1 What is the name of this plan?
This plan may be cited as Sutherland Local Environmental Plan—Menai Town Centre 1992.
2 What is the aim of the plan?
The aim of this plan is:(a) a town centre with shops, offices, community and recreation facilities and industry to serve the 40,000 people who will live in the Menai District by 2010, and(b) 3,000 people living in the town centre to support the businesses and community facilities in the centre, and(c) a centre able to expand to meet the long term needs of the Menai District, including the potential additional 10,000 people in south western Menai.
3
The plan has aims and special requirements for each area. The aims are of prime importance and Council will consider all development in relation to these aims.
4 Where does the plan apply?
(1) This plan applies to the land in the town of Menai which is inside the heavy black line on the map marked “Sutherland Local Environmental Plan—Menai Town Centre 1992”. The Menai Town Centre is divided into areas as identified on the map. This map is kept in the office of the Council of the Sutherland Shire.(2) However, this plan does not apply to the land shown rezoned under Sutherland Shire Local Environmental Plan 2000 on the maps (or sheets of maps) marked as follows:Sutherland Shire Local Environmental Plan 2000—Amendment No 9cl 4: Am 20.7.2001.
5 How does the plan affect other plans?
This plan supersedes Sutherland Local Environmental Plan No 97: Menai Town Centre.
6
If any agreement, covenant or instrument restricts development allowed by this plan, then it shall not apply to that development (to the extent necessary to allow that development).
7
Before making this plan, the Governor approved clause 6, pursuant to section 28 of the Environmental Planning and Assessment Act 1979.
8 What uses are allowed in the town centre?
All development requires consent, except for:(a) exempt development listed in Schedule 1, that satisfies the requirements of clause 32, and(b) urban servicing such as the provision of water, sewerage, electricity, gas, telephone, drainage, telecommunications, roadworks and main roads.cl 8: Subst 18.10.2002.
9 Land use table
Council may consider any development in any area, if it satisfies the aims of the area. The following developments may be allowed by Council:
10
You must apply to Council for consent for all development. Council will assess an application using any requirements set out in this plan and Section 90 of the Environmental Planning and Assessment Act 1979.
11
You must consult the Water Board in regard to adequate provision of water and sewerage services for your development, before Council determines your application.
12
All applications for attached housing will be advertised.
13
Council may consider other uses, not stated in the Table, if the use is compatible with the aim of each area. The aim of each area follows.
13 What is the aim of the Business “A” area?
The aim of the Business “A” area is a business centre:(a) with shops and offices to serve the people living in the Menai District by 2010, and(b) with a library, and(c) which is integrated with the community centre.
14 Are there any special requirements?
In the Business “A” area, the following standards apply:(a) the business centre may have a range of uses, including shops and offices and community uses,(b) the maximum floor area allowed will be double the site area. This floor area includes any inside arcades or plazas but does not include car parking and loading areas or any outdoor plazas,(c) Council will specify:• the location and size of a library within the centre,• the location and size of an occassional child care centre within the centre,• how the community centre must be integrated with the shopping centre,• the amount and location of car parking,• pedestrian, car and truck access to the centre, and• the building design and landscaping.
15 What is the aim of the Business “B” area?
The aim of the Business “B” area is:(a) a centre which can expand to meet the long term needs of the Menai District, and(b) long term office, technical and professional jobs.
16 Are there any special requirements?
In the Business “B” area, the following standards apply:(a) Council will consider a range of uses in this area including an office park, a convention centre or business training centre. Housing will be considered in association with a business use,(b) the maximum floor area allowed will be equal to the site area. This floor area includes any inside arcades or plazas but does not include car parking and loading areas or any outdoor plazas,(c) Council will specify:• the amount and location of car parking,• pedestrian, car and truck access to the site, and• the building design and landscaping.
17 What is the aim of the Residential “B” area?
The aim of the Residential “B” area is:(a) 2,500 people living in this part of the Town Centre, and(b) a variety of housing, and(c) housing areas with good access to parks, bushland and the business and community centre.
18 Are there any special requirements?
In the Residential “B” area, the following standards apply:(a) the minimum density allowed is 15 dwellings per hectare. You can exceed this density but you cannot provide less,(b) the floor area of the housing must not exceed half the area of the site,(c) Council may require the dedication of land for recreation and community uses or a monetary contribution or both,(d) Council will specify car parking, building design and landscaping,(e) the dwellings can be any type including detached houses, dual occupancies, villas, townhouses, duplexes, home units or any mixture of these.
19 What is the aim of the Residential “C” area?
The aim of the Residential “C” area is:(a) 500 people living in this part of the Town Centre, and(b) a variety of housing, and(c) housing areas with good access to parks, bushland and the business and community centre.
20 Are there any special requirements?
In the Residential “C” area, the following standards apply:(a) the minimum density allowed is 45 dwellings per hectare. You can exceed this density but you cannot provide less,(b) the floor area of the housing must not exceed the area of the site,(c) Council may require the dedication of land for recreation or community uses or a monetary contribution or both,(d) Council will specify car parking, building design and landscaping,(e) the dwellings can be any type including detached houses, dual occupancies, villas, townhouses, duplexes, home units or any mixture of these.
21 What is the aim of the Services area?
The aim of the Services area is:(a) a variety of industrial development to serve the Menai District, and(b) an attractive industrial area with good access to parks, bushland and the business and community centre.
22 Are there any special requirements?
In the Services area, the following standards apply:(a) Council will consider a variety of uses including a high technology park, manufacturing, distribution centres, bulky goods retailing, offices and retailing associated with industries, computer related industries, car repairs and panel beating, printers and building supplies,(b) the maximum floor area allowed will be equal to the site area. This floor area does not include car parking and loading areas or any outdoor spaces,(c) Council will specify the following details:• the amount and location of landscaping,• the amount and location of car parking and loading,• pedestrian, car and truck access to the site,• the type and size of signs.
23 What is the aim of the Recreation and Community Land area?
The aim of the Recreation and Community Land area is:(a) a central community centre to serve the Menai District, and(b) a range of facilities for community arts, recreation and support services, and(c) footpaths and bicycle ways which link the housing area to parks, bushland and the business and community centre.
24 Are there any special requirements?
In the Recreation and Community Land area, the following standards apply:(a) the area shown on the plan as Recreation and Community Land will be either dedicated to Council as part of a development, or acquired by Council. Council will develop the land for a variety of uses partly funded from developers contributions. Council will also consider applications from private developers to provide a range of indoor or outdoor recreation activities,(b) Council will specify the following:• the location of footpaths, bicycle ways, overbridges and community buildings,• the amount and location of tree planting and landscaping,• the location of recreational facilities and buildings,• the amount and location of car parking.
25 What is the aim of the Road area?
The aim of the Road area is convenient access to the Town Centre.
26 Are there any special requirements?
Any property which has frontage to the Road area is not permitted direct access to that Road area. If you own land in the Road area you may request Council to acquire your land.
27 What is the aim of the Arterial Road area?
The aim is uninterrupted travel for traffic passing by the Town Centre.
28 Are there any special requirements?
If you own land in the Arterial Road area you may request the Roads and Traffic Authority to acquire your land. The request must be in writing. On receipt of the request, the Authority shall make arrangements for the acquisition of the land.
29
If the Roads and Traffic Authority advises Council that any part of the Arterial Road area is abandoned, then Council may consent to an application to develop the abandoned part for the same use allowed in this plan as the adjoining land.
30 How are trees and bushland vegetation preserved?
(1) For the purposes of this clause:bushland vegetation means vegetation that is either a remnant of the natural vegetation of land, or if altered, is still representative of the structure and floristics of the natural vegetation.(2) The objective of this clause is the preservation of valuable trees and bushland vegetation in the Sutherland Shire.(3) Where it appears to the Council of the Sutherland Shire that it is expedient for the purpose of preserving or securing trees and bushland vegetation in order to ensure the integrity of the natural environment for both residents of and visitors to Sutherland Shire it may make a tree and bushland vegetation preservation order.(4) A tree and bushland vegetation preservation order may prohibit the ringbarking, cutting down, topping, lopping, pruning, removing, injuring or wilful destruction of any bushland vegetation, tree or trees specified in the order except with development consent or the permission of the Council of the Sutherland Shire.(5) A tree and bushland vegetation preservation order made in accordance with this clause may apply to any tree or trees, or to any specified class, type or description of trees or to bushland vegetation described in the order.(6) A tree and bushland vegetation preservation order may exempt any tree or any specified class, type or description of trees or bushland vegetation upon land described in the order.(7) A tree and bushland vegetation preservation order, and an amendment or repeal of any such order, has effect only when it has been published in the Gazette and in a local newspaper.(8) A person must not contravene, or cause or permit the contravention of, a tree and bushland vegetation preservation order that is in force.(9) It is a sufficient defence to a prosecution for an offence under this clause if the accused establishes:(a) that the tree or bushland vegetation concerned was dying or dead or had become dangerous, or(b) that taking the action alleged to comprise the offence was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree or bushland vegetation was situated, or(c) that written notice about proposed action to remove trees or bushland vegetation that pose or poses a fire hazard was given to the Council of Sutherland Shire, and the Council, before the action alleged to comprise the offence was taken, confirmed in writing:(i) that the tree or bushland vegetation concerned was in a Inner Protection Area within the meaning of the document entitled Planning for Bushfire Protection published in December 2001 by the NSW Rural Fire Service in collaboration with Planning NSW, a copy of which is available for inspection at the office of the Council, or(ii) that the tree or bushland vegetation concerned was of a species classified by the Council as being likely to present a significant fire hazard, or(d) that written notice about the proposed action alleged to comprise the offence was given to the Council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the Council did not advise the person during that period that it opposed the action being taken.In this subclause, notice means a notice that includes the name and address of the person who gives it and that explains that a tree of a named species or bushland vegetation situated in a specified position on land described in the notice is intended to be ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed for the purpose of bush fire hazard reduction.(10) The provisions of a tree and bushland vegetation preservation order do not apply to activities lawfully conducted in accordance with the Telecommunications Act 1992 of the Commonwealth, the Roads Act 1993, the Rural Fires Act 1997, the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979.cl 30: Ins 13.7.2001. Am 18.10.2002.
31 Definitions
For the purposes of clauses 32 and 33:accredited certifier has the same meaning as in the Act.advertising means the use of a building or place for the external display of symbols, messages or other devices for promotional purposes, whether or not the display involves the erection of a structure or the carrying out of a work.complying development has the same meaning as in the Act.community advertising means:(a) advertising of community events or community uses, or charity events, or(b) display of health or safety notices, or like notices, or(c) advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or(d) display of a notice by a public authority.demolition means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.dwelling house means one dwelling on one allotment.exempt development has the same meaning as in the Act.ground level is the ground surface of a site as it was prior to any cutting, filling or grading of the site.home activity means a business that is ancillary to a residential use and is carried out, or partially carried out, in a dwelling or within an allotment which contains a dwelling house or dwellings, but only if:(a) that use is undertaken by the permanent residents, and(b) not more than two non-residents are employed in it at any one time, andbut does not include a bed and breakfast establishment.(c) the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parking or the emission of noise, vibration, smell or creation of some other nuisance,storey means:(a) the space between two floors, or(b) the space between any floor and its ceiling or roof above, orA storey which exceeds 4.5 metres is considered as two storeys.(c) foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.subdivision has the same meaning as in the Act.the Act means the Environmental Planning and Assessment Act 1979.the Regulation means the Environmental Planning and Assessment Regulation 2000.waterbody means:(a) a natural waterbody, including:(i) a lake or lagoon either naturally formed or artificially modified, or(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or(iii) tidal waters including any bay, estuary or inlet, or(b) an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently.cll 31: Ins 18.10.2002.
32 What is exempt development?
(1) Development of minimal environmental impact listed in Schedule 1 is exempt development, subject to subclauses (2) and (3).(2) Development is exempt development only if:(a) the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 1, and(b) the development is ancillary to an existing legal use of a property and will be contained wholly within the property, and(c) the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currently prescribed in the Regulation, and(d) the development does not contravene any condition of a development consent applying to the land, and(e) the development does not result in removal, pruning or lopping of trees or bushland vegetation which would otherwise require consent or the permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and(f) the development does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and(g) the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and(h) if appropriate, any installation involved is carried out to the manufacturer’s specifications and requirements, and(i) the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and(j) the development does not result in the redirection of surface storm water or run off onto adjoining private property, and(k) the development does not involve excavation beyond 600 millimetres below natural ground level, and(l) it does not involve handling, storing, or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment, and(m) it is located within a bushfire interface area or bushfire prone area and complies with the Council’s construction standards or relevant building standards for buildings in these areas.(3) Development is not exempt development if it is carried out on land that:(a) is listed as, or contains an item listed as, a heritage item in this plan, or(b) is an Aboriginal place under the National Parks and Wildlife Act 1974, or(c) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or(d) is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or(e) is within 40 metres of a waterbody where the development requires any excavation.cll 32: Ins 18.10.2002.
33 What is complying development?
(1) Development listed in Schedule 2 is complying development, subject to subclauses (2) and (3).(2) Development is complying development only if:(a) the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 2, and(b) the proposed development does not involve a building or a site in or on which an existing use, as defined in section 106 of the Act, is being carried out, and(c) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that may apply to the land, and(d) it does not contravene any condition of a development consent applying to the land, and(e) the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currently prescribed in the Regulation, and(f) the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and(g) the development will not result in removal, pruning or lopping of trees or bushland vegetation which would require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and(h) the development is not carried out within the zone of influence of over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and(i) the development will not result in the redirection of surface storm water or run off onto adjoining private property, and(j) the development complies with the provisions of the relevant development control plan for housing in the Residential “B” area for Menai Centre.(3) Development is not complying development if it is carried out on land that:(a) is identified by the Council as being:(i) within a bushfire interface area, or(ii) subject to flooding, tidal inundation, subsidence or land slip, or(iii) contaminated land, or(b) is listed as, or contains an item listed as, a heritage item in this plan, or is on land that abuts a heritage item, or(c) is an Aboriginal place under the National Parks and Wildlife Act 1974, or(d) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or(e) is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or(f) has previously been used as a service station, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or(g) is within 40 metres of a waterbody where the development requires any excavation, or(h) is adjacent to an arterial road or arterial road reservation where the development proposes a new, or alters an existing, vehicular accessway to that road or reservation, or(i) is subject to an interim heritage order under the Heritage Act 1977 or that is listed on the State Heritage Register under that Act.(4) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in any applying development control plan adopted by the Council, as in force when the certificate is issued.cl 33: Ins 18.10.2002. Am 2002 No 112, Sch 2.23.
Schedule 1 Exempt development
(Clause 32)
Type of activity—development consisting of erection and use or carrying out of the following: | Development standards and other requirements |
Access ramps for the disabled | (a) Maximum height 1m above ground level. (b) Maximum grade 1:14 and otherwise in compliance with relevant Australian Standards. (c) Must be located a minimum of 1.5 m from site boundaries |
Advertising structures | General requirements (a) The erection of the advertising structure must comply with all the requirements of the Building Code of Australia, including Part B1 (Structural Provisions). (b) Signs must not cover mechanical ventilation inlet or outlet vents. (c) Advertising structures within a public road reserve must be at least 0.6m from kerb/roadway edge. (d) Flashing signs are not exempt in any area. (e) No restrictions on advertising where displayed within a building and the advertisement is not visible from a public place, although it may be visible through openings at the ground and first floor levels of business premises, shops, food shops, restaurants, industrial premises, warehouses or bulky goods outlets. |
1 Street and traffic signs (including street name plates, directional signs, advance traffic warning signs, traffic signs and traffic signal devices) | (a) Construction must be by or on behalf of the Council or the Roads and Traffic Authority. (b) Must be designed, fabricated and installed in accordance with relevant Australian Standards. |
2 Business advertising | |
(a) Suspended under awning signs | (a) One per premises. (b) Must not exceed 1.5m2 in area and, if over a public road, must be suspended with a clearance of no less than 2.6m above ground or pavement level. (c) Must relate to the use of premises. |
(b) Awning fascia signs | (a) Must relate to the use of the premises to which the fascia is attached. (b) Where a development control plan for a business centre applies, the background colour, and all lettering colours and styles on the awning fascia must comply with the requirements of that plan. |
(c) Under awning advertising (on building facades) | Must relate to the use of the building. |
(d) A-frame signs and shopfront displays | (a) Must comply with the approved development control plan for A-frame advertising boards and shopfront display. (b) A lease or licence for the structure must be obtained from the Council before the sign or shopfront display is erected. |
3 Industrial advertising | (a) One advertising sign of a maximum of 5m2 in area is permitted and it must be fixed flush to the front elevation of the industrial building or industrial unit, to a maximum height of 4.5m above ground level and not project above the parapet of the building or the eaves line where the building has a pitched roof. (b) Freestanding directory boards for multiple occupancy complexes are permitted within the property boundary/premises subject to the total area of the board or boards not exceeding 5m2 in area and a maximum height of 4.5m above ground level. (c) All signage must relate to the activity on the site. |
4 Temporary signs | |
(a) Real estate signs | (a) Must only advertise premises or land for sale or lease (b) One sign per premises and located within property boundaries. (c) Sign must not exceed 2.5m2 in area. (d) Not exempt more than 14 days after completion of the sale or granting of the lease. |
(b) Construction signs (signs advertising firms involved in construction of a building) | (a) Only during construction of the building. (b) One composite sign per premises only and the sign must be located within the property boundaries. (c) Any signage must not exceed 2.5m2 in area. |
(c) Special event sign | (a) Must be displayed only on the property where the special event is to be held. (b) Must be constructed of lightweight, banner type material. (c) Not exempt for more than 14 days before the special event or more than 48 hours after the event is finalised. |
(d) Inflatable promotional signs | (a) Must be displayed only on the property where the promotion is to be held. (b) Not exempt development if displayed for more than 7 consecutive days, more than 4 times or for a total of more than 28 days in any year or later than 48 hours after the relevant promotion is finalised. |
5 Home activity identification signs | (a) One per premises. (b) Signs must not exceed 0.5m2 in area and be affixed to the dwelling no higher than 3m above ground or pavement level and below the eaves line of the building. |
6 Community advertising | (a) A permanent fixed sign must not exceed 1.5m2 in area and must not be higher than 3m above the ground or pavement level. (b) A temporary sign may not display an advertisement for more than 7 consecutive days or for a total of more than 28 days in any year. |
Aerials/Antennae/Microwave antennae/Satellite dishes | (a) For receiving purposes only. (b) Must not have substantial adverse impact on views enjoyed by adjoining and neighbouring premises. For Satellite dishes only: (a) Maximum diameter 750mm. (b) Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will serve. (c) Must not be installed forward of the building line or on roof areas visible from the road. (d) Must not be visible from any public place, including roads, public open space, public recreation areas and waterways. (e) The dish and supporting structure must be finished in a non-reflective colour, which blends in with the surrounding environment. |
Air conditioning units | (a) External units must not be attached above the second storey on residential buildings, unless located on a balcony where the air conditioning unit is not clearly visible from street level. (b) Roof mounted air conditioning units are permitted on industrial premises only. (c) Must not be located within the street facing elevation or within the front building setback if ground mounted. (d) Must be located a minimum of 0.5m from any side or rear boundaries. (e) Any air conditioning unit must not include a cooling tower as part of the system. (f) Any building work must not reduce the structural integrity of the building. (g) Any opening created must be adequately weatherproofed. (h) The noise level generated by the air conditioning unit must not exceed an LAeq of 5 dB(A) above background noise level when measured at the property boundary. Despite this, domestic air conditioning units must not be audible within any room of any adjoining premises, from 10pm to 7am on weekdays or 10pm to 8am on weekends or public holidays. (i) Any noise emitted must not include any tonal, impulsive or intermittent characteristics. (j) Must be maintained and installed in compliance with Australian Standards AS/NZS 1668.1:1998, AS 1668.2—2002, AS/NZS 3666.1:2002, AS/NZS 3666.2:2002 and AS/NZS 3666.3:2000. |
Awnings, canopies and security/storm blinds or shutters | (a) Must be retractable. (b) Must not be installed above the second storey of any building. (c) This exemption is not applicable to security blinds or shutters on the street front elevation of business buildings or business shopfront awnings. |
Barbecues (portable and fixed structures) | (a) All barbecues are to be located so that they do not cause a nuisance while being used. (b) Maximum height of fixed structure 2.7m from ground level. (c) Fixed structures must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) For fixed structures, a minimum 0.5m setback from side or rear boundaries, except where a heat shield is incorporated or adjoins a non-combustible fence. (e) Barbeques must be located so that the risk of the spread of fire from the barbecue to any other structure is minimised. |
Bird aviaries and pet animal shelters | (a) Maximum area 10m2. (b) Maximum height 2.7m from ground level. (c) Must be located in rear or side yard areas only. (d) Must be located away from the boundary a minimum of 0.5m. (e) Limit of one bird aviary per property. (f) An aviary for fowls (poultry, including domestic fowl, chickens or guinea fowls) and small birds must not be located within 4.5m of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food. (g) An aviary for poultry (other than fowls) must not be located within 30m of any building referred to in paragraph (f). (h) All poultry or fowls must be kept in accordance with Part 3 of and Division 2 of Schedule 5 to the Local Government (Orders) Regulation 1999. (i) Fowls are limited to a maximum of 20, and other poultry to a maximum of 5. (j) The floors of poultry houses within 15.2m of a dwelling, public hall or school must be paved with concrete or mineral asphalt underneath the roosts or perches, unless situated on clean sand. |
Building alterations (external) | General requirements (a) Does not apply to: (b) Work must be non-structural. (c) Applies only to alterations or renovations to previously completed buildings. (d) Works are not to include changes to the footprint or increase floorspace of the buildings or residential use of rooms whether by removal of existing walls, partitions or by other means. This does not exclude bay windows up to 0.3m from the existing alignment of the wall. (e) Works are not to include repositioning or enlarging of windows above ground level. (f) Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas. (g) Any work involving lead paint removal must not cause lead contamination of the air or ground or water. |
(a) Recladding of roofs or walls | (a) Replacement of existing materials must be with similar materials which do not increase the reflectivity. (b) Recladding not to involve structural alterations, change to roof shape or roof pitch, or brick veneering. |
(b) Skylight roof windows (including solartube or similar type installations and roof ventilators) | (a) The building work must not reduce the structural integrity of the building or involve structural alterations. (b) Any opening created by the installation must be adequately weatherproofed. |
(c) Windows, glassed areas and external doors | (a) Replacement materials must comply with: (b) Opaque or other obscured glazing must be replaced with similar opaque glazing so as not to impact on the privacy of neighbouring properties. |
Building alterations (internal) | |
(a) Business/Industrial | (a) Does not include alterations to premises for the preparation or storage (or both) of food for sale to the public. (b) Works must be non-structural, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building. (c) Works must not compromise fire safety or affect accessibility to fire exits. (d) Must not increase existing floor area of premises. (e) Must be an alteration to an existing building. |
(b) Residential | (a) Works must be non-structural. (b) Applies only to alterations or renovations to previously completed buildings. (c) Works are not to include changes to the footprint of the dwelling or residential use of rooms whether by removal of existing walls, partitions or by other means. (d) Works may include replacement of internal doors, walls, windows, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials. (e) Works may include renovation of bathrooms, kitchens, and inclusion of built-in fixtures such as vanities, cupboards and wardrobes. (f) Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas. (g) Works must not increase external size and envelope of the existing building. (h) Works are not to include installation of oil or solid fuel heating appliances. (i) Does not include alterations to premises for the preparation or storage (or both) of food for sale to the public. |
Bushfire hazard reduction | Work must be carried out consistent with a bush fire management plan made pursuant to section 52 of the Rural Fires Act 1997. |
Cabanas and gazebos | (a) Maximum area 10m2 per structure. (b) The floor must be located at or near ground level. (c) Maximum height of 4.0m from ground level. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) Structures must be sited a minimum of 1.5m from side and rear boundaries. (f) Limit of one of each structure for each premises. (g) Maximum total floorspace of combined structures in this category is 40m2. |
Changes of use (Different use resulting from change of use of: (a) business premises, shop, restaurant, food shop or sex shop to business premises, or (b) business premises, shop, restaurant, food shop or sex shop to shop or different kind of shop, or (c) food shop to different kind of food shop, or (d) restaurant to a different kind of restaurant, or (e) bulky goods outlet to different kind of bulky goods outlet, or (f) industry to different kind of industry, or (g) warehouse to different kind of warehouse.) | (a) Does not include a change of use to a sex shop. (b) Hours of operation are limited generally to between 6am and 9pm daily for all uses except industrial uses where the hours of operation are limited to between 6am and 7pm Monday to Saturday with no use on Sundays or public holidays. (c) The change of use is not to include any change to existing floorspace, parking, landscaping or waste facilities approved for the development. |
Clothes hoists/lines | (a) Must be installed at ground level. (b) Must be located behind the building or in the side or rear yard. (c) Must not be located on balconies or elevated decks. |
Decks and patios | (a) The finished surface level must not be greater than 1m above ground level. (b) The structure must not exceed an area of 20m2. (c) The structure must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Sufficient step down is to be provided to prevent the entry of water into any associated dwelling. (e) Must be located a minimum of 1.5m from side and rear boundaries. |
Demolition of a structure | (a) Demolition of a structure is only exempt development if erection of that structure would be exempt development, or where an order to demolish has been issued by the Council under the Environmental Planning and Assessment Act 1979. (b) Does not apply to demolition of a structural retaining wall. (c) Does not apply to the decontamination, rehabilitation or remediation of contaminated land. (d) Demolition must be carried out in accordance with Australian Standard AS 2601—2001Demolition of structures. |
Driveways and pathways | (a) Does not apply to works on public land except for driveways or pathways constructed by or on behalf of the Council. (b) Must be structurally sound and of stable construction. (c) Must not be elevated or suspended above ground level or involve excavation greater than 0.6m. (d) Driveway or access gradients must be designed to align with footpath crossing levels issued by the Council and must comply with the access gradient requirements of Australian Standard AS 2890.1—1993Parking facilities, Part 1: Off-street car parking. (e) Must be graded and drained so as not to cause a drainage nuisance to adjoining property or footpath area. |
Fences and gates (including replacement of existing fences or gates) | General requirements (a) Does not apply to fences required by the Swimming Pools Act 1992. (b) Does not apply to fencing of street frontages of land occupied by dual occupancies, townhouses or villas. (c) Does not apply to fences or gates for residential flats. (d) All fences are to be constructed so as not to create a drainage nuisance. (e) Does not apply to fencing along the street boundary of land occupied by dual occupancies, townhouses or villas. |
(a) Front fences (including side fences between the building line and the street or any other public place) | (a) Does not apply to front fences where covenants apply to the land that restrict erection of front fencing. (b) Does not apply to commercial premises. (c) A maximum height of 1m. (d) An open form front fence, to a maximum height of 2.5m, is permitted on industrial premises but only where set behind existing landscaping carried out with consent. |
(b) Side fences and rear fences (fences behind the building line) | (a) Maximum height of 1.8m if constructed of timber, metal or lightweight materials, all other materials maximum height of 1.0m. (b) Open form fencing to a maximum height of 2.5m is permitted on industrial premises. |
Flagpoles | (a) Maximum height 6.0m above ground level. (b) Must not project beyond property boundaries. (c) Limit of one flagpole per property. (d) Not used to display flag larger than 1m2. (e) Not used to display flags for advertising purposes. |
Greenhouses, garden sheds, studios, cubby houses and playground equipment | (a) Maximum area 10m2 per structure. (b) The floor must be located at or near ground level. (c) Maximum height of 4.0m from ground level. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) Structures must be sited a minimum of 1.5m from side and rear boundaries. (f) Limit of one of each structure for each premises. (g) Maximum total floorspace of combined structures in this category is 40m2. (h) Maximum area and height requirements do not apply where the structures are located on land within the Recreation and Community Land area. |
Home activities | (a) The activity must not interfere with the amenity of the area by reason of such things as vehicular traffic, parking, noise, vibration, smell, fumes, smoke, water or other waste products. (b) Any sound producing plant, equipment, machinery or fittings associated with or forming part of a mechanical ventilation system or refrigeration system, which is installed as part of a home activity, must be sound insulated or isolated (or both). (c) Noise emitted must not exceed an LAeq of 5dB(A) above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. The method of measurement of sound must be carried out in accordance with Australian Standard AS 1055.1—1997Acoustics—Description and measurement of environmental noise—General procedures. (d) Any noise emitted must not include any tonal, impulsive or intermittent characteristics. (e) Hours of operation for the activity are limited to between 8am and 6pm Monday to Saturday. |
Letter box | Must not exceed a maximum height of 1.2m above ground level. |
Outdoor eating areas | (a) Must comply with the approved development control plan for outdoor eating areas. (b) A licence for the activity must be obtained from the Council before any outdoor eating activities are undertaken. |
Pergolas, and fixed awnings, shade structures/sunshades at ground floor level or over an existing first floor deck | (a) Maximum area 20m2 per structure. (b) Maximum height 2.7m above ground level where proposed at ground floor level. (c) Maximum height 2.7m above existing first floor or deck level where proposed over an existing elevated deck. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) Must be located a minimum of 1.5m from side and rear boundaries. (f) Does not apply to business shopfront awnings. (g) Maximum area and height requirements do not apply where the structures are located on land within the Recreation and Community Land area. |
Public facilities and amenities (new construction and use) (includes such things as playground equipment, public toilet facilities, staircases, recreational, sporting, entertainment and cultural activities, works for the purpose of landscaping, gardening, lighting and night-time activities, traffic management facilities, public transport facilities, street furniture, security equipment or devices, goal posts, sight screens and similar ancillary sporting structures) | (a) Approved by the Council and undertaken by or on behalf of the Council, or if on Crown land where consultation with the Department of Land and Water Conservation has occurred or, in the case of traffic management facilities, must be undertaken by or on behalf of the Roads and Traffic Authority. (b) Works must be located on land under the control of the Council or the Roads and Traffic Authority. (c) Must be designed, fabricated and installed in accordance with any relevant Australian Standards and the Building Code of Australia. (d) Bus shelters and seats with ancillary advertising must comply with the requirements of the development control plan for bus shelters and seats. (e) Park and street furniture (for example, seats, bins, picnic tables, barbecues etc) must comply with the requirements of any applicable development control plan or adopted plan of management. (f) The following works or uses may only be exempt if in accordance with an adopted plan of management: |
Retaining walls | (a) Not if any site filling or raising of site levels greater than 0.3m will occur within 1.5m of side or rear boundaries. (b) Maximum height 0.6m. (c) Masonry walls to comply with Australian Standards AS 3700—2001Masonry structures, AS 3600—1994Concrete structures and AS/NZS 1170.0:2002, AS/NZS 1170.1:2002, AS/NZS 1170.2:2002 and AS 1170.4—1993Structural design actions and Minimum design loads on structures. (d) Timber walls to comply with Australian Standards AS 1720.1—1997, AS 1720.2—1990 and AS 1720.4—1990Timber structures and AS/NZS 1170.0:2002, AS/NZS 1170.1:2002, AS/NZS 1170.2:2002 and AS 1170.4—1993Structural design actions and Minimum design loads on structures. (e) All retaining walls are to be constructed so as not to cause a drainage nuisance. (f) Maximum length of 20 lineal metres of retaining wall per property. (g) Not if there are two or more wall rises or drops in succession. |
Water heaters (includes heat pump hot water heaters and solar water heaters) | (a) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (b) The installation must not reduce the structural integrity of the building or involve structural alterations. (c) The development must comply with the provisions of the Building Code of Australia for fire separation if in multi-unit housing. (d) The noise level generated must not exceed an LAeq of 5 dB(A) above background noise level when measured at the property boundary. Despite this, domestic water heaters must not be audible within any room of any adjoining premises, from 8pm to 7am on weekdays and 10pm to 8am on weekends or public holidays. (e) Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will serve. (f) Trees must not be lopped in order to achieve solar access for solar water heaters. |
Water tanks | (a) Not if a below ground tank or on land that requires excavation. (b) Maximum height 2.4m from ground level. (c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Tanks must be located a minimum of 0.6m from side and rear boundaries. (e) Maximum capacity of 1,600 litres. (f) Suitable proofing for the prevention of mosquito breeding must be provided. (g) Rainwater tank overflows must be connected to an approved stormwater system. |
sch 1: Ins 18.10.2002.
Schedule 2 Complying development—general provisions
(Clause 33)
Part 1 Complying development in the following areas:
Residential “B” areaResidential “C” area
Development consisting of the erection or carrying out of the following: | Development standards and other requirements |
Building alterations (internal) | (a) Work must not reduce fire safety or accessibility to a fire exit. (b) Applies only to alterations or renovations to previously completed buildings. (c) Works must not include installation of oil or solid fuel heating appliances. (d) Work on that part of residential premises used for the purpose of preparation or storage (or both) of food for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council’s Code for Food Premises, and Code for Commercial Home Catering. |
Cabanas and gazebos | (a) Maximum area of 40m2 per structure. (b) Maximum height of 4.0m from ground level for all structures. (c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Must be located a minimum of 1.5m off side and rear boundaries. (e) The finished floor level must be no more than 1.0m above ground level at any point. |
Decks and Patios | (a) The finished surface level must not be greater than 1m above ground level. (b) The structure must not exceed an area of 40m2. (c) The structure must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Sufficient step down is to be provided to prevent the entry of water into any associated dwelling. (e) Must be located a minimum of 1.5m from side and rear boundaries. |
Demolition | (a) Not including decontamination, rehabilitation or remediation of a contaminated site. (b) Demolition must be in accordance with any relevant Australian Standards. |
Fences, Gates and Retaining Walls | (a) Not within the front building line setback. (b) Front fences within the front building line must not exceed a maximum height of 1.0m above ground level. (c) Side or rear fences must not exceed a maximum height of 1.8m above ground level. (d) Retaining walls: (e) Does not apply to fencing along the street boundary of land occupied by dual occupancies, townhouses or villas. |
Garages | (a) Maximum gross floor area of 40m2 per structure. (b) Maximum height 4.0m from ground level for all structures. (c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Must be located a minimum of 1.5m off side boundaries. (e) The finished floor level must be no more than 1.0m above ground level at any point. |
Greenhouses, garden sheds, studios, cubby houses | (a) Maximum gross floor area of 40m2 per structure. (b) Maximum height 4.0m from ground level for all structures. (c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Must be located in rear or side yards. (e) Must be located a minimum of 1.5m off side boundaries. (f) The finished floor level must be no more than 1.0m above ground level at any point. |
Pergolas, awnings, shade structures/sunshades, carports | (a) Maximum area of 40m2 per structure. (b) Maximum height of 4.0m from ground level for all structures. (c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Must be located a minimum of 1.5m off side and rear boundaries. (e) The finished floor level must be no more than 1.0m above ground level at any point. |
Single storey single dwelling houses and ground floor single storey additions or alterations to single dwelling houses | (a) Maximum height of 5.4m from ground level to the highest point of the roof. (b) Must be located a minimum of 1.5m off side boundaries. (c) Must be located a minimum of 4.5m from rear boundaries. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. (f) All fill must be retained within the perimeter of the buildings. (g) For new dwellings, two car parking spaces must be provided behind the building line. (h) Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1—1993Parking facilities, Part 1: Off-street car parking. (i) Any driveways provided must be designed to align with footpath crossing levels issued by the Council. (j) New dwellings must be entitled to at least a 3.5 star rating under the National House Energy Rating Scheme (NatHERS). (k) Alterations or additions must comply with the energy efficiency standards in the applicable development control plan. (l) Works are not to include installation of oil or solid fuel heating appliances. (m) Must comply with Council’s construction standards for buildings located in bushfire prone areas or any relevant Council building standards. (n) Work on that part of residential premises used for the purpose of preparation or storage (or both) of food for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council’s Code for Food Premises and Code for Commercial Home Catering. (o) Minimum landscaped area is 45% of the site area. |
Subdivision for one or more of the following purposes only: (a) widening of a public road by a public authority, or (b) adjusting a boundary between allotments, but only if the new lots comply with this plan. The subdivision must not result in an increased number of lots, the re-orientation of the existing allotments or redefinition of the Mean High Water Mark, or (c) correcting an encroachment on an allotment, but only if the new lots comply with this plan, or (d) strata subdivision of any building, except dual occupancy housing, approved and constructed after 1 July 1988, subject to the development conforming with all conditions of any applicable development consent, or (e) consolidation of allotments, if it is development, or (f) the creation of an allotment for public reserve purposes but only where the residue lot or lots comply with the minimum size standards of this plan. | |
Swimming pools, spas and safety fencing | (a) Must be located in the rear or side yard. (b) Minimum 1.0m distance from side or rear boundaries to the water. (c) Pools (including in-ground or above-ground) must not exceed 1.0m above ground level with no attached decking within 1.5m of side and rear boundaries (refer to Decks and Patios). (d) Safety fencing must comply with the Swimming Pools Act 1992 and Australian Standard AS 1926.2—1995Swimming pool safety, Part 2: Location of fencing for private swimming pools. (e) Swimming pool/spa pump and associated equipment must be sound insulated or isolated (or both) so that the noise emitted does not exceed an LAeq of 5 dB(A) above background noise level in any octave band from 63.0 Hz centre frequencies inclusive at the property boundary, measured in accordance with Australian Standard AS 1055.1—1997Acoustics—Description and measurement of environmental noise—General procedures. |
Two storey single dwelling houses and two storey additions or alterations to single dwelling houses (excluding areas where the Australian Noise Exposure Forecast (ANEF) is between 20 and 25) | (a) Maximum height of 6.5m from ground level to the ceiling and 8m to the highest point of the roof. (b) Must be located a minimum of 0.9m off side boundaries. (c) The two storey component of any proposed dwelling or addition must not extend beyond 50% of the depth of an allotment measured from the primary street frontage. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) The maximum amount of cut or fill is restricted to 0.6m and the cut must not extend further than 0.9m beyond the perimeter of the building. All fill must be retained within the perimeter of the buildings. (f) For new dwelling houses two carparking spaces must be provided behind the building line. (g) Any car spaces and access provided must comply with the requirements of Australian Standard AS 2890.1—1993Parking facilities, Part 1: Off-street car parking. (h) Any driveways provided must be designed to align with footpath crossing levels issued by the Council. (i) New dwellings must be entitled to at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS). (j) Additions and alterations to existing dwellings must comply with insulation (roof, wall and floor), hot water system, AAA rated fittings and clothes dryer requirements as per the existing development control plan requirements for single dwelling additions. (k) Works are not to include side or rear first floor balconies. (l) Works are not to include kitchen areas on the first floor. (m) Works are not to include installation of oil or solid fuel heating appliances. (n) Must comply with the Council’s construction standards for buildings located in bushfire prone areas or relevant Council building standards. (o) Work on that part of the residential premises used for the purpose of preparation or storage of food (or both) for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council’s Code for Food Premises and Code for Commercial Home Catering. (p) Minimum landscaped area is 45% of the site area. |
Part 2 Complying development in the following areas:
Business “A” areaBusiness “B” area
Services area
Recreation and Community Land area
Development consisting of the erection or carrying out of the following: | Development standards and other requirements |
Building alterations (external) | (a) Building must be an existing building authorised by a consent. (b) Only where there is an applicable development control plan or plan of management that specifies standards for the external treatment or appearance of the building and only where the development complies with the requirements of the applicable development control plan or plan of management. (c) Work must not reduce fire safety or accessibility to a fire exit. (d) Work must not contravene any conditions of any development consent applicable to the building or its use. |
Building alterations (internal) | (a) Building must be an existing building authorised by a consent. (b) Work must not reduce fire safety or accessibility to a fire exit. (c) Work must not increase the existing gross floor area of industrial premises except where it is an internal mezzanine floor, where that area may be increased by up to a maximum floor area of 50m2 but only for the purpose of storage or amenities. (d) Work must not increase existing gross floor area of business premises, including extensions within pedestrian arcades. (e) Work on that part of residential premises used for the purpose of preparation or storage (or both) of food for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council’s Code for Food Premises and Code for Commercial Home Catering. (f) Work on food shops or restaurants must comply with the Food Regulation 2001, the Council’s Code for Food Premises, the Clean Air (Plant and Equipment) Regulation 1997, the Protection of the Environment Operations Act 1997, AS/NZS 1668.1:1998 and AS 1668.2—2002. (g) Work on hairdressers, beauty salons or skin penetration premises must comply with the Public Health Act 1991 and Regulations under that Act, the NSW Health Department’s Skin Penetration Guidelines, published in July 1999 (if appropriate) and the Local Government (Orders) Regulation 1999. (h) Existing sound producing machinery or fittings associated with or forming part of the existing mechanical ventilation system or refrigeration system, must be sound insulated or isolated (or both) so that the noise emitted does not exceed an LAeq of 5 dB(A) above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site (in accordance with any relevant Australian Standards). Any noise emitted must not include any tonal, impulsive or intermittent characteristics. |
Demolition | (a) Demolition is only permitted of a building the erection of which is identified in this Schedule as complying development. (b) Not including decontamination, rehabilitation or remediation of a contaminated site. (c) Demolition must be carried out in accordance with any relevant Australian Standards. |
Subdivision for one or more of the following purposes only: (a) widening of a public road by a public authority, (b) adjusting a boundary between allotments, but only if the new lots comply with this plan. The subdivision must not result in an increased number of lots, the re-orientation of the existing allotments or redefinition of the Mean High Water Mark, (c) correcting an encroachment on an allotment, but only if the new lots comply with this plan, (d) strata subdivision of any building, except dual occupancy housing, approved and constructed after 1 July 1988 subject to the development conforming with all conditions of any applicable development consent, (e) consolidating allotments, if it is development, (f) the creation of an allotment for public reserve purposes but only where the residue lot or lots comply with the minimum size standards of this plan. |
sch 2: Ins 18.10.2002. Am 18.10.2002.