•  construction of carport, garage or outbuilding associated with a detached, single storey dwelling, or

•  erection of fence around a detached single storey dwelling.

Requirement:

All building work must comply with the “deemed-to-satisfy” provisions of the Building Code of Australia.

Development must not contravene any valid consents that are applicable to the relevant site.

DESIGN ELEMENT—STREETSCAPE

Standards

•  All building work is set back behind the front building line. (The front building line is defined as the line projected between the principal facades of the buildings on adjoining properties.)

•  All building work is set back by an average of the setback of the dwellings on land either side of the subject property, from the side boundary of the property, but not by less than 0.9m.

Carports and garages which are visible from a public place:

•  face the public street or access way to which they provide access, and

•  complement the design of the associated dwelling by having the same or similar roof form, materials, colours and detailing.

The street elevation of dwellings have:

•  a front door or living room window facing the street, and

•  a maximum unarticulated length of no more than 6 metres elevation facing the public street.

Alterations, additions and outbuildings visible from a public place:

•  face the public street or public access way from which they are visible, and

•  match the design of the main dwelling by having the same or similar roof form, materials, colours and detailing.

DESIGN ELEMENT—ENERGY EFFICIENCY

Standards

Dwelling achieves a minimum 3.5 Star Rating when assessed in accordance with a nationally accredited House Energy Rating Scheme (NatHERS)

DESIGN ELEMENT—BULK AND SCALE

Standards

•  Maximum roof pitch of 36 degrees for a roof visible from any public place.

•  Minimum roof pitch of 14 degrees for a roof not visible from any public place.

•  Roof openings for skylights not visible on the primary street elevation of the dwelling.

•  No increase in overshadowing to principal area of ground level private open space or habitable rooms of any adjoining properties, between the hours of 9 am and 3 pm on 21 June.

•  The external wall of any dwelling or addition is set back from the rear boundary a minimum of the average of the rear setbacks of the dwellings on land either side of the subject property, but not by less than 0.9m.

•  The eaves and roof gutter of any structure are a minimum distance from the boundary of 0.675m.

DESIGN ELEMENT—PRIVACY

Standards

•  Skylights are a minimum of 1.5m above the floor level.

If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed dwelling:

•  is offset from the edge of one window to the edge of the other by a distance of 0.5m to limit views into the adjacent window, or

•  has sill heights of at least 1.5m above floor level, or

•  has fixed obscure glazing in any part of the window below 1.5m above floor level.

DESIGN ELEMENT—SITE ACCESS AND CIRCULATION

Standards

•  No new gutter or footpath crossing is to be created.

•  The finished level of the driveway is within a maximum of 0.25m from existing ground level.

•  Driveways are a minimum of 0.5m from the side boundary.

•  Driveways are a minimum of 0.5m clear of all drainage structures on the kerb and gutter and do not interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.

•  Driveways are a minimum distance of 6m from a road intersection.

•  Car parking is provided according to Council’s development control plan.

•  Open car parking spaces, access ways and driveways are surfaced with porous materials or are graded to provide for on-site stormwater management.

DESIGN ELEMENT—WATER AND SOIL MANAGEMENT

Standards

•  The land surrounding any structure is graded and drained to divert surface water to the street and clear of existing and proposed structures and adjoining premises (no pumpouts, charged lines or on-site disposal permitted).

•  No construction over any registered easement without the approval of the body benefiting from the easement.

•  No structure is constructed within 3m of a sewer or water main without the prior approval of the relevant service authority.

•  The development must comply with an erosion and sediment control plan, which contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with Council’s brochure “Erosion and Sediment Control for Urban Development”. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the Department of Land and Water Conservation’s brochure “Preparing an Erosion and Sediment Control Plan” available from Council.

•  Minimum requirements in relation to the erosion and sediment control plan include:

•  Providing a single stabilised entry/exit point for site access.

•  Diverting run off away from disturbed areas and stockpiles towards stablilised areas using banks or channels.

•  Sediment fences being installed downslope to treat site run-off.

•  Gutter protection being used only as a precautionary measure if there is a risk of untreated run-off entering the waterways.

•  Building material stockpiles being located and managed in accordance with the guidelines.

•  As soon as the roof is complete temporary or permanent down pipes being installed for roof water drainage.

•  Dust minimisation in accordance with the guidelines.

DESIGN ELEMENT—OPEN SPACE AND LANDSCAPING

Standards

•  A minimum of 50% of the site is to be landscaped area, in accordance with this plan and the related development control plan.

•  Meets the private open space soft landscaping requirements of that development control plan.

•  Does not contravene the Council’s tree preservation order.

•  No structure to be constructed within the drip line of a tree.

TABLE B:   DETACHED SINGLE STOREY DWELLINGS—in a Heritage Conservation Area

Development Categories:

•  alterations and single storey additions behind the rear building line of a detached, single storey dwelling, not visible from a public place, or

•  construction of car spaces (not involving carports or garages).

Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia.

Development must not contravene any valid consents that are applicable to the relevant site.

DESIGN ELEMENT—STREETSCAPE

Standards

•  Car spaces are set back behind the existing front building line.

DESIGN ELEMENT—HERITAGE

Standards

•  No removal of trees, garden designs or plantings of heritage significance.

DESIGN ELEMENT—ENERGY EFFICIENCY

Standards

Dwelling achieves a minimum 3.5 Star Rating when assessed in accordance with a nationally accredited House Energy Rating Scheme (NatHERS)

DESIGN ELEMENT—BULK AND SCALE

Standards

•  Minimum roof pitch of 14 degrees for a roof not visible from any public place.

•  Roof openings for skylights not visible on the primary street elevation of the dwelling.

•  No increase in overshadowing to principal area of ground level private open space or habitable rooms of any adjoining properties, between the hours of 9 am and 3 pm on 21 June.

•  The external wall of any dwelling or addition is set back from the rear boundary a minimum of the average of the rear setbacks of the dwellings on land either side of the subject property, but not less than 0.9m.

•  The eaves and roof gutter of any structure are a minimum distance from the boundary of 0.675m.

DESIGN ELEMENT—PRIVACY

Standards

•  Skylights are a minimum of 1.5m above the floor level.

If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed dwelling:

•  is offset from the edge of one window to the edge of the other by a distance of 0.5m to limit views into the adjacent window, or

•  has sill heights of at least 1.5m above floor level, or

•  has fixed obscure glazing in any part of the window below 1.5m above floor level.

DESIGN ELEMENT—SITE ACCESS AND CIRCULATION

Standards

•  No new gutter or footpath crossings are to be created.

•  The finished level of the driveway is within a maximum of 0.25m from existing ground level.

•  Driveways are a minimum of 0.5m from the side boundary.

•  Driveways are a minimum of 0.5m clear of all drainage structures on the kerb and gutter and do not interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.

•  Driveways are a minimum distance of 6m from a road intersection.

•  Car parking is provided according to Council’s development control plan.

•  Open car parking spaces, access ways and driveways are surfaced with porous materials or are graded to provide for on-site stormwater infiltration.

DESIGN ELEMENT—WATER AND SOIL MANAGEMENT

Standards

•  The land surrounding any structure is graded and drained to divert surface water to the street and clear of existing and proposed structures and adjoining premises.

•  No construction over any registered easement without the approval of the body benefiting from the easement.

•  No structure is constructed within 3m of a sewer or water main without the prior approval of the relevant service authority.

•  The development must comply with an erosion and sediment control plan which contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with Council’s brochure “Erosion and Sediment Control for Urban Development”. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the Department of Land and Water Conservation’s brochure “Preparing an Erosion and Sediment Control Plan” available from Council.

•  Minimum requirements in relation to the erosion and sediment control plan include:

•  Providing a single stabilised entry/exit point for site access.

•  Diverting run off away from disturbed areas and stockpiles towards stablilised areas using banks or channels.

•  Sediment fences being installed downslope to treat site run-off.

•  Gutter protection being used only as a precautionary measure if there is a risk of untreated run-off entering the waterways.

•  Building material stockpiles being located and managed in accordance with the guidelines.

•  As soon as the roof is complete temporary or permanent down pipes being installed for roof water drainage.

•  Dust minimisation in accordance with the guidelines.

DESIGN ELEMENT—OPEN SPACE AND LANDSCAPING

Standards

•  A minimum of 50% of the site is to be landscaped area, in accordance with this plan and the related development control plan.

•  Meets the private open space soft landscaping requirements of that development control plan.

•  Does not contravene the Council’s Tree Preservation Order.

•  No structure to be constructed within the drip line of a tree.

TABLE C   ATTACHED DWELLINGS AND APARTMENT BUILDINGS—not in Heritage Conservation Areas

Development Category:

•  Minor alterations and additions to attached dwellings or apartment buildings, or

•  the construction of garages/carports, or

•  the erection of outbuildings associated with these residential buildings.

Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia.

Development must not contravene any valid consents that are applicable to the relevant site.

Relevant owners corporation approval has been given.

DESIGN ELEMENT—STREETSCAPE

Standards

•  All building work is set back behind the existing front building line.

•  The structure is set back at least an average of the setback of the dwellings on land, either side of the subject property, from the front boundary of the property.

•  All building work is set back by an average of the setback of the dwellings on land either side of the subject property, from the side boundary of the property, but not by less than 0.9m.

Carports and garages which are visible from a public place:

•  face the public street or access way to which they provide access, and

•  are set back behind the front building line of the building, and

•  complement the design of the associated dwelling by having the same or similar roof form, materials, colours and detailing, and

•  do not create any new gutter or footpath crossings.

Alterations, additions and outbuildings visible from a public place:

•  match the design of the main dwelling through roof form, materials, colours and detailing.

DESIGN ELEMENT—BULK AND SCALE

Standards

•  Maximum roofpitch of 36 degrees for a roof visible from any public place.

•  Minimum roof pitch of 14 degrees for a roof not visible from any public place.

•  Roof openings for skylights not visible on the primary street elevation of the dwelling.

•  No increase in overshadowing to principal area of ground level private open space or habitable rooms of any adjoining properties, between the hours of 9 am and 3 pm on 21 June.

•  The external wall of any dwelling or addition is set back from the rear boundary a minimum of the average of the rear setbacks of the dwellings on land either side of the subject property, but not by less than 0.9m.

•  The eaves and roof gutter of any structure are a minimum distance from the boundary of 0.675m.

•  No increase in the number of dwellings.

•  No increase in the floor space within any dwelling.

DESIGN ELEMENT—PRIVACY

Standards

•  Skylights are a minimum of 1.5m above the floor level.

If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed structure:

•  is offset from the edge of one window to the edge of the other by a distance of 0.5m to limit views into the adjacent window, or

•  has sill heights of at least 1.5m above floor level, or

•  has fixed obscure glazing in any part of the window below 1.5m above floor level.

DESIGN ELEMENT—WATER AND SOIL MANAGEMENT

Standards

•  The land surrounding any structure is graded to divert surface water to the street and clear of existing and proposed structures and adjoining premises.

•  No construction over any registered easement without the approval of the body benefiting from the easement.

•  No structure is constructed within 3m of a sewer or water main without the prior approval of the relevant service authority.

•  The development must comply with an erosion and sediment control plan which contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with Council’s brochure “Erosion and Sediment Control for Urban Development”. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the Department of Land and Water Conservation’s brochure “Preparing an Erosion and Sediment Control Plan” available from Council.

•  Minimum requirements in relation to the erosion and sediment control plan include:

•  Providing a single stabilised entry/exit point for site access.

•  Diverting run off away from disturbed areas and stockpiles towards stablilised areas using banks or channels.

•  Sediment fences being installed downslope to treat site run-off.

•  Gutter protection being used only as a precautionary measure if there is a risk of untreated run-off entering the waterways.

•  Building material stockpiles being located and managed in accordance with the guidelines.

•  Temporary or permanent down pipes being installed for roof water drainage as soon as the roof is complete.

•  Dust minimisation in accordance with the guidelines.

DESIGN ELEMENT—OPEN SPACE AND LANDSCAPING

Standards

•  A minimum of 50% of the site is to be landscaped area, in accordance with this plan and the related development control plan.

•  Private open space is provided in accordance with this plan and the related development control plan.

•  Does not contravene the Council’s Tree Preservation Order.

•  No structure is to be located within the drip line of a tree.

TABLE D   FITOUT WORKS TO COMMERCIAL PREMISES AND SHOPS—not in Heritage Conservation Areas

Development Category:

•  Minor alterations and internal fitout work to existing commercial premises or shops that do not change the building classification of the premises under the Building Code of Australia.

Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia.

All building work complies with the disability discrimination legislation.

Development must not contravene any valid consents that are applicable to the relevant site.

DESIGN ELEMENT—STREETSCAPE

Standards

•  All proposed works are within the existing approved envelope of the building.

•  Any new entrance faces directly to the public street or pedestrian way on the property boundary of the building.

•  The new use of the building or shop requires no increase in the provision of car spaces to comply with the Council’s development control plan.

DESIGN ELEMENT—FLOOR SPACE

Standards:

•  There is no increase in the gross floor area.

•  There is no decrease in the gross floor area used for pedestrian access paths or access to fire exits and the work complies with the requirements of the Building Code of Australia.

•  Complies with this plan with respect to floor space ratios for commercial/non-residential uses.

TABLE E   FITOUT TO ALTER A SHOP TO A FOOD SHOP—not in Heritage Conservation Areas

Development Category:

•  Minor alterations and internal fitout work to alter a shop to a food shop that does not change the building classification of the premises under the Building Code of Australia.

Requirement:

All building work complies with the “deemed-to-satisfy” provisions of the Building Code of Australia.

All building work complies with the disability discrimination legislation.

Development must not contravene any valid consents that are applicable to the relevant site.

DESIGN ELEMENT—STREETSCAPE

Standards

•  All proposed work is within the existing approved envelope of the shop.

•  Any new entrance faces directly to the public street or pedestrian way on the property boundary of the building.

•  The new use of the building or shop requires no increase in the provision of car spaces to comply with the Council’s development control plan.

DESIGN ELEMENT—FLOOR SPACE

Standards

•  There is no increase in the gross floor area.

•  There is no decrease in the gross floor area used for pedestrian access paths or access to fire exits and the work complies with the requirements of the Building Code of Australia.

•  Complies with this plan with respect to floor space ratios for commercial/non-residential uses.

DESIGN ELEMENT—COMPLIANCE WITH NORTH SYDNEY COUNCIL FOOD PREMISES CODE

Standard:

•  All aspects of the food handling areas and internal shop layout shall comply with the North Sydney Food Premises Code adopted by the Council and any relevant Australian Standards.

Definition:

A food shop for the purposes of this Table is any retail outlet where food for consumption is sold, but it is not consumed on the premises. It does not include any form of refreshment room such as a café, milk bar, or restaurant.

TABLE F   LAND SUBDIVISION—not in Heritage Conservation Areas

Development Category:

Subdivision for the purpose of:

•  correcting an encroachment on a lot

•  boundary adjustments that do not create a different number of allotments.

Requirement:

All buildings and works on the land comply with the “deemed-to-satisfy” provisions of the Building Code of Australia.

Development must not contravene any valid consents that are applicable to the relevant site.

DESIGN ELEMENT—STREET FRONTAGE

Standards

•  The requirements of the relevant site-related controls are met, in accordance with this plan and the related development control plan.

•  Must maintain existing, or comply with the requirements for new, lot frontage and access from a public road in accordance with this plan and the related development control plan.

•  A minimum of 50% of the site of a building is to be landscaped area, in accordance with this plan and the related development control plan.

•  Meets the private open space soft landscaping requirements of that development control plan.

•  No structure on the land is constructed within the drip line of a tree.

TABLE G   BUILDERS SHEDS AND PORTABLE TOILET FACILITIES—not in Heritage Conservation Areas

Development Category:

Erection of builders sheds or portable toilet facilities, if the sheds or facilities:

•  are declared in the application for a complying development certificate to be temporary only (that is to be required for a period not exceeding one year), and

•  are not designed for residential purposes, and

•  are not designed for the storage or handling of inflammable materials.

Requirement:

All buildings and works on the land comply with the “deemed-to-satisfy” provisions of the Building Code of Australia.

Development must not contravene any valid consents that are applicable to the relevant site.

DESIGN ELEMENT—BULK AND SCALE

Standards

•  Maximum height of the building is one storey.

•  Building is set back from every boundary of the lot by a minimum of 3 metres.

sch 6: Ins 4.2.2000.

Schedule 7 Complying development certificate standard conditions

(Clause 9B (2))

Conditions that apply before work begins

1  Two days before any site works, building or demolition begins, the person having the benefit of the complying development certificate must notify adjoining owners that work will commence.

2  Before any site works, building or demolition is started, the person having the benefit of the complying development certificate must:

•  notify council of the name, address, phone number and licence number of the builder

•  erect a sign at the front of the property with the builder’s name, licence number, site address, consent number and contact telephone number

•  provide a temporary on-site toilet, or access to an existing toilet on site

•  protect and support any neighbouring buildings that might be affected by the proposed development

•  protect any public place from obstruction or inconvenience caused by the carrying out of the proposed development

•  set up barriers sufficient to prevent any substance from the site falling onto a public place.

Approved Plans

Plans on Site

3  A copy of all approved certified plans, specifications and documents incorporating conditions of certification shall be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.

BCA

4  All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Home Building Act

5  

(1)  Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority:

(a)  in the case of work to be done by a licensee under that Act:

(i)  has been informed in writing of the licensee’s name and contractor licence number, and

(ii)  is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or

(b)  in the case of work to be done by any other person:

(i)  has been informed in writing of the person’s name and owner-builder permit number, or

(ii)  has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

(2)  A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

Excavation/Demolition

6  

(1)  All excavations and backfilling associated with the erection or demolition of a building must be executed in accordance with appropriate professional standards including those relating to safety.

(2)  All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or properly.

Retaining Walls & Drainage

7  If the soil conditions require it:

(a)  retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

(b)  adequate provision must be made for drainage.

Support for Neighbouring Buildings

8  

(1)  If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

(a)  must preserve and protect the building from damage, and

(b)  if necessary, must underpin and support the building in an approved manner, and

(c)  must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

(2)  In this clause, allotment of land includes a public road and any other public place.

Protection of Public Places

9  

(1)  If the work involved in the erection or demolition of a building:

(a)  is likely, to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

(b)  involves the enclosure of a public place,

a hoarding or fence must be erected between the work site and the public place.

(2)  If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

(3)  The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

(4)  Any such hoarding, fence or awning is to be removed when the work has been completed.

Site Sign

10  

(1)  A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

(a)  stating that unauthorised entry to the work site is prohibited, and

(b)  showing the name of the owner of the premises and of the person in charge of the work site, and a telephone number at which that person may be contacted outside working hours.

(2)  Any such sign is to be removed when the work has been completed.

(3)  This clause does not apply to:

(a)  building work carried out inside an existing building, or

(b)  building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

Toilets

11  

(1)  Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

(2)  Each toilet provided:

(a)  must be a standard flushing toilet, and

(b)  must be connected:

(i)  to a public sewer, or

(ii)  if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

(iii)  if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

(3)  The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.

(4)  In this clause:

accredited sewage management facility means a sewage management facility to which Division 1 of Part 4 of the Local Government (Approvals) Regulation 1999 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 43 of the Regulation.

approved by the Council, in relation to a sewage management facility, means a sewage management facility the subject of an approval in force under Division 2 of Part 3 of the Local Government (Approvals) Regulation 1999.

public sewer has the same meaning as it has in section 25 of the Local Government (Approvals) Regulation 1999.

sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1999.

Fire Safety (change of use)

12  A building in respect of which there is a change of building use must comply with the Category 1 Fire Safety Provisions applicable to the proposed use.

Site management

13  Where the proposed development may result in water run-off or affect stormwater run-off, the person having the benefit of the complying development certificate must install run-off and erosion controls to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, by taking the following measures:

•  diverting uncontaminated run-off around cleared or disturbed areas

•  erecting a silt fence to prevent debris escaping into drainage systems or waterways

•  preventing tracking of sediment by vehicles onto roads

•  stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site.

14  Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the approved building area.

Drainage

15  Where the proposed development may affect drainage of the site the land surrounding any structure must be graded to divert surface water to the street and clear of existing and proposed structures and adjoining premises.

16  Where the proposed development may affect drainage of the site and the water falls to the rear of the property, it must be collected and drained via a gravity system (and not by pumpouts, charge lines, or on-site disposal) to a council stormwater line or must be disposed of in a manner consistent with council’s Soil and Water Management Policy.

Inspections

Progress Inspections

17  Council or the Principal Certifying Authority, unless otherwise agreed in writing, SHALL BE given 48 hours notice:

a  for inspection of the following, where applicable:

i  Foundations before footings are laid.

ii  Reinforcement prior to encasement in concrete.

iii  Damp-proofing and flashing prior to covering.

iv  Structural steelwork prior to covering.

v  Timber framing prior to lining.

vi  Stormwater and drainage prior to backfilling, and

b  on completion of any building works, and

c  if required by any special conditions relevant to application.

Progress Survey—Minor Development

18  In order to ensure compliance with approved plans, a Survey Certificate, to Australian Height Datum, SHALL BE prepared by a Registered Surveyor as follows:

i  at the completion of the first structural floor level indicating the level of that floor and the relationship of the building to the boundaries,

ii  at the completed height of the building, prior to the placement of concrete inform work, or the laying of roofing materials,

iii  at completion, indicating the relationship of the building, and any projections thereto, to the boundaries.

Progress certifications in response to points (i) through (iii) shall be provided to the Council or the Principal Certifying Authority at the time of carrying out relevant progress inspections.

Mail Boxes

19  Mail boxes shall be provided in accordance with Australia Post Guidelines. In general, a clearly marked mailbox (or group of mailboxes) shall be provided within 500 mm of the footpath alignment for premises at ground level, or adjacent to the main entrance to the development, where applicable.

Sydney Water (Certificate)

20  The person having the benefit of the complying development certificate shall submit to Council or the Principal Certifying Authority a certificate from Sydney Water under Section 73 of the Water Board (Corporatisation) Act 1994 demonstrating that the Authority’s requirements, if any, in relation to the development have been met, prior to the release of the stamped building plans.

Street Numbering

21  Prior to completion of the development, a street number shall be obtained, in accordance with the Local Government Act 1993, from the Council, where applicable.

Hours of works

22  Demolition, earthworks, building construction and landscaping works SHALL BE RESTRICTED to within the hours of 7.00am to 5.00pm Monday to Friday and on Saturday to within the hours of 8.00am to 1.00pm inclusive, with NO WORK on Sundays and Public Holidays.

Excavation works SHALL BE RESTRICTED to within the hours of 8.00am to 5.00pm Monday to Friday ONLY. (Excavation work includes the operation of any excavation machinery and the use of jack hammers, rock breakers, excavators and the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or involve breaking up/removing materials from the site).

The builder and excavator shall display on-site their contact telephone number which is to be clearly visible and legible from any public place adjoining the site.

Site Access

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

24  Where kerb and gutter is not provided a gravel vehicular entrance incorporating a 375 diameter stormwater pipe and concrete head walls or a 6 metre by 6 metre concrete slab dish drain shall be constructed to provide access to the lot.

25  Driveways are to be a minimum of 6 metres from a road intersection.

26  Driveways are to be constructed in accordance with Australia Standard AS 2890.1—1993—Parking Facilities—Off-street car parking, with appropriate transition zones.

General Amenity Issues

Service Ducts

27  Service ducts shall be provided to keep external walls free of plumbing or any other utility installations.

TV Aerial

28  Only one common television aerial shall be installed.

Brickwork to Match

29  Any proposed new brickwork shall match the existing brickwork.

Reflectivity Index Of Finishes

30  The reflectivity index of external finishes, including painted surfaces, walls or roof treatment of the proposed development is to be no greater than 20%.

No Removal of Trees

31  No trees on public property (footpaths, roads, reserves, etc), shall be removed or damaged during construction including the erection of any fences, hoardings or other temporary works.

Protection of Trees During Works

32  All trees which are to be retained shall be maintained and protected during any demolition, excavation and construction on the site. The protection method shall be provided to the Principal Certifying Authority by an appropriately qualified person prior to commencement of works.

Construction Issues

Prohibition on Use of Pavements

33  Building materials SHALL NOT be placed on Council’s footpaths, road ways, parks or grass verges and a suitable sign to this effect SHALL BE erected adjacent to the street alignment.

Mobile Plant

34  Where on-street use of mobile plant is approved, such approval will be subject to issue of a permit under S68 of the Local Government Act 1993 on each occasion from Council’s Customer Services Unit. Such permit must be obtained and the fee paid at least 2 clear working days in advance of each relevant date.

Hazardous Materials

35  Unless tested by a person with suitable experience and expertise and shown to be otherwise, buildings constructed before 1970 are assumed to:

•  have accumulated hazardous amounts of fine lead dust in ceiling and wall cavities, and

•  contain components and surfaces coated with lead paint.

Appropriate measures to minimise hazards and contamination from lead are to be implemented.

Equipment Noise

36  Approved silencing mechanisms SHALL BE provided and maintained in respect of all power-operated plant used in demolition, excavation, earthworks and erection of the building.

Dust Emission

37  Suitable screens and/or barricades SHALL BE erected during any demolition, excavation and building works, where required to reduce the emission of dust, water effluent or other matter from the site. (Screening is to consist of a minimum 2 metres height of shade cloth or similar material secured to a chain wire fence or the like).

Disposal Schedule

38  A disposal schedule for waste materials arising from any demolition and excavation shall be submitted to the Council prior to the commencement of work, identifying:

•  those materials to be recycled,

•  those materials to be reused,

•  those materials to be disposed of.

A maximum amount of materials shall be recycled or reused.

Disposal information

39  Upon completion of works and prior to occupation, the person with the benefit of the certificate shall provide to Council the following information:

a)  the total tonnage of all waste and excavated material disposed of from the site, and

b)  the disposal points and methods used.

Such information shall be categorised in accordance with the forgoing and is required for waste research purposes.

Prohibition on Burning

40  Materials or rubbish resulting from any land clearing, demolition and building works, SHALL NOT be burnt on the site.

Erosion Signage

41  A durable sign, which is available from the Council, shall be erected during building works in a prominent location on site warning of penalties should appropriate erosion and sedimentation control devices not be maintained.

Asbestos Conditions

42  Prior to the commencement of works, a survey of the existing building fabric shall be undertaken identifying the presence or otherwise of asbestos contamination. Any works subsequently required to address asbestos contamination shall be undertaken in strict accordance with the requirements of the Workcover Authority in relation to the removal, handling and disposal of material containing asbestos and the Work Safe Australia Asbestos Code of Practice.

Environmental Health Issues

Termites

43  The structural members of the building which are subject to attack by subterranean termites shall be protected in accordance with AS 3660.1—1995—Protection of buildings from subterranean termites—New buildings. A durable notice must be permanently fixed to the building in a prominent location, such as a meter box or the like, indicating the following:

a)  method of protection, and

b)  the date of installation of the system, and

c)  where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label, and

d)  the need to maintain and inspect the system on a regular basis.

Chimney Stack

44  The height of any chimney shall be a minimum 1 metre above the height of any structure (including the applicant’s dwelling), or topographical feature within a 15 metres radius of the chimney stack. Exhaust gasses shall be discharged vertically and the proposed stack shall be protected by a concentric extended shrouded rain excluder in accordance with the Environment Protection Authority Guidelines. It shall terminate in such a position that it is not a risk of fire to nearby combustibles and does not permit the penetration of flue gasses through nearby windows or other openings.

Noise Impact of Plant

45  All sound producing plant, equipment, machinery or fittings associated with or forming part of any mechanical ventilation system or the refrigeration system involved in the proposed development, shall be sound insulated and/or isolated so that the noise emitted does not exceed 5 dB(A) above the background level, in any octave band from 63.0 HZ centre frequencies inclusive, at any time the plant is in operation, at the boundary of the site.

Note—

The method of measurement of sound shall be carried out in accordance with Australian Standard 1055.1—1997—Acoustics—Description and measurement of environmental noise—General procedures.

A report prepared by an appropriately qualified or accredited person shall be submitted to the Principal Certifying authority demonstrating compliance with this condition prior to the occupation of the completed works.

sch 7: Ins 4.2.2000.

Schedule 8 Low-impact telecommunications facilities, zones and classifications

(Clause 34B)

Part 1 Radio facilities

Column 1	Column 2	Column 3
Telecommunications facility	Zones in which facility is permissible	Classification
Subscriber connection deployed by radio terminal, antenna or dish: (a)  not more than 1.2 metres in diameter, and (b)  either: (i)  colour-matched to its background, or (ii)  in a colour agreed in writing between the carrier and the Council	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Panel antenna: (a)  flush mounted to an existing structure, and (b)  either: (i)  colour-matched to its background, or (ii)  in a colour agreed in writing between the carrier and the Council	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Panel antenna: (a)  not more than 2.8 metres long, and (b)  if the antenna is attached to a structure—protruding from the structure by not more than 3 metres, and (c)  either: (i)  colour-matched to its background, or (ii)  in a colour agreed in writing between the carrier and the Council	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Array of omnidirectional antennas: (a)  not more than 4.5 metres long, and (b)  not more than 5 metres apart, and (c)  if the array is attached to a structure—protruding from the structure by not more than 2 metres	4 (a) Waterfront Industrial 4 (b) Light Industrial	2
Radiocommunications dish: (a)  not more than 1.2 metres in diameter, and (b)  either: (i)  colour-matched to its background, or (ii)  in a colour agreed in writing between the carrier and the Council	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Microcell installation with: (a)  a cabinet not more than 1 cubic metre in volume, and (b)  a separate antenna not more than 1 metre long	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
In-building coverage installation: (a)  to improve cellular coverage to mobile phone users operating inside a building, and (b)  wholly contained and concealed in a building	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	1
Equipment installed inside a structure, including an antenna concealed in an existing structure	3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial	1
An extension to a tower if: (a)  the height of the extension does not exceed 5 metres, and (b)  there have been no previous extensions to the tower	4 (a) Waterfront Industrial 4 (b) Light Industrial	2

Part 2 Underground housing

Column 1	Column 2	Column 3
Telecommunications facility	Zones in which facility is permissible	Classification
Pit with surface area of not more than 2 square metres	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Manhole with surface area of not more than 2 square metres	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Underground equipment shelter or housing with surface area of not more than 2 square metres	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2

Part 3 Above ground housing

Column 1	Column 2	Column 3
Telecommunications facility	Zones in which facility is permissible	Classification
Pillar: (a)  not more than 2 metres high, and (b)  with a base area of not more than 2 square metres	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Roadside cabinet: (a)  not more than 2 metres high, and (b)  with a base area of not more than 2 square metres	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Pedestal: (a)  not more than 2 metres high, and (b)  with a base area of not more than 2 square metres	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
External equipment shelter: (a)  not more than 2.5 metres high, and (b)  with a base area of not more than 5 square metres, and (c)  either: (i)  colour-matched to its background, or (ii)  in a colour agreed in writing between the carrier and the Council	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
External equipment shelter: (a)  used solely to house equipment used to assist in providing a service by means of a facility mentioned in Part 1, and (b)  not more than 3 metres high, and (c)  with a base area of not more than 7.5 square metres, and (d)  either: (i)  colour-matched to its background, or (ii)  in a colour agreed in writing between the carrier and the Council	2 (a) 2 (b) 2 (c) 2 (d) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2

Part 4 Underground cable facilities

Column 1	Column 2	Column 3
Telecommunications facility	Zones in which facility is permissible	Classification
Underground conduit or cable: (a)  deployed by narrow trench, and (b)  not more than 150 metres long, and (c)  not more than 150 millimetres wide	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	1
Underground conduit or cable: (a)  deployed by narrow trench or direct burial (for example, by mole plough), and (b)  not more than 300 millimetres wide	4 (a) Waterfront Industrial 4 (b) Light Industrial	1
Underground conduit or cable: (a)  deployed by bore or directional drill hole, and (b)  not more than 150 millimetres in diameter, and (c)  at least 600 millimetres below the surface	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	1
Cable location marking post or sign	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	1

Part 5 Public payphones

Column 1	Column 2	Column 3
Telecommunications facility	Zones in which facility is permissible	Classification
Public payphone cabinet or booth: (a)  used solely for carriage and content services, and (b)  not designed for other uses (for example, as a vending machine), and (c)  not fitted with devices or facilities for other uses, and (d)  not used to display commercial advertising other than advertising related to the supply of standard telephone services	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2
Public payphone instrument: (a)  used solely for carriage and content services, and (b)  not designed for other uses (for example, as a vending machine), and (c)  not fitted with devices or facilities for other uses, and (d)  not used to display commercial advertising other than advertising related to the supply of standard telephone services	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	2

Part 6 Emergency facilities

Column 1	Column 2	Column 3
Telecommunications facility	Zones in which facility is permissible	Classification
A temporary facility installed: (a)  in an emergency, and (b)  to provide assistance to an emergency services organisation	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	1

Part 7 Co-located facilities

Column 1	Column 2	Column 3
Telecommunications facility	Zones in which facility is permissible	Classification
Facility mentioned in: (a)  Part 1, 2, 3, 5 or 6, or (b)  Cable location marking post or sign, installed by co-locating it with an existing facility	4 (a) Waterfront Industrial 4 (b) Light Industrial	1
Conduit or cabling to be laid in: (a)  an existing trench, or (b)  a trench created by a developer, the Council, public utility or carrier	2 (a) 2 (b) 2 (c) 2 (d) 2 (e) 2 (f) 2 (g) Residential 3 (a) Commercial 4 (a) Waterfront Industrial 4 (b) Light Industrial 5 (c) Roads	1

sch 8: Ins 24.12.1998.