Sydney Regional Environmental Plan No 28—Parramatta (1999 EPI 444)

Part 1 Preliminary

1 Name of this Plan

This Plan is Sydney Regional Environmental Plan No 28—Parramatta.

2 Land covered by this Plan

This Plan applies to the land known as the Parramatta Primary Centre, as shown on the Primary Centre and Precincts Map. That land is predominantly within the City of Parramatta and partly within the City of Holroyd.

3 Precincts created by this Plan

This Plan creates 8 Precincts within the Parramatta Primary Centre. The Precincts are shown on the Primary Centre and Precincts Map.

The Precincts are:

Precinct 1—City Centre

Precinct 2—Harris Park

Precinct 3—Government

Precinct 4—Westmead

Precinct 5—Rydalmere

Precinct 6—Camellia

Precinct 7—Northern

Precinct 8—Southern

cl 3: Am 20.7.2001.

4 Objectives of this Plan

(1)  The objectives of this Plan are:

(a)  to establish regional planning aims for the Parramatta Primary Centre, and

(b)  to recognise the unique and varied nature of each Precinct.

(2)  A separate Part of this Plan provides:

(a)  aims for development and detailed development controls in:

Part 3 for Precinct 1—City Centre,

Part 4 for Precinct 2—Harris Park,

Part 5 for Precinct 3—Government,

Part 7 for Precinct 5—Rydalmere,

Part 8 for Precinct 6—Camellia,

(b)  aims for development in:

Part 6 for Precinct 4—Westmead.

cl 4: Am 20.7.2001; 5.12.2003.

5 Relationship of this Plan to other environmental planning instruments

(1)  The following do not apply to land within the City Centre, Harris Park or Government Precinct:

Parramatta Planning Scheme Ordinance

Parramatta Local Environmental Plan 1989 (City Centre)

Parramatta Local Environmental Plan 1996 (Heritage and Conservation)

Parramatta Local Environmental Plan 2001

(2)–(4)    (Repealed)

(5)  If there is an inconsistency between this Plan and any other environmental planning instrument made before the appointed day, this Plan prevails.

(6)  State Environmental Planning Policy No 1—Development Standards does not apply:

(a)  to height requirements for buildings within the City Centre or the Harris Park, Rydalmere or Camellia Precincts, or

(b)  to allow consent to be granted for the erection of a building with a floor space ratio that is more than 10% greater than the maximum floor space ratio for the building set by a development standard in this Plan.

(7)  In addition, a consent of the kind restricted by subclause (6) (b) may be granted pursuant to State Environmental Planning Policy No 1—Development Standards only if the consent authority is satisfied that:

(a)  there are exceptional circumstances in the particular case because of the unique shape or character of the allotment concerned, or because of the relationship of the proposed building to adjoining buildings or the nature of the adjoining buildings, or both, and

(b)  the built form that would be achieved by development allowed by the consent would be only marginally different from that which would be achieved if the relevant maximum floor space ratio applied, and

(c)  the development allowed by the consent would significantly enhance achievement of the objectives of the zone in which it is proposed to be carried out, and

(d)  the proposed building demonstrates a high standard of architectural design, materials and detailing that is appropriate to the building type and its location.

cl 5: Am 25.2.2000; 20.7.2001; 5.12.2003.

6 Strategic direction

Any draft local environmental plan that applies to land within the Parramatta Primary Centre should facilitate the strategies and the structure plans outlined in the Parramatta Regional Planning Strategy, 1999 and the Parramatta Regional Access Strategy, 1999 (which are available from Parramatta City Council, Holroyd City Council and the Department).

7 Consent authority

(1)  Parramatta City Council is the consent authority for any development applications required by this Plan for development within the City of Parramatta.

(2)  Holroyd City Council is the consent authority for any development applications required by this Plan for development within the City of Holroyd.

(3)  This clause is subject to the Act.

8 Definitions

(1)  Expressions used in this Plan and defined in the Dictionary in Schedule 1 have the meanings set out in the Dictionary.

(2)  The list of contents of this Plan and notes in this Plan are not part of this Plan.

9 Adoption of Model Provisions

(1)  This Plan adopts clauses 5, 7, 9–14, 18, 22, 24, 30, 31 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

(2)  For the purposes of adopting those provisions, references in those provisions to the local environmental plan adopting them are to be read as references to this Plan.

(3)  This clause applies only to land within Precinct 1—City Centre, Precinct 2—Harris Park and Precinct 3—Government.

10 Master plans

(1) Master plans This clause applies to land described in Schedule 2.

For the purposes of this clause, the appropriate authority with responsibility for adopting a master plan is:

(a)  the Council concerned, for land in the area of that Council described in Part 1 of Schedule 2, and

(b)  the Director, for any land described in Part 2 of Schedule 2.

(2) Requirement for a master plan Consent must not be granted for development on land to which this clause applies unless the consent authority has taken the master plan for the land into consideration.

However, the consent authority may waive compliance with this subclause if the appropriate authority considers that the development is of a minor nature, and that other guidelines that apply to the proposed development are adequate.

For the purposes of this clause, development of a minor nature is set out in Schedule 7.

(3) Nature of master plans A master plan for the purposes of this Plan is a document consisting of written information, maps and diagrams which:

(a)  outlines detailed provisions relating to development of land to which the master plan applies, and

(b)  explains how the planning aims, and the precinct, zone and special area objectives in this Plan are applied.

(4) Preparation of master plans A draft master plan may be prepared by, or on behalf of, the owner or lessee of the land concerned, the Council concerned or the Director.

(5) Content of master plans A draft master plan that is not prepared by the appropriate authority is to be prepared following consultation with the appropriate authority and is to illustrate and explain, where the appropriate authority so requires, proposals for the following:

(a)  phasing of development,

(b)  urban design considerations, including principles drawn from an analysis of the site and its context, density, height controls, building envelopes, identified views, privacy and security,

(c)  distribution of major land uses, including public access and open space,

(d)  environmental considerations, including noise attenuation, flood mitigation, water and soil management, remediation of contaminated land, solar access, energy efficiency, and management of significant native flora and fauna habitat,

(e)  access considerations, including public transport, pedestrian, cycle and road access and circulation networks, including local traffic impact and parking,

(f)  patterns of subdivision or site amalgamation,

(g)  infrastructure provision and funding,

(h)  site landscaping,

(i)  heritage considerations, including conservation and protection of heritage items, heritage conservation areas, identified historic views and archaeological relics (including the preparation of conservation plans),

(j)  provision of public facilities,

(k)  any other matter required by the appropriate authority.

(6) Master plan steering committee The appropriate authority may form a master plan steering committee:

(a)  to assist in the preparation of a draft master plan, or

(b)  to advise on or review a master plan or a draft master plan.

The members of the master plan steering committee may consist of employees of the Council concerned, officers or employees of the Department of Urban Affairs and Planning, representatives of government authorities, agencies or service providers, or owners or lessees of land the subject of the draft master plan or master plan or representatives of any such owner or lessee.

(7) Adoption of master plans

(a)  A draft master plan must be submitted to the appropriate authority for adoption.

(b)  If the Council concerned has rejected, or has not adopted, a draft master plan in relation to land described in Part 1 of Schedule 2 within 6 months after the date on which the draft master plan was submitted to it for adoption, the Director may adopt the draft master plan. In this case, the Director must seek the views of the relevant Council concerning the draft master plan before the Director adopts it.

(c)  A draft master plan becomes a master plan if it is adopted by the appropriate authority.

(d)  When a master plan is adopted, the appropriate authority must:

(i)  notify the owner or lessee of the land concerned, and any organisation or individual that made a submission to the appropriate authority about it, and

(ii)  advertise the adoption of the master plan in a newspaper circulating in the locality.

(8) Consultation

(a)  A draft master plan submitted to the appropriate authority for adoption must be advertised, and publicly exhibited for not less than 21 days, for public comment.

(b)  The appropriate authority (if a Council) must submit a copy of the draft master plan to the Director and to any other public authority or community organisation the appropriate authority considers is likely to be affected by development to which it relates for comment. If the appropriate authority is the Director, the draft master plan must be submitted to the Council concerned for comment.

(c)  The appropriate authority must take into account any written submissions made about the content of the draft master plan during the exhibition period. Any comments made by the Director or the Council within 30 days of receipt of the draft must be taken into consideration prior to the draft master plan being adopted.

(9) Amendment of master plans

(a)  A master plan may be amended by a master plan.

(b)  The appropriate authority may request the preparation of such an amendment for the purpose of keeping the master plan up to date.

(c)  An amendment to a master plan may be dealt with concurrently with a development application.

(10) Availability of master plans A copy of a master plan must be available for inspection at the offices of the Council concerned during normal business hours.

cl 10: Am 25.2.2000; 20.7.2001.

11 Savings and transitional provision

Local environmental plans and deemed environmental planning instruments apply to development applications lodged but not finally determined before the commencement of this Plan as if this Plan had been exhibited in the form in which it was made, but had not commenced.

12 Annual monitoring report

(1)  The council concerned must, as soon as practicable as may be after each anniversary of the appointed day, prepare an annual monitoring report for land to which this Plan applies within its area.

The aims of an annual monitoring report are:

(a)  to report on achievement of the objectives of this Plan and the implementation of the Parramatta Regional Action Plan, 1999, and

(b)  to provide a management tool which indicates development trends, and

(c)  to identify changes required in response to development trends so that Parramatta fulfills its role as a primary centre within the Sydney Metropolitan Region, and

(d)  to report on the extent to which the principles of ecological sustainability have been integrated into facilities, services and functions governed by this Plan.

(2)  A monitoring report is to be made public and to monitor the following for the preceding year:

(a)  for the portion of the Parramatta Primary Centre within the area of the consent authority (if a Council):

(i)  changes in use of different modes of transport,

(ii)  changes in the level of public transport services,

(iii)  nett number of parking spaces within the Parramatta Primary Centre,

(iv)  improvements in the public domain,

(v)  implementation of actions specified in the Parramatta Regional Action Plan, 1999 (as amended),

(vi)  draft local environmental plans and development control plans prepared by the consent authority, including a statement of their aims,

(vii)  development or implementation of environmental management initiatives.

(b)  for Precinct 1—City Centre, Precinct 2—Harris Park , Precinct 3—Government, Precinct 5—Rydalmere and Precinct 6—Camellia:

(i)  floor space (in square metres) within the area of the consent authority (if a Council) used for each of the following land uses:

retail,

commercial,

residential, including affordable housing,

industrial, and

(ii)  the condition of heritage items and any decisions of the consent authority (if a Council) which affect heritage items within its area, and

(iii)  the take up of, or utilisation of, by-products, energy reduction in net energy use sustainable developments.

cll 12: Am 5.12.2003.

Part 2 Primary Centre controls

13 Land covered by this Part

This Part applies to all land within the Parramatta Primary Centre.

14 Planning aims for the Parramatta Primary Centre

(1)  The regional planning aims in this Part apply to the whole Parramatta Primary Centre and provide a framework within which other development controls operate. These aims must be considered by the consent authority in assessing development applications and should be considered when a Council prepares a local environmental plan.

(2)  The aims of the Parramatta Primary Centre are as follows:

(a)  to provide a planning framework for Parramatta to fulfil its role as a primary centre in the Sydney Metropolitan Region,

(b)  to recognise the unique range of land uses in the Parramatta Primary Centre and foster interaction between the six Precincts (the City Centre, Harris Park, Government, Westmead, Rydalmere and Camellia Precincts) to encourage their mutual development, while concentrating major commercial development in the City Centre Precinct,

(c)  to facilitate improvements to accessibility and urban design throughout the Parramatta Primary Centre, while preserving and promoting the heritage elements of the region,

(d)  to consolidate, simplify and update the planning controls for the Parramatta Primary Centre to give effect to the Parramatta Regional Planning Strategy, 1999 and other related strategies,

(e)  to support growth in the Parramatta Primary Centre by improvements to public transport, in the form of an integrated regional transport system,

(f)  to conserve and promote Parramatta’s heritage as a framework for its identity, prosperity, livability and social development,

(g)  to develop a strong, diverse and sustainable economy drawing on and expanding the unique economic base of the Parramatta Primary Centre,

(h)  to improve the quality of urban design and ensure the public domain is safe and attractive,

(i)  to ensure development contributes positively to the quality of life of existing and future residents, visitors and workers through the provision of housing, employment and a range of services,

(j)  to ensure ecologically sustainable development which produces positive gains in the quality of the ecological, social and economic environments, balancing present needs with the ability of future generations to meet their own needs. This includes adopting a precautionary principle to avoid uncalculated risk of environmental damage, and evaluating the full cost of decisions affecting the environment before making them,

(k)  to promote and retain different kinds of housing, including affordable housing which supports a socially and culturally diverse residential population,

(l)  to emphasise and interpret the role of the Parramatta River and its foreshore as an important natural focus and link through the Parramatta Primary Centre, recognising the symbolic and historic links between key heritage items and precincts created by this Plan,

(m)  to protect and promote Parramatta’s natural resource assets by implementing the principles of ecological sustainability across all development, facilities, services and functions.

cll 14: Am 5.12.2003.

Part 3 Precinct 1—City Centre Precinct

Division 1 Aims of Part 3

15 Aims of Part 3

The aims of this Part are as follows:

(a)  to enhance the Parramatta City Centre as a pre-eminent commercial, retail, community services and cultural tourism centre in the Greater Metropolitan Region,

(b)  to provide sufficient development capacity for the growth of Parramatta City Centre in its retail, residential and commercial functions,

(c)  to enhance access to Parramatta, particularly by public transport, walking and cycling,

(d)  to ensure development enhances, protects and capitalises on Parramatta’s heritage, the river corridors, park systems, public spaces and special areas,

(e)  to protect the long-term commercial development potential of Parramatta City Centre,

(f)  to achieve environmental management best practice that protects and promotes the natural assets of the Parramatta City Centre,

(g)  to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(h)  to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River, Brickfield Creek and Clay Cliff Creek corridors.

cll 15: Am 5.12.2003.

Division 2 Zoning

16 Land use zones and explanation

The following land use zones for land within the City Centre Precinct are shown on the City Centre Zoning Map:

(a)  City Core—very high density, high activity, commercial area, allowing a wide range of land uses, and residential development in selected areas,

(b)  Retail Core—primary retail zone allowing all uses, including commercial and residential uses above the ground floor,

(c)  City Edge—medium density mixed use zone, serving as a transitory zone between the core and nearby residential, open space and river foreshore areas,

(d)  Automotive Business—land identified to provide for automotive businesses and related uses, and also for future expansion of the Parramatta City Centre in the longer term,

(e)  Special Uses—recognition of certain key land held for special use by public authorities or community organisations,

(f)  Open Space—land identified for public open space, and for recreational and community facilities,

(g)  Transport—applies to existing and future uses related to transport and access, including road, rail and related transport services.

17 City Core zone

(1) Objectives of the City Core zone The objectives of the City Core zone are as follows:

(a)  to encourage Parramatta’s role and growth as a focus within the Greater Metropolitan Region for finance, commerce, tourism, cultural activities, entertainment and government services,

(b)  to provide a consolidated commercial core to the Parramatta City Centre and concentrate commercial development around the Parramatta Railway Station,

(c)  to encourage and protect accessible city blocks by providing active frontages to streets and a network of pedestrian-friendly streets, lanes and arcades.

(2) Development within the City Core zone Development controls for the City Core zone are as follows:

(a)  Within the City Core zone, exempt development may be carried out without development consent.

(b)  Any other development may be carried out only with development consent.

(c)  Development at the ground floor street frontage of buildings may be carried out only for the purpose of amusement centres, child care centres, clubs, commercial premises that are frequented by customers, community facilities, entertainment facilities, hotels, medical consulting rooms, motels, places of public worship, refreshment rooms, shops and access to uses on other levels.

(d)  Despite paragraphs (a) and (b), residential buildings, other than hotels and serviced apartments, are not allowed in the hatched area identified on the City Centre Zoning Map.

cl 17: Am 10.8.2001; 1.3.2002; 14.3.2003.

18 Retail Core zone

(1) Objectives of the Retail Core zone The objectives of the Retail Core zone are as follows:

(a)  to maintain and enhance the Parramatta City Centre as a primary retail centre in the Greater Metropolitan Region,

(b)  to create and consolidate an identifiable central retail spine within the City of Parramatta,

(c)  to ensure retail uses interact with primary pedestrian routes and provide active frontages to streets,

(d)  to protect and encourage accessible city blocks by providing active frontages to streets, and a network of pedestrian-friendly streets, lanes and arcades.

(2) Development within the Retail Core zone

(a)  Within the Retail Core zone, exempt development may be carried out without development consent.

(b)  Any other development may be carried out only with development consent.

(c)  Development on the ground floor of the building within this zone may be carried out only for the purpose of shops, entertainment facilities, commercial premises frequented by customers or refreshment rooms.

19 City Edge zone

(1) Objectives of the City Edge zone The objectives of the City Edge zone are as follows:

(a)  to encourage a mixed use, medium density area that will provide a physical transition between the City Core and Retail Core zones and nearby lower density residential areas, and park and river foreshore areas,

(b)  to encourage an increase in the permanent residential population through new residential development or the conversion of existing buildings and to ensure the maintenance of a range of housing choice,

(c)  to encourage the provision of neighbourhood support services and facilities for the residential and working population,

(d)  to protect and encourage accessible city blocks by providing active frontages to streets and a network of pedestrian-friendly streets, lanes and arcades.

(2) Development within the City Edge zone

(a)  Within the City Edge zone, exempt development and development for the purpose of the following may be carried out without development consent:

home activities.

(b)  Any other development may be carried out only with development consent.

(c)  Despite paragraphs (a) and (b), buildings are not allowed on land shown cross hatched on the City Centre Zoning Map.

20 Automotive Business zone

(1) Objectives of the Automotive Business zone The objectives of the Automotive Business zone are as follows:

(a)  to provide for automotive businesses, trades and services to reinforce the existing functions of land within the zone,

(b)  to ensure that development is arranged and carried out in a way that does not intrude on the amenity of adjoining residential areas,

(c)  to maintain a low building density to retain the option of long-term centre expansion.

(2) Development within the Automotive Business zone

(a)  Within the Automotive Business zone, exempt development may be carried out without development consent.

(b)  Within the Automotive Business zone, development for the purpose of the following may be carried out, but only with development consent:

automotive uses; brothels; bus depots; car parking stations; child care centres; dwelling houses; finance and insurance agency offices; home activities; motels; places of public worship; refreshment rooms; shops primarily intended to serve people working in this zone; utility installations (other than gas holders or generating works).

(c)  Any other development is prohibited within the Automotive Business zone.

21 Special Uses zone

(1) Objectives of the Special Uses zone The objectives of the Special Uses zone are as follows:

(a)  to facilitate appropriate development on land that is, or is proposed to be, used by public authorities, institutions or organisations to provide community facilities, services or utilities,

(b)  to allow other ancillary development that is incidental to the primary use specified on the map.

(2) Development within the Special Uses zone

(a)  Within the Special Uses zone, exempt development may be carried out without development consent.

(b)  Within the Special Uses zone, development for the purpose of the following may be carried out, but only with development consent:

the particular land use indicated by red lettering on the City Centre Zoning Map.

(c)  Any other development is prohibited within the Special Uses zone.

22 Open Space zone

(1) Objectives of the Open Space zone The objectives of the Open Space zone are as follows:

(a)  to enable development of land for the purpose of open space and recreation and to facilitate continued provision or enhancement of parks, community facilities, and support services, utilised by the community,

(b)  to enable other ancillary, incidental or related uses that will encourage the enjoyment of land zoned for open space,

(c)  to encourage the retention and enhancement of open space links along the Parramatta River foreshore,

(d)  to facilitate public access to land and buildings within this zone.

(2) Development within the Open Space zone

(a)  Within the Open Space zone, exempt development and development for the purpose of the following may be carried out without development consent:

gardening or bush fire hazard reduction; landscaping; maintenance works.

(b)  Within the Open Space zone, development for the purpose of the following may be carried out, but only with development consent:

amenity buildings; artworks; bicycle hire; boat hire and boat launching facilities; child care centres; community facilities; identifying or interpretive signage ancillary to another use allowed on the site; kiosks; outdoor eating areas linked to kiosks within the zone or restaurants in adjoining zones; recreation areas; utility installations (other than gas holders or generating works); water based entertainment facilities.

(c)  Any other development is prohibited within the Open Space zone.

(3) Open space reservation Land within this zone shown reserved for open space on the City Centre Zoning Map is to be acquired by the public authority indicated on that map on receipt of a written request from the owner of the land.

23 Transport zone

(1) Objectives of the Transport zone The objectives of the Transport zone are as follows:

(a)  to facilitate continued and efficient operation of road and related transport services, and rail and related transport services,

(b)  to facilitate the future growth of the transport network,

(c)  to encourage city core uses at major transport nodes,

(d)  to provide support facilities for users of the public transport system.

(2) Development within the Transport zone

(a)  Within the Transport zone, exempt development and development for the purpose of the following may be carried out without development consent:

landscaping; maintenance works.

(b)  Within the Transport zone, development for the purpose of the following may be carried out, but only with development consent:

bus depots; bus stations; public transport facilities; public utility undertakings; railways; roads; workshops.

(c)  Within the part of the Transport zone outlined in red on the City Centre Zoning Map, development for the purpose of the following may also be carried out, but only with development consent:

advertisements; advertising structures; commercial premises; hotels; serviced apartments; shops; refreshment rooms.

(d)  Any other development is prohibited within the Transport zone.

24 Land reserved for road widening

Land shown reserved for road widening on the City Centre Zoning Map is to be acquired by the public authority indicated on that map on receipt of a written request from the owner of the land.

Division 3 Building design controls

25 Urban design

Development is to seek to achieve the following urban design objectives, and consent must not be granted for the carrying out of development unless the consent authority has given consideration to these objectives:

(a)  the major facades and entries of buildings are to address major public places, such as streets, squares, parks and the river,

(b)  through-site pedestrian links are to be made to squares, parks and the river, where applicable,

(c)  buildings are to be built predominantly to the street alignment and side boundaries, and are to provide continuous street frontages for enhanced pedestrian amenity,

(d)  buildings are to have regard to adjoining buildings and works with transitions of height, massing and scale, where appropriate,

(e)  the design of buildings is to have regard to the existing heritage character of a place, where applicable,

(f)  space allocated for vehicular entrances is to be minimised, with those entrances provided predominantly from lanes or centres of blocks,

(g)  residential buildings are to maximise the number of pedestrian entrances to the street,

(h)  visual impact of car parking is to be minimised by the use of underground parking, and by screening above-ground parking from the street by locating the parking behind other active uses on street, square, park or river frontages,

(i)  building bulk created by large unbroken expanses of wall is to be reduced by articulation and modulation,

(j)  retention of existing laneways and public accessways is to be encouraged.

26 Height of buildings

(1) Objectives for the control of height of buildings The objectives for the control of the height of buildings in the City Centre Precinct are as follows:

(a)  to allow sunlight access to key areas of the public domain by ensuring that:

(i)  further overshadowing of certain parks and community places is avoided or limited, and

(ii)  existing overshadowing of certain parks and community places is reduced in the long term,

(b)  to ensure structures and works adjoining parks and the river corridor are not overbearing,

(c)  to permit the most intensive high-scale development in immediate proximity to public transport nodes,

(d)  to require the height of future buildings to have regard to heritage sites, and their settings, their views and their visual interconnections,

(e)  to enable view sharing within the Parramatta City Centre,

(f)  to nominate heights which integrate with building heights in Special Areas,

(g)  to ensure that regard is had to the preservation of key identified historic views shown in the Parramatta Regional Planning Strategy, 1999.

(2) Height of buildings Height is the dominant control and has precedence over achievement of maximum floor space ratio for buildings in the City Centre Precinct.

The height of a building on any land is not to exceed the maximum height shown for the land on the City Centre Height Map, or, if the land is within a Special Area, the maximum height shown for the land on the City Centre Special Areas Map.

Any building on land in the Special Uses or Open Space zone is not to exceed a single storey in height.

(3) Sun access planes

(a)  All new buildings and additions or alterations to existing buildings must comply with the following sun access plane control established for the Civic Place site, the Lancer Barracks site and Jubilee Park, irrespective of the existing height of nearby buildings:

(i)  the erection of a building so that any part of the building is above the sun access plane shown on the sun access plane diagram is prohibited, unless that part of the building is a minor architectural roof feature,

(ii)  despite subparagraph (i), variation of the sun access plane control established for the Civic Place site may be accepted if:

(A)  the development generally complies with the design principles in the approved master plan for the site, and

(B)  the development fully complies with clause 28 (2) (i), and

(C)  at least 2 hours of solar access is provided to an area of not less than 6,000 square metres within the Civic Square, as shown on the map marked “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 10—Civic Place, Design Framework”, between 10 am and 2 pm during the winter solstice (22 June), and

(D)  it is demonstrated that any additional overshadowing of the Lancer Barracks site is confined to an area that is less than 10% of the total site area and that, in the opinion of the NSW Heritage Office and the consent authority, the additional overshadowing will not cause adverse impact on the heritage significance of the site, including its landscaping, nor the carrying out of activities and events on the site.

(b)  For the purposes of defining the sun access plane for the Civic Place site, the location of Civic Square will remain fixed up until such time as an application for its development is approved. Should consent be granted to the development of Civic Square, then all future development must comply with the sun access plane diagram based on the approved location.

(c)  The consent authority may grant its consent to modification of Civic Square only if it is satisfied that the proposal complies with clause 28 (2) (i) and will have sufficient solar access pursuant to paragraph (a) (ii).

Note—

Height controls reflect the sun access principle in all other public places.

cl 26: Am 14.3.2003.

27 Floor space ratios

(1) Objectives for floor space ratio controls The objectives for the maximum floor space ratios in the City Centre Precinct are as follows:

(a)  to provide sufficient development capacity to meet the Parramatta City Centre’s role,

(b)  to relate growth in development capacity to improvements in public transport and internal circulation, with densities highest on land at or near Parramatta Railway Station and decreasing with distance from that station,

(c)  to fix a maximum floor space ratio that provides for adequate open space, privacy between buildings, access for cars into and through the site, pedestrian through-site links and appropriate building addresses in the layout of the site,

(d)  to fix a maximum floor space ratio that provides adequately for balconies, lift shafts, car parking access and ramps, external wall thickness, environmental objectives of natural ventilation and sunlight access, and urban design objectives of facade and rooftop articulation, in the design of buildings.

(2) Maximum floor space ratios

(a)  The floor space ratio of buildings on land in the City Centre Precinct is not to exceed the maximum floor space ratio shown for the land on the City Centre Floor Space Ratio Map. The achievement of any floor space ratio is subject to compliance with the height controls and other provisions of this Plan.

(b)  Regardless of any other provision of this Plan, Council-owned land that is being used for public access purposes, roads or laneways at the appointed day is not to be considered in the calculation of floor space ratios for the purposes of this Plan. This paragraph does not apply to land for which a masterplan is required under this plan.

(c)  In addition, floor space must be distributed on Civic Place so that:

(i)  when averaged across the whole Civic Place site, the development will not constitute a floor space ratio greater than 5.3:1, and

(ii)  the development is generally consistent with the Master Plan Concept Design, particularly Figure 7.16 (Building Mass Diagram) of that Design, being that Design as incorporated in the master plan for Civic Place, and

(iii)  sufficient solar access is provided to Civic Square on the site, and

(iv)  it achieves the objectives for Civic Place as set out in clause 28 (2) (i).

cl 27: Am 10.8.2001; 14.3.2003.

28 Special Areas

(1) Objectives of the controls for Special Areas The general objectives of the controls for Special Areas are as follows:

(a)  to protect Special Areas from development incompatible with the particular character and significance of each Special Area,

(b)  to reinforce the specific attributes and qualities of the built form of each of the Special Areas.

(2) Development within Special Areas The consent authority, in considering a development application for land in or adjoining a Special Area within the City Centre Precinct, must have regard to the following:

(a)  Church Street North:

(i)  whether the development will reinforce the sense of arrival into historic Parramatta, from St Patricks Cemetery to Lennox Bridge, with continuous urban low-scale buildings and continuous street alignments,

(ii)  the extent to which the development will maintain identified views from Parramatta Park (the Crescent) and Old Government House towards the hills to the north, and views of St Patricks, St Peters, and All Saints Churches and the former Kings School,

(iii)  whether development adjacent to Prince Alfred Park reinforces the character of an urban park by encouraging appropriate surrounding uses and buildings to address the Park.

(b)  Prince Alfred Park:

(i)  whether the development will assist in establishing the Park as a major public place marking the northern end of the Church Street spine,

(ii)  the extent to which the development will maintain the views from Parramatta Park (the Crescent) and Old Government House towards the hills to the north, and views of St Patricks, St Peters and All Saints Churches and the former Kings School (Marsden Rehabilitation Centre),

(iii)  whether the development will reinforce the character of Prince Alfred Park as an urban park by encouraging appropriate surrounding uses and buildings to address the Park,

(iv)  whether development proposed adjacent to the Park will emphasise the formal layout of the Park and its monuments, with the formal siting of buildings to the street alignment and formal street tree planting,

(v)  whether the development is consistent with any conservation management plan for the Special Area available from the Heritage Office,

(vi)  whether the development takes advantage of opportunities to share car parking facilities in the Special Area, so as to reduce the overall number of car parking spaces required in that Area,

(vii)  whether the development improves pedestrian amenity and pedestrian links through the Special Area.

(c)  Church Street:

(i)  whether the development will enhance Church Street as the major historic north-south retail street and pedestrian spine from Victoria Road to the Great Western Highway,

(ii)  whether the development will maintain sunlight into the street, and existing narrow street frontages with low-scale building heights and a consistent street alignment,

(iii)  whether the development will encourage a diverse range of retail, dining, entertainment, civic and cultural activities to revitalise the central role of Church Street as a major pedestrian promenade in the public life of the City,

(iv)  whether the development assists in the recognition of the heritage value of existing buildings and public domain elements, by conserving and, where necessary, reinstating original facades, verandahs, awnings, kerbs and other historic elements,

(v)  the extent to which the development encourages a diverse range of retail and cultural activities to revitalise the central role of Church Street in the public life of the City,

(vi)  whether the development improves pedestrian links from Westfield Shoppingtown to Church Street Mall,

(vii)  for development of Westfield Shoppingtown, whether the way in which buildings address Church and Argyle Streets will be enhanced.

(d)  George Street:

(i)  whether the development recognises the historic role of George Street as the main east-west axis in the City and as a prestigious commercial address, and maintains and enhances historic views,

(ii)  whether the development retains the predominant existing 3 storey street frontage heights between Marsden Street and Harris Street,

(iii)  whether the development maintains pedestrian amenity and daylight access to the street, and avoids wind downdrafts by setting tall buildings back from the street frontage,

(iv)  whether development around heritage items is sympathetic development, and has due regard to their scale, materials and setting.

(e)  Civic Centre:

(i)  whether the development establishes a place which reflects the Primary Centre status of Parramatta and its historic identity and provides an appropriate gateway to the Central Business District,

(ii)  whether the development will improve the functioning of the railway station and its environs as a public transport interchange and will enhance the railway station and adjacent areas as major places of arrival to the Parramatta City Centre,

(iii)  whether the development improves pedestrian amenity with clear and easy access to and from the railway station,

(iv)  whether the development conserves and enhances St Johns Church, the Town Hall, Lancer Barracks and other heritage items, their settings, their visual connections and public views of them, in any redevelopment proposals in their vicinity,

(v)  the extent to which the development capitalises on the opportunity for redevelopment co-ordinated with the upgrading of public transport facilities.

(vi)    (Repealed)

(f)  City Edge River:

(i)  whether the development enhances and re-establishes Parramatta River as a major natural asset to the City, and re-establishes foreshore public land when new development occurs,

(ii)  whether buildings adjacent to the river address the river with high quality facades and entrances,

(iii)  whether the development retains building heights along the river which are consistent with the existing tree canopy,

(iv)  whether the development along the river maintains or re-establishes building setbacks that will have due regard to the scale of the river and provide adequate public foreshore open space,

(v)  whether the development maintains the opportunity to improve pedestrian access and foreshore landscaping, and interprets the important historical locations and views along the river, such as the landing place.

(g)  City Edge West:

(i)  whether the development creates a clear distinction between the City Centre built form and the open space of Parramatta Regional Park, with continuous high quality facades built to the alignments of O’Connell, Macquarie and Pitt Streets,

(ii)  whether the development enhances O’Connell, Macquarie and Pitt Streets as formal and prestigious addresses for major public and private sector buildings,

(iii)  whether the development maintains a consistent street frontage height in O’Connell, Macquarie and Pitt Streets to match the height of the Law Courts on the corner of George and O’Connell Streets,

(iv)  whether the development contributes to the heritage significance of St Johns Cemetery with an appropriately scaled setting, and maintains identified views to St Johns from Mays Hill, and along Hunter Street,

(v)  whether development on the corner of Pitt and Macquarie Streets recognises the importance of this corner site in relation to the entrance of Parramatta Regional Park.

(h)  City Edge East:

(i)  whether the development creates a clear distinction between the City Centre built form and the open space of Robin Thomas and James Ruse Reserves, with continuous high quality facades built to the alignment of Harris Street,

(ii)  whether the development maintains consistent street frontage heights and alignments on Harris Street.

(i)  Civic Place:
whether the development on the Civic Place site:

(i)  is generally consistent with the master plan for Civic Place, in particular the principles in Parts C and D of the master plan, and

(ii)  provides a safe pedestrian orientated public square with an area of at least 6,000 square metres with an east-west axis, incorporating public art, seating and other street furniture, lighting, directional signage, paving, water features and landscaping, and

(iii)  provides safe and accessible east-west at-grade and north-south through-site pedestrian links, and provides clear and easy at-grade access to the railway station, and

(iv)  provides an adequate building curtilage, and is of an appropriate scale and bulk, so as to not adversely impact upon the visual prominence and heritage significance of heritage items on, and adjacent to, the site, and

(v)  provides north-south and east-west public view corridors to St Johns Church, the Town Hall, Lancer Barracks and Leigh Memorial Church, and

(vi)  provides sufficient solar access to Civic Square, and to adjacent properties, and

(vii)  provides an at-grade east-west public access zone to the north of the building at the Smith and Darcy Street corner and the south of the Parramatta Town Hall, and

(viii)  includes satisfactory plans, timetable and outline of legally binding instruments that will ensure that a high quality public domain will be delivered prior to occupation of the new buildings, and

(ix)  will ensure that less than 40% of the total floor area on the Civic Place site is given over to residential use, and

(x)  will ensure that more than 40% of the total floor area on the Civic Place site is given over to commercial office space, and

(xi)  provides community, leisure and entertainment facilities that are consistent with the master plan framework and that have prominent pedestrian entry points from Civic Square and a strong ground level presence, and

(xii)  is designed to achieve visual and acoustic privacy to the working and living areas of the building while allowing for surveillance of the public domain, and

(xiii)  establishes a place that reflects the Primary Centre status of Parramatta and has an identity and heritage values that provide an appropriate gateway to the Central Business District, and

(xiv)  will complement the functioning of the railway station and public transport interchange and minimises potential impacts on public transport access and patronage through the appropriate location of vehicular access and egress points, the identification of carpark management procedures, the appropriate restriction and allocation of on-site carparking, the identification and implementation of principles for the promotion of public transport access to future users of the site, and the implementation of the Traffic Management Plan, and

(xv)  will enhance Church Street as the major historic north-south retail street and pedestrian spine and will ensure that uses on the site promote the future economic viability and vitality of the Church Street retail spine, and

(xvi)  will maintain sunlight into Church Street through the retention of low scale building heights at Church Street and appropriate massing and location of taller buildings behind, and

(xvii)  comprises buildings of exceptional architectural merit, that are articulated, visually interesting, innovative, energy efficient and water efficient and that respond to, and are sympathetic to, heritage buildings on and in the vicinity of the site, and

(xviii)  provides an adequate distance of separation between the proposed towers at the south-eastern edge of the site so as to ensure that building mass is adequately broken up, and

(xix)  uses materials that are robust, and combined with the proposed colour scheme, recognise the heritage significance of the site, and that complement the exceptional architectural merit of the new buildings, and

(xx)  is generally consistent with the map marked “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 10—Civic Place, Design Framework”, and

(xxi)  undertakes a wind analysis to ensure that wind tunnel effects are appropriately minimised through the design and orientation of buildings.

(3) Building heights in Special Areas The height of a building on any land within a Special Area is not to exceed the height shown for the Special Area on the Special Areas Height Map.

cl 28: Am 10.8.2001; 14.3.2003; 2004 No 55, Sch 2.39 [1].

Part 4 Precinct 2—Harris Park Precinct

Division 1 Aims of Part 4

29 Aims of Part 4

The aims of this Part are as follows:

(a)  to conserve the significance of heritage items, their settings, historic subdivisions, conservation areas, identified views and sites of national significance, and to facilitate the preservation of those areas and sites and their presentation as an important cultural tourist attraction,

(b)  to maintain the role, and improve the amenity of, Harris Park Precinct as an important residential area close to the Parramatta City Centre, providing a range of different housing types and supporting land uses,

(c)  to protect and enhance the unique visual qualities of the Parramatta River by ensuring that development along the foreshore is of a scale and character in keeping with its foreshore location, and to maximise public access to, and use of, foreshore land,

(d)  to maintain existing commercial and industrial areas and encourage low to medium-rise buildings that are compatible with surrounding residential land uses,

(e)  to achieve environmental management best practice that protects and promotes the natural assets of the Harris Park Precinct,

(f)  to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(g)  to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Clay Cliff Creek corridors.

cl 29: Am 5.12.2003.

Division 2 Zoning

pt 4, div 2, hdg: Subst 20.7.2001.

pt 4, div 2: Ins 20.7.2001.

29A Land use zones and explanation

The following land use zones for land within the Harris Park Precinct are shown on the Harris Park Precinct Zoning Map:

(a)  Residential 2 (a)—low density residential zone with predominantly detached dwellings and supporting community land uses,

(b)  Residential 2 (b)—medium density residential zone which provides for a variety of housing types (but not residential flat buildings) with supporting community and commercial land uses,

(c)  Residential 2 (c)—medium density residential zone which encourages a variety of housing types including residential flat buildings, with supporting community and commercial land uses,

(d)  Residential 2 (e)—applies to land which is flood-affected. Only low density residential development is allowed. This zone is considered an interim measure designed to manage flood risk until more detailed information is available about the level of risk,

(e)  Business—retail, commercial and support services for residents,

(f)  Light Industrial—light industrial uses that are compatible with surrounding residential development and provide local employment opportunities,

(g)  James Ruse Drive Mixed Use—land adjacent to James Ruse Drive and identified for higher density residential development and also serviced apartments and motels,

(h)  Special Uses—land identified for a range of special uses that are provided by public authorities or community organisations,

(i)  Open Space—land identified for public open space and community facilities,

(j)  Private Open Space—land identified for private open space and community facilities.

cll 29A–29G: Ins 20.7.2001.

29B Residential 2 (a) zone

(1) Objectives of the Residential 2 (a) zone The objectives of the Residential 2 (a) zone are as follows:

(a)  to preserve the amenity, scale and character of existing low-density houses in treed garden settings,

(b)  to ensure that new building forms, including alterations and additions, are in scale and character with surrounding original development,

(c)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Residential 2 (a) zone Development controls for the Residential 2 (a) zone are as follows:

(a)  Within the Residential 2 (a) zone, exempt development and development for the purpose of the following may be carried out without development consent:

home activities.

(b)  Within the Residential 2 (a) zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

alterations and additions to dwelling houses; bed and breakfasts; boarding houses containing not more than 5 bedrooms (including bedrooms in the manager’s residence); child care centres; community facilities; dual occupancies (other than on the site of a heritage item or within a heritage conservation area); dwelling houses; educational establishments; medical consulting rooms; places of public worship; recreation facilities; stables on the land bounded by James Ruse Drive, Oak Street, Arthur Street and A’Becketts Creek.

In addition, within the Harris Park West Conservation Area:

professional office suites; refreshment rooms; shops.

(c)  Any other development is prohibited within the Residential 2 (a) zone.

cll 29A–29G: Ins 20.7.2001.

29C Residential 2 (b) zone

(1) Objectives of the Residential 2 (b) zone The objectives of the Residential 2 (b) zone are as follows:

(a)  to provide for a variety of housing types, including multi-unit residential development (but not residential flat buildings),

(b)  to ensure that all new development is in scale and character with surrounding residential development and does not detract from the amenity enjoyed by nearby residents, or the existing quality of the surrounding environment,

(c)  to allow limited opportunities for non-residential development which provides support services for residents and is of a type and scale that is compatible with existing or planned residential development,

(d)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Residential 2 (b) zone

(a)  Within the Residential 2 (b) zone, exempt development and development for the purpose of the following may be carried out without development consent:

home activities.

(b)  Within the Residential 2 (b) zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

alterations and additions to dwelling houses; bed and breakfasts; boarding houses; child care centres; community facilities; dual occupancies; dwelling houses; educational establishments; hospitals; local shops; medical consulting rooms; multi-unit housing (but not residential flat buildings); nursing homes; places of public worship.

(c)  Any other development is prohibited within the Residential 2 (b) zone.

cll 29A–29G: Ins 20.7.2001.

29D Residential 2 (c) zone

(1) Objectives of the Residential 2 (c) zone The objectives of the Residential 2 (c) zone are as follows:

(a)  to encourage a variety of housing types, including multi-unit residential development,

(b)  to ensure that all new development is in scale and character with surrounding residential development and does not detract from the amenity enjoyed by nearby residents, or the existing quality of the surrounding environment,

(c)  to allow limited opportunities for non-residential development which provides support services for residents and is of a type and scale that is compatible with existing or planned residential development,

(d)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Residential 2 (c) zone

(a)  Within the Residential 2 (c) zone, exempt development and development for the purpose of the following may be carried out without development consent:

home activities.

(b)  Within the Residential 2 (c) zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

alterations and additions to dwelling houses; bed and breakfasts; boarding houses; child care centres; community facilities; dual occupancies; dwelling houses; educational establishments; hospitals; local shops; medical consulting rooms; multi-unit housing; nursing homes; places of public worship; serviced apartments.

(c)  Any other development is prohibited within the Residential 2 (c) zone.

cll 29A–29G: Ins 20.7.2001.

29E Residential 2 (e) zone

(1) Objectives of the Residential 2 (e) zone The objectives of the Residential 2 (e) zone are as follows:

(a)  to limit the erection of structures on land subject to flood inundation,

(b)  to identify land that is subject to flood inundation and is considered to be unsuitable for intensification of development,

(c)  to ensure that the effect of inundation is not increased through development,

(d)  to ensure that all new development is in scale and character with surrounding residential development and does not detract from the amenity enjoyed by nearby residents, or the existing quality of the surrounding environment,

(e)  to allow limited opportunities for non-residential development which provides support services for residents and is of a type and scale that is compatible with existing residential development,

(f)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Residential 2 (e) zone

(a)  Within the Residential 2 (e) zone, exempt development and development for the purpose of the following may be carried out without development consent:

home activities.

(b)  Within the Residential 2 (e) zone, subdivision (but only if no additional lots are created) and development for the purpose of the following may be carried out, but only with development consent:

alterations and additions to dwelling houses; dwelling houses.

(c)  Any other development is prohibited within the Residential 2 (e) zone.

cll 29A–29G: Ins 20.7.2001.

29F Business zone

(1) Objectives of the Business zone The objectives of the Business zone are as follows:

(a)  to provide opportunities for low scale retail and commercial development which supports surrounding residential development,

(b)  to encourage the integration of commercial centres with public transport and pedestrian networks,

(c)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Business zone

(a)  Within the Business zone, exempt development and development for the purpose of the following may be carried out without development consent:

home activities.

(b)  Within the Business zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

advertisements; advertising structures; amusement centres; bed and breakfasts; boarding houses; brothels; child care centres; clubs; commercial premises; community facilities; dwellings used in conjunction with another land use allowed with consent in this zone; educational establishments; hotels; medical centres; motels; multi-unit housing; places of assembly; places of public worship; public buildings; recreation areas; recreation facilities; refreshment rooms; restricted premises; service stations; serviced apartments; shops; shop-top housing.

(c)  Any other development is prohibited within the Business zone.

cll 29A–29G: Ins 20.7.2001.

29G Light industrial zone

(1) Objectives of the Light Industrial zone The objectives of the Light Industrial zone are as follows:

(a)  to provide for appropriate forms of industrial development, including the display and sale of bulky goods and motor-oriented activities, which will contribute to the economic and employment growth of the area,

(b)  to ensure that development is carried out in a manner which does not detract from the amenity enjoyed by residents in neighbouring localities, from the commercial viability of commercial zones in the Harris Park Precinct and the Parramatta City Centre or from the efficient operation of the road system,

(c)  to ensure that the scale, design and materials of construction, and the nature of development, contribute positively to the visual quality of the locality,

(d)  to allow for and improve public access along the foreshore of the Parramatta River,

(e)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Light Industrial zone

(a)  Within the Light Industrial zone, exempt development may be carried out without development consent.

(b)  Within the Light Industrial zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

advertisements; advertising structures; brothels; bulky goods retailing; car repair stations; child care centres; commercial signs; depots; dwellings used in conjunction with another land use which is permissible in the zone; equipment hire centres; light industries; local shops; motor showrooms; places of assembly; places of public worship; public buildings; recreation areas; recreation facilities; service stations; warehouses or distribution centres.

(c)  Any other development is prohibited within the Light Industrial zone.

cll 29A–29G: Ins 20.7.2001.

29H James Ruse Drive Mixed Use zone

(1) Objectives of the James Ruse Drive Mixed Use zone The objectives of the James Ruse Drive Mixed Use zone are as follows:

(a)  to recognise the problems associated with the location of existing dwelling houses directly adjacent to James Ruse Drive, and to encourage land use activities which are more compatible to the location,

(b)  to ensure that new development does not detract from the character and visual quality of surrounding residential development or of nearby historic places, including Elizabeth Farm, or from the amenity enjoyed by nearby residents,

(c)  to provide for land uses which support the activities of the nearby Rosehill Racecourse,

(d)  to enhance James Ruse Drive as an important gateway to Parramatta,

(e)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part,

(f)  to ensure that development does not detract from the efficient operation of the road system.

(2) Development within the James Ruse Drive Mixed Use zone

(a)  Within the James Ruse Drive Mixed Use zone, exempt development and development for the purpose of the following may be carried out without development consent:

home activities.

(b)  Within the James Ruse Drive Mixed Use zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

dwellings; home activities; motels; multi-unit housing; professional office suites; serviced apartments; stables.

(c)  Any other development is prohibited within the James Ruse Drive Mixed Use zone.

cl 29H: Ins 20.7.2001. Am 1.3.2002.

29I Special Uses zone

(1) Objectives of the Special Uses zone The objectives of the Special Uses zone are as follows:

(a)  to facilitate certain development on land which is used by public authorities, institutions or organisations to provide community facilities, services, utilities or transport facilities, being the primary use for the land specified on the Harris Park Precinct Zoning Map,

(b)  to allow other ancillary development which is incidental to the primary use for the land,

(c)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Special Uses zone

(a)  Within the Special Uses zone, exempt development may be carried out without development consent.

(b)  Within the Special Uses zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

the particular land use indicated by red lettering on the Harris Park Precinct Zoning Map.

(c)  Any other development is prohibited within the Special Uses zone.

cll 29I–29L: Ins 20.7.2001.

29J Open Space zone

(1) Objectives of the Open Space zone The objectives of the Open Space zone are as follows:

(a)  to enable development of land for the purpose of open space and recreation and to facilitate continued provision or enhancement of parks, community facilities, and support facilities, utilised by the community,

(b)  to enable other low-scale ancillary, incidental or related uses which will encourage the enjoyment of land zoned for open space, whilst not significantly restricting public access,

(c)  to encourage the retention and enhancement of open space links along the Parramatta River foreshore,

(d)  to encourage the retention and enhancement of open space links between Elizabeth Farm House, Experiment Farm Cottage, Hambledon Cottage and the Parramatta River foreshore, and facilitate or enhance the views and public access between the historic places in the precinct,

(e)  to facilitate public access to land and buildings within this zone,

(f)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Open Space zone

(a)  Within the Open Space zone, exempt development and development for the purpose of the following may be carried out without development consent:

gardening or bushfire hazard reduction; landscaping; maintenance works.

(b)  Within the Open Space zone, development for the purpose of the following may be carried out, but only with development consent:

amenity buildings; artworks; bicycle hire; boat hire and boat launching; child care centres; community facilities; identifying or interpretive signage ancillary to another use allowed on the site; kiosks; outdoor eating areas linked to kiosks within the zone or restaurants in adjoining zones; recreation areas; water based entertainment facilities.

(c)  Any other development is prohibited within the Open Space zone.

(3) Open Space reservation Land within this zone shown reserved for open space on the Harris Park Precinct Zoning Map is to be acquired by the public authority indicated on that map on receipt of a written request from the owner of the land.

cll 29I–29L: Ins 20.7.2001.

29K Private Open Space zone

(1) Objectives of the Private Open Space zone The objectives of the Private Open Space zone are as follows:

(a)  to enable the development of private land for the purpose of recreation, and for other ancillary, incidental or related uses which will encourage the provision of community facilities,

(b)  to ensure that new building forms are in scale and character with surrounding development and do not detract from the amenity enjoyed by nearby residents or the existing quality of the surrounding environment,

(c)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Private Open Space zone

(a)  Within the Private Open Space zone, exempt development and development for the purpose of the following may be carried out without development consent:

gardening or bushfire hazard reduction; landscaping; maintenance works.

(b)  Within the Private Open Space zone, subdivision and development for the purpose of the following may be carried out, but only with development consent:

advertisements; car parking; child care centres; clubs; community facilities; entertainment facilities; kiosks; recreation areas; recreation facilities; refreshment rooms.

(c)  Any other development is prohibited within the Private Open Space zone.

cll 29I–29L: Ins 20.7.2001.

29L Land reserved for road widening

Land shown reserved for road widening on the Harris Park Precinct Zoning Map is to be acquired by the public authority indicated on that map on receipt of a written request from the owner of the land.

cll 29I–29L: Ins 20.7.2001.

Division 3 Building design controls

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29M Urban design

Development is to seek to achieve the following urban design objectives, and consent must not be granted for the carrying out of development unless the consent authority has given consideration to these objectives:

(a)  generally:

(i)  the main entries of buildings are to address the street, and multi-unit residential buildings are to maximise the number of pedestrian entrances to the street,

(ii)  any facade of a building which is clearly visible from a major public place such as a street, a park, or the river shall be designed to address that place,

(iii)  buildings are to be designed with regard to the features of adjoining buildings and works with transitions of height, massing and scale where appropriate,

(iv)  new buildings shall sit parallel to the street,

(v)  space allocated for vehicular entrances is to be minimised, with those entrances provided, if possible, from laneways,

(vi)  the width and surface area of driveways and other hard surfaces associated with the movement and parking of vehicles shall be minimised,

(vii)  the visual impact of car parking is to be minimised. Except in the Residential 2 (a) and Residential 2 (b) zones, this shall be achieved by the use of underground carparking, and by screening above-ground parking from the street by locating the parking behind other active uses on street, park or river frontages,

(viii)  building bulk created by large unbroken expanses of wall is to be reduced by articulation and modulation, particularly where facing a public place such as a street, a park, or the river,

(ix)  the retention (and widening where possible) of existing laneways and public accessways is to be encouraged,

(b)  in low-density residential zones:

(i)  the predominant pattern of individual houses on individual blocks of land within treed garden settings is to be maintained,

(ii)  new buildings shall have front and side setbacks similar to the majority of existing buildings in the street,

(iii)  new buildings or extensions to existing buildings shall have roofs which are similar to those in the vicinity in terms of their pitch and form, with recognition being given to the predominance of roofs in many areas which are pitched between 25 and 45 degrees,

(iv)  garages and other structures designed to accommodate vehicles shall not dominate in their scale and siting and shall be located behind the building line,

(c)  in heritage conservation areas:

(i)  new buildings shall be designed to minimise the impact on the existing pattern and character of development, and should be no higher than the majority of existing buildings in the vicinity,

(ii)  alterations and additions shall be designed to minimise the impact on the existing building and on the existing pattern and character of development, shall generally be to the rear of the existing building, and should have a ridge no higher than the existing building,

(iii)  new buildings or alterations and additions shall use materials which are sympathetic to the existing materials. Regard is to be had to the type of material, its colour, texture and reflectivity, and finishes,

(iv)  garages and other structures designed to accommodate vehicles shall be located to the rear of the property,

(v)  views between buildings, where they exist, should be maintained,

(d)  special recognition is to be given to the need to create a strong, unified and visually attractive character for James Ruse Drive, enhancing its role as an important gateway to Parramatta,

(e)  for land south of Clay Cliff Creek between Parkes Street and Alfred Street:

(i)  the height of any buildings shall be limited, such that there is no greater visual impact than that provided by existing buildings, as seen from the grounds of Hambledon Cottage and from Gregory Place, and

(ii)  landscaping shall be used to reduce the visual impact of development as seen from the grounds of Hambledon Cottage and from Gregory Place.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29N Special Areas

Note—

The Special Areas are identified on the Harris Park Precinct Special Areas Map.

(1) Objectives for the controls for Special Areas The objectives of the controls for Special Areas are as follows:

(a)  to protect Special Areas from development incompatible with the particular character and significance of each Special Area,

(b)  to reinforce the specific attributes and qualities of each of the Special Areas,

(c)  to conserve the heritage significance of the Area of National Significance, as defined for the purposes of this Plan, including its heritage items and their settings, historic subdivision pattern and identified views, by ensuring that new building forms, including alterations and additions, have due regard to the scale, siting, bulk and materials of nearby original development,

Note—

Refer to the Statement of Significance in Appendix 4 of the Parramatta Regional Planning Strategy 1999.

(d)  to ensure that the Area of National Significance retains its predominant character of dwelling houses within a treed garden setting,

(e)  to enhance and re-establish Parramatta River as a major natural asset to Harris Park,

(f)  to retain and enhance links between historic places,

(g)  to enhance James Ruse Drive as an important gateway to Parramatta.

(2) Development within the Area of National Significance

(a)  Before granting consent for development within the Special Area referred to in this Plan as the Area of National Significance, the consent authority must be satisfied that:

(i)  the scale, form, siting, materials and use of new development will not adversely affect the heritage significance of the Area of National Significance, and

(ii)  the existing allotment and development pattern, and the natural landform of the Area of National Significance will be maintained, and

(iii)  the original course of Clay Cliff Creek (as shown on the Harris Park Precinct Zoning Map) will be re-established or, if that is not reasonably practicable, permanent evidence of its original course will be provided by way of signs or other interpretative aids.

(b)  When determining the effect of proposed development on the heritage significance of the Area of National Significance, as required by paragraph (a), the consent authority must take into consideration the following:

(i)  the impact that the proposed development will have on the heritage significance of the Area of National Significance, including consideration of the size, shape, height, siting, setbacks and materials of the proposed buildings or works, and the pitch and form of the roof,

(ii)  the impact that the proposed development will have on the settings of Elizabeth Farm House, Experiment Farm Cottage and Hambledon Cottage,

(iii)  whether the proposed development will adversely affect the existing views into and out of the sites of Elizabeth Farm House, Experiment Farm Cottage and Hambledon Cottage, the Female Orphan School (University of Western Sydney Rydalmere Campus), the Parramatta River corridor and the Pennant Hills open space ridge line,

(iv)  the advice of the consent authority’s heritage adviser or of another person with appropriate skills and experience about the impact of the proposed development on the heritage significance of the Area of National Significance and whether any variation of the proposed development could be made to minimise that impact,

(v)  if, in the opinion of that heritage adviser or other person, the proposed development should be referred to the National Trust or the Historic Houses Trust, any comments received from either of these bodies within 21 days of notice of the proposed development being given to it,

(vi)  the impact of the proposed development on the known or potential archaeological significance of the site.

(3) Development within the Harris Park River Special Area Before granting consent for development within the Harris Park River Special Area, the consent authority must have regard to the following:

(a)  whether all reasonable opportunities to re-establish foreshore public land are taken up,

(b)  whether the development retains and enhances open space links along the Parramatta River foreshore,

(c)  whether the development retains and enhances open space links between Elizabeth Farm House, Experiment Farm Cottage, Hambledon Cottage and the Parramatta River foreshore, and facilitates or enhances the views and public access between the historic places in the Harris Park Precinct,

(d)  whether buildings adjacent to the River address the River with high quality facades and entrances,

(e)  whether the scale of buildings along the River will not dominate the topographical features of the River landscape,

(f)  whether the proposal maintains and re-establishes building setbacks along the River,

(g)  whether the development improves foreshore landscaping and makes apparent the settings of the important historic places and views along the river, such as the Queens Wharf.

(4) Development within the Football Estate Special Area

(a)  Before granting consent for development within the Football Estate Special Area, the consent authority must be satisfied that the existing character and heritage significance of the area (as described in the Statement of Significance in Appendix 3 of the Parramatta Regional Planning Strategy 1999) is retained, including consideration of the following:

(i)  the scale, form, siting, materials and use of new development,

(ii)  the existing allotment and development pattern, and the natural landform of the area,

(iii)  the retention of the landscaped open space area identified on the Harris Park Precinct Design Control Map as a “no build area”,

(iv)  whether any new buildings in the Residential 2 (b) zone are stepped down with the slope of the site.

(b)  Despite any other provision of this Plan, no part of any building may be constructed to intrude into the area identified by stipple on the Harris Park Precinct Design Control Map.

(5) Development within the James Ruse Drive Special Area Before granting consent for development within the James Ruse Drive Special Area, the consent authority must be satisfied that the development:

(a)  contributes to a strong, unified and visually attractive character for James Ruse Drive, enhancing its role as an important gateway to Parramatta, and

(b)  allows for a 5 metre wide landscaped buffer along James Ruse Drive, and

(c)  utilises construction materials and design techniques which address the impacts arising from James Ruse Drive, and

(d)  does not detract from the character and visual quality of surrounding residential development or of nearby historic places, or from the amenity enjoyed by nearby residents, and

(e)  does not detract from the efficient operation of the road system, and

(f)  has vehicular access via local roads and not directly off James Ruse Drive.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29O Height of buildings

(1) Objectives for the control of height of buildings The objectives for the control of height of buildings in the Harris Park Precinct are as follows:

(a)  to maintain (and reinstate, where possible) the identified views of the Area of National Significance, into and out of the sites of Elizabeth Farm House, Experiment Farm Cottage and Hambledon Cottage, the Female Orphan School (University of Western Sydney Rydalmere Campus), the Parramatta River corridor and the Pennant Hills open space ridge line,

(b)  to reinforce the existing character and scale of residential areas.

(2) Height of buildings

(a)  The height of a building or structure on any land in the Harris Park Precinct is not to exceed the height shown for the land on the Harris Park Precinct Height Map.

(b)  Notwithstanding paragraph (a), any building on land zoned Open Space or Special Uses—Historic Building on the Harris Park Precinct Zoning Map shall not be more than a single storey high.

(c)  Notwithstanding paragraph (a), the maximum height of buildings or structures on land south of Clay Cliff Creek between Parkes Street and Alfred Street shall only be achieved where it can be demonstrated that the building or structure will not dominate the topographical features of the River landscape.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29P Floor space ratios

(1) Objectives for floor space ratio controls The objectives for maximum floor space ratios in the Harris Park Precinct are as follows:

(a)  to control the scale, bulk and intensity of new buildings within the Residential 2 (c) zone,

(b)  to ensure a degree of equity in relation to building potential for sites of different sizes and for sites located in different parts of the Harris Park Precinct,

(c)  to regulate the density of development and generation of vehicular and pedestrian traffic.

(2) Floor space ratios The floor space ratio of buildings on land in the Harris Park Precinct is not to exceed the maximum floor space ratio shown on the Harris Park Precinct Design Control Map. The achievement of any floor space ratio is subject to compliance with the height controls and all other provisions of this Plan.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29Q Minimum frontage

(1) Objectives for minimum frontage controls The objective for minimum frontage controls in the Harris Park Precinct is to achieve new development in the form of multi-unit housing which:

(a)  provides sufficient block width to facilitate good building design, and

(b)  addresses the street.

(2) Minimum frontage No land can be developed for the purposes of multi-unit housing unless the land on which the development takes place has a street frontage with a minimum width of 18 metres.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29R Minimum allotment size

(1) Objectives for minimum allotment size controls The objectives for minimum allotment size controls in the Harris Park Precinct are as follows:

(a)  to retain the character and amenity of residential areas,

(b)  to retain historic subdivision patterns,

(c)  to maintain residential development within the environmental capacity of the land.

(2) Minimum allotment sizes The controls for minimum allotment size are as follows:

(a)  a dwelling house shall not be erected in any residential zone on an allotment of land which has an area of less than 550 square metres or a width of less than 12 metres at the street alignment,

(b)  a dual occupancy development shall not be erected in any residential zone on land which has an area of less than 600 square metres,

(c)  nothing in paragraph (a) prevents the consent authority from consenting to the erection of a dwelling house on a parcel of land if such a parcel existed as a separate parcel on 9 March 1979,

(d)  for the purpose of calculating the area of a lot created by a subdivision, the access corridor shall not be included in the calculation of site area.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29S Roof design

(1) Objectives for roof design controls The objectives for roof design controls are as follows:

(a)  to maximise opportunities for solar access in residential areas,

(b)  to retain space and views between buildings in residential areas,

(c)  to ensure that the roofs of new buildings in residential areas are compatible with existing roofs in the area in terms of their pitch, form and design detail,

(d)  to allow for existing and new buildings to accommodate attics within the roof space,

(e)  to ensure that, where attics are proposed to be accommodated within existing roofs, the existing appearance of the roof is altered as little as possible.

(2) Roof design The controls for roof design are as follows:

(a)  within the Area of National Significance, as defined for the purposes of this Plan, the predominant roof form of all new single dwellings, and all new multi-unit dwellings (except residential flat buildings), shall have a pitch of between 25 degrees and 45 degrees,

(b)  where windows and skylights are used to allow ventilation and natural light into an attic, these must be flat and sit parallel to the roof where they are located on the front and side elevations of the building. Consent may be granted for dormer windows and the like located to the rear of the building only,

(c)  where attics are created within an existing roof shape, the shape of the roof must not be altered, except in accordance with paragraph (b),

(d)  for new buildings or extensions to existing buildings which include an attic, the roof in which the attic is contained must be pitched from the top of the external wall at a maximum pitch of 45 degrees.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29T Landscape controls

(1) Objectives for landscape controls The objectives for landscape controls in the Harris Park Precinct are as follows:

(a)  to retain and enhance the character of the area as one of predominantly low density residential development within treed garden settings, and with views between buildings and to significant historic places,

(b)  to help conserve the heritage significance of heritage conservation areas and of the Area of National Significance (as described in the Statements of Significance in Appendix 3 and Appendix 4, respectively, of the Parramatta Regional Planning Strategy 1999),

(c)  to provide high-quality private open space for residents for recreational purposes,

(d)  to contribute to effective management of stormwater, biodiversity and energy efficiency, and

(e)  to improve visual amenity.

(2) Landscape controls

(a)  The consent authority must not consent to development on land shown hatched on the Harris Park Precinct Design Control Map which will result in a landscaped area (as defined in this Plan) of less than 45% of the site area, or 30% of the site area, whichever minimum is shown for the land on the Harris Park Precinct Design Control Map.

(b)  The consent authority must not consent to development on land elsewhere in the Harris Park Precinct without consideration being given to landscape controls within any relevant development control plan.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

29U Advertisements and advertising structures

(1) Objectives for advertisements and advertising structures The objectives for controls for advertisements and advertising structures in the Harris Park Precinct are as follows:

(a)  to ensure that advertisements and advertising structures do not adversely affect visual amenity within the Area of National Significance, as defined for the purposes of this Plan,

(b)  to ensure that advertisements and advertising structures do not adversely affect the heritage significance of that Area of National Significance, including views into and out of historic places.

(2) Controls for advertisements and advertising structures Despite clause 59 (What is exempt development?), advertisements and advertising structures within the Area of National Significance:

(a)  may only display a message relating to the premises on which they are situated, and

(b)  shall be no higher than the building to which they relate, and

(c)  may be free-standing only if within the light industrial zone and, if not, must be attached to the building to which they relate.

pt 4, div 3 (cll 29M–29U): Ins 20.7.2001.

Part 5 Precinct 3—Government Precinct

Division 1 Aims of Part 5

30 Aims of Part 5

The aims of this Part are as follows:

(a)  to conserve, enhance and promote the national heritage significance of the Precinct,

(b)  to recognise and increase the Precinct’s role as a community and recreational resource for the people of Parramatta and Western Sydney,

(c)  to improve public access to, and ensure the Precinct forms an extension to, the civic/public spaces of Parramatta City, including access to and along the Parramatta River,

(d)  to enhance opportunities for future development of appropriate sites, particularly the North Parramatta Government Sites,

(e)  to facilitate opportunities for public transport linking the North Parramatta Government Sites to Westmead and the City Centre,

(f)  to achieve environmental management best practice that protects and promotes the natural assets of the Government Precinct,

(g)  to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(h)  provided there is no conflict with heritage values, to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Darling Mills Creek corridors.

cl 30: Am 5.12.2003.

Division 2 Zoning

31 Land use zones and explanation

The following land use zones for land within the Government Precinct are shown on the Government Precinct Zoning Map:

(a)  Regional Park—applies to Parramatta Park, and is primarily a public recreation and heritage conservation zone,

(b)  Parramatta Stadium—allows a stadium and a range of recreational, educational and entertainment uses,

(c)  Transport—applies to existing and future uses related to transport and access, including road, rail and related transport services,

(d)  North Parramatta Mixed Use—applies to the North Parramatta Government Sites and allows a mix of uses that provides for residential and home business uses, diverse commercial, community and tourist and recreational land uses, and a range of neighbourhood support services, while ensuring heritage conservation,

(e)  Private Open Space—land identified for private open space and community facilities.

32 Regional Park zone

(1) Objectives of the Regional Park zone The objectives of the Regional Park zone are as follows:

(a)  to identify lands which are trust lands under the Parramatta Park Trust Act 2001, and

(b)  to allow for the management and appropriate use of that land as provided for in or under the Parramatta Park Trust Act 2001.

(2) Development within the Regional Park zone Development controls for the Regional Park zone are as follows:

(a)  development for the purpose of any land use authorised by or under the Parramatta Park Trust Act 2001 and any land use ordinarily incidental or ancillary to any such land use may be carried out without development consent,

(b)  any other development is prohibited within the Regional Park zone.

cl 32: Am 14.3.2003.

33 Parramatta Stadium zone

(1) Objectives of the Parramatta Stadium zone The objectives of the Parramatta Stadium zone are to allow a stadium and to allow a range of associated uses.

(2) Development within the Parramatta Stadium zone Development controls for the Parramatta Stadium zone are as follows:

(a)  Within the Parramatta Stadium zone, exempt development and development for the purpose of the following may be carried out without development consent:

gardening; landscaping (including tree planting, repaving and replacement of street furniture); maintenance works.

(b)  Within the Parramatta Stadium zone, development for the purpose of the following may be carried out, but only with development consent:

educational, cultural or community activities; exhibitions; public entertainment; recreation areas; stadiums.

(c)  Any other development is prohibited in the Parramatta Stadium zone.

34 Transport zone

(1) Objectives of the Transport zone The objectives of the Transport zone are as follows:

(a)  to facilitate the continued operation of road and related transport services, and rail and related transport services,

(b)  to provide for the efficient operation of public transport,

(c)  to facilitate the future growth of the transport network.

(2) Development within the Transport zone Development controls for the Transport zone are as follows:

(a)  Within the Transport zone, exempt development and development for the purpose of the following may be carried out without development consent:

landscaping; maintenance works.

(b)  Within the Transport zone, development for the purpose of the following may be carried out, but only with development consent:

public transport facilities; public utility undertakings; railways; roads; workshops.

(c)  Any other development is prohibited within the Transport zone.

35 North Parramatta Mixed Use zone

(1) Objectives of the North Parramatta Mixed Use zone The objectives of the North Parramatta Mixed Use zone are as follows:

(a)  to conserve heritage items by encouraging adaptive reuse of heritage items that is consistent with their settings, and to maintain and enhance their cultural landscape setting, while allowing additional compatible uses,

(b)  to permit diverse forms of development which provide opportunities for a range of private and public uses,

(c)  to ensure energy and water efficient design, minimise pollution and conserve the landscape,

(d)  to develop the transportation network for the Government Precinct and ensure contributions to public transport, bicycle and pedestrian facilities and services,

(e)  to establish a highly attractive area to live and work in, and for recreation, tourist use and enjoyment.

(2) Development within the North Parramatta Mixed Use zone Development controls for the North Parramatta Mixed Use zone are as follows:

(a)  Within the North Parramatta Mixed Use zone, exempt development may be carried out without development consent.

(b)  Within the North Parramatta Mixed Use zone, development for the purpose of the following may be carried out, but only with development consent:

advertisements and advertising structures; amusement centres; backpackers’ accommodation; bed and breakfasts; boarding houses; car parking stations; child care centres; commercial premises; community facilities; dwelling-houses; dual occupancies; educational establishments; home activities; kiosks; light industries; medical consulting rooms; multi-unit housing; places of public worship; recreation areas; refreshment rooms; shops.

(c)  Commercial premises within the Development and Conservation Special Area may only be in a building at ground level and below residential development.

(d)  Development for the purpose of the following, in addition to development described in paragraph (b), may be carried out within a building that is a heritage item or within the Adaptive Reuse Special Area, but only with development consent:

clubs; entertainment facilities; hospitals; hotels; motels; recreation facilities; serviced apartments; tourist facilities.

(e)  Any other development is prohibited within the North Parramatta Mixed Use zone.

36 Private Open Space zone

(1) Objectives of the Private Open Space zone The objectives of the Private Open Space zone are as follows:

(a)  to enable the development of private land for the purpose of recreation, and for other ancillary, incidental or related uses which will encourage the provision of community facilities,

(b)  to ensure that new building forms are in scale and character with surrounding development and do not detract from the amenity enjoyed by nearby residents or the existing quality of the surrounding environment.

(2) Development within the Private Open Space zone

(a)  Within the Private Open Space zone, exempt development and development for the purpose of the following may be carried out without development consent:

gardening or bush fire hazard reduction; landscaping; maintenance works.

(b)  Within the Private Open Space zone, development for the purpose of the following may be carried out, but only with development consent:

advertisements; child care centres; clubs; community facilities; entertainment facilities; kiosks; public utility undertakings (other than gas holders or generating works); recreation areas; recreation facilities; refreshment rooms.

(c)  Any other development is prohibited within the Private Open Space zone.

Division 3 Building design controls

37 Height of buildings

(1) Objectives for the control of height of buildings The objectives for the control of height of buildings in the Government Precinct are as follows:

(a)  to ensure heritage structures remain publicly visible and prominent from key public places,

(b)  to protect identified views from Parramatta Regional Park towards North Parramatta,

(c)  to ensure the height of future buildings steps up from the Parramatta River and is generally not above the typical existing tree canopy.

38 Special Areas

There are three Special Areas, as shown on the Government Precinct Special Areas Map.

(1) Objectives for the controls for Special Areas The objectives of the controls for Special Areas are as follows:

(a)  to protect Special Areas from development incompatible with the particular character and significance of each Special Area,

(b)  to reinforce the specific attributes and qualities of the built form of each of the Special Areas.

(2) Special Area considerations The consent authority, in considering a development application for land in or adjoining a Special Area, must have regard to the following objectives for the Special Area:

(a)  River corridor:

(i)  to provide secure and attractive public access along the Parramatta River,

(ii)  to provide adequate public foreshore open space, having due regard to the scale of the river and establish building setbacks along the river,

(iii)  to provide buildings and sites along the river that address the Parramatta River with high quality facades and entrances,

(iv)  to encourage a diverse and active range of uses and cultural activities so as to revitalise the river corridor.

(v)  to provide development that recognises the symbolic and historic links between key heritage items and the river.

(b)  Adaptive reuse:

(i)  to conserve and promote the adaptive reuse of redundant heritage buildings and their settings and allow sensitive redevelopment of appropriate portions of the area within a coherent and attractive framework,

(ii)  to enhance and, where appropriate, re-establish historic views and vistas,

(iii)  to conserve and enhance the cultural landscape,

(iv)  to promote a range of uses that revitalises and enlivens the heritage buildings and their settings, while ensuring conservation of significant fabric,

(v)  to conserve and promote the heritage values of the area and encourage tourism, leisure and recreational uses,

(vi)  to facilitate continuing compatible public uses,

(vii)  to conserve and promote significant Aboriginal and non-indigenous archaeological sites.

(c)  Development and conservation:

(i)  to integrate commercial, residential and neighbourhood community development into the landscape setting, while conserving heritage value,

(ii)  to enhance existing vistas and, where appropriate, re-establish historic vistas and create new vistas through the orientation of new streets and the location of buildings and structures,

(iii)  to conserve and enhance the cultural landscape,

(iv)  to conserve and promote significant Aboriginal and non-indigenous archaeological sites.

Part 6 Precinct 4—Westmead Precinct

39 Planning aims for the Westmead Precinct

(1)  The planning aims for the Westmead Precinct are as follows:

(a)  to encourage a vibrant Precinct with a distinct health and teaching identity,

(b)  to improve direct and efficient access to and through the Precinct from other parts of the Greater Metropolitan Region, and to improve linkage of Westmead Hospital to the public transport network,

(c)  to provide opportunities for a range of housing types,

(d)  to develop a mixed use centre of retail, residential, commercial and community services at the transport node serving the Precinct,

(e)  to facilitate physical and business research links to other Precincts, especially the City Centre, Rydalmere and Camellia Precincts,

(f)  to achieve environmental management best practice that protects and promotes the natural assets of the Westmead Precinct,

(g)  to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(h)  to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Toongabbie Creek corridors.

(2)  These aims must be considered by the consent authority in assessing development applications and should be considered when a council prepares a local environmental plan for land within the Westmead Precinct.

cl 39: Am 5.12.2003.

Part 7 Precinct 5—Rydalmere Precinct

pt 7: Subst 5.12.2003.

Division 1 Aims of Part 7

pt 7, div 1, hdg: Ins 5.12.2003.

40 Planning aims for the Rydalmere Precinct

The aims of this Part are as follows:

(a)  to encourage a vibrant, attractive and mutually supportive employment, industrial, educational and research precinct,

(b)  to increase employment numbers in the Rydalmere Precinct,

(c)  to increase the opportunity for residential, retail, commercial and community facility development in close proximity to public transport,

(d)  to improve public transport accessibility and to provide a pedestrian and cycle network that utilises the foreshore corridor and connects to other precincts while not diminishing important natural assets and biodiversity,

(e)  to achieve better access and circulation for local traffic flows accessing the employment areas while protecting the level of service of James Ruse Drive and Victoria Road,

(f)  to conserve and adaptively reuse heritage items within the Rydalmere Precinct and to encourage wider community use and access to these assets,

(g)  to encourage strong links between the University of Western Sydney, the community and industry both inside and outside the Rydalmere Precinct,

(h)  to achieve environmental management best practice that protects and promotes the natural assets of Rydalmere,

(i)  to improve the environmental performance of development in a way that minimises energy and resource use and noise, odour, dust, water, soil, air quality and contamination impact,

(j)  provided there is no conflict with heritage values, to protect and enhance local and regional biodiversity, maximising the extent and integrity of aquatic and natural land areas, in particular, the Parramatta River and Darling Mills Creek corridors.

cl 40: Subst 5.12.2003.

Division 2 Zoning

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40A Land use zones and explanation

The following land use zones for land within the Rydalmere Precinct are shown on the Rydalmere Precinct Zoning Map:

(a)  Residential 2 (b)—a medium density residential zone that provides for a variety of housing types (but not residential flat buildings) with supporting community and commercial land uses,

(b)  Business and Transport Centre—a zone that provides for retail, commercial, transport, community and support services for residents, industry and businesses,

(c)  Trade and Industry Support—a zone that provides for businesses and industries that support the commercial and industrial activities of the Primary Centre,

(d)  Technology and Enterprise—a zone that provides for high technology and contemporary industrial activities that are compatible with surrounding residential development and produce a neutral or beneficial effect on the environment,

(e)  Special Uses—a zone that applies to land identified for a range of special uses that are provided by public authorities or community organisations,

(f)  Open Space—a zone that applies to land identified for public open space and community facilities,

(g)  Environmental Protection—a zone that applies to land on the foreshore of waterways that is to be protected because of its current or potential high environmental values,

(h)  Transport—a zone that provides for existing and future uses related to road and rail transport and access, including passenger and freight movement.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40B Residential 2 (b) zone

(1) Objectives of the Residential 2 (b) zone The objectives of the Residential 2 (b) zone are as follows:

(a)  to provide for a variety of housing types, including multi-unit housing development (but not residential flat buildings),

(b)  to ensure that all new development is in scale and character with surrounding residential development and does not detract from the amenity enjoyed by nearby residents, or the existing quality of the surrounding environment, or adversely impact on identified views,

(c)  to allow limited opportunities for non-residential development that provides support services for residents and is of a type and scale that is compatible with existing or planned residential development,

(d)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Residential 2 (b) zone Within the Residential 2 (b) zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

home activities.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

bed and breakfasts; boarding houses; child care centres; community facilities; demolition; drainage works; dual occupancies; dwelling-houses; educational establishments; hospitals; landscaping that is not exempt development; local shops; medical consulting rooms; multi-unit housing (but not residential flat buildings); nursing homes; places of public worship; public utility undertakings (other than gas holders or generating works); roads.

(c)  any other development is prohibited.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40C Business and Transport Centre zone

(1) Objectives of the Business and Transport Centre zone The objectives of the Business and Transport Centre zone are as follows:

(a)  to provide opportunities for mutually supportive retail, commercial, residential, light industrial, transport and community facility development,

(b)  to integrate the zone with, and to encourage usage of, public transport and pedestrian networks,

(c)  to comply with any controls for Special Areas as set out in this Part.

(2) Development within the Business and Transport Centre zone Within the Business and Transport Centre zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

home activities.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements; amusement centres; backpackers’ accommodation; bed and breakfasts; boarding houses; brothels; business identification signs; car parking; child care centres; clubs; commercial premises; community facilities; demolition; educational establishments; entertainment facilities; hospitals; hotels; landscaping that is not exempt development; light industries; medical centres; motels; motor showrooms; multi-unit housing; outdoor eating areas; places of assembly; places of public worship; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); public works; recreation areas; recreation facilities; refreshment rooms; restaurants; restricted premises; roads; service stations; serviced apartments; shops; shop-top housing; telecommunications facilities; vehicle rental centres; veterinary establishments.

(c)  any other development is prohibited.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40D Trade and Industry Support zone

(1) Objectives of the Trade and Industry Support zone The objectives of the Trade and Industry Support zone are as follows:

(a)  to provide opportunities for businesses that support the commercial and industrial activities of the Primary Centre,

(b)  to provide opportunities for small scale business and industrial enterprise development,

(c)  to integrate the Rydalmere Precinct with, and to encourage usage of, public transport and pedestrian networks by improving the accessibility and amenity of the area,

(d)  to allow for and improve public access along the waterways, where appropriate,

(e)  to comply with the controls for Special Areas as set out in this Part,

(f)  to ensure development protects and enhances the waterways.

(2) Development within the Trade and Industry Support zone Within the Trade and Industry Support zone:

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

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements; advertising structures; animal establishments; brothels; business identification signs; car repair stations; commercial premises that are ancillary to another permissible use on the land; demolition; depots; drainage works; equipment hire centres; high technology industries; hotels; industries (other than offensive, hazardous or extractive industries); light industries; liquid fuel depots; outdoor eating areas linked to kiosks; panel beating workshops; places of assembly; places of public worship; portable recycling facilities; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); recreation areas; recreation facilities; roads; service stations; telecommunication facilities; veterinary establishments; warehouses or distribution centres.

(c)  any other development is prohibited.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40E Technology and Enterprise zone

(1) Objectives of the Technology and Enterprise zone The objectives of the Technology and Enterprise zone are as follows:

(a)  to encourage high technology industrial development in the Rydalmere Precinct, that will contribute to the economic and employment growth of the Primary Centre,

(b)  to encourage research and development facilities to capitalise on the existing knowledge base,

(c)  to foster industries that will capitalise on the Rydalmere Precinct’s centrality and connectivity to the regional road network and public transportation corridors,

(d)  to ensure that development does not detract from the amenity enjoyed by residents in neighbouring localities, the commercial viability of the Parramatta City Centre or the efficient operation of the local or regional road system,

(e)  to ensure that development incorporates current environmental management best practice,

(f)  to ensure that the scale, design, materials of construction, and the nature of development, contribute positively to the amenity and visual quality of the locality,

(g)  to allow for and improve public access along the waterways, where appropriate,

(h)  to comply with the controls for Special Areas as set out in this Part,

(i)  to ensure that development protects and enhances the waterways.

(2) Development within the Technology and Enterprise zone Within the Technology and Enterprise zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements; advertising structures; animal establishments; brothels; business identification signs; car repair stations; child care centres; commercial premises (that are ancillary to another permissible use on the land); demolition; depots; drainage works; equipment hire centres; high technology industries; hotels; industries (other than offensive, hazardous or extractive industries); kiosks; landscaping that is not exempt development; light industries; liquid fuel depots; outdoor eating areas linked to kiosks; panel beating workshops; places of assembly; places of public worship; portable recycling facilities; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); public works; recreation areas; recreation facilities; refreshment rooms; roads; service stations; telecommunication facilities; veterinary establishments; warehouses or distribution centres.

(c)  any other development is prohibited.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40F Special Uses zone

(1) Objectives of the Special Uses zone The objectives of the Special Uses zone are as follows:

(a)  to facilitate certain development on land that is used by public authorities, institutions or organisations to provide community facilities, services or utilities,

(b)  to allow other ancillary development that is incidental to the primary use specified on the map,

(c)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Special Uses zone Within the Special Uses zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

business identification signs; childcare centres; demolition; development that is ordinarily incidental or ancillary to the primary use on the land; drainage works; landscaping that is not exempt development; public works; the particular land use indicated by red lettering on the Rydalmere Precinct Zoning Map.

(c)  any other development is prohibited.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40G Open Space zone

(1) Objectives of the Open Space zone The objectives of the Open Space zone are as follows:

(a)  to enable development of land for the purpose of open space and recreation and to facilitate continued provision or enhancement of parks, community facilities, and support facilities, utilised by the community,

(b)  to enable other low-scale ancillary, incidental or related uses that will encourage the enjoyment of land zoned for open space, whilst not significantly restricting public access,

(c)  to encourage the retention and enhancement of open space links along the Parramatta River foreshore,

(d)  to facilitate or enhance the views and public access between the historic places in the Rydalmere Precinct,

(e)  to facilitate public access to land and buildings within the Open Space zone,

(f)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part,

(g)  to enhance the ecological sustainability of the area and to be designed so as not to diminish the natural values of the area.

(2) Development within the Open Space zone Within the Open Space zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological restoration; landscaping works.

(b)  development for any of the following purposes may be carried out, but only with development consent:

amenity buildings; artworks; bicycle hire; boat hire and boat launching facilities; business identification signs; child care centres; community facilities; demolition; drainage works; kiosks; landscaping that is exempt development; outdoor eating areas linked to kiosks within the zone or restaurants in adjoining zones; pedestrian and other access ways; public utility installations (other than gas holders or generating works); public works; recreation areas; water based entertainment facilities.

(c)  any other development is prohibited.

(3) Open Space reservation Land within the Open Space zone shown reserved for open space on the Rydalmere Precinct Zoning Map is to be acquired by the public authority indicated on that map on receipt of a written request from the owner of the land.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40H Environmental Protection zone

(1) Objectives of the Environmental Protection zone The objectives of the Environmental Protection zone are as follows:

(a)  to conserve, manage and enhance biodiversity, rare and threatened species and ecological communities, remnant habitat and the ecological viability of the land,

(b)  to protect and restore environmentally sensitive remnant habitats and communities,

(c)  to increase the community’s awareness and appreciation of remnant habitats and biodiversity,

(d)  to protect and restore the aesthetic, heritage, recreational, educational and scientific value of the bushland,

(e)  to limit regeneration in areas necessary to conserve, and assist in the interpretation of, significant historic views and vistas from and of heritage sites situated along the Parramatta River when seen from the river and nearby heritage sites, by avoiding regeneration or by controlling the height and density of vegetation,

(f)  to allow uses for scientific and educational purposes.

(2) Development within the Environmental Protection zone Within the Environmental Protection zone:

(a)  development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; maintenance works; ecological restoration.

(b)  development in accordance with a plan of management adopted under the Local Government Act 1993 and development for any of the following purposes may be carried out, but only with development consent:

access ways for emergency vehicles; clearing; demolition; drainage works; landscaping that is not exempt development; pedestrian and other access ways; public utility installations (other than gas holders and generating works); remediation of land; stormwater management; works related to environmental investigations, incident management, fire management, ancillary infrastructure, energy supply, and other works that are required to meet the licensing requirements of the Protection of the Environment Operations Act 1997.

(c)  any other development is prohibited.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40I Transport zone

(1) Objectives of the Transport zone The objectives of the Transport zone are as follows:

(a)  to facilitate continued and efficient operation of road and related transport services and rail and related transport services,

(b)  to facilitate the future growth of the transport network,

(c)  to encourage transportation of freight by rail,

(d)  to provide support facilities for users of the public transport system.

(2) Development within the Transport zone Within the Transport zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

bus depots; bus stations; public transport facilities; public utility undertakings (other than gas holders and generating works); railways; roads; workshops.

(c)  any other development is prohibited.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

Division 3 Design and development objectives and controls

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40J Public domain

(1) Public domain objectives The public domain objectives for the Rydalmere Precinct are as follows:

(a)  to provide a public domain that is clean, safe, interesting, easily accessible and attractive for use by workers and visitors to the area,

(b)  to develop a continuous strip of vegetated foreshore land that will be made available for the public access where it will not diminish natural values and will not impact on significant historic views from or of heritage sites situated along the Parramatta River when seen from the river and nearby heritage sites.

(2) Public domain provisions Before granting development consent for development within the Rydalmere Precinct, and before undertaking any work in the public domain in the Rydalmere Precinct, the consent authority must give consideration to whether:

(a)  the development contributes to the improved amenity, safety and appearance of the public domain, through landscaping, building set backs, attractive and clearly defined entrances to sites and buildings and clear and attractive signage, and

(b)  the foreshore is set aside for the establishment, maintenance and protection of the riparian ecosystem, and

(c)  the foreshore is publicly accessible, and linked to public areas, except where public access is precluded by land contamination, hazard or potential ecosystem damage, and

(d)  coordinated pedestrian and cycling networks are provided to link with the regional networks, and

(e)  the provision for vehicular movement is consistent with the development of a high quality pedestrian environment, and

(f)  undergrounding of electricity and other services lines can be facilitated along Victoria Road, and

(g)  the development has an adverse impact on significant or historic views from or of heritage sites along the Parramatta River when seen from the river and nearby heritage sites.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40K Transport and accessibility

(1) Transport and accessibility objectives The transport and accessibility objectives for the Rydalmere Precinct are as follows:

(a)  to take advantage of the accessibility of the Rydalmere Precinct to the major rail and road networks,

(b)  to encourage use of public transport, cycling and walking for the journey to work and for recreational activities that take place in the Rydalmere Precinct,

(c)  to seek a progressive reduction in car parking provision as planned major public transport improvements occur,

(d)  to link cycle ways and pedestrian paths to public transport, regional cycle ways and paths, the University of Western Sydney and the Rydalmere Precinct’s Business and Transport Centre,

(e)  to reduce the impact of articulated vehicles on the amenity of the Rydalmere Precinct in terms of road safety, traffic flow and on-site and off-site parking,

(f)  to achieve improved traffic management and circulation through Mary and Brodie Streets.

(2) Transport and accessibility provisions Before granting development consent for development within the Rydalmere Precinct that is likely to either generate traffic or will change the nature of vehicle types and movements around and on the site, the consent authority must give consideration to whether:

(a)  a traffic management plan detailing all transport options for the development, including type of transport used, size of trucks, frequency, preferred routes, mechanisms to promote public transport for the journey to work and use of the freight rail line, should be prepared, and

(b)  adequate and suitable on-site receiving areas and parking for trucks and large vehicles have been provided, and that any queuing or off-site parking of such vehicles is kept to a minimum, and

(c)  kerbs, gutters, footpaths, walkways and driveways have been constructed to resist damage by large vehicles or frequent use, and

(d)  there is adequate provision of facilities to encourage walking and cycling to work, including bicycle storage lockers and showers, and

(e)  a traveller information guide and information kit has been prepared that provides detailed information on all public transport services, pedestrian paths, cycle ways and ferry timetables in the area that would be used to actively encourage employees to use public transport to and from the Rydalmere Precinct.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40L Height of buildings

(1) Objectives for the control of height of buildings The objectives for the control of the height of buildings in the Rydalmere Precinct areas are as follows:

(a)  to ensure buildings and structures adjoining the Parramatta River contribute to the attractive appearance of the foreshore and do not dominate the skyline in views along the Parramatta River,

(b)  to ensure that buildings make a positive contribution to the streetscape and the skyline while meeting the requirements of industry,

(c)  to provide a strong and unified character along the major gateways into Parramatta,

(d)  to ensure that buildings and structures have regard to and conserve heritage sites, their settings, identified views and their visual interconnections,

(e)  to ensure that buildings do not significantly overshadow the public domain, vegetated riparian areas, or environment protection areas or adjoining properties,

(f)  to allow the most intensive development in the immediate vicinity of the Parramatta Railway Station.

(2) Height controls The height of a building or structure in the Rydalmere Precinct must not exceed the maximum height shown on the Rydalmere Precinct Height Map.

(3)  Despite subclause (2) the height of buildings, industrial plant and other structures within the Trade and Industry Support zone or the Technology and Enterprise zone may exceed that height limit, but only if the consent authority is satisfied that:

(a)  the development satisfies all the objectives of this clause, and

(b)  the height is essential to the operational requirements of the industry or activity, and

(c)  if visible from the public domain, the proposed building demonstrates a high standard of architectural design, materials and detailing that is appropriate to the building use and its location.

(4)  Despite subclauses (2) and (3), any building on land zoned Open Space on the Rydalmere Precinct Zoning Map must not be more than a single storey high.

(5)  Any development within the Rydalmere Precinct must maintain identified views of the Female Orphan School (University of Western Sydney Rydalmere Campus) and its emergent trees, the Parramatta River corridor and the Pennant Hills open space ridge line, as detailed in the Parramatta Regional Planning Strategy 1999.

Note—

The relevant identified views for the Rydalmere Precinct are Views 8 and 9A shown in appendix 2 of the Parramatta Regional Planning Strategy 1999.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40M Floor space ratios

(1) Objectives for floor space ratios in the Rydalmere Precinct The objectives for floor space ratios in the Rydalmere Precinct are:

(a)  to provide sufficient development capacity to cater for employment growth, and

(b)  to fix a maximum floor space ratio that provides for adequate landscaping and access for vehicles into and through the site.

(2) Maximum floor space ratios The floor space ratio of buildings on land in the Rydalmere Precinct is not to exceed the maximum floor space ratio shown on the Rydalmere Precinct Design Control Map. The achievement of any floor space ratio is subject to compliance with the height controls and other provisions of this Plan.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40N Site planning and landscaping

(1) Objectives for site planning and landscaping The objectives for site planning and landscaping for the Rydalmere Precinct are as follows:

(a)  to ensure that development enhances the appearance of the Rydalmere Precinct and the settings of heritage items or areas, particularly from the waterways, major thoroughfares and any other public places,

(b)  to limit regeneration in areas necessary to conserve, and assist in the interpretation of, significant historic views and vistas from and of heritage sites situated along the Parramatta River when seen from the river and nearby heritage sites, by avoiding regeneration or by controlling the height and density of vegetation,

(c)  to protect and enhance the riparian ecosystem along the Parramatta River and its tributaries,

(d)  to improve environmental performance, particularly in terms of water management, pollution control, the natural environment and transport management,

(e)  to contribute to effective management of stormwater, increased biodiversity in the Rydalmere Precinct and improved energy efficiency,

(f)  to provide for the recreational use of the foreshore and the establishment of paths for walking and cycling where these will not diminish the natural values,

(g)  to provide quality open spaces for employees for recreational purposes.

(2) Provisions for site planning and landscaping Before granting development consent for development within the Rydalmere Precinct, the consent authority must give consideration to whether:

(a)  the built form addresses public places, including roads, parks and waterways, and is enhanced with quality landscaping, and

(b)  any chain-wire fencing or solid fencing is set back from the property boundary and screened in front by locally native and local provenance trees and shrubs, and

(c)  the width and surface area of any driveways and other hard surfaces is minimised and all opportunities to increase the permeability and water retention of the site, including soft-surfaced car parking, are taken up, and

(d)  a landscape management plan and strategy has been developed to ensure continuity and attractiveness of landscaping, and

(e)  except where identified as culturally significant heritage landscape, the proposed landscaping consists of plants that are local to the area, especially for the foreshore of the Parramatta River and tributaries, and are of local provenance, and are to be planted in an appropriate vegetation sequence, and

(f)  open storage areas, material handling areas and car parking are located away from any boundaries that border on public areas, particularly the foreshore of the Parramatta River and its tributaries, and major transport routes, and

(g)  vegetated buffers are provided around areas of open storage or material handling, to soften the visual impacts and reduce dust and stormwater runoff, and

(h)  for redevelopment of a site adjacent to waterways, through site pedestrian and cycle links and landscaped corridors to the waterways can be achieved where these do not diminish natural values of the foreshore ecosystem, and

(i)  the landscape set backs along major streets and riparian vegetation along the rivers and creeks are in accordance with the Rydalmere Precinct Design Control Map, with the exception of any riparian vegetation area along the Parramatta River as identified on the Rydalmere Precinct Design Control Map for the University of Western Sydney site, which may be varied provided the master plan is consistent with the Conservation Management Plan for the site and the development achieves all the outcomes specified for the University Special Area, and

(j)  development does not have an adverse impact on significant or historic views from or of heritage sites along the Parramatta River when seen from the river and nearby historic sites.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40O Building design

(1) Objectives for building design The objectives for building design for the Rydalmere Precinct are as follows:

(a)  to ensure that development responds to best practice ecologically sustainable development principles in its design, construction and operation,

(b)  to ensure that development contributes to the appearance and amenity of public places, including the waterways, major roads and public places.

(2) Provisions for building design Before granting development consent for development within the Rydalmere Precinct, the consent authority must give consideration to whether:

(a)  the major facade and entries of buildings address major public places, including roads, parks and waterways, and

(b)  the development has regard to adjoining building works and transition of height, massing and scale, and

(c)  building set backs, design, materials, glazing and colours minimise the visual impact of the development, particularly if it is visible from roads and the Parramatta River, and

(d)  buildings on sites adjacent to the Parramatta River and its tributaries are set back in accordance with any foreshore building line, and

(e)  the design of buildings has regard to the existing heritage character of a place, where applicable, and

(f)  building bulk created by large unbroken expanses of wall is reduced by articulation and modulation, particularly where facing a public place such as a street, a park or the Parramatta River, and

(g)  all available options for natural lighting, heat and ventilation, including energy efficient building design and solar powered water heating, have been investigated, and

(h)  construction materials are of an ecologically sustainable nature, and

(i)  buildings do not overshadow environmental protection areas or riparian vegetation areas, and

(j)  lighting does not have negative impacts on the natural values, and

(k)  building roofs and overrun structures are dark and have matt colours so as to be recessive.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

Division 4 Special Areas

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40P Special Areas

(1)  The Special Areas are identified on the Rydalmere Precinct Special Areas Map.

(2)  They are:

(a)  the River Special Area, and

(b)  the Victoria Road Special Area, and

(c)  the University Special Area, and

(d)  the Rydalmere Station and Environs Special Area.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40Q Objectives of controls for Special Areas

The objectives of the controls for Special Areas in the Rydalmere Precinct are as follows:

(a)  to ensure development is compatible with the particular character and significance of each Special Area,

(b)  to reinforce the specific attributes and qualities of each of the Special Areas,

(c)  to enhance and re-establish the Parramatta River as a major natural asset to Parramatta,

(d)  to enhance Victoria Road and James Ruse Drive as important gateways to Parramatta,

(e)  to give guidance for the preparation of master plans where required,

(f)  to conserve and, where possible, enhance identified views.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40R The River Special Area

(1) Character statement The Parramatta River system will be enhanced as the major natural asset of the area and is to be characterised by a healthy river and foreshore. Where appropriate, public pedestrian access and linkages between the hinterland and the river and recreation opportunities are to be pursued and implemented while protecting the riparian vegetation with appropriate set backs. Properties adjoining the foreshore will address the aquatic gateway to Parramatta, with attractive and interesting buildings and appropriate set backs from the river. Opportunities for improving access to water based transport will be pursued to better serve the Rydalmere and Camellia Precincts. The less visually attractive elements of industrial development will be screened by appropriate landscaping.

The Rydalmere and Camellia Precincts will have improved connectivity for pedestrians across the Parramatta River from the Clyde-Carlingford Rail Bridge and the Thackeray Street Bridge.

(2) Consideration Before granting development consent for development within the River Special Area, or before undertaking works within the River Special Area, the consent authority must consider whether the development is consistent with any master plan required for the land under State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries, and must be satisfied that:

(a)  all reasonable opportunities to establish foreshore public land are taken up, and

(b)  development meets the requirements of Sydney Regional Environmental Plan No 22—Parramatta River, and

(c)  the development retains and enhances public pedestrian access and open space links between the foreshores of the Parramatta River, Subiaco Creek, Vineyard Creek or with other nearby open space areas, and

(d)  buildings adjacent to the Parramatta River address the river with high quality facades and entrances, and

(e)  the scale of buildings along the Parramatta River will not dominate the topographical features of the river landscape, and

(f)  the development maintains and re-establishes riparian vegetation in accordance with the requirements of the Rydalmere Precinct Design Control Map and building set backs along the Parramatta River, but only if this does not have an impact on significant or historic views from or of heritage sites situated along the Parramatta River when seen from the river and nearby heritage sites, and

(g)  the development improves the foreshore landscape, so that local native vegetation and natural geomorphology are preserved, restored and extended and in accordance with any government-adopted catchment strategies, and

(h)  the continuity and integrity of existing mangrove stands, salt marshes and other marine vegetation as shown on Rydalmere Precinct Design Control Map as “Riparian Vegetation” are to be maintained and enhanced where appropriate, and

(i)  where required by State Environmental Planning Policy No 55—Remediation of Land, the development remediates land contamination and removes any wastes from the foreshore zone so that the area is rendered suitable for public access (where natural values will not be diminished) and harm to the Parramatta River environment is addressed and minimised, and

(j)  development improves the settings of the important historic places and views along the Parramatta River and facilitates their interpretation, and

(k)  development does not have an adverse impact on significant or historic views from or of heritage sites situated long the Parramatta River when seen from the river and nearby heritage sites, and

(l)  development will result in a neutral or beneficial effect on the water quality of the Parramatta River and will not disturb contaminated river sediments in a way that creates risk of water pollution, and

(m)  any expansion of water based transport will not adversely affect the banks of vegetation of the Parramatta River foreshore, and

(n)  development will result in improved visual connections to the Parramatta River, and

(o)  when public pedestrian access is not appropriate for reasons such as contamination and safety issues, the development provides for appropriate vegetation in accordance with the Rydalmere Precinct Design Control Map, and

(p)  the development minimises reclamation and dredging.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40S The Victoria Road Special Area

(1) Character Statement Victoria Road will continue to be a significant gateway to Parramatta. The amenity and appearance of the area will be enhanced by high quality buildings, landscaping and public domain improvements. The high exposure offered by the location will strengthen the employment area. The area will focus on innovative and emerging technologies for production.

The road will cater for access by public transport and significant freight and private transport movements.

(2) Consideration Before granting development consent for development within the Victoria Road Special Area, the consent authority must be satisfied that:

(a)  a high quality frontage with landscaping, and buildings with high quality finishes, are provided where visible from the street, and

(b)  signage has a high standard and provides clear information as to the use of the land, the street address and clearly marked entrance and exit ways and is of a scale and nature sympathetic to the building form, and

(c)  where a property adjoins a natural waterway, the land is revegetated with locally native flora where possible and any area adjacent to the foreshore is maintained so as to limit run-off and such areas are considered for outdoor recreation or lunch areas, and

(d)  the landscape set backs shown on the Rydalmere Precinct Design Control Map are met, and

(e)  the landscaped area will be generally free from car parking.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40T The University Special Area

(1) Character Statement The University, comprising an area of historical significance set by the Parramatta River, will continue to be developed as a key centre of learning for Western Sydney. Heritage buildings and their settings will be preserved and adaptively reused as modern educational facilities. New development will ensure that glimpses of the heritage buildings from Victoria Road and James Ruse Drive will be maintained. The completion of the Chatswood to Parramatta Rail Link will provide excellent public transport for students, workers and visitors. Where appropriate, public pedestrian access and cycleway linkages along the river and between hinterland and the river, and recreation opportunities, will be pursued and implemented while protecting the riparian vegetation with appropriate set backs along the Parramatta River. Opportunities for improving access to water based transport will be pursued. The bushland east of the railway line will be retained. The Parramatta River and Vineyard Creek foreshores will generally be enhanced with vegetation locally native to the area through bush regeneration, except where exotic species have been identified for retention through a conservation management plan, while conserving significant and historic views from and to heritage items situated along the Parramatta River.

(2) Consideration Before granting development consent for development within the University Special Area, the consent authority must consider whether the development is consistent with any master plan required for the area that addresses the principles in State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries and must be satisfied that:

(a)  the development conserves and enhances items of heritage significance consistent with a Conservation Management Plan for the area, and

(b)  the development respects, conserves and responds to key views identified in that Plan, and

(c)  the development protects and enhances cultural plantings and native bushland and other natural features along the foreshore, and

(d)  the development provides for public access along the foreshore, and

(e)  the development facilitates the use of public transport and access for pedestrians and cyclists to the site and, where appropriate, through the site, and

(f)  the scale and character of the development recognises and complements the unique visual qualities of the site, and

(g)  the development is integrated with the public transport network, including the upgraded Rydalmere Railway Station, and

(h)  the siting and design of the development minimises adverse effects from adjoining land uses, including noise from James Ruse Drive, and

(i)  the development enhances the key approach routes to Parramatta, being James Ruse Drive, Victoria Road, the rail line and Parramatta River.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40U The Rydalmere Station and Environs Special Area

(1) Character Statement The Parramatta Rail Link and the upgraded Rydalmere Railway Station will be a catalyst for redevelopment. The area centred on the station will be attractively developed for a mix of commercial and transport related activities. Brodie Street, on the edge of the station precinct, will comprise upgraded retail activities, shop-top offices and housing. The station will be redeveloped to achieve integration with the surrounding land use. The area extending to Subiaco Creek will support a wide range of business services and enterprises. Parking and traffic problems in the area will be reduced. The natural amenity of the Vineyard and Subiaco Creek foreshores will be enhanced with vegetation locally native to the area through bush regeneration. Improved pedestrian and cycle links will be part of the revitalisation of the area.

(2) Consideration Before granting development consent for redevelopment within the Rydalmere Station and Environs Special Area that, in the opinion of the consent authority, is major in nature, the consent authority must give consideration to any master plan required for the area and must be satisfied that:

(a)  the development within the Rydalmere Station environs achieves a high quality of design and contributes to diversity of retail, commercial, leisure and residential activities and enhances the vitality and amenity of the area, and

(b)  the development minimises the need for vehicle parking and reduces impact on the street system, and

(c)  the development encourages access to and within the area by public transport, pedestrians and cyclists (possibly by allowing mid-block access), and

(d)  the development complies with the landscape set backs and enhances the natural landscape and ecological features of the foreshores of Vineyard and Subiaco Creeks, and

(e)  the development achieves an amalgamation of lots and realises the potential to achieve a high intensity of, and better form of, development, and

(f)  the development avoids establishing uses that would attract heavy vehicles to service sites within the area, and

(g)  a new road linking Muriel Avenue and Bridge Street and Mary Parade is in place to improve traffic circulation in the area or that the development will not generate further traffic congestion.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

Division 5 Office development

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

40V Office development in Rydalmere Precinct

The consent authority must not consent to development for the purpose of commercial premises or an office on land within the Technology and Enterprise zone or the Trade and Industry Support zone unless the use of the commercial premises or office is an integral part of, and ancillary to, the use of the site for a purpose that is permissible in the zone.

pt 7, divs 2–5 (cll 40A–40V): Ins 5.12.2003.

Part 8 Precinct 6—Camellia Precinct

pt 8: Subst 5.12.2003.

Division 1 Aims of Part 8

pt 8, div 1, hdg: Ins 5.12.2003.

41 Planning aims for the Camellia Precinct

(1)  The aims of this Part are as follows:

(a)  to protect and support the integrity of the Camellia Precinct as one of Sydney’s significant industrial hubs,

(b)  to maintain and improve existing access to major public transport links outside the area,

(c)  to promote industrial development in the Camellia Precinct that demonstrates innovation and environmental management best practice,

(d)  to maintain long-term opportunities for future investment in eco-industrial development in the Camellia Precinct,

(e)  to promote the development of mutually supportive relationships between industries including processes, practices, products, energy use and waste,

(f)  to ensure that development along the foreshore is of a scale and character in keeping with its foreshore location and that the unique visual and ecological qualities of the waterways and foreshore are protected and enhanced,

(g)  to seek opportunities to provide public access to the foreshore at appropriate locations and improve the connectivity of the foreshore open space network,

(h)  to maintain existing racecourse uses and facilitate expansion of the existing racecourse and other uses that are ancillary or associated with the racing industry in the Camellia Precinct,

(i)  to develop a mixed use centre of retail, commercial, transport and community services at the railway station node serving the Camellia Precinct,

(j)  to encourage industry that can capitalise on the Camellia Precinct’s accessibility, particularly the use of the rail freight line,

(k)  to achieve environmental management best practice that protects and promotes the natural assets of Camellia,

(l)  to improve environmental performance that minimises energy and resource use as well as off-site air quality, noise, odour, dust, water, soil and contamination impacts,

(m)  to protect and enhance local and regional biodiversity, particularly maximising the extent and integrity of aquatic and natural land areas along the Parramatta River, Duck River, Duck Creek and A’Becketts Creek corridors.

(2)  The consent authority must consider these objectives when assessing any application for development within the Camellia Precinct.

cl 41: Subst 5.12.2003.

Division 2 Zoning

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41A Land use zones and explanation

The following land use zones for land within the Camellia Precinct are shown on the Camellia Precinct Zoning Map:

(a)  Business and Transport Centre—a zone that provides retail, commercial, transport, community and support services for industry and the travelling public,

(b)  Regional Enterprise—a zone suitable for a variety of industrial and heavy industrial activities serving the Greater Metropolitan Area of Sydney and beyond,

(c)  James Ruse Drive Mixed Use—a zone that applies to land adjacent to James Ruse Drive identified for serviced apartments, motels, institutional and commercial uses related to the activities of the Camellia Precinct,

(d)  Racecourse—a zone that applies to Rosehill Racecourse and allows a wide range of leisure and function facilities,

(e)  Open Space—a zone that applies to land identified for public open space and community facilities,

(f)  Private Open Space—a zone that applies to land identified for private open space and community facilities,

(g)  Environmental Protection—a zone that applies to land on the foreshore of waterways that is to be protected because of its current or potential high environmental values,

(h)  Transport—a zone that applies to existing and future uses related to road and rail transport and access, including passenger and freight movement,

(i)  Parramatta Road Industrial—a zone that applies to land suitable for a variety of industrial activities, bulky goods retailing and industrial service functions based on the area’s proximity to the regional road network.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41B Business and Transport Centre zone

(1) Objectives of the Business and Transport Centre zone The objectives of the Business and Transport Centre zone are as follows:

(a)  to provide opportunities for retail, commercial, institutional, transport and community services development that will support the employment function of the Camellia Precinct,

(b)  to integrate the Primary Centre with public transport and pedestrian networks,

(c)  to meet the needs of travellers using public transport,

(d)  to ensure that new development does not detract from the character, amenity and visual quality of Harris Park residential development or impact on identified views between Elizabeth Farm and the Female Orphan School and its historic tree plantings, the Parramatta River Corridor and the Pennant Hills open space ridge line,

(e)  to comply with any controls for Special Areas as set out in this Part,

(f)  to provide for a mix of business-related visitors accommodation, leisure and institutional activities that will enhance James Ruse Drive as an important gateway to Parramatta,

(g)  to recognise and respond to the constraints imposed by the narrow strip of land between James Ruse Drive and the freight rail line,

(h)  to ensure that development does not compromise industrial development in the Camellia Precinct or detract from the efficient operation of the regional road system.

(2) Development within the Business and Transport Centre zone Within the Business and Transport Centre zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements (other than an advertisement on a site that contains a heritage item); amusement centres; back packer’s accommodation; brothels; business identification signs; car rental centres; child care centres; clubs; commercial premises with above ground floor retail; community facilities; demolition; drainage works; educational establishments; entertainment facilities; hospitals; hotels; landscaping that is not exempt development; markets; medical centres; motels; places of assembly; places of public worship; public buildings; public transport facilities; public utility installations (other than gas holders and generating works); public works; recreation areas; recreation facilities; refreshment rooms; restaurants; restricted premises; roads; service stations; serviced apartments; shops; telecommunications facilities; vehicle rental centres; veterinary establishments.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41C Regional Enterprise zone

(1) Objectives of the Regional Enterprise zone The objectives of the Regional Enterprise zone are as follows:

(a)  to achieve a prosperous and efficient regional eco-industrial estate that continues to capitalise on Camellia’s strategic location and accessibility,

(b)  to allow a wide range of industrial and heavy industrial uses in Camellia serving the Greater Metropolitan Area of Sydney and beyond,

(c)  to ensure that development is carried out in a manner that does not detract from the amenity enjoyed by residents in neighbouring localities, the conservation of identified views, the commercial viability of the Parramatta City Centre or the efficient operation of the road system,

(d)  to ensure that development applies current environmental management best practice,

(e)  to maintain long-term opportunities for the future investment in development of Camellia as an eco-industrial precinct,

(f)  to ensure that the scale, design and materials of construction, and the nature of development, contribute positively to the visual quality of the locality,

(g)  to allow for and improve public access along the waterways, where natural values will not be diminished,

(h)  in the case of contaminated land that is currently not suitable for public access, to ensure that opportunities are not lost for future potential foreshore access,

(i)  to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Regional Enterprise zone Within the Regional Enterprise zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements (other than an advertisement on a site that contains a heritage item); brothels; business identification signs; car repair stations; child care centres; commercial premises that are ancillary to another permissible use on the land; commercial signs; demolition; depots; drainage; equipment hire centres; industries; kiosks; landscaping that is not exempt development; light industries; material recycling depots; motor showrooms; outdoor eating areas linked to kiosks; places of public worship; public buildings; public utility installations (other than gas holders and generating works); recreation areas; recreation facilities; resource recovery facilities; restricted premises; road transport terminals; roads; service stations; telecommunication facilities; vehicle rental centres; warehouses or distribution centres; waste facilities; waste processing facilities.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41D James Ruse Drive Mixed Use zone

(1) Objectives of the James Ruse Drive Mixed Use zone The objectives of the James Ruse Drive Mixed Use zone are as follows:

(a)  to provide for a mix of business-related visitors’ accommodation, leisure and institutional activities that will enhance James Ruse Drive as an important gateway to Parramatta,

(b)  to recognise and respond to the constraints imposed by the narrow strip of land between James Ruse Drive and the freight rail line,

(c)  to ensure that development does not compromise industrial development in the Camellia Precinct or detract from the efficient operation of the regional road system,

(d)  to ensure that new development does not detract from the character, amenity and visual quality of Harris Park residential development or impact on identified views between Elizabeth Farm and the Female Orphan School and its historic tree plantings, the Parramatta River corridor and the Pennant Hills open space ridge line,

(e)  to comply with the controls for Special Areas as set out in this Part.

(2) Development within the James Ruse Drive Mixed Use zone Within the James Ruse Drive Mixed Use zone:

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

(b)  subdivision and development for the purpose of the following may be carried out, but only with development consent:

clubs; commercial development associated with the racecourse or industrial uses in the Camellia Precinct; convention centres; drainage works; hotels; institutional uses; landscaping; motels; places of public worship; professional office suites; public buildings; serviced apartments.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41E Racecourse zone

(1) Objectives of the Racecourse zone The objectives of the Racecourse zone are as follows:

(a)  to enable the racecourse at Rosehill Gardens to continue to be used for horse racing events,

(b)  to provide for a mix of business-related visitors’ accommodation, leisure and institutional activities that will enhance James Ruse Drive as an important gateway to Parramatta,

(c)  to recognise and respond to the constraints imposed by the narrow strip of land between James Ruse Drive and the freight rail line,

(d)  to ensure that development does not compromise industrial development in the Camellia Precinct,

(e)  to allow Rosehill Gardens to be used for a wide range of function and leisure activities and services supporting the racing industry,

(f)  to ensure that new development does not detract from the character and visual quality of surrounding residential development or of nearby historic places, including Elizabeth Farm, or from the amenity enjoyed by nearby residents,

(g)  to ensure that development does not detract from the efficient operation of the road system,

(h)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part.

(2) Development within the Racecourse zone Within the Racecourse zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements; business identification signs; clubs; community facilities; conference facilities; convention centres; demolition; development that is ordinarily incidental or ancillary to a racecourse; drainage works; entertainment facilities; exhibition facilities; landscaping that is not exempt development; outdoor eating areas; markets; public utility installations (other than gas holders or generating works); recreation areas; recreation facilities; refreshment rooms; restaurants; roads; tourist facilities.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41F Open Space zone

(1) Objectives of the Open Space zone The objectives of the Open Space zone are as follows:

(a)  to enable development of land for the purpose of open space and recreation and to facilitate the continued provision or enhancement of parks, community facilities, and support facilities, utilised by the community,

(b)  to enable other low-scale ancillary, incidental or related uses that will encourage the enjoyment of land zoned for open space, whilst not significantly restricting public access,

(c)  to encourage the retention and enhancement of open space along the Parramatta River foreshore,

(d)  to protect, facilitate and enhance the identified views, as well as protecting views and public access between the historic places in the Camellia Precinct,

(e)  to meet the urban design objectives set out in this Part and (where applicable) to comply with the controls for Special Areas as set out in this Part,

(f)  to facilitate public access to land and buildings within the Open Space zone,

(g)  to enhance the ecological sustainability and natural values of the area.

(2) Development within the Open Space zone Within the Open Space zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological restoration; maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

amenity buildings; artworks; bicycle hire; boat hire and boat launching facilities; business identification signs; child care centres; community facilities; demolition; drainage works; identifying or interpretive signage ancillary to another use allowed on the site; kiosks; landscaping that is not exempt development; outdoor eating areas linked to kiosks within the zone or restaurants in adjoining zones; public utility installations (other than gas holders or generating works); public works; recreation areas; water based entertainment facilities.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41G Private Open Space zone

(1) Objectives of the Private Open Space zone The objectives of the Private Open Space zone are as follows:

(a)  to enable the development of private land for the purpose of recreation and for other ancillary, incidental or related uses that will encourage the provision of community facilities,

(b)  to ensure that new building forms are in scale and character with surrounding development and do not detract from the amenity enjoyed by nearby residents or the existing quality of the surrounding environment,

(c)  to meet the urban design objectives set out in this Part, and (where applicable) to comply with the controls for Special Areas as set out in this Part,

(d)  to enhance the ecological functionality and connectivity of the area.

(2) Development within the Private Open Space zone Within the Private Open Space zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological restoration; landscaping; maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

business identification signs; child care centres; clubs; community facilities; drainage works; entertainment facilities; kiosks; outdoor eating areas; pedestrian and other access; public utility undertakings (other than gas holders or generating works); recreation areas; recreation facilities; refreshment rooms; roads; sea walls.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41H Environmental Protection zone

(1) Objectives of the Environmental Protection zone The objectives of the Environmental Protection zone are as follows:

(a)  to conserve, manage and enhance biodiversity, vulnerable and threatened species and ecological communities, remnant habitat and the ecological viability of the land,

(b)  to protect and restore environmentally sensitive remnant habitats and communities,

(c)  to increase the community’s awareness and appreciation of remnant habitats and biodiversity,

(d)  to protect and restore the aesthetic, heritage, recreational, educational and scientific value of the bushland,

(e)  to allow uses for scientific and educational purposes.

(2) Development within the Environmental Protection zone Within the Environmental Protection zone:

(a)  development for any of the following purposes may be carried out without development consent:

bushfire hazard reduction works; ecological restoration; maintenance works.

(b)  subdivision, development in accordance with a plan of management adopted under the Local Government Act 1993 and development for any of the following purposes may be carried out, but only with development consent:

access ways for emergency vehicles; clearing; demolition; drainage works; essential activities necessitated by the operational requirements of the industry or activity on land adjacent to the zone; landscaping that is not exempt development; pedestrian and other access ways; public utility undertakings (other than gas holders and generating works); remediation of land; sea walls; works related to environmental investigations, incident management, fire management, hazard management, ancillary infrastructure, energy supply, and other works, that are required to meet the licensing requirement of the Protection of the Environment Operations Act 1997.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41I Transport zone

(1) Objectives of the Transport zone The objectives of the Transport zone are as follows:

(a)  to facilitate continued and efficient operation and management of road and related transport services and rail and related transport services,

(b)  to facilitate the future growth of the transport network,

(c)  to encourage transportation of freight by rail,

(d)  to provide support facilities for users of the public transport system.

(2) Development within the Transport zone Within the Transport zone:

(a)  exempt development and development for the purpose of the following may be carried out without development consent:

maintenance works.

(b)  subdivision and development for any of the following purposes may be carried out, but only with development consent:

advertisements (other than an advertisement on a site that contains a heritage item); bus depots; bus stations; business identification signs; drainage works; public transport facilities; public utility undertakings (other than gas holders and generating works); railways; roads; workshops.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41J Parramatta Road Industrial zone

(1) Objectives of the Parramatta Road Industrial zone The objectives of the Parramatta Road Industrial zone are as follows:

(a)  to foster industries and industrial service functions that will capitalise on connectivity to the regional road network and public transportation corridors,

(b)  to recognise the area’s transitional role in relation to adjoining bulky goods retail development,

(c)  to ensure development does not detract from the efficient operation of the local or regional road system,

(d)  to ensure that the scale, design, materials of construction and nature of development contribute positively to the amenity and visual quality of the locality,

(e)  to ensure that development incorporates environmental management best practice.

(2) Development within the Parramatta Road Industrial zone Within the Parramatta Road Industrial zone:

(a)  exempt development and development for any of the following purposes may be carried out without development consent:

maintenance works.

(b)  subdivision and development for the following may be carried out, but only with development consent:

advertisements (other than an advertisement on a site that contains a heritage item); animal establishments; brothels; bulky goods retailing as specified in Schedule 9; business identification signs; car repair stations; commercial premises that are ancillary to another permissible use on the land; demolition; depots; drainage works; equipment hire centres; high technology industries; hotels; industries (other than offensive, hazardous or extractive industries); kiosks; landscaping that is not exempt development; light industries; liquid fuel depots; local shops; outdoor eating areas linked to kiosks; panel beating workshops; places of assembly; places of public worship; portable recycling facilities; public buildings; public transport facilities; public utility undertakings (other than gas holders and generating works); public works; recreation areas; recreation facilities; roads; service stations; telecommunication facilities; veterinary establishments; warehouses or distribution centres.

(c)  any other development is prohibited.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

Division 3 Design and development objectives and controls

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41K Public domain

(1) Public domain objectives The public domain objectives for the Camellia Precinct are as follows:

(a)  to provide a public domain that is clean, safe, interesting, easily accessible and attractive for use by workers and visitors to the area,

(b)  to develop a continuous strip of vegetated foreshore land that will be made available for safe public access and where natural values will not be diminished.

(2) Public domain provisions Before granting development consent for development within the public domain of the Camellia Precinct, or before undertaking any work in that public domain, the consent authority must give consideration to whether:

(a)  the development contributes to the improved amenity, safety and appearance of the public domain through landscaping, building set backs, attractive and clearly defined entrances to sites and buildings and clear and attractive signage, and

(b)  the foreshore is set aside for the establishment, maintenance and protection of the riparian ecosystem, and

(c)  the foreshore is publicly accessible and linked to other public areas, except where public access is precluded by land contamination or hazard or where there is potential to damage the ecosystem, and

(d)  co-ordinated pedestrian and cycling networks are provided to link with the regional networks, and

(e)  the provision for vehicular movement is consistent with the development of a high-quality pedestrian environment.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41L Transport and accessibility

(1) Transport and accessibility objectives The transport and accessibility objectives for the Camellia Precinct are as follows:

(a)  to take advantage of the accessibility of the Camellia Precinct to major rail and road networks,

(b)  to encourage use of public transport, cycling and walking for the journey to work and for recreational activities that take place in the Camellia Precinct,

(c)  to seek a progressive reduction to car parking provision as planned major public transport improvements occur,

(d)  to link cycle ways and pedestrian paths to public transport, regional cycle ways and paths,

(e)  to reduce the impact of articulated vehicles on the amenity of the Camellia Precinct in terms of road safety, traffic flow, and on-site and off-site parking.

(2) Transport and accessibility provisions Before granting development consent for development within the Camellia Precinct that is likely to either generate traffic or will change the nature of vehicle types and movements around and on the site, the consent authority must give consideration to:

(a)  a traffic management plan detailing all transport options for the development, including type of transport used, size of trucks, frequency, preferred routes, mechanisms to promote public transport for the journey to work and use of the freight rail line, and

(b)  whether adequate and suitable on-site receiving areas and parking for trucks and heavy vehicles have been provided, and that any queuing or off-site parking of such vehicles is kept to a minimum, and

(c)  whether kerbs, gutters, footpaths, walkways and driveways have been constructed to resist damage by large vehicles or frequent use, and

(d)  whether there is adequate provision of facilities to encourage walking and cycling to work, including bicycle storage facilities, lockers and showers, and

(e)  whether a condition should be imposed on development consent requiring that a Traveller Information Guide and Information Kit should be prepared that provides detailed information on all public transport services, pedestrian paths, cycle ways and ferry timetables in the area that would be used to actively encourage employees to use public transport to and from the Camellia Precinct.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41M Height of buildings

(1) Objectives for the control of height of buildings The objectives for the control of the height of buildings in the Camellia Precinct are as follows:

(a)  to ensure buildings and structures adjoining the Parramatta River contribute to the attractive appearance of the foreshore and do not dominate the skyline in views along the Parramatta River,

(b)  to ensure that buildings make a positive contribution to the streetscape and the skyline while meeting the requirements of industry,

(c)  to provide a strong and unified character along the major gateways into Parramatta,

(d)  to ensure that buildings and structures are erected in a way that has regard to and conserves heritage sites, their settings, identified views and their visual interconnections,

(e)  to ensure that buildings do not significantly overshadow the public domain, vegetated riparian areas, or environmental protection areas or adjoining properties,

(f)  to allow the most intensive development in the immediate vicinity of the Railway Station.

(2) Determination of height controls The height in the areas shown outlined in red and indicated by an “M” on the Camellia Precinct Height Map is to be determined by a master plan. The master plan must demonstrate through survey and photo montages that the proposed height does not have a significant adverse impact on identified views.

(3) Height controls The height of a building or structure in the Camellia Precinct must not exceed the maximum height shown on the Rydalmere Precinct Height Map.

(4)  Despite subclause (3) the height of a building, industrial plant and other structure within the Regional Enterprises zone, the James Ruse Drive Mixed Use zone, the Parramatta Road Industrial zone or the Racecourse zone, which are outside the area shown hatched on the Camellia Precinct Height Map, may exceed that height limit, but only if the consent authority is satisfied that:

(a)  the development satisfies all the objectives of this clause, and

(b)  the height is essential to the operational requirements of the industry or activity, and

(c)  if visible from the public domain, the proposed building demonstrates a high standard of architectural design, materials and detailing that is appropriate to the building use and its location.

(5)  Any development within the Camellia Precinct may only achieve the maximum height in the area shown hatched on the Camellia Precinct Height Map if it can be demonstrated through survey and photo montages, that the height of the proposed development does not have a significant adverse impact on identified views to the Female Orphan School (University of Western Sydney Rydalmere Campus) and its emergent trees, the Parramatta River Corridor and Pennant Hills open space ridge line as detailed in the Parramatta Regional Planning Strategy.

Note—

The relevant identified views for the Camellia Precinct are Views 8 and 9A shown in appendix 2 of the Parramatta Regional Planning Strategy 1999.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41N Floor space ratios

(1) Objectives for floor space ratios in the Camellia Precinct area The objectives for floor space ratios in the Camellia Precinct area are as follows:

(a)  to provide sufficient development capacity to cater for employment growth,

(b)  to fix a maximum floor space ratio that provides for adequate landscaping and access for vehicles into and through the site.

(2) Maximum floor space ratios The floor space ratio of buildings on land in the Camellia Precinct must not exceed the maximum floor space ratio shown on the Camellia Precinct Design Control Map. The achievement of any floor space ratio is subject to compliance with the height controls and other provisions of this Plan.

(3)  Despite subclause (2), a site that has an existing built maximum floor space ratio shown on the Camellia Precinct Design Control Map may be redeveloped to the existing maximum built floor space, but only if the consent authority is satisfied that:

(a)  the proposed development satisfies all the objectives of this clause, particularly with respect to landscaping and height, and

(b)  the proposed redevelopment is not claiming existing use rights, and

(c)  existing floor space calculations of each level of the building are prepared by an appropriately qualified and accredited specialist, and those calculations:

(i)  were prepared in accordance with the definitions of floor space area and floor space ratio in Schedule 1, and

(ii)  clearly demonstrate that the floor space is above the maximum floor space ratio control on the map, and

(iii)  are submitted to the consent authority.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41O Site design and landscaping

(1) Objectives for site design and landscaping The objectives for site design and landscaping in the Camellia Precinct are as follows:

(a)  to ensure that development enhances the appearance of the Camellia Precinct and the settings of heritage items or areas, particularly from the waterways, major thoroughfares and any other public places,

(b)  to protect and enhance the riparian ecosystem along the Parramatta River and its tributaries,

(c)  to improve environmental performance, particularly in terms of water management, pollution control, the natural environment and transport management,

(d)  to contribute to effective management of stormwater, increased biodiversity in the Camellia Precinct and improved energy efficiency,

(e)  to provide for the recreational use of the foreshore and the establishment of paths for walking and cycling where this will not diminish natural values,

(f)  to provide quality open spaces for employees for recreational purposes.

(2) Provisions for site design and landscaping Before granting development consent for development within the Camellia Precinct, the consent authority must give consideration to whether:

(a)  the built form addresses public places, including roads, parks and waterways, and is enhanced with quality landscaping, and

(b)  chain-wire fencing or solid fencing is set back from the property boundary and screened in front by locally native and provenance trees and shrubs, and

(c)  the width and surface area of driveways and other hard surfaces is minimised and all opportunities to increase the permeability and water retention of the site, including soft-surfaced car parking, are taken up, and

(d)  a landscape management strategy has been developed to ensure continuity and attractiveness of landscaping, and

(e)  except where identified as culturally significant heritage landscape, the proposed landscaping consists of plants local to the area, especially for the foreshore of Parramatta River and tributaries, and plants of local provenance, and those plants are planted in an appropriate vegetation sequence, and

(f)  open storage areas, material handling areas and car parking are located away from any boundaries that border on public areas and major transport routes, particularly the foreshore of the Parramatta River and its tributaries, and

(g)  vegetated buffers are provided around areas of open storage or material handling to soften the visual impacts and reduce dust and stormwater runoff, and

(h)  in the case of the redevelopment of a site adjacent to waterways, through site pedestrian links and landscaped corridors to the waterways can be achieved where these do not diminish natural values, and

(i)  the landscape set backs along major streets and riparian vegetation along the rivers and creeks are in accordance with the Camellia Precinct Design Control Map.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41P Building design

(1) Objectives for building design The objectives for building design in the Camellia Precinct are as follows:

(a)  to ensure that development responds to best practice ecologically sustainable development principles in its design, construction and operation,

(b)  to ensure that development contributes to the appearance and amenity of public places, including waterways, major roads and parks, and

(c)  to ensure that development respects, conserves and responds to identified views.

(2) Provisions for building design Before granting development consent for development within the Camellia Precinct, the consent authority must give consideration to whether:

(a)  the major facades and entries of buildings address major public places, including roads, parks and waterways, and

(b)  buildings have regard to adjoining buildings and works, with appropriate transition of height, massing and scale, and

(c)  building set backs, design, materials and colours minimise the visual impact of the development, particularly if it is visible from roads and the Parramatta River, and

(d)  buildings on sites adjacent to the Parramatta River and its tributaries are set back in accordance with the Camellia Precinct Design Control Map, and

(e)  the design of buildings have regard to the existing heritage character of a place, where applicable, and

(f)  building bulk created by large unbroken expanses of wall is reduced by articulation and modulation, particularly where facing a public place such as a road, a park, or the Parramatta River, and

(g)  all available options for natural lighting, heat and ventilation, including solar design and solar powered water heating, have been investigated, and

(h)  construction materials are of an ecologically sustainable nature, and

(i)  buildings overshadow environment protection areas or riparian vegetated areas, and

(j)  lighting has no adverse impact on natural habitats.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

Division 4 Special Areas

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41Q Special Areas

(1)  The Special Areas are identified on the Camellia Precinct Special Areas Map.

(2)  They are:

(a)  the River Special Area, and

(b)  the James Ruse Drive Special Area, and

(c)  the Grand Avenue Special Area.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41R Objectives of the controls for Special Areas

(1)  The objectives of the controls for Special Areas in the Camellia Precinct are as follows:

(a)  to ensure development is compatible with the particular character and significance of each Special Area,

(b)  to reinforce the specific attributes and qualities of each of the Special Areas,

(c)  to enhance and re-establish the Parramatta River as a major natural asset to Parramatta,

(d)  to enhance James Ruse Drive as an important gateway to Parramatta,

(e)  to conserve, and where possible enhance, identified views,

(f)  to give guidance for the preparation of master plans where required.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41S The River Special Area

(1) Character statement The Parramatta River system will be enhanced as the major natural asset of the area, characterised by a healthy river and foreshores that, where appropriate, provide public access opportunities that are pursued and implemented while protecting the vegetated riparian areas with appropriate set backs along the Parramatta River, Duck River, A’Becketts Creek and Duck Creek. Properties adjoining the foreshore will address the aquatic gateway to Parramatta, with buildings displaying a high level of urban design quality and the less visually attractive elements of industrial development being screened by appropriate landscaping.

The Rydalmere and Camellia Precincts will have improved connectivity for pedestrians across the Parramatta River from the Clyde-Carlingford Rail Bridge and the Thackeray Street Bridge.

(2) Consideration Before granting development consent for development within the River Special Area, or before undertaking works within the River Special Area, the consent authority must take into consideration whether the development is consistent with any master plan required for the land under State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries, and must be satisfied that:

(a)  the development has addressed the requirements of Sydney Regional Environmental Plan No 22—Parramatta River, and

(b)  all reasonable opportunities to establish foreshore public land are taken up, except where this may be precluded by the presence of land or groundwater contamination or risk due to the proximity of hazardous or offensive activities, and

(c)  the development retains and enhances public access along the Parramatta River and Duck River foreshores, except where this is precluded by presence of land or groundwater contamination or risk due to the proximity of hazardous or offensive activities or where access will diminish natural values, and

(d)  the development retains and enhances public access and open space links between the foreshores of the Parramatta River, Duck River, Duck Creek, A’Becketts Creek or with other nearby open space areas, and

(e)  buildings adjacent to the Parramatta River are erected in a way that addresses the Parramatta River with high quality facades and entrances and do not overshadow any vegetated riparian areas or environmental protection areas, and

(f)  the scale of buildings along the Parramatta River will not dominate the topographic features of the Parramatta River landscape, and

(g)  the development maintains and re-establishes riparian vegetation set backs in accordance with the requirements of the Camellia Precinct Design Control Map and building set backs along the Parramatta River, and

(h)  the development improves the foreshore landscape so that locally native vegetation and natural geomorphology are preserved, restored and extended and in accordance with any Government-adopted catchment strategies, and

(i)  the development is sensitively designed so that existing aquatic habitats and species in the area are protected and maintained, and

(j)  the continuity and integrity of existing mangrove strands and salt marshes and marine vegetation as shown on the Camellia Precinct Design Control Map as riparian vegetation are to be maintained, and

(k)  where required by State Environmental Planning Policy No 55—Remediation of Land, the development remediates land contamination and removes any waste from the foreshore zone so that the area is rendered suitable for public access (where natural values will not be diminished) and harm to the Parramatta River environment is addressed and minimised, and

(l)  the development improves and makes apparent the settings of the important historic places and views along the Parramatta River and facilitates their interpretation, and

(m)  the development will result in a neutral or beneficial effect on the water quality of the Parramatta River and will not disturb contaminated river sediments in a way that creates risk of water pollution, and

(n)  any expansion of water based transport will not adversely affect the Parramatta River banks or vegetation of the Parramatta River foreshore, and

(o)  the development will result in improved visual connections to the Parramatta River, and

(p)  when public pedestrian access is not appropriate, the development provides foreshore landscaping in accordance with the Camellia Precinct Design Control Map, and

(q)  the development will result in opportunities to establish a peninsula park to commemorate Phillip’s landing site, and

(r)  the development minimises reclamation and dredging of water land.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41T The James Ruse Drive Corridor Special Area

(1) Character statement James Ruse Drive will be an attractive gateway thoroughfare to Parramatta supporting institutional uses, accommodation for visitors and business-related uses. The road will continue to be a significant regional transport artery. The corridor will be defined by well-designed buildings situated behind a significant landscaped frontage. Access to sites will be via adjoining local roads. A bus and rail interchange will be available near the new Camellia station. The station will be redeveloped to achieve integration with the surrounding land use. Safe pedestrian access will link Harris Park and Camellia transport interchange. View corridors will be retained to significant heritage buildings and the surrounding ridge lines.

(2) Consideration Before granting development consent for development within the James Ruse Drive Special Area, the consent authority must be satisfied that development:

(a)  contributes to a strong, unified and visually attractive character for James Ruse Drive, enhancing its role as an important gateway to Parramatta, and

(b)  will not impact on identified views in the Camellia Precinct Design Control Map, and

(c)  allows for a 5 metre wide landscaped buffer along the eastern side of James Ruse Drive, as shown on the Camellia Precinct Design Control Map, and

(d)  uses best available construction materials, design techniques, finishes and interior layouts to minimise the potential environmental impacts arising from James Ruse Drive and the rail line, and

(e)  provides a traffic management plan that adequately caters for local traffic movement and access to the Area, and

(f)  has vehicular access via local roads and not directly off James Ruse Drive.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41U The Grand Avenue Special Area

(1) Character Statement Grand Avenue will continue to operate as an important thoroughfare for this industrial precinct. Industries that front onto the Avenue and the Parramatta River will feature landscaping and quality building design and take advantage of the excellent location within the region for freight movement by rail and truck. The railway station will be redeveloped to achieve integration with the surrounding land use. Street improvement works and heritage interpretation will enhance the amenity of Grand Avenue and its historic significance.

The area will be anchored by a business and transport service centre adjoining the Camellia railway station. Safe pedestrian and cycle access will be provided with links through to the Parramatta River.

(2) Consideration Before granting development consent for development within the Grand Avenue Special Area, the consent authority must be satisfied that:

(a)  the development improves the amenity of the area through clean, well presented street or river frontages, quality landscaping and streetscape enhancements, and

(b)  where appropriate, public access to foreshore areas is provided, and

(c)  a traffic management plan has considered and, where applicable, appropriately responds to, the operation of the freight train and the impacts of the frequency and size of trucks on the Grand Avenue bridge, Grand Avenue and the Camellia public transport interchange, and

(d)  site access and egress ways are of a design and quality to accommodate the type, size and frequency of freight and other transport, and

(e)  the impact of traffic on pedestrians and pedestrian amenity is minimised, and

(f)  the development conserves identified views, and

(g)  the development will comply with the Camellia Precinct Design Control Map.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

Division 5 Other controls

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41V Eco-industrial development

(1) Objectives for eco-industrial development The objectives for eco-industrial development in the Camellia Precinct are as follows:

(a)  to promote and achieve the principles of eco-industrial development in the Camellia Precinct,

(b)  to capitalise on the potential that exists in the Camellia Precinct for eco-industrial development,

(c)  to identify all opportunities to move from a traditional industrial system to a cyclical system whereby the energy, by-products or waste produced by a local industry is reused by another local industry,

(d)  to facilitate the move to a cyclical system by establishing and maintaining an Input/Output Directory of energy and materials used and produced by industry in the Camellia Precinct.

(2) Provisions for eco-industrial development Before granting development consent for development within the Camellia Precinct that may generate or could use waste, by-products and energy in the Camellia Precinct, the consent authority must be satisfied that:

(a)  the proponent has consulted the Input/Output Directory and investigated the opportunities for the use or reuse of energy or materials produced by another industry in the Camellia Precinct, and

(b)  the proponent will provide information as to the type and amount of materials and energy consumed and produced by the industrial process or activity.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

41W Office development in Camellia Industrial zones

The consent authority must not consent to development for the purpose of commercial premises or an office on land within the Regional Enterprise zone and the Parramatta Road Industrial zone unless the use of the commercial premises or office is an integral part of, and ancillary to, the use of the site for a purpose that is permissible in the zone.

pt 8, divs 2–5 (cll 41A–41W): Ins 5.12.2003.

Part 9 Heritage areas and items

42 Objectives for heritage conservation

The objectives in relation to heritage are the following:

(a)  to conserve the environmental heritage of Parramatta,

(b)  to retain the cultural significance of Parramatta,

(c)  to conserve significant fabric, settings, relics and views associated with the heritage significance of heritage items and heritage conservation areas,

(d)  to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings,

(e)  to ensure that archaeological sites, potential archaeological sites and Aboriginal places are conserved,

(f)  to ensure that the heritage conservation areas throughout Parramatta retain their heritage significance, in particular, with regard to their settings.

43 Protection of heritage items, heritage conservation areas and relics

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

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

(b)  altering a heritage item or a building, work, relic or place within a heritage conservation area by making structural or non-structural changes to its exterior, including to the detail, fabric, finish or appearance of its exterior,

(c)  altering a heritage item by making structural changes to its interior,

(d)  moving a relic, or disturbing or excavating any land while knowing, or having reasonable cause to suspect, that the disturbance or excavation will, or is likely to, result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  demolishing, dismantling, moving or altering a heritage item,

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

(2), (3)    (Repealed)

cl 43: Am 2008 (571), Sch 2.15 [1].

44 Minor development

Development consent is not required by clause 43 if:

(a)  the prospective consent authority is satisfied that the proposed development:

(i)  is of a minor nature, or consists of maintenance of a heritage item or a building or work, relic, tree or place within a heritage conservation area, and

(ii)  if it is an external alteration, would only have a minor visual impact, and

(iii)  would not adversely affect the significance of the heritage item or heritage conservation area, and

(iv)  would not have an adverse impact on the amenity of the neighbourhood, and

(b)  the prospective consent authority has been notified in writing of the proposed development and the prospective consent authority has confirmed in writing, before the development is carried out, that it is satisfied that the proposed development complies with paragraph (a), and that development consent is not required by any other provision of this Plan.

45 Heritage considerations

(1)  When determining a development application required by clause 43, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(2)  This is to include (but is not limited to) consideration of:

(a)  for heritage items:

(i)  the heritage significance of the item as part of the environmental heritage of Parramatta, and

(ii)  the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii)  the measures proposed to conserve the heritage significance of the item and its setting, and

(iv)  whether any archaeological site or potential archaeological site would be adversely affected, and

(v)  the extent, if any, to which the carrying out of the proposed development would affect the form of an historic subdivision included in a heritage conservation area, and

(vi)  the advice of the consent authority’s heritage adviser or another person with appropriate skills and experience in relation to the heritage significance of the item, the impact of the proposed development on that significance and whether any amendments to the proposal could be made to minimise this impact, and

(vii)  any submission received in relation to the proposed development in response to the notification or advertising of the application, and

(b)  for heritage conservation areas:

(i)  the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place that will be affected by the proposed development makes to this heritage significance, and

(ii)  the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii)  the compatibility of any proposed building or work with nearby original buildings and the character of the heritage conservation area, including compatibility with the existing size, form, scale, orientation, setbacks, pitch and form of the roof (if any), the style, size, proportion and position of the openings for windows or doors (if any), exterior materials and detailing, and

(iv)  the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v)  whether any landscape or horticultural features of heritage significance would be adversely affected, and

(vi)  whether any archaeological site or potential archaeological site would be affected and the extent, if any, to which the carrying out of the proposed development would affect an historic subdivision included in a heritage conservation area, and

(vii)  the advice of the consent authority’s heritage adviser or another person with appropriate skills and experience in relation to the impact of the proposed development on the heritage significance of the heritage conservation area, and whether any amendments to the proposal could be made to minimise this impact, and

(viii)  any submission received in relation to the proposed development in response to the notification or advertising of the application, and

(c)  for a building that, in the opinion of the consent authority, contributes to the identity and character of Parramatta:

(i)  the extent to which the original exterior features and form of the building are intact, and

(ii)  the extent to which the original exterior features and form of any adjoining buildings are intact, and

(iii)  the contribution of the building to the history or significance of the area, and

(iv)  whether the building constitutes a danger to users or occupiers, if any, of the building.

Note—

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

cl 45: Am 2008 (571), Sch 2.15 [2].

46 Development adversely affecting a heritage item or heritage conservation area

(1)  Before granting consent for development that may undermine or otherwise damage a heritage item or heritage conservation area, that will obscure, overshadow or otherwise have an adverse effect on a view of a heritage item or heritage conservation area, or that will otherwise adversely affect the heritage significance of a heritage item or heritage conservation area (or that will have a substantial adverse effect on a view from any such item), the consent authority must assess the impact of the proposed development:

(a)  on the heritage significance, curtilage and setting of the heritage item, or heritage conservation area, and

(b)  on any significant views of or from the heritage item.

(2)  The consent authority may refuse to grant any such consent unless a heritage impact statement has been submitted that will help it to assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the item or heritage conservation area. The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the significance of the item or heritage conservation area.

47 Advertised development

The following development is identified as advertised development:

(a)  the demolition of a heritage item or a building, work, relic, tree or place in a heritage conservation area, or

(b)  the carrying out of any development allowed by clause 52.

48 (Repealed)

cl 48: Rep 2008 (571), Sch 2.15 [3].

49 Required documentation for work affecting heritage items, or a building, work, relic, tree or place within a heritage conservation area

When determining whether or not to grant a development consent required by clause 43, the consent authority:

(a)  must not grant such a consent until it has considered a heritage impact statement which includes an assessment of the relevant matters listed in clause 45, and

(b)  may refuse to grant consent until it has considered a conservation management plan to enable the consent authority to assess the impact of the proposal on the heritage significance of the item and its setting, or of the heritage conservation area.

50 Development of Aboriginal places or of known or potential archaeological sites of Aboriginal cultural significance

Before granting consent for development that is likely to have an impact on an Aboriginal place, or that will be carried out on an archaeological site that has Aboriginal cultural significance or a potential archaeological site that is reasonably likely to have Aboriginal cultural significance, the consent authority must:

(a)  consider a heritage impact statement, explaining how the proposed development could affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b)  except where the development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent, and

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

cl 50: Am 2008 (571), Sch 2.15 [4]–[6].

51 Development of other archaeological sites or potential archaeological sites

(1)  Before granting consent for development that will be carried out on any other archaeological site or potential archaeological site that is the site of a heritage item or a site within a heritage conservation area, the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2)  Subclause (1) does not apply if the proposed development will not involve disturbance of below-ground relics and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development.

cl 51: Am 2008 (571), Sch 2.15 [7].

52 Conservation incentives

The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which a building that is a heritage item is erected, even though the use would otherwise be prohibited by this Plan, if it is satisfied that the retention of the building depends on the granting of consent and:

(a)  the condition of the heritage item is such that the use of the item for any purpose which is allowed in the zone would be impractical or undesirable, and

(b)  the heritage item requires a substantial amount of capital expenditure (other than maintenance work) in order to conserve its heritage significance, and

(c)  the proposed use is in accordance with a conservation management plan which has been endorsed by the Heritage Council, and

(d)  the cost of the conservation work identified in the conservation management plan is such that there is no reasonable possibility that any of the uses which are allowed in the zone would be economically viable for the current or any future owner, and

(e)  the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(f)  the proposed use would not affect the heritage significance of the heritage item or its setting, and

(g)  any car parking spaces required by the proposed use can be accommodated without any adverse impact on the heritage significance of the heritage item or its setting, and

(h)  the proposed use would not adversely affect the amenity of land in the vicinity, and

(i)  in all other respects the proposed use complies with the provisions of this Plan.

Part 10 Transport

Division 1 Preliminary

53 Application of Part 10

Unless otherwise stated, this Part applies to the Parramatta Primary Centre.

54 Aims

The aims of this Plan with regard to transport provision are as follows:

(a)  to facilitate growth of the Parramatta Primary Centre mainly by the use of public transport, particularly by improving public transport access to and from Parramatta, by promoting efficient circulation of transport within Parramatta, and by supporting policies that encourage greater public transport use,

(b)  to achieve an overall mode split of 50% between public transport and private vehicles for the Parramatta Primary Centre (allowing for adjustments between Precincts) with a mode split of 60% for the City Centre Precinct favouring public transport (including walking and cycling) for the journey to work when employment growth reaches 60,000 in the Parramatta City Centre,

(c)  to assist in reducing transport vehicle kilometres travelled over western Sydney by encouraging a greater concentration of development in the Parramatta City Centre,

(d)  to encourage appropriate public transport infrastructure in order to achieve a high-quality public transport system,

(e)  to implement parking policies that discourage continued reliance on private vehicle use, reduce traffic congestion and improve pedestrian amenity.

Division 2 Parramatta Station

55 Parramatta Station and interchange

(1)  Parramatta Railway Station and interchange will continue in their role as the hub of the regional public transport network to accommodate the predicted growth in employment in Parramatta City Centre and increase in public transport patronage.

(2)  Parramatta Station and interchange should:

(a)  conveniently serve existing and future trip generators within the Parramatta City Centre, and

(b)  be a focus for pedestrian routes, and

(c)  provide safe, direct interchange between rail services and rail and bus services, and

(d)  provide for interchange with future rapid transit buses with provision for later conversion to light rail, and

(e)  provide taxi drop-off on both sides of the Station, and

(f)  be prominent, easily located and accessible to all users, particularly in the context of any future redevelopment of the City Centre Precinct, and

(g)  meet all public transport operational and safety requirements.

Division 3 Car parking

56 Objectives for car parking controls

The objectives of the car parking controls are as follows:

(a)  to ensure that public transport becomes the most important and efficient means of moving people to and within the Parramatta City Centre,

(b)  to encourage commuting by public transport to the Parramatta City Centre in order to reduce the number of motor vehicles travelling through and to the Parramatta City Centre, and to improve overall environmental quality and pedestrian amenity,

(c)  to continue the attractiveness and competitiveness of the Parramatta City Centre for retail and commercial activities,

(d)  to favour short-stay parking over commuter parking.

57 Car parking provisions

(1)  The number of car parking spaces provided for use for the purpose of a building of a kind described in the Table to this clause is not to exceed that calculated in accordance with that Table. Any fraction of a parking space resulting from such a calculation is to be disregarded.

(2)  Car parking spaces provided for use in connection with the use of function areas in hotels are to be available only to patrons while using the function facilities and must not be used for public car parking.

Table   Maximum car parking:

Type of proposed building	Parking spaces permitted on-site
(A) City Centre Precinct
Commercial	10 spaces per 1 000 square metres of gross floor area
Shop	1 space per 30 square metres of gross floor area
Dwelling houses	2 spaces per dwelling house
Dual occupancies	1 space per dwelling
Multi-unit housing 1 and 2 bedrooms	1 space per dwelling plus 1 space per 5 dwellings for visitors
Multi-unit housing 3 or more bedrooms	1.5 spaces per dwelling plus 1 space per 5 dwellings for visitors
Housing for aged and disabled	1 space per 10 units (subsidised) or 1 space per 5 units (privatised) plus one space per 10 units (for visitors)
Hostels and nursing homes	1 space per 10 beds plus 1 space per 2 employees plus 1 space suitable for an ambulance
Tourist hotels	1 space per 5 hotel units plus 1 space per 3 employees
Motels	1 space per 2 motel units plus 1 space per 3 employees
Restaurants	The lesser of 10 spaces per 100 square metres of development (gross floor area) or 1 space per 4 seats
Drive-in-take-away with seating	The lesser of 1 space per 10 square metres of gross floor area or 1 space per 6 seats
Warehouses	1 space per 300 square metres of gross floor area
Professional consulting rooms	1 space per 300 square metres of gross floor area
Childcare centres	1 space for every 4 childcare places
(B) Other Precincts
Commercial	1 space per 50 square metres of gross floor area
Industrial	1 space per 70 square metres of gross floor area
Shop	1 space per 30 square metres of gross floor area
Residential:
(a)  Villas, townhouses and terraces	1 space per 1 or 2 bedroom unit 1.5 spaces per 3 bedroom unit and 2 spaces per 4 bedroom unit or above plus 0.25 space per dwelling for visitor parking.
(b)  Residential flat buildings (400 metres or more from railway station and transit corridors)	1 space per 1 bedroom unit 1.25 spaces per 2 bedroom unit and 1.5 spaces per 3 or more bedroom unit plus 0.25 space per dwelling for visitor parking
(c)  Residential flat buildings (within 400 metres of railway station and transit corridors)	1 space per 1 or 2 bedroom unit 1.2 spaces per 3 or more bedroom unit and 0.25 space per dwelling for visitor parking
Housing for aged and disabled	1 space per 10 units (subsidised) or 1 space per 5 units (privatised) plus one space per 10 units (for visitors)
Hostels and nursing homes	1 space per 10 beds plus 1 space per 2 employees plus 1 space suitable for an ambulance
Other Uses:
(a)  Tourist hotels (within 400 metres of railway station and transit corridor)	1 space per 5 hotel units plus 1 space per 3 employees
(b)  Tourist hotels (beyond 400 metres of railway station and transit corridor)	1 space per 3 hotel units plus 1 space per 2 employees
(c)  Motels (within 400 metres of railway station and transit corridor)	1 space per 2 motel units plus 1 space per 3 employees
(d)  Motels (beyond 400 metres or more from railway station and transit corridor)	1 space per motel unit plus 1 space per 2 employees
(e)  Restaurants (within 400 metres of railway station and transit corridor)	The lesser of 10 spaces per 100 square metres of development (gross floor area) or 1 space per 4 seats
(f)  Restaurants (400 metres or more from railway station and transit corridor)	The lesser of 15 spaces per 100 square metres of development (gross floor area) or 1 space per 3 seats
(g)  Drive-in-take-away with seating (within 400 metres of railway station and transit corridor)	The lesser of 1 space per 10 square metres of development (gross floor area) or 1 space per 6 seats
(h)  Drive-in-take-away with seating (400 metres or more from railway station and transit corridor)	The lesser of 1 space per 8 square metres of development (gross floor area) or 1 space per 5 seats
(i)  Warehouses	1 space per 300 square metres of gross floor area
(j)  Professional consulting rooms	1 space per 30 square metres of gross floor area
(k)  Childcare centres	1 space for every 4 childcare places

cl 57, table: Am 25.2.2000; 5.12.2003.

Part 11 Other provisions

58 Application of Part 11

This Part applies to land within the City Centre, Harris Park, Government Precinct, Rydalmere Precinct or Camellia Precinct.

cl 58: Am 20.7.2001; 5.12.2003.

59 What is exempt development?

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

(2)  Development is exempt development only if:

(a)  it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, dust, waste water, waste products, grit or oil or otherwise, and

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

(c)  it complies with any relevant standards set for the development by this Plan and by any development control plan adopted for the purposes of this Plan, and

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

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

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

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

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

(i)  it is carried out behind the building line, where it is carried out in a heritage conservation area.

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

(a)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(b)  is within the Regional Park zone, or

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

(d)  is identified as a heritage item by this Plan, or

(e)  is within that part of flood liable land that is affected by the 100 year Average Recurrence Interval (ARI) flood.

cl 59: Am 5.12.2003.

60 What is complying development?

(1)  Development listed in Schedule 4 is complying development if:

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

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

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

(2)  Development is complying development only if :

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

(b)  it will achieve the relevant group of outcomes listed in Schedule 4 for the proposed development, and

(c)  it will comply with the relevant development standards set for the development by this Plan and by any development control plan adopted for the purposes of this Plan, and

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

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

(f)  a certificate of compliance has been obtained for the development, if required, from Sydney Water Corporation Limited.

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

(a)  is identified in this or any other environmental planning instrument as bush fire prone, flood liable or contaminated land. or as land subject to subsidence, slip, erosion or acid sulfate soils, or

(b)  is a site that has previously been used as a service station or a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or

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

(d)  is within the Regional Park zone, or

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

(f)  is identified as a heritage item by this or any other environmental planning instrument, or

(g)  is within the Area of National Significance (as defined for the purposes of this Plan) in the Harris Park Precinct.

(4)  A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Part 3 of Schedule 4.

cl 60: Am 20.7.2001.

61 Demolition

(1)  The demolition of a building may be carried out only with development consent.

(2)  This clause does not require consent for exempt development.

62 Subdivision

(1)  Subdivision of land, including subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, may be carried out only with development consent.

(2)  The consent authority may refuse consent to a proposed subdivision of a building on land by a strata plan or a strata plan of subdivision where it is of the opinion that the subdivision is likely to:

(a)  prevent achievement of the aims and objectives of this Plan, or

(b)  prejudice the future economic development of the land or of adjoining land.

(3)  A subdivision which creates a lot for a car parking space that is separable from the lot for a related residential unit is prohibited except where the lot for the car parking space is only for the use of a resident or occupant of the subject building.

63 Development of land near zone boundary

(1)  This clause applies to the following land:

Land in the City Centre Precinct or Government Precinct, excluding land in the Regional Park or Open Space zone, that is within 5 metres of the boundary between two zones.

(2)  Subject to subclause (3), development may, with development consent, be carried out on land for any purpose for which development may be carried out (with or without consent) within the zone adjacent to the zone within which the development is to be carried out.

(3)  Consent must not be granted to the carrying out of development pursuant to this clause, unless the carrying out of the development is necessary, in the opinion of the consent authority, due to design requirements relating to the subdivision of land to which this clause applies.

64 Minor council works and maintenance

(1)  Development carried out by or on behalf of the Council for the purpose of the following may be carried out on any land, excluding land in the Regional Park zone, without development consent:

(a)  provision of roads, stormwater drainage, recreation areas, landscaping, gardening, public amenities, or cycle ways,

(b)  provision of street furniture, such as benches, council information signs, public artwork installations, street lights, and telephone kiosks,

(c)  minor improvements to footpaths and other public pedestrian areas, such as tree planting and repaving, street surfacing, reconstruction of kerbs, footpaths, gutters and the like.

65 Community use of educational establishments and other community facilities for community purposes

Development consent may be granted for the use of an educational establishment or other community facility for any community purpose, such as a meeting room, public library, sport or recreation facility or for any other community purpose, whether or not such use is a commercial use of the land.

66 Temporary use of land

(1)  Regardless of any other provisions of this Plan, consent may be granted to development on land within any zone for any temporary purpose for a maximum period of 28 days, whether consecutive or not, in any one calendar year.

(2)  Regardless of any other provisions of this Plan, consent may be granted to development (excluding development for the purpose of advertising or advertising structures) which is approved by the Sydney Organising Committee for the Olympic Games to be carried out for a period of not more than 84 days.

(3)  Before granting consent for development as referred to in subclause (1) or (2), the consent authority must be satisfied that:

(a)  the temporary use is necessary and reasonable for economic use of the land pending its subsequent development in accordance with this Plan, and

(b)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan, and

(c)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(d)  appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent.

67 Access for mixed use buildings

The consent authority must not consent to development for the purpose of a mixed use building, which includes two or more dwellings, unless it is satisfied that a separate entrance and separate internal access will be provided for use exclusively for the purpose of the dwellings.

68 Foreshore development

Before granting consent for development which includes works adjacent to the Parramatta River foreshore, the consent authority must consider how the proposed development will affect:

(a)  the preservation and enhancement of the natural features and vegetation of the area, and

(b)  the visual amenity of the foreshore, and

(c)  the historic and cultural significance of the foreshore, and

(d)  all opportunities to increase public access to the foreshore through acquisition, dedication or right-of-way.

69 Development within foreshore building line

(1)  The consent authority may, by order, fix a foreshore building line in respect of any land fronting the Parramatta River.

(2)  A foreshore building line, when fixed in accordance with this clause, is to be recorded by the consent authority concerned on a map kept at the office of the consent authority concerned and made available for inspection by the public during ordinary office hours.

(3)  Except as provided by subclauses (4) and (5), a building must not be erected on any land to which this Plan applies between a foreshore building line and the mean high watermark of the nearest waterway.

(4)  The consent authority may grant consent for the erection of a building between a foreshore building line and the mean high watermark of the nearest waterway but only if the consent authority is satisfied that there is no alternative to erecting the building on that location.

(5)  A person may, with the consent of the consent authority, erect or establish:

(a)  boat sheds, or

(b)  sea walls, or

(c)  wharves, slipways, jetties, or

(d)  waterway access stairs, or

(e)  fences, or

(f)  picnic facilities, cycle ways or walking trails,

on land between a foreshore building line and the mean high watermark of the nearest waterway.

(6)  Before granting development consent to development referred to in subclauses (4) or (5), the consent authority must take into consideration the following matters:

(a)  the appearance of the development from both the waterway and adjacent foreshore areas,

(b)  whether the development will cause pollution or siltation of the waterway,

(c)  whether the development will have an adverse effect on surrounding uses, aquatic habitat, wetland areas, flora or fauna habitats,

(d)  whether the development will have an adverse effect on drainage patterns,

(e)  whether the development will cause congestion of the waterway or generate conflicts between people using open space areas or the waterway,

(f)  the desirability of ensuring continuous public access or habitat connectivity along the foreshore and to the waterway, provided there are no negative ecological impacts,

(g)  any effects on the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and on surrounding land,

(g1)  whether the development will have an impact on identified views,

(h)  whether the development will disturb any acid sulphate soil,

(i)    (Repealed)

(j)  whether the development will have an impact on seagrass, mangroves or other marine habitat,

(k)  the provision and suitability of any environmental monitoring or environmental rehabilitation, or ecological restoration, with regard to the proposed development,

(l)  whether the development will protect the riparian areas and environment protection areas from overshadowing or will have an adverse impact on the lighting of those areas.

cl 69: Am 5.12.2003; 2004 No 55, Sch 2.39 [2]; 2006 No 58, Sch 2.66; 2008 (571), Sch 2.15 [8] [9].

70 Outdoor advertising and signage

(1)  Development for the purpose of an advertisement may be carried out with development consent if it is not exempt development and is not prohibited by this clause.

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

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

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

(3)  Development for the purpose of the following is prohibited:

(a)  an advertisement on land that is within any of the following zones or descriptions of land:

(i)  environmentally sensitive areas,

(ii)  heritage areas,

(iii)  national parks,

(iv)  natural or other conservation areas,

(v)  nature reserves,

(vi)  open spaces,

(vii)  residential zones (but not including a mixed residential and business zone, or similar zones);

(viii)  scenic protection areas,

(ix)  waterways,

(b)  an advertisement on land within a mixed residential and business zone, or any similar zone, if the development is not exempt development or otherwise allowed by subclause (2),

(c)  pole or pylon advertising signs.

(4)  Before granting development consent for development that involves the erection or display of signage (including advertising), the consent authority must be satisfied that the signage (including advertising):

(a)  is compatible with the desired amenity and visual character of the area, and

(b)  provides effective communication in suitable locations, and

(c)  is of high quality design and finish.

cl 70: Am 5.12.2003.

71 Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Columns 1 and 2 of Part 1 of Schedule 5:

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

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

(3)  Land described in Columns 1 and 2 of Part 2 of Schedule 5, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 2 of Schedule 5.

(4)  In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 5, means the local environmental plan that inserted the description of the land into that Part.

(5)  Before the relevant amending plan inserted the description of land into Part 2 of Schedule 5, the Governor approved of subclause (3) applying to the land.

cl 71: Subst 21.11.2003.

72 Acquisition and development of reserved land

Note—

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

(1)  The owner of any land reserved for future acquisition may, by notice in writing, request the appropriate acquisition authority to acquire that land.

(2)  The appropriate acquisition authority for reserved land is indicated in the Table below.

(3)  Subject to subclause (4), on receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.

(4)  The Roads and Traffic Authority is not required to acquire land the subject of a notice referred to in subclause (1):

(a)  unless:

(i)  a development application has, since the land last became subject to this clause, been made in respect of the land, or

(ii)  the Authority has refused to grant its concurrence, as referred to in subclause (6), to the proposed development, or

(b)  unless the land is vacant land, or

(c)  unless the Authority has publicly indicated that it proposes to carry out development on the land within the next 5 years, or

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

(5)  Until:

(a)  land the subject of a notice referred to in subclause (1) is acquired by the public authority concerned, or

(b)  land that has been acquired under this clause is developed for the purpose for which it has been acquired,

development may, with development consent, be carried out on the land for any purpose, where the consent authority is satisfied that the development will not adversely affect the usefulness of the land for the purpose for which it has been reserved.

(6)    (Repealed)

(7)  In determining whether to grant consent under subclause (5), the consent authority must take into consideration:

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

(b)  the imminence of acquisition, and

(c)  the cost of re-instatement of the land for the purpose for which the land is to be acquired.

Table   Appropriate acquisition authority

Precinct	Reserved for	Notation on the zoning map	Acquisition authority
City Centre	open space	PCC	Parramatta City Council
City Centre	open space	C	the Corporation under the Act
City Centre	local road widening	PCC	Parramatta City Council
City Centre	arterial road widening	RTA	Roads and Traffic Authority
Harris Park	local road widening	PCC	Parramatta City Council

cl 72: Am 2008 (571), Sch 2.15 [10]–[12].

cl 72, table: Am 20.7.2001.

73 Development along public transport corridors

(1)  In this clause, public transport corridor means land shown stippled black on the map marked “Sydney Regional Environmental Plan No 18—Public Transport Corridors”, a copy of which is deposited in the office of each consent authority.

(2)  Despite any other provision of this Plan:

(a)  a person must not carry out development on land within a public transport corridor, and

(b)  the consent authority must not consent to the carrying out of development on land within, or in the immediate vicinity of, a public transport corridor,

otherwise than in accordance with the provisions of Sydney Regional Environmental Plan No 18—Public Transport Corridors.

74 Reservation and acquisition of public transport corridor land

(1)  This clause applies to land shown coloured yellow and stippled black on the map marked “Sydney Regional Environmental Plan No 18—Public Transport Corridors”.

(2)  The land to which this clause applies is reserved for public transport purposes.

(3)  The owner of land to which this clause applies may, by notice in writing, require the corporation to acquire the land.

(4)  On receipt of a notice referred to in subclause (3), the corporation must acquire the land to which the notice relates.

75 Noise and vibration

(1)  Consent must not be granted to any proposed development:

(a)  that, in the opinion of the consent authority, may be adversely affected by rail-related noise or vibration, or

(b)  that will be carried out on land near a classified road, within the meaning of the Roads Act 1993,

unless the development incorporates assessment and mitigation measures which are consistent with current Environment Protection Authority noise policies, including the Industrial Noise Policy and Environmental Criteria for Road Traffic Noise.

(2)  The consent authority must not consent to any proposed development unless it is satisfied that the development will not generate unacceptable noise impact on the surrounding area.

(3)  If a residential development is adjacent to a major road or rail corridor, the consent authority must ensure that the siting, location, design and materials of the building respond to, and minimise, potential noise impacts on future residents of the site.

cl 75: Am 5.12.2003.

76 Development on flood liable land

(1)  Despite any other provision of this Plan, the consent authority may refuse to grant consent to the carrying out of development on flood liable land if, in the opinion of the consent authority, the development may:

(a)  be inconsistent with any policy or floodplain risk management plan adopted by Parramatta City Council in accordance with the principles contained in the manual entitled Floodplain Management Manual (dated January 2001) or any subsequent manual relating to the management of flood liable land notified in the Gazette by the Minister, or

(b)  detrimentally increase the potential affect of floods on other development or property, or

(c)  result in, to a substantial degree, an increased risk to human life, or

(d)  be likely to result in additional economic and social cost that could not reasonably be managed by potentially affected persons and the general community, or

(e)  adversely affect the environment of the floodplain by causing avoidable erosion, siltation, unnecessary destruction of river bank vegetation or a reduction in the stability of the river bank.

(2)  When undertaking an assessment required by this clause, the consent authority must take into consideration the impact of the development in combination with the cumulative impact of development that is likely to occur within the same floodplain.

(3)    (Repealed)

cl 76: Subst 5.12.2003. Am 2008 (571), Sch 2.15 [13].

77 Excavation and filling of land

(1)  A person may excavate or fill land to which this Plan applies only with development consent.

(2)  When assessing an application for consent required by subclause (1), the consent authority must have particular regard to:

(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality, and

(b)  the effect of the proposed works on the likely future use or redevelopment of the land, and

(c)  the quality of the fill or of the soil to be excavated, or both, and

(d)  the effect of the proposed work on the existing and likely amenity of adjoining properties, and

(e)  the source of any fill material or the destination of any excavated material, and

(f)  the likelihood of disturbing relics.

(3)  Subclause (1) does not apply to:

(a)  any excavation or filling of land necessarily carried out to allow development for which consent has been granted under the Act, or

(b)  any excavation or filling of land which is considered by the prospective consent authority to be of a minor nature.

78 Restricted premises

Consent may be granted to the carrying out of development for the purpose of restricted premises only where conditions are imposed requiring that:

(a)  no part of the restricted premises, other than an access corridor, will be located within 1 500 millimetres (measured vertically) from any adjoining footpath, roadway, arcade or other public thoroughfare, and

(b)  no part of the restricted premises or building in which the premises will be situated will be used as a dwelling unless separate access will be available to the dwelling, and

(c)  any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and

(d)  no other objects, products or goods related to the restricted premises will be visible from outside the premises.

This clause does not limit the conditions that may be imposed on such a consent.

79 Brothels

In determining an application to carry out development for the purpose of a brothel, the consent authority must consider the following:

(a)  whether the operation of the brothel will be likely to cause a disturbance in the neighbourhood because of its size, location, hours of operation or clients or the number of employees and other people working in it,

(b)  whether the operation of the brothel will be likely to interfere with the amenity of the neighbourhood,

(c)  whether the operation of the brothel will be likely to cause a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood involving similar hours of operation,

(d)  any other environmental planning instruments that the consent authority considers relevant.

80 Development in the Open Space zone

(1)  Consent must not be granted for development on land within the Open Space zone unless the consent authority has taken into consideration whether the proposed development is consistent with any plan of management for the land adopted by the Council.

(2)  Consent must not be granted for development on land within the Open Space zone unless the consent authority has taken into consideration all of the following:

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

(b)  whether the impact of the proposed development will be detrimental to the existing or future use of the land,

(c)  whether the proposed development will be for the purpose of recreation or will be secondary and complementary to the use of the land for the purpose of recreation,

(d)  whether the height and bulk of any proposed building or structure has regard to existing vegetation, topography and stormwater flow,

(e)  in the case of public open space, whether the proposed development will significantly diminish public use and access to public open space,

(f)  whether the proposed development is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses.

81 Telecommunications facilities

(1)  A person must not erect a structure or work for telecommunications infrastructure except with development consent.

(2)  Consent must not be granted for the erection of a structure or carrying out of work for the purpose of telecommunications infrastructure unless the consent authority has taken into consideration the following:

(a)  the potential for underground installation,

(b)  the potential for co-location with existing facilities,

(c)  the impact of the infrastructure on visual amenity,

(d)  the impact of the infrastructure on the heritage significance of the area and heritage items,

(e)  the impact of the infrastructure on vegetation and street infrastructure.

82 Tree preservation

(1)  Consent is required before a person ringbarks, cuts down, tops, prunes, lops, removes, injures, poisons or wilfully destroys any tree that has an overall height of 3 metres or more above the ground.

(2)  Development consent is not required where:

(a)  the tree’s condition constitutes an immediate threat to life or property, or

(b)  the tree is included in any current list of noxious plants from time to time published by the Department of Agriculture, or

(c)  the trunk of the tree is located within 1 metre from any part of any habitable building or within 1 metre from any underground utility service main, or

(d)  the work involves only minor pruning which is necessary to promote growth or fruit production, or to improve the shape of the tree’s canopy, and is not likely to jeopardise the tree’s existence, or

(e)  the tree is in a State forest within the meaning of the Forestry Act 1916, or is trimmed or otherwise dealt with in accordance with the Electricity Supply (Safety Plans) Regulation 1997 or the Electricity (Tree Preservation) Regulation 1995, or

(f)  the work consists of any clearing that involves the removal or lopping of the tree in accordance with the Roads Act 1993.

(3)  Consent required by this clause must not be granted unless the consent authority has considered:

(a)  the reason for the proposed work, and

(b)  the contribution of the tree to the local landscape or streetscape, and

(c)  the type and rarity of the species, and

(d)  the number of trees in the vicinity, and

(e)  whether the tree may become dangerous or damage property or utility services, and

(f)  whether new plantings are proposed or are desirable, and

(g)  the effect of the proposed work on local views, on solar access to properties and on local amenity, and

(h)  any heritage or ecological habitat significance of the tree, and

(i)  the effect of the proposed work on soil conservation and erosion, and

(j)  the effect of the proposed work on flora and fauna habitat.

83 Acid sulfate soils

(1)  A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).

Table

Class of land as shown on Acid Sulfate Soils Planning Map	Works
1	Any works
2	Works below natural ground surface Works by which the water table is likely to be lowered
3	Works beyond 1 metre below natural ground surface Works by which the water table is likely to be lowered beyond 1 metre below natural ground surface
4	Works beyond 2 metres below natural ground surface Works by which the water table is likely to be lowered beyond 2 metres below natural ground surface
5	Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the water table below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land

(2)  For the purposes of the Table to subclause (1), works include:

(a)  any disturbance of more than 1 tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundation, or flood mitigation works), or

(b)  any other works that are likely to lower the water table.

(3)  This clause does not require consent for the carrying out of those works if:

(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the prospective consent authority, and

(b)  the prospective consent authority has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(4)  Consent required by this clause must not be granted unless the consent authority has considered:

(a)  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

(b)  the likelihood of the proposed development resulting in the discharge of acid water, and

(c)    (Repealed)

(5)  This clause requires consent for development to be carried out by councils, county councils or drainage unions despite:

(a)  clause 35 and items 2 and 11 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, as adopted by this Plan, and

(b)  clause 10 of State Environmental Planning Policy No 4—Development Without Consent.

cl 83: Am 2008 (571), Sch 2.15 [14].

84 Savings and transitional provisions

Schedule 8 has effect.

cl 84: Ins 20.7.2001.

Part 12 Ecological sustainability provisions

pt 12 (cll 85–89): Ins 5.12.2003.

85 Objectives for ecological sustainability

For the purposes of this Plan, the objectives for ecological sustainability are as follows:

(a)  to encourage environmental management best practice that protects and promotes the natural assets of the Parramatta City Centre, Harris Park, Government, Rydalmere and Camellia Precincts,

(b)  to improve environmental performance that minimises energy and resource use as well as off-site air quality, noise, odour, dust, water, soil and contamination impacts,

(c)  to protect and enhance local and regional biodiversity, particularly maximising the extent and integrity of aquatic and ecologically sustainable land areas along the corridors of the Parramatta River, the Duck River and their tributary creeks,

(d)  over time, to measurably improve the environmental quality of the Parramatta Primary Centre.

Note—

Potential ecological sustainability indicators include: runoff, water quality (including ground water quality), flooding problems, water consumption compared to industry best-performance, proportion of industrial properties assessed for contamination, noise and odour complaints, extent of sensitive population adversely affected by traffic noise, on-site air pollutant production, on-site greenhouse gas production, energy conservation performance compared to industry averages, waste generation rates compared to industry average or to targets of any industry waste reduction plans, proportion of inputs that entail reuse or recycling, proportion of outputs that are reused or recycled, proportion and extent of key foreshores or riparian habitats in natural state, diversity of key endemic species and extent of pest species, domestic utilisation of green energy such as solar hot water systems.

pt 12 (cll 85–89): Ins 5.12.2003.

sch 1: Am 20.7.2001; 10.8.2001; 1.3.2002; 20.12.2002; 14.3.2003; 5.12.2003.

86 Contaminated land

(1)  If the consent authority has information that indicates that a site has been used previously or is being used for any activity that is likely to have contaminated the site, the consent authority must not consent to development of that site until it has made an assessment as to whether remediation is to be carried out.

(2)  In making the assessment, the consent authority may require the applicant for development consent to undertake a contamination assessment that will require the investigation of previous uses, sampling and testing of the land to show if the land is contaminated.

(3)  If it is shown that the land is contaminated and requires remediation, the consent authority may require that a remediation action plan be prepared by the applicant for development consent to show that the land can be remediated, to a standard that can accommodate the proposed use, prior to the determination of any application for development consent.

(4)  In determining whether or not to grant consent to an application, the consent authority must take into consideration any guidelines, protocols or standards known to it that are relevant to remediation procedures and the type of contamination of the land that have been published by the Environment Protection Authority and the Department of Infrastructure, Planning and Natural Resources.

(5)  When granting such a consent, the consent authority may impose, but is not limited to, conditions that:

(a)  require remediation of the land or any part of it to an appropriate standard, and

(b)  prohibit the carrying out of development on any part of the land pursuant to consent until the consent authority accepts in writing an independent site audit statement verifying the remediation of the land to an appropriate standard.

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

pt 12 (cll 85–89): Ins 5.12.2003.

87 Biodiversity

Before granting development consent for any development, and before undertaking any works, the consent authority must be satisfied that:

(a)  the continuity of existing mangrove strands and salt marshes is maintained and adequate buffers are provided, and

(b)  any other nearby habitats and populations are preserved and opportunities identified for their enhancement through complementary landscaping, ecological restoration, habitat creation, planting and the form of the development, and

(c)  functional habitat is created through large continuous vegetated areas in preference to smaller, narrower, dispersed areas, and

(d)  linkages between existing aquatic and terrestrial ecological remnants are maximised.

pt 12 (cll 85–89): Ins 5.12.2003.

88 Development of land adjacent to an environmental protection zone

The consent authority must not grant development consent for the development of land that is adjacent to land in an environmental protection zone unless it has taken into consideration:

(a)  the need to protect and preserve the environmental protection zoned land, and

(b)  the need to retain any bushland on the adjacent land for a buffer zone, and

(c)  the effect of the proposed development on the adjoining bushland, including the erosion of soil, the siltation of streams and waterways and the spread of weeds and exotic plants, the effect of landscaping on local fauna, overshadowing, overland flow path and stormwater run-off, removal or degradation of existing vegetation, and light and noise effects on fauna, and

(d)  any other matters that are relevant to the protection and preservation of the bushland area.

pt 12 (cll 85–89): Ins 5.12.2003.

89 Other ecological sustainability development controls

Before granting development consent for any development, the consent authority must give consideration to whether:

(a)  a site water cycle management plan will be developed and implemented that addresses surface and ground water quality protection, surface water flow management, on-site retention, water sensitive urban design and stormwater, and

(b)  facilities and measures are included, wherever possible, for on-site management of trade waste and wastewater, as well as measures that have been developed to prevent environmental damage during flooding from on-site storage of waste and chemicals, and

(c)  a waste management plan will be developed and implemented that minimises the use of resources, and maximises the reduction, reuse and recycling of materials, and

(d)  all viable cleaner production measures are incorporated into the development, and

(e)  an energy management plan will be developed and implemented that focuses on the containment or reduction of greenhouse gas emissions through energy conservation or the use of alternative energy sources, and

(f)  a site air quality management plan will be developed and implemented to minimise local air quality impacts such as on-site dust, particulate and fuel emissions and impacts from traffic generated by the development, and

(g)  odour impacts will be assessed and mitigative measures employed that address adverse odour impacts from on-site activities or traffic generated by the development, and

(h)  the development will disturb contaminated river sediments in a way that creates a risk of water pollution and public health, and

(i)  in Camellia Precinct only, the development will disturb contaminated groundwater in a way that increases the risk of surface water pollution or concentration of groundwater under other properties, and

(j)  noise and vibration impacts have been assessed and mitigative measures employed consistent with the requirements of clause 75 so as to address unacceptable noise generated from the development or to address noise impacts from adjoining sites.

pt 12 (cll 85–89): Ins 5.12.2003.

Dictionary

(Clause 8 (1))

Aboriginal place means:

(a)  any site which has the physical remains of pre-European occupation by, or is of contemporary significance to, Aboriginal people. Such a site can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and carved trees and sharpening grooves, or

(b)  a natural Aboriginal sacred site or other sacred feature. These sites include natural features such as creeks or mountains of cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.

Acid Sulfate Soils Planning Map means the series of maps marked “Acid Sulfate Soils Planning Maps” kept in the office of the Council.

Adjoining land means any land which abuts the land the subject of the development application concerned or which would abut the land if it were not separated from it by a public road.

Advertisement means a sign, notice, device or representation in the nature of an outdoor advertisement visible from any public place or public reserve, or from any navigable water.

Advertising structure means a structure used or intended to be used principally for the display of an advertisement, but does not include a pole or pylon sign.

A.H.D. means Australian Height Datum.

Amusement centre means a building or place (not being a hotel or pub) used principally for playing:

(a)  billiards, pool or other like games, or

(b)  electrically or mechanically operated amusement devices, such as pinball machines, video games and the like.

Appointed day means the day on which this Plan took effect.

Archaeological assessment means an assessment made by an archaeologist to determine the archaeological potential of a site.

Archaeological site means a site identified as an archaeological site in Part 1 or 2 of Schedule 6 and shown on the City Centre Heritage Map, Harris Park Heritage Map, or Government Heritage Map as an archaeological site. It includes a site known to the consent authority to have archaeological significance even if it is not so identified and shown.

Architectural roof features means minor decorative features such as finials, flag poles and the like.

Area of National Significance means the area shown edged with a broken blue line on the Harris Park Precinct Special Areas Map.

At-grade means an access point or open space with a reduced level (R.L.) which generally reflects the natural topography of the site but which may be augmented by stairs, terracing, elevated platforms and the like, provided that convenient and sufficient disabled access is provided through the site in accordance with the Building Code of Australia and that sufficient solar, pedestrian and vehicular access is provided to adjacent properties.

Attic means a room contained within a pitched roof.

Automotive uses means a use of a building or work or land for the purpose of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale and installing automotive accessories or parts and includes a service station, a car repair station, a motor showroom, an auto electrician’s workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions, but does not include a panel beating workshop (other than a place used for panel beating of a minor nature ancillary to a motor showroom).

Backpackers’ accommodation means a building or part of a building providing temporary accommodation for travellers and tourists who have their principal place of residence elsewhere and having an average of two or more beds in each room and a communal kitchen, living areas and laundry facilities.

Bed and breakfast means a dwelling in which the permanent residents provide short-term accommodation (which may include meals) for commercial purposes.

Boarding house means a building or part of a building let in lodgings or a hostel which provides lodgers with a principal place of residence, but does not include backpackers’ accommodation, a guest house, serviced apartments, or any other building defined in this Schedule.

Brothel means premises habitually used for the purposes of prostitution or that are designed for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

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.

Bushfire hazard means the potential severity of a bushfire as determined by climate and weather patterns, vegetation (fuel), and slope.

Bushfire hazard management works means:

(a)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area, or

(b)  the establishment or maintenance of fire breaks on land, or

(c)  any works for mitigating against the spread of a bush fire,

but does not include:

(d)  the construction of a track, trail, or road, or

(e)  the removal of leaf litter, or

(f)  minor maintenance work (other than works related to the establishment of fire breaks on land) that do not involve the removal or destruction of live vegetation.

Bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that gives rise to an increased bushfire hazard.

Business identification sign means a sign:

(a)  that indicates:

(i)  the name of the person, and

(ii)  the business carried on by the person,

at the premises or place at which the sign is displayed, and

(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person who does not carry on business at the premises or place.

Camellia Precinct Design Control Map means the map marked “Camellia Precinct Design Control Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Design Control Map”.

Camellia Precinct Height Map means the map marked “Camellia Precinct Height Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Height Map”.

Camellia Precinct Heritage Map means the map marked “Camellia Precinct Heritage Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Heritage Map”.

Camellia Precinct Special Areas Map means the map marked “Camellia Precinct Special Areas Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Special Area Map”.

Camellia Precinct Zoning Map means the map marked “Camellia Precinct Zoning Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Camellia Precinct—Zoning Map”.

Car parking station means a building or place primarily used for the purpose of parking motor vehicles (whether on a casual or permanent basis) in exchange for payment.

Car repair station means a building or place used for carrying out repairs to motor vehicles or agricultural machinery, but not used for:

(a)  body building, or

(b)  panel beating involving dismantling, or

(c)  spray painting, except for touching up.

Child care centre means a building or place where a child care service (such as a service of the kind provided at a long day care centre, a purpose-designed child care centre, an occasional centre, an outside of school hours care centre, a pre-school centre or the like) is provided for the purpose of education, minding or caring for 6 or more children, but does not include overnight accommodation.

City Centre Floor Space Ratio Map means the map marked “Parramatta City Centre Floor Space Ratio Map”, as amended by the maps (or the specified sheets of the maps) marked as follows:

Editorial note—

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

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 3)—Parramatta City Centre Floor Space Ratio Map

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Floor Space Ratio Map

City Centre Height Map means the map marked “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 2)—City Centre Height Map”, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

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

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 3)—Parramatta City Centre Height Map

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Height Map

City Centre Heritage Map means the map marked “Parramatta City Centre Heritage Map”, as amended by the maps (or the specified sheets of the maps) marked as follows:

Editorial note—

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

City Centre Special Areas Map means the map marked “Parramatta City Centre Special Areas Map—Height”, as amended by the maps (or the specified sheets of the maps) marked as follows:

Editorial note—

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

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 3)—Parramatta City Centre Special Areas Map

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 5—Church Street

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 8—Civic Centre, Height

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Special Areas Map, Sheet 10—Civic Place, Design Framework

City Centre Zoning Map means the map marked “Parramatta City Centre—Zoning Map”, as amended by the maps (or the specified sheets of the maps) marked as follows:

Editorial note—

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

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 3)—Parramatta City Centre Zoning Map

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 4)—Parramatta City Centre Zoning Map

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)—Parramatta City Centre—Zoning Map

Civic Place means land within the Parramatta City Centre that is located on the northern side of the Parramatta Railway Station and bounded by Macquarie Street, Smith Street, Darcy Street and Church Street Mall.

Civic Square means the public space within Civic Place as shown on the map marked “Parramatta City Centre—Special Areas Map—Civic Place, Design Framework Map”, with pedestrian linkages to the adjoining street network.

Club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, 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, or a building or place used for a purpose elsewhere specifically defined, in this Schedule.

Communication device means a satellite communication dish or similar structure, or a television antenna or radio transmission mast or aerial, with a maximum height, width and depth of no more than 5 metres.

Community facility means a building or place owned or controlled by the Council, another public authority or a religious organisation, or associated body of persons, for the physical, social, cultural, economic, intellectual or religious welfare of the community, which may consist of or include:

(a)  a public library, rest rooms, meeting rooms, recreation facilities, a child care centre, cultural activities, social functions or any similar building, place or activity, or

(b)  a community club, being a building or place used by persons sharing like interests, but not a registered club,

whether or not that building or place is also used for another purpose.

Complying development (see clause 60).

Conservation management plan means a document prepared in accordance with the provisions of the New South Wales Heritage Manual that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

Contaminated land has the same meaning as in section 145A of the Act.

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

Dual occupancy means two self-contained dwellings (whether attached or detached) on a single allotment of land (or that would be on a single allotment were it not for the fact that the allotment is to be subdivided as part of the development creating the dual occupancy).

Dwelling means a room or a 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 capable of containing one but not more than one dwelling.

Eco-industrial development means industrial development that contributes to the industrial ecology of an area or system by:

(a)  producing energy, water or materials used by another industry, or

(b)  consuming energy, water or materials produced by another industry.

Ecological restoration means restoring the living communities, habitats, water and land resources of an area to a more natural form and function.

Ecologically sustainable development means development that is based on the philosophy of conserving and recycling resources to contribute to the restoration of underlying ecological processes and that involves the integration of ecological processes such as on-site stormwater absorption, soil conservation, grey water recycling, renewable energy harvesting, natural habitat and air quality.

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.

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

Exempt development (see clause 59).

Existing height of a building means the height of the building at the commencement of this Plan.

Fascia sign means a sign attached to the fascia or return of an awning.

Flood liable land (being synonymous with ‘flood prone land’ and ‘floodplain’) means an area of land that is subject to inundation by floods up to, and including, an extreme flood such as a probable maximum flood (PMF).

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

Floor space area of a building means the sum of the gross horizontal areas of each floor of the building contained within the inner faces of the outer walls measured at a height of 1.5 metres above the floor, including the space occupied by internal walls, staircases, lobbies, corridors and toilets, and above ground parking (for above ground parking, the floor space area is measured at the inner side of the car safety barrier at the perimeter of the building), but not including:

(a)  the horizontal cross section of lift shafts and vertical service ducts measured between the wall faces internal to the lift shaft or duct, or

(b)  any space permanently set aside within the building for underground parking (other than spaces used for public car parking), and for the unloading or loading of vehicles, including ramps or other means of access to it, or

(c)  any space for the accommodation of mechanical or electrical plant or equipment servicing the building, or

(d)  any terraces and balconies with walls less than 1.5 metres high.

Floor space ratio means the ratio of the floor space area of all buildings on a site to the site area.

Flush wall sign means a sign which is attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300 millimetres from the wall.

General advertising means any advertising that does not relate, in its content, to the use of the property on which the advertisement is to be displayed.

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

Government Heritage Map means the map marked “Government Precinct—Heritage Map”, as amended by the maps (or the specified sheets of the maps) marked as follows:

Editorial note—

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

Government Precinct Special Areas Map means the map marked “Government Precinct—Special Areas Map”, as amended by the maps (or the specified sheets of the maps) marked as follows:

Editorial note—

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

Government Precinct Zoning Map means the map marked “Government Precinct—Zoning Map”, as amended by the maps (or the specified sheets of the maps) marked as follows:

Editorial note—

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

Habitat means an area or areas occupied, whether or not only periodically or occasionally, by a species, population or ecological community, and includes any biotic or abiotic component.

Harris Park Heritage Map means the map marked “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 2)—Harris Park Precinct—Heritage Map”.

Harris Park Precinct Design Control Map means the map marked “Harris Park Precinct—Design Control Map”, as amended by the maps (or specified sheets of maps) marked as follows:

Editorial note—

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

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 5)—Harris Park Precinct Design Control Map

Harris Park Precinct Height Map means the map marked “Harris Park Precinct—Height Map”, as amended by the maps (or specified sheets of maps) marked as follows:

Editorial note—

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

Harris Park Precinct Special Areas Map means the map marked “Harris Park Precinct—Special Areas Map”, as amended by the maps (or specified sheets of maps) marked as follows:

Editorial note—

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

Harris Park Precinct Zoning Map means the map marked “Harris Park Precinct—Zoning Map”, as amended by the maps (or specified sheets of maps) marked as follows:

Editorial note—

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

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 5)—Harris Park Precinct Zoning Map

Health care professional means a person registered under the appropriate Act or by the appropriate professional association and who provides professional health care services to members of the public.

Height of a building means the vertical distance measured in metres to the ceiling of the topmost floor from the horizontal plane at the average of the heights of the tops of the street kerbs nearest to each end of the street frontage of the building but:

(a)  if the building has frontages to more than one street, the vertical distance is to be measured from the horizontal plane at the average of the heights of the tops of the street kerbs nearest to each end of the highest and lowest street frontages of the building, unless paragraph (b) or (c) applies, or

(b)  if the building has frontages to two streets forming a street corner, the vertical distance is to be measured from the horizontal plane at the average of the heights of the tops of the street kerbs nearest to each end of the higher or highest street frontage of the building, unless paragraph (c) applies, or

(c)  if the building does not have a frontage to a street 10 or more metres wide, the vertical distance is to be measured from the horizontal plane at the average of the heights of the tops of the street kerbs nearest to each end of the street frontage of the building to the widest street to which the building has a frontage, unless paragraph (d) applies, or

(d)  if the building does not have a frontage to any street, the vertical distance is to be measured from the natural ground level, as it was at the commencement of this Plan, directly below the topmost point of the building or, if it is higher than the natural ground level, from the floor level of the building that is nearest to the former natural ground level directly below that topmost point.

Helipad means an area or place not open to public use which is authorised by the Department of Transport and set apart for the taking off and landing of helicopters.

Heliport means an area or place open to public use which is for the use of helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

Heritage conservation area means land described in Part 3 of Schedule 6 and shown edged heavy blue on any of the following maps:

City Centre Heritage Map,

Harris Park Heritage Map,

Government Heritage Map,

and includes buildings, works, relics, trees or places situated on or within that land.

Heritage impact statement means a statement demonstrating the significance of an item, a property or a relic, an assessment of the impact that proposed development will have on that significance and the measures that are proposed to minimise that impact.

Heritage item means a building, work, relic, tree or place or a component of a building, work, relic, tree or place, that is described in Part 1 or 2 of Schedule 6 and shown coloured blue on any of the following maps:

City Centre Heritage Map,

Harris Park Heritage Map,

Government Heritage Map.

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

High technology industry means an enterprise that has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a)  electronic and microelectronic systems, goods and components,

(b)  information technology, computer software and hardware,

(c)  instrumentation and instruments,

(d)  biological, pharmaceutical, medical or paramedical systems, goods and components,

(e)  other goods, systems and components intended for use in science and technology.

Home activity means any business, profession or industry carried on in a building or room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling, where:

(a)  only goods made or produced, or services offered, as a result of the activity or pursuit are displayed, sold or provided, and

(b)  the primary use of the dwelling is for residential purposes, and

(c)  the activity is carried out by the permanent residents of the dwelling, and

(d)  the activity or pursuit does not:

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

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

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

(iv)  generate traffic out of keeping with the surrounding area.

Hospital means a building or place (other than an institution) used for providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there) and includes:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants, and ancillary accommodation for persons receiving health care or for their visitors, and

(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

Hotel means premises which require a hotelier’s licence to be granted under the Liquor Act 1982.

Identified views means historic and significant views identified in the Parramatta Strategy 1999.

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 in a process ancillary to any business,

but does not include an extractive industry.

Input/output directory means a register maintained by Parramatta City Council that details the energy, water and materials used and produced by industry in the Camellia Precinct, and includes any guidelines for the provision of information to the register.

Institution means a penal or reformative establishment.

Kiosk means a structure used for the provision of food and drink for the refreshment of users of the open space in which it is situated.

Landscaped area means the landscaped area in a residential lot used for the growth of plants, grass and trees, but does not include buildings, structures or other hard paved areas.

Light industry means an industry in which the processes carried on, the transportation involved, or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood.

Local shop means a shop which operates primarily to serve the daily needs of the surrounding residents or workers and does not exceed 60 square metres in gross floor area.

Map means a map kept in the office of Parramatta City Council (or in the Office of Holroyd City Council if it relates wholly to land within that area). Copies of maps relating partly to land within that area are also held in the office of Holroyd City Council.

Markets means land, a building or a place used on a temporary basis for the purpose of selling, exposing or offering for sale by retail or hire, goods, merchandise, material or services.

Master plan means a plan adopted under this Plan as a master plan.

Medical consulting rooms means a room or a number of rooms within or attached to a dwelling house, used by not more than 3 health care professionals, and where no more than 3 employees are employed, but does not include facilities for in-patient care.

Motel means premises (other than a backpackers’ accommodation, boarding house, hotel, residential building or serviced apartments) used for the temporary or short-term accommodation of travellers, whether or not the premises are also used for the provision of meals to those travellers or the general public.

Motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed at the building or place.

Multi-unit housing means residential development resulting in two or more dwellings but not a dual occupancy, and includes terraces, villas, townhouses, cluster housing, integrated housing and residential flat buildings.

Panel beating workshop means a building or place used for the purpose of carrying out repairs to motor vehicles and agricultural machinery, where the work involved includes:

(a)  body building, or

(b)  panel beating (which may or may not involve dismantling), or

(c)  spray painting.

Place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

Pole or pylon sign means a sign which is erected on a pole or pylon independent of any building or any other structure.

Potential archaeological site means a site identified as a potential archaeological site in Part 1 or 2 of Schedule 6 and shown coloured blue on any of the following maps:

City Centre Heritage Map,

Harris Park Heritage Map,

Government Heritage Map.

It includes a site known to the consent authority to be of potential archaeological significance even if it is not so identified and shown.

Primary Centre and Precincts Map means the map marked “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Parramatta and Precincts Map”.

Probable maximum flood (PMF) means the largest flood that could conceivably occur at a particular location.

Professional office suite means a building or a place used for the purpose of accommodating professional offices, occupied by no more than six people, but does not include a building or place elsewhere specifically defined, or a building or place used for a land use elsewhere specifically defined, in this Schedule.

Prostitution means sexual acts, or sexual services engaged in, in return for payment or other reward.

Public utility undertaking means any undertaking carried on by, or under the authority of, any Commonwealth or State Government department or agency, or pursuant to any Commonwealth or State Act, for the purpose of providing:

(a)  railway, light railway, road, water or air transport, or wharf or river services or facilities, or

(b)  sewerage or drainage services, or

(c)  water, hydraulic power, electricity or gas, or

(d)  telecommunications facilities.

Public works means pedestrian walkways, streets, lane ways, squares, roads, playgrounds, parks or car parks, open space, stairs, art works, furniture and other works in a public place available for public use, enjoyment and activities.

Recreation area means:

(a)  a children’s playground, or

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

(c)  an area used by the consent authority to provide for the physical, cultural or intellectual welfare of the community, or

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

but does not include racecourses and showgrounds.

Recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere specifically defined in this Schedule.

Refreshment rooms means premises in which meals or light refreshments are served to the public for profit or reward, whether or not they are also used for live entertainment or dancing.

Relic means:

(a)  any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement of Parramatta, not being Aboriginal habitation, or

(b)  any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the local government area of Parramatta.

Remediation means:

(a)  removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or

(b)  eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals on the land).

Resource recovery facility means:

(a)  a facility that collects, sorts, dismantles, salvages or temporarily stores non-putrescible materials capable of re-use and resale, or

(b)  a facility that recovers, recycles or re-uses materials or energy from waste or by-products.

Restricted premises means a building or place at which:

(a)  publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

Rydalmere Precinct Design Control Map means the map marked “Rydalmere Precinct Design Control Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Design Control Map”.

Rydalmere Precinct Height Map means the map marked “Rydalmere Precinct Height Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Height Map”.

Rydalmere Precinct Heritage Map means the map marked “Rydalmere Precinct Heritage Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Heritage Map”.

Rydalmere Precinct Special Areas Map means the map marked “Rydalmere Precinct Special Areas Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Special Areas Map”.

Rydalmere Precinct Zoning Map means the map marked “Rydalmere Precinct Zoning Map” as amended by the maps (or specified sheets of maps) marked as “Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 7)—Rydalmere Precinct—Zoning Map”.

Sea wall means a structure placed partially or wholly along the shoreline to protect the land from the sea or to stop accelerated erosion of the interface, but does not include a breakwater.

Serviced apartments means a building containing 2 or more self contained dwellings that are not under separate strata title, and that:

(a)  are cleaned or serviced by the owner or manager of the building (or an agent of the owner or manager), and

(b)  provide private or communal facilities that are of adequate size and amenity, including, but not necessarily limited to, a laundry, guest reception and waiting area and external open space, and

(c)  provide temporary residential accommodation primarily for persons who have their principal place of residence elsewhere, such as tourists or visitors on business, and

(d)  are not subject to residential tenancy agreements within the meaning of the Residential Tenancies Act 1987, and

(e)  are not defined as Backpackers’ accommodation, Bed and breakfast, Boarding house, Hospital or Hotel.

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

(a)  the hiring of vehicles and trailers,

(b)  the retail selling or the installation of spare parts and accessories for motor vehicles,

(c)  the washing and greasing of motor vehicles,

(d)  the repairing and servicing of motor vehicles (other than repair or servicing involving bodybuilding, panel beating or spray painting),

(e)  the retail selling or hiring of small consumer goods.

Shop means a building or place used for selling, exposing or offering for sale by retail, goods, merchandise or materials.

Shop-top housing means a dwelling or dwellings located over a shop.

Signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes building and business identification signs.

Site area, for the purpose of calculating a floor space ratio, means contiguous land to which an application for consent under the Act relates, but does not include any land on which the development to which the application relates is not permitted by or under this Plan.

Special Area means land designated as a Special Area on the “City Centre Special Areas Map”, “Harris Park Precinct Special Areas Map” or “Government Precinct Special Areas Map”.

Street frontage height of a building, in relation to a street to which the building has a frontage, means the vertical distance measured in metres at the centre of the frontage from the average of the street levels at each end of the frontage to the parapet level of the building. The parapet level is the horizontal plane in which at least two-thirds of the length of the top of the facade of the building adjacent to the street is situated.

Sun access plane diagram means a diagram included in the document marked “Sydney Regional Environmental Plan No 28—Parramatta—Sun Access Plane Diagrams”, kept in the Parramatta Office of the Department and a copy of which is kept in the office of the consent authority for land to which it relates, as amended by the specified sheets (that are so kept) marked as follows:

Editorial note—

The amending sheets 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.

Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 6)

The Act means the Environmental Planning and Assessment Act 1979.

The Council means the Council of the area concerned.

Top hamper sign means an advertising structure that is attached to the transom of a doorway or display window of a building.

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

(a)  hotels, motels, bed and breakfasts, serviced apartments, holiday cabins, caravan parks, camping grounds and houseboat facilities, and any associated swimming pools, golf courses, tennis courts and marinas, and

(b)  restaurants, and

(c)  souvenir shops, art and craft galleries and exhibition centres.

Under awning sign means an advertising structure which is affixed to the underside of an awning.

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.

Schedule 2 Master plan sites

(Clause 10)

Part 1

•  Civic Place—comprised of all land bounded by Macquarie Street, Smith Street, Darcy Street and the Church Street Mall, Parramatta.

•  The “Wyeth Site”, 2A Gregory Place, Parramatta.

•  The block bounded by Hope Street, Weston Street, James Ruse Drive and Arthur Street, Rosehill.

•  The block bounded by Oak Street, Hope Street, James Ruse Drive and Arthur Street, Rosehill.

•  Rosehill Bowling Club, 110A Hassall Street, Rosehill.

•  Masonic Club, corner of George Street and Purchase Street, comprising 163–165 George Street, 46 Hassall Street and 1 Purchase Street, Parramatta.

•  Woodbury Estate—Victoria Road.

•  Land covered by Rydalmere Business and Transport Centre zone where major redevelopment is proposed.

•  University of Western Sydney.

•  Sydney Water site, east and west of Railway line, Camellia.

•  Land covered by Camellia Business and Transport Centre zone.

•  Capral, 2 Unwin Street, Camellia.

•  Any site within the Camellia or Rydalmere Precincts with an area greater than 5 hectares that is vacant or where major redevelopment is proposed.

Part 2

•  North Parramatta Mixed Use Zone, as identified in the Government Precinct Zoning Map.

sch 2: Am 20.7.2001; 5.12.2003.

Schedule 3 Exempt development

(Clause 59)

1 Advertising structures and displays

Unless prohibited in accordance with clause 70 (3) (a) or (b) or under the zoning table, erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not on an advertising structure (other than an illuminated sign in a residential zone) in any of the following cases:

(a)  The advertisement and any structure are not visible from outside the site on which they are displayed.

(b)  The advertisement is behind the glass line of a shop window.

(c)  The advertisement is a temporary advertisement for a social, cultural or recreational event that is displayed no more than 28 days before the event and is removed within 14 days after the event.

(d)  The advertisement is a public notice displayed by a public authority giving information about a service.

(e)  The advertisement is a real estate sign advertising that the premises on which it is displayed are for sale or lease, and the advertisement and any structure together have a maximum area of 2.5 square metres on residential or rural premises, or 4.5 square metres on commercial or industrial premises.

(f)  The advertisement replaces one lawfully displayed on the same structure.

(g)  The advertisement displays a message relating to the premises on which it is situated and the advertisement and any structure together have a maximum area of:

(i)  0.75 square metre in a residential or rural zone, or

(ii)  10 square metres in an industrial zone, or

(iii)  50% of the front elevation of a building on which it is displayed in a commercial business zone,

and a maximum height of either 4.6 metres above ground level or the height of a first floor window sill and, if suspended from an awning along a public road, the advertisement is not lower than 2.6 metres above ground level.

2 Ancillary development

Development (such as landscaping, gardening, paving or the erection of minor structures) that is ordinarily incidental or ancillary either to a use allowed by a development consent or to a lawful existing use (as defined in section 106 of the Act), but only if:

(a)  any ancillary structure is erected at least 1 metre from each boundary of the site and extends no more than 3 metres above natural ground level, and

(b)  any ancillary structure, paving or hard surface area covers not more than 25 square metres, and

(c)  the development does not involve excavation beyond 600 millimetres below natural ground level, and

(d)  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

(e)  it does not involve a display of an advertisement unless allowed by some other provision, and

(f)  any ancillary structure located in a fire protection zone or an asset protection zone identified in a bush fire risk management plan in force under the Rural Fires Act 1997 is made of non-combustible materials.

3 Boundary adjustments

An adjustment to the boundary of an allotment that:

(a)  will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia, and

(b)  will not create any additional allotments.

Note—

Boundary adjustments resulting from subdivisions allowed by this item require a subdivision certificate under the E P & A Act in order to be registered at the Land Titles Office.

4 Building alterations

Building alterations (other than the making of, or an alteration to the size of, any opening in a wall or roof of a building, such as a doorway, window or skylight) comprising:

(a)  non-structural alterations to the exterior of a building, such as painting, plastering, cement rendering, cladding, attaching fittings and decorative work, and

(b)  interior alterations to a building that do not affect the load-bearing capacity of any load-bearing component of the building.

5 Demolition

Demolition that is carried out in accordance with AS 2601–1991—The demolition of structures, of any structure:

(a)  the erection of which would be exempt development under this plan, or a temporary building the erection of which would be complying development under this plan, and

(b)  covering an area of not more than 25 square metres.

6 Different use of a building

A new use of an existing lawful building in any of the following cases:

(a)  The new use is consistent with the classification of the building under the Building Code of Australia and replaces a former use being carried out in accordance with a development consent, and:

(i)  it is not actually or potentially a hazardous or offensive industry, and

(ii)  it does not involve the preparation of food for sale or consumption, and

(iii)  it is not prohibited by any provision.

(b)  The new use results from a change of building use from a shop to an office or from an office to a shop that is not in the business of preparing food for sale or consumption, where:

(i)  the new use replaces a former use being carried out in accordance with a development consent, and

(ii)  the use of not more than 200 square metres of floor space is changed, and

(iii)  the new use is not prohibited by any provision.

(c)  The new use is a temporary use of a building that does not exceed 25 metres in height for public entertainment over a period not exceeding 72 hours. [Note: A separate approval may be required from the Council under the Local Government Act 1993 for a place of public entertainment.]

Note—

A different use of a building allowed by item 6 does not allow building alterations as exempt development. Some building alterations are allowed by other provisions of this Schedule.

7 Fences

Erection of boundary fences that comply with any relevant covenant or Council policy and:

(a)  are no more than 1.8 metres high if either in a rural zone or behind the building line in an urban zone, but do not include any masonry construction over 900 millimetres above ground level, or

(b)  are no more than 900 millimetres high if forward of the building line in an urban zone,

and are made of non-combustible materials if located in a fire protection zone or an asset protection zone identified in a bush fire risk management plan in force under the Rural Fires Act 1997.

8 Flagpoles

Erection of flagpoles not more than 6 metres high that are structurally adequate, but only one per site.

9 Home occupations

The use of premises for an occupation carried on only by the permanent residents of a dwelling that does not require registration of the premises under the Factories, Shops and Industries Act 1962.

10 Public meetings

The use of a building that is a class 9b building under the Building Code of Australia for the purpose of a public meeting.

sch 3: Am 5.12.2003.

Schedule 4 Complying development

(Clause 60)

Part 1 Instances of complying development

Use	Outcomes
1 Bed and breakfast accommodation
The use of an existing lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes.	(a)  A maximum of 3 guest bedrooms. (b)  A minimum of 2 bathrooms. (c)  A smoke detection system that complies with AS 3786–1993—Smoke alarms and AS 3000–1991—Electrical installations—Buildings, structures and premises (the SAA Wiring Rules) is in the dwelling. (d)  A fire extinguisher and fire blanket are in the kitchen. (e)  Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where the dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989.
2 Commercial uses and building alterations
(1)  A change of building use from a shop to an office, or from a office to a shop. (2)  Internal alterations to a shop or an office that alter the load-bearing capacity of load-bearing components.	(a)  No increase to the total floor area of the building. (b)  No more than 2,000 square metres of floor area is changed from an office to a shop. (c)  If a change of building use, the new use must replace a former use carried out in accordance with a development consent. Note— A change to a food shop will need to comply with the Food Act 1989and associated regulations.
3 Houses and extensions
Development on lots over 450 but less than 1,000 square metres in area consisting of: (a)  erection of detached single-storey dwellings (including single-storey alterations and additions to detached single-storey dwellings), or (b)  development ordinarily ancillary or incidental to detached single-storey dwellings (for example, erection of carports and garages).	Group A in Part 2 below
Development on land identified as suitable in an urban development strategy available at the office of the Council consisting of: (a)  erection of detached two-storey dwellings (including single or two-storey alterations and additions to detached two-storey dwellings), or (b)  development ordinarily ancillary or incidental to detached two-storey dwellings (for example, erection of carports and garages).	Group B in Part 2 below
Development on lots 1,000 square metres and over in area consisting of: (a)  erection of detached dwellings (including alterations and additions to detached dwellings), or (b)  development ordinarily ancillary or incidental to detached dwellings (for example, erection of carports and garages).	Group C in Part 2 below (for lots 1,000 square metres or more, but not larger than 2,500 square metres) Group D in Part 2 below (for lots larger than 2,500 square metres)
4 Industrial and warehouse buildings
The erection of an industrial or warehouse building (including alterations and additions) and its use consistently with the classification of the building under the Building Code of Australia otherwise than for an actually or potentially hazardous or offensive industry.	Group E in Part 2 below
5 Swimming pools
Development for the purpose of swimming pools on lots over 450 square metres in area if the pool will be ordinarily ancillary to a dwelling occupied for private use only.	Group F in Part 2 below
6 Temporary buildings
The erection of a building and its use for a period not exceeding 5 years specified in the application for a complying development certificate, being a building that is not used for residential purposes or for the storage or handling of inflammable materials. Note— The building must be completely demolished or removed from the site no later than 60 days after the specified period ends or on or before the fifth anniversary of the date of issue of the complying development certificate, whichever occurs first.	(a)  Maximum height of the building is 1 storey. (b)  Building is set back from every boundary of the lot by a minimum of 3 metres.

Part 2 Outcomes

Group A

1 Streetscape

(1)  Each part of the structure:

(a)  complies with any relevant building line fixed by or under an environmental planning instrument or development control plan applying to the land, or

(b)  is set back at least 4 metres from the front boundary or at least to the average of the minimum setbacks of any like structures on land each side of the subject property, whichever is the greater.

(2)  Carports and garages facing a public street or accessway are not more than 6 metres or 50 percent of the frontage wide, whichever is the lesser.

2 Energy efficiency

The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

3 Bulk and scale

(1)  The ground floor level of the structure at any point is not more than 500 millimetres above natural ground level.

(2)  The distance between the floor level and the underside of the eaves is not more than 2.7 metres.

(3)  The roof openings are flush with the roof pitch.

(4)  The next door property’s main area of private open space, and any habitable rooms in that property, are not in shadow between 10 a.m. and 3 p.m. on 21 June, as a result of the development.

(5)  The external wall of each structure affected by the proposed development is at least 900 millimetres from the nearest side and the rear boundaries.

4 Privacy and security

Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in a neighbour’s house:

(a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or

(b)  have sill heights of at least 1.7 metres above floor level, or

(c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level.

5 Open space and landscaping

(1)  A minimum of 20 percent of the site must be soft landscaped, that is, not a hard surface.

(2)  Not more than one-third of the front setback area is to be paved or sealed.

Group B

1 Streetscape

(1)  Each part of the structure:

(a)  complies with any relevant building line fixed by or under an environmental planning instrument or development control plan applying to the land, or

(b)  is set back at least 4 metres from the front boundary or at least to the average of the minimum setbacks of any like structures on land each side of the subject property, whichever is the greater.

(2)  Carports and garages facing a public street or accessway are not more than 6 metres or 50 percent of the frontage wide, whichever is the lesser.

2 Energy efficiency

The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

3 Bulk and scale

(1)  The ground floor level of the structure at any point is not more than 500 millimetres above natural ground level.

(2)  The distance between the floor level and the underside of the eaves is not more than 5.5 metres.

(3)  The roof openings are flush with the roof pitch.

(4)  The next door property’s main area of private open space, and any habitable rooms in that property, are not in shadow between 10 a.m. and 3 p.m. on 21 June, as a result of the development.

(5)  The external wall of each structure affected by the proposed development is at least 1.5 metres from the nearest side and the rear boundaries.

4 Privacy and security

(1)  Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in the neighbour’s house:

(a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or

(b)  have sill heights of at least 1.7 metres above floor level, or

(c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level.

(2)  No balconies or decks are at the first floor level.

5 Open space and landscaping

(1)  A minimum of 20 percent of the site must be soft landscaped, that is, not a hard surface.

(2)  Not more than one-third of the front setback areas is to be paved or sealed.

Group C

1 Streetscape

(1)  Each part of the structure:

(a)  complies with any relevant building line fixed by or under an environmental planning instrument or development control plan applying to the land, or

(b)  is set back at least 4 metres from the front boundary or at least to the average of the minimum setbacks of any like structures on land each side of the subject property, whichever is the greater.

(2)  Carports and garages facing a public street are not more than 6 metres or 50 percent of the frontage wide, whichever is the lesser.

2 Energy efficiency

The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

3 Bulk and scale

(1)  The ground floor level of the structure at any point is not more than 500 millimetres above natural ground level.

(2)  The distance between the floor level and the underside of the eaves is not more than 2.7 metres for a single-storey house and 5.5 metres for a two-storey house.

(3)  The roof openings are flush with the roof pitch.

(4)  The next door property’s principal area of ground level private open space, and any habitable rooms in that property, are not in shadow between 10 a.m. and 3 p.m. on 21 June as a result of the development.

(5)  The external wall of each structure affected by the proposed development is at least 900 millimetres from the nearest side and the rear boundaries.

4 Privacy and security

Windows in a habitable room that are within 9 metres of and allow an outlook to a window of a habitable room in the neighbour’s house:

(a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or

(b)  have sill heights of at least 1.7 metres above floor level, or

(c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level.

5 Open space and landscaping

A minimum of 50 percent of the site must be soft landscaped, that is, not a hard surface.

Group D

1 Streetscape

Each part of the structure:

(a)  complies with any relevant building line fixed by or under an environmental planning instrument or development control plan applying to the land, or

(b)  is set back at least 20 metres from the front boundary or at least to the average of the minimum setbacks of any like structures on land each side of the subject property, whichever is the greater.

2 Energy efficiency

The dwelling has at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS).

3 Bulk and scale

(1)  All structures are within a building envelope of not more than 500 square metres. The building envelope can be made up of a number of smaller envelopes that in total are not more than 500 square metres.

(2)  The ground floor level of the structure at any point is not more than 500 millimetres above natural ground level.

(3)  The distance between the floor level and the underside of the eaves is not more than 2.7 metres for a single-storey house and 5.5 metres for a two-storey house.

(4)  The roof openings are flush with the roof pitch.

(5)  The external wall of each structure affected by the proposed development is at least 20 metres from the nearest side and the rear boundaries.

4 Open space and landscaping

A minimum of 50 percent of the site must be soft landscaped, that is, not a hard surface.

Group E

1 Setbacks

Each part of the structure is set back at least 5 metres from the nearest road boundary.

2 Floor space ratio

The floor space ratio (ratio of the total floor space in all buildings to the site area) is not more than 1:1.

3 Building height

(1)  The height of any wall is not greater than 7.2 metres, excluding any parapet.

(2)  Parapets may extend a maximum of 1.2 metres above the intersection of any wall and the roof.

(3)  Each roof pitch is no more than 10 degrees.

(4)  The site is not cut or filled so as to alter a level by more than by 500 millimetres.

4 Drainage

(1)  All roof and surface water is drained to the street and discharged into the Council’s nearest stormwater drainage system in the street.

(2)  The drainage system is designed for a 1 in 10 year storm event, and so that any excess will flow overland to the street.

5 Garbage and storage areas

Garbage and storage areas are on-site and behind the building line for the property.

6 Landscaping

(1)  A landscaped strip of at least 3 metres to each street frontage is planted with a canopy of trees and shrubs.

(2)  The driveway has a maximum width of 7 metres.

7 Parking, loading and unloading

(1)  Car parking on-site is provided at the rate of at least one space for each 70 square metres of gross floor area, or one space for every 2 employees, whichever is the greater.

(2)  There is space for loading and unloading of vehicles within the site.

(3)  Driveway widths and turning circles on-site comply with Roads and Traffic Authority standards.

Group F

1 Streetscape

The pool will not be between the dwelling and front boundary.

2 Bulk and scale

(1)  All coping or decking around the pool is not more than 500 millimetres above the natural ground level.

(2)  The pool is at least 1.5 metres from the nearest side and the rear boundaries.

3 Privacy and security

The noise level of any filtration equipment or pumps does not exceed 5 dBA above the ambient background level measured at the property boundary.

4 Open space and landscaping

A minimum of 20 percent of the site must be soft landscaped, that is, not a hard surface.

5 Installation and construction

The installation and construction of the pool complies, where relevant, with:

(a)  AS/NZS 1838:1994–Swimming pools—Premoulded fibre-reinforced plastics—Design and fabrication, and AS/NZS 1839:1994–Swimming pools—Premoulded fibre-reinforced plastics—Installation, or

(b)  AS 2783–1992—Use of reinforced concrete for small swimming pools.

6 The pool and surrounding structures

The pool and surrounding structures comply with AS 1926.2–1995—Swimming pool safety—Location of fencing for private swimming pools.

Part 3 Complying development certificate conditions

Before you begin work

1 Two days before any site works, building or demolition begins, the applicant must: • forward Notice of Commencement of Work and Appointment of Principal Certifying Authority (Form 7 of the Regulation) to the Council, and • notify the adjoining owners that work will commence.

2 Before any site works, building or demolition begins, the applicant must: • notify the Council of the name, address, phone number and licence number of the builder, and • erect a sign at the front of the property with the builder’s name, licence number, site address and consent number, and • provide a temporary on-site toilet, and • protect and support any neighbouring buildings, and • protect any public place from obstruction or inconvenience due to the carrying out of the development, and • prevent any substance from falling onto a public place, and • follow any other conditions prescribed by the Regulation. This item does not impose a requirement on an applicant if it is complied with by the builder.

Site management

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

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

Drainage

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

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

Inspections during construction

7 The applicant must notify either the Council or an accredited certifier in advance (at least 48 hours in writing or 24 hours by phone) to inspect the following: • erosion controls, site works and site set out, before building starts, and • placement of piers or foundation before placing footings, and • steel reinforcing before pouring concrete, and • framework of structure before lining or cladding is fixed, and • stormwater drainage and on-site detention before backfilling, and • wet areas treated before lining or tiling.

Hours of works

8 Any building work must be carried out between 7.00 a.m. and 6.00 p.m. Monday to Friday and 8.00 a.m. to 5.00 p.m. Saturdays, but not on public holidays.

Survey certificate

9 The following survey certificate must be given to the principal certifying authority, at the following stages: • on completion of floor slab framework before concrete is poured, detailing the location of the structure to the boundaries, and • at completion of the lowest floor, confirming that levels are in accordance with the certificate (which levels must relate to the datum shown on the certificate).

Safety

10 Fire safety measures must be included.

Site access

11 Where kerb and gutter is provided: driveways are to be a minimum of 500 millimetres 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.

12 Where kerb and gutter is not provided: a gravel vehicular entrance incorporating a 375 millimetre diameter stormwater pipe and concrete headwalls or a 6 metre by 6 metre concrete slab dish drain shall be constructed to provide access to the lot.

13 Driveways are to be a minimum of 6 metres from a road intersection.

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

Removal of temporary building

15 Any building erected for use for a specified period of not more than 5 years pursuant to Part 1 of this Schedule must be completely demolished or removed from the site no later than 60 days after the specified period ends.

Schedule 5 Classification and reclassification of public land as operational land

(Clause 71)

Part 1 Interests not changed

Column 1	Column 2
Locality	Description
Harris Park
Parkes Street, between Station Street East and the Charles Street Extension	Lot 1, DP 604304, Lot 15, DP 539448, Lot 1, DP 601591, Lot 4, DP 575528, Lot 5, DP 574406, Lot 6, DP 540450, Lot 4, DP 529723 and Lot 2, DP 524788, as shown edged heavy black on the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 2)”.

Part 2 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Harris Park
Alice Street	Lot 39, DP 10853, Lot 1, DP 115243 and Lot A, DP 188738, as shown edged heavy black on Sheet 9 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
Ruse Street	Lot 27, DP 10853, as shown edged heavy black on Sheet 9 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
56A Wigram Street	Lot 1, DP 934758, as shown edged heavy black on Sheet 8 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
Parramatta
Charles Street Extension	Lots 2 and 3, DP 632003, Lot 2, DP 623527 and Lots 8A and 9A, DP 370517, as shown edged heavy black on Sheet 6 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
Civic Place	Lot 1, DP 791300, as shown hatched on the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land) Civic Place”.	Nil.
Erby Place Carpark	Lots 1 and 2, DP 812461, as shown edged heavy black on Sheet 3 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
Fennell Street Carpark	Lots A and B, DP 159311, Lot 1, DP 998949, Lot 7, DP 843045 and Lots 1–3, DP 436171, as shown edged heavy black on Sheet 1 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
Horwood Place Carpark	Lot 100, DP 607789, Lot 2, DP 701456, Lot 1, DP 442837, Lots 1–4, DP 207864 and Lots 3–8, DP 229762, as shown edged heavy black on Sheet 4 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Right of way as noted on Certificate of Title Folio Identifier 1/442837.
Macquarie Street Carpark	Lots 3A and 4A, DP 322456, Lot 5, DP 7809, Lot 1, DP 128928, Lot C, DP 390897 and Lot 20, DP 706341, as shown edged heavy black on Sheet 5 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
Phillip Street Carpark	Lot 1, DP 791693, as shown edged heavy black on Sheet 2 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.
Wentworth Street Carpark	Part Lot 1, DP 731072 and Lot 421, DP 746665, as shown edged heavy black on Sheet 7 of the map marked “Parramatta Local Environmental Plan (Reclassification of Public Land under SREP No 28) (Amendment No 1)”.	Nil.

sch 5: Am 25.7.2003. Subst 21.11.2003. Am 6.2.2004.

Schedule 6 Heritage items

(Schedule 1)

Part 1

Street No	Street Name	Precinct	Name or Description of items	Property Description
—	Alfred Street (adj 45 Weston Street)	Harris Park	Boundary Stone	—
—	Alfred Street (alongside Clay Cliff Creek)	Harris Park	Boundary Stone	—
16, 18, 20	Alice Street	Harris Park	Experiment Farm environs	Lots 37–39 DP 10853
61, 63, 65	Alice Street	Harris Park	Elizabeth Farm archaeological site	Lots 15–17 Sec 2 DP 4630
70	Alice Street	Harris Park	Elizabeth Farm House and associated public reserve	Lot B, Pt Lot C, Lot D DP 26507 Lot D DP 411727
1	Barrack Lane (100 (rear) Macquarie Street)	City Centre	Convict Barracks wall	Lot 6 Sec 17 DP 80784
1	Barrack Lane (100 (rear) Macquarie Street)	City Centre	Cottages	Lot 6 Sec 17 DP 80784
39	Campbell Street	City Centre	David Lennox’s House	Lot 1 DP 83294
47	Campbell Street	City Centre	Masonic Centre	Lot 7 DP 67534
182	Church Street	City Centre	Bicentennial Square and adjoining buildings	Pt Lot 1 DP 791300
182	Church Street	City Centre	Parramatta Town Hall and potential archaeological site	Pt Lot 1 DP 791300
188	Church Street (south east cnr)	City Centre	Murrays’ Building and potential archaeological site	Pt Lot 23 DP 55292
195	Church Street	City Centre	St John’s Pro-Cathedral	DP 88548
195 (rear)	Church Street (47 Hunter Street)	City Centre	Warden’s Cottage (Verger’s Cottage)	DP 88548
196 (opposite)	Church Street Bicentennial Square	City Centre	Centennial Memorial Clock	—
197	Church Street	City Centre	Shop and potential archaeological site	Lot 1 DP 710335
198, 200, 202, 204, 206, 208, 210, 212, 214, 216	Church Street (40–46 Macquarie Street)	City Centre	Horse Parapet Facade and potential archaeological site	Lot 1 DP 89790 Lot 1 DP 89558 Lot 1 DP 72798 Lot 1 DP 650150
213	Church Street (93–93a Marsden Street)	City Centre	Telstra House (former Post Office) and potential archaeological site)	Lots 1 and 2 DP 578322
215, 217	Church Street	City Centre	HMV (former Commonwealth Bank) and potential archaeological site	Lot E DP 15013
235, 237	Church Street	City Centre	Former Court House wall and sandstone cellblock and potential archaeological site	Lots 1 and 2 DP 205570
263, 265	Church Street	City Centre	Shops and offices	Pt Lot A DP 151565
264	Church Street (cnr George Street)	City Centre	Westpac Bank	Lot 1 DP 952497
286 (rear), 288, 290	Church Street	City Centre	Sandstone and brick wall	Lot 1 DP 210616 Lot 1 DP 128501 Lot 5 DP 516126 Lot 2 DP 216665
306	Church Street (cnr Phillip Street)	City Centre	Former ANZ Bank and potential archaeological site	DP 65743
349 (adj), 351	Church Street	City Centre	Lennox Bridge	—
353c	Church Street	City Centre	Alfred Square and potential archaeological site	Lot 1 DP 724837
356	Church Street	City Centre	St. Peter’s Uniting Church and potential archaeological site	Lot B DP 154618
366, 368	Church Street	City Centre	Anthony Malouf & Co	Lot A DP 90292
387	Church Street	City Centre	Royal Oak Hotel and Stables and potential archaeological site	DP 85794
448, 450	Church Street	City Centre	Commercial Building	DP 70506
476	Church Street	City Centre	Former bakery and potential archaeological site	Lot 3 DP 741890
1	Cowper Street	City Centre	Llonells	Lot 1 DP 935059
3	Cowper Street	City Centre	Jeshyron	Lot 1 DP 935060
3	Darcy Street (also Argyle Street)	City Centre	Parramatta Station	DP 733457
31	Fennell Street (423 Church Street)	City Centre	Stable and potential archaeological site	Lot 101 DP 612005
1a, b, c	Fleet Street	Govt Precinct	Parramatta Girls’ Training School	Pt MS 2486SY Pt 22665SY
5a	Fleet Street	Govt Precinct	Cumberland Hospital including Wisteria Gardens	Lot 3 DP 808447
4	George Street	City Centre	Parramatta Hospital archaeological site	Lot 51 DP 859100
10	George Street (cnr Marsden Street)	City Centre	Brislington property, Moreton Bay fig tree and potential archaeological site	Lot 2 DP 827963
12	George Street	City Centre	Court House Tower	Sec 20 TOWNMAP
16	George Street	City Centre	Former Rural Bank	Lot 1 DP 68450
17	George Street	City Centre	Marsdens Building and potential archaeological site	Lot 1 DP 598663
19	George Street	City Centre	Woolpack Hotel and potential archaeological site	Lot 1 DP 74937
45	George Street	City Centre	Shops and potential archaeological site	Lot 1 DP 701456 Lot L DP 400566
69	George Street	City Centre	Roxy Cinema	DP 76080
85	George Street	City Centre	Perth House Property, Moreton Bay fig tree and potential archaeological site	Lot 10 DP 814413
90	George Street	City Centre	Shop and Office and potential archaeological site	Lot 101 DP 634495
153	George Street	Harris Park	Tara (also known as Ellengowan)	Lot 1 DP 182726
182	George Street	City Centre	Harrisford and potential archaeological site	Lot 1 DP 59495
198	George Street (Queen’s Park)	Harris Park	Queen’s Wharf Reserve and stone wall and potential archaeological site	Lot 60 Sec 23 DP 939368 Lot A DP 959111 Lot 1 DP 128847 Lot A DP 444716 Lot 1 DP 126881
198	George Street (Queen’s Park)	Harris Park	HMAS Parramatta memorial	Lot unnumbered
198 adj	George Street	Harris Park	Gasworks Bridge	—
101	Harris Street	Harris Park	Experiment Farm environs	Pt Lots 12, 13, 16 and Y DP 401280
2a	Hassall Street (cnr Station Street East)	City Centre	Commercial Hotel	Lot 23 DP 746354
45 (part)	Hassall Street	Harris Park	Experiment Farm environs	Pt Lot X, DP 401280 Pt Lots 12 and 13, DP 8430
47	Hassall Street	Harris Park	Hambledon Cottage and Fig Tree	Lots 2 and 3 DP 391496
2	Horwood Place (48–50 George Street)	City Centre	Redcoats’ Mess House and potential archaeological site	Lot 2 DP 702154
100 (rear)	Macquarie Street (1 Barrack Lane)	City Centre	Convict Barracks wall and potential archaeological site	Lot 6 Sec 17 DP 80784
100 (rear)	Macquarie Street (1 Barrack Lane)	City Centre	Cottages and potential archaeological site	Lot 6 Sec 17 DP 80784
119	Macquarie Street	City Centre	Leigh Memorial Uniting Church	Lot 1 DP 628809
175	Macquarie Street	City Centre	Arthur Phillip High School and potential archaeological site	Lots 1–3 DP 115296 Lot 414 DP 820542 Lot 23 DP 7809
1	Marist Place	City Centre	St. Patrick’s Cathedral, Presbytery and precinct and potential archaeological site	Lots 1, 2 and 11 Sec 1 DP 758829
	Marsden Street	City Centre	Parramatta Dam archaeological site	Weir
1	O’Connell Street	City Centre	St. John’s Cemetery	Sec 5 TOWNMAP
12, 14	O’Connell Street (16 Hunter Street)	City Centre	Travellers’ Rest Inn Group and potential archaeological site	Pt Lots 11 and 33 Sec 12 DP 939368 Pt Lot 2 DP 127028 Pt Lot 1 DP 234243
24	O’Connell Street (Marist Place)	City Centre	Marsden Rehabilitation Centre and potential archaeological site	Lot 1 70a DP 60568 Lots 7 and 8 Sec 1 DP 126895
73	O’Connell Street	Govt Precinct	Parramatta Gaol	Lot 1 DP 734689 Lot 2 DP 734689
—	O’Connell Street	Govt Precinct	Parramatta Regional Park	C6982 C9290 MS 80SY
2	Palmer Street	City Centre	Studio Theatre and potential archaeological site	Lot 1 DP 609963
2	Phillip Street (corner Marsden Street)	City Centre	Former St. Andrew’s Uniting Church, Hall and potential archaeological site	Lot 54 Sec 24 TOWNMAP
34	Phillip Street	City Centre	Willow Grove and potential archaeological site	Lot 1 DP 569139
44, 46, 48, 50, 52, 54, 56	Phillip Street	City Centre	St. George’s Terrace and potential archaeological site	Lot 1 DP 742271 Lot 1 DP 770901
66, 68	Phillip Street	City Centre	Barnaby’s Restaurant and potential archaeological site	Lots 1 and 2 DP 128452
70, 74	Phillip Street	City Centre	Office and potential archaeological site	Lots 1 and 2 DP 621858
60	Prospect Street	Harris Park	Two-storey residence	Lot C DP 337810
62	Prospect Street	Harris Park	Two-storey residence	Lot C DP 330938
11c	Ross Street	City Centre	Electricity Substation and potential archaeological site	Lot 2 DP 234466
7, 13	Ruse Street	Harris Park	Experiment Farm Archaeological site (part)	Lot 29 DP 10853 Lot 27 DP 10853
8, 10, 12	Ruse Street	Harris Park	Experiment Farm environs	Lots 14–16 DP 10853
9	Ruse Street	Harris Park	Experiment Farm and potential archaeological site	Lot 28 DP 10853 Lot 1 DP 256428
2	Smith Street	City Centre	Lancer Barracks Group	Lot 396 DP 39627
11	Victoria Road (cnr Sorrell Street)	City Centre	Rose & Crown Hotel and potential archaeological site	Lot 1 DP 67120

Part 2

Street No	Street Name	Precinct	Name or Description of items	Property Description
1, 3	Ada Street	Harris Park	Single-storey residence	Lots A and B DP 382156
2, 4	Ada Street	Harris Park	Two timber cottages	Lots 6 and 7 Sec 2 DP 395
5, 7, 9, 11, 13	Ada Street	Harris Park	Group of timber houses	Lot 1 DP 102221 Lots 1 and 2 DP 128488 Lot 1 DP 914300 Lots 47A and 46A DP 443448
6, 8, 10, 12	Ada Street	Harris Park	Terrace houses	Lots 1–4 DP 545737
3, 5, 9, 11, 13, 15, 17, 19, 21	Albion Street	Harris Park	Group of cottages	Lots 36, 37, 39–42 and 46 Sec 1 DP 415 Lot 1 DP 980531 Lot 1 DP 940350 Lot 45 DP 128721
4, 6, 12, 14, 16, 18, 20	Albion Street	Harris Park	Group of cottages	Lot 1 DP 448228 Lots 20, 23 and 27 Sec 2 DP 415 Lot 24 DP 792204 Lot 1 DP 809580 Lot 22 DP 951380
24, 26, 28, 30, 32	Albion Street	Harris Park	Group of cottages	Lots 15–18 Sec 2 DP 415 Lots A and B DP 908056
25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51	Albion Street	Harris Park	Group of cottages	Lot 48A DP 372015 Lots 49, 50, Pt Lot 51, Lots 53–59 and Pt Lot 60 Sec 1 DP 415 Lot 1 DP 974664 DP 448297
36, 38, 42, 44, 46, 48, 50, 52	Albion Street	Harris Park	Group of cottages	Lot 9 Sec 2 DP 415 Lot 2 DP 316665 Lots A–C DP 388161 Pt Lots 1A and 2A DP 333608
3, 5	Alice Street	Harris Park	Cottage	Lot 101 DP 805828 Lot 9 Sec 1 DP 981167
6, 10	Alice Street	Harris Park	Cottages	Lots 3 and 34 DP 10853
22, 24, 28	Alice Street	Harris Park	Group of cottages	Lots 40, 41 and 43 DP 10853
33	Allen Street	Harris Park	Convent of Mercy	Lots 6–8 DP 13579
83	Argyle Street	City Centre	Shop	Lot B DP 80421
87	Argyle Street	City Centre	Shop (former terrace)	Lot 2 DP 202699
89, 91	Argyle Street	City Centre	Shop (former terrace)	Lot B DP 74592 Lots 11 and 12 DP 871688
93, 95	Argyle Street	City Centre	Shops	Lot B DP 331034 Lot C DP 413622
7	Brisbane Street	Harris Park	Two-storey residence	Lot 14 Sec 3 DP 981167
14	Brisbane Street	Harris Park	Single-storey residence	Lot A DP 81680
40	Brodie Street	Rydalmere	Subiaco archaeological site	Lot 100 DP 622959
1	Cambridge Street	Harris Park	Single-storey residence	Lot 18 DP 874
3	Cambridge Street	Harris Park	Single-storey residence	Lot 17 DP 874
5	Cambridge Street	Harris Park	Single-storey residence	Lot 16 DP 874
138	Church Street	City Centre	Shop (former Fire Station)	Lot 409 DP 729616
243, 245, 247	Church Street	City Centre	Parramatta House and potential archaeological site	Lot 1 DP 74622
253	Church Street	City Centre	Shop	Lot B DP 380265
255	Church Street	City Centre	Shop	Lot 1 DP 587804
257, 259, 261	Church Street	City Centre	Shop and potential archaeological site	Lots 4–9 DP 239534 Lot 2 DP 527452
267	Church Street	City Centre	Shop and potential archaeological site	Lots 1 and 2 DP 400078
269	Church Street	City Centre	Shop and potential archaeological site	Lot C DP 185864
273	Church Street	City Centre	Shop and potential archaeological site	Lot B DP 324965
275, 277	Church Street	City Centre	Shops and potential archaeological site	Lot 2 DP 709743, Lot 2 DP 331350, Lot E DP 340000
279	Church Street	City Centre	Shop/office and potential archaeological site	Lot 10 DP 733123
300	Church Street	City Centre	Shop and potential archaeological site	Lot 1 DP 211499
330	Church Street	City Centre	former David Jones Department Store	Lots 2 and 3 DP 788637
353a (adj)	Church Street	City Centre	Horse trough	—
446	Church Street	City Centre	Shop	Lot 1 DP 204902
458	Church Street	City Centre	Bicycle Shop	Pt Lot 7 DP 840294
9	Cowper Street	City Centre	Cowper Cottage	Lot 61 DP 633712
2	Crown Street	Harris Park	Single-storey residence	Lot 6 Sec 2 DP 981167
4	Crown Street	Harris Park	Single-storey residence	Lot 1 DP 996846
5	Crown Street	Harris Park	Single-storey residence	Lot C DP 326493
6	Crown Street	Harris Park	Esperanto	Lot 10 Sec 2 DP 981167
7	Crown Street	Harris Park	Single-storey residence	Lot 1 DP 91466 Lot 1 DP 90506
8	Crown Street	Harris Park	Single-storey residence	Pt Lots 12 and 14 Sec 2 DP 981167
10	Crown Street	Harris Park	Single-storey residence	Lot 6 DP 37348
11	Crown Street	Harris Park	St Paul’s Anglican Church	Lots 15 and 17 Sec 3 DP 981167
16, 18	Crown Street	Harris Park	Single-storey residence and electricity substation	Lots A and B DP 328215
22	Crown Street (cnr Good Street)	Harris Park	Single-storey residence	Lot 1 DP 998205 Lot 2 DP 948286
	Dunlop Street	Govt Precinct	Stone kerb and gutter	West Arm
45	Eleanor Street	Harris Park	Victorian cottage	Lot 10 DP 11195
57, 59, 61, 63, 65, 67, 69, 71, 73, 75, 77, 79	Eleanor Street	Harris Park	Eleanor Street Group	Lot 1 DP 970441 Lot 19 Sec E DP 1249 Lot 1 DP 982772 Lot 1 DP 936955 Lots X and Y DP 399671 Lots 1 and 2 DP 115056 Lots 20A and 20B DP 380534 Lot 21 Sec E DP 1249
61–79 (both sides)	Fleet Street	Govt Precinct	Stone kerbing and tree planting	—
48	George Street	City Centre	Civic Arcade (former theatre) and potential archaeological site	Lot 1 DP 209142
167 (opp)	George Street	Harris Park	Trees in median strip	—
169	George Street	Harris Park	Bulimba	Lot 2 Sec S DP 1249
173	George Street	Harris Park	Cottage	Lot 4 Sec S DP 1249
200–220	George Street	Harris Park	Residential flats and houses	Lot 25 DP 35969 Lots 18, 19, 20, 22, 23 and 24 DP 35895 Lots 28 and 29 DP 504954
123	Good Street	Harris Park	Former Store	Lot 1 DP 5009
139	Good Street	Harris Park	Brick house	Lot 1 DP 981538
144	Good Street	Harris Park	Two-storey residence	Lot B DP 324294
148	Good Street	Harris Park	Cottage	Lot 3 DP 84621
	Grand Avenue	Camellia	Tram alignment
1	Grand Avenue	Camellia	Sewage Pumping Station 67	Lot 2 DP 430623
1b (adj)	Grand Avenue	Camellia	Clyde Carlingford Rail Bridge abutments
1b (off)	Grand Avenue	Camellia	Grave of Eliner Magee & child
10	Grand Avenue	Camellia	Wunderlich	Lot 4 DP 623497
32	Grose Street	City Centre	Single-storey residence	Pt Lot 12 and Lot 13 Sec 17 TOWNMAP
59	Harris Street	Harris Park	Cottage	Lot A DP 105869
64, 66, 68, 70, 72, 76, 78	Harris Street	Harris Park	Group of cottages	Lot 35 Sec 2 DP 415 Lot 1 DP 934806 Pt Lot 37 and Lots 38, 39 and 42 Sec 2 DP 415 Lot 2 DP 738287
65	Harris Street	Harris Park	Cottage	Lot 1 DP 816802
67, 69	Harris Street	Harris Park	Cottages	Lots 1 and 2 DP 531819
82, 84, 86, 88	Harris Street	Harris Park	Group of cottages	Lots 44–46 Sec 2 DP 415 Lot 47 DP 178143
90, 92, 94, 96, 98	Harris Street	Harris Park	Group of cottages	Lots 48 and 49 Sec 2 DP 415 Lots 1 and 2 DP 511375 Lot 52 Sec 2 DP 415
100, 102, 104, 106, 108, 110	Harris Street	Harris Park	Group of cottages	Lots 53–55 and Pt Lot 56 Sec 2 DP 415 Lot 20 DP 851684 Lot 1 DP 333070 Lot 60 DP 735064
109	Harris Street	Harris Park	Robin Thomas Reserve (archaeological site)	Lots 1, 2, 6, 7 and 8 DP 192710
23, 25	Hassall Street	City Centre	Semi-detached cottages	Lot 2 DP 218476 Lot 1 DP 218476
30	Hassall Street	City Centre	Timber cottage	Lot 22 Sec 1 DP 241
42	High Street	City Centre	Two-storey residence	Pt Lot 23 Sec 11 DP 241 Lot 1 DP 81523 Lot 1 DP 81603
49, 51	High Street	City Centre	Attached houses	Lot 2 DP 530845 Lot B DP 388388
65	High Street	City Centre	Single-storey residence	Lot 48 Sec 1 DP 976 Lot 1 DP 576223
67	High Street	City Centre	Single-storey residence	Lot B DP 421597
40	Hunter Street (195 Church Street)	City Centre	St. John’s Parish Hall	DP 88548
41	Hunter Street	City Centre	Two-storey residence	Lot 1 DP 27310
102	James Ruse Drive	Harris Park	Victorian cottage	Lot 1 DP 128275
41, 43	Lansdowne Street	City Centre	Semi-detached cottages	Lot 21 DP 12623
49, 51	Lansdowne Street	City Centre	Semi-detached cottages	Lot 19 DP 12623
64	Macquarie Street	City Centre	Kia Ora and potential archaeological site	Lot AY DP 400258
78	Macquarie Street	City Centre	Apartment Block/ Flats	Part Lot 1 DP 232067
9, 11, 13, 17, 20, 23, 26, 28, 29, 31, 37, 38	Marion Street	City Centre	Cowper/Marion Street Group	see individual items below
and
1, 3	Cowper Street	City Centre	Cowper/Marion Street Group	see individual items within Part 1
9	Marion Street	City Centre	House/ Industrial	Lot 1 DP 794747
11	Marion Street	City Centre	Single-storey residence	Lot 1 DP 574174
13	Marion Street	City Centre	Residence— Mona	Lot 1 DP 528361
17	Marion Street	City Centre	Attached House/Office	Lot 1 DP 600258
20	Marion Street	City Centre	Single-storey residence	Lot 2 DP 524232
23	Marion Street	City Centre	Attached House/Office	Lot 5 Sec 1 DP 976
26	Marion Street	City Centre	Single-storey residence	Lot 2 DP 909383
28	Marion Street	City Centre	Single-storey residence	Lot 1 DP 966322
29	Marion Street	City Centre	Single-storey residence	Lot 8 Sec 1 DP 976, Lot 1 DP 345868
31	Marion Street	City Centre	Single-storey residence	Lot 9 DP 128787
37	Marion Street	City Centre	Single-storey residence	Lot 12 Sec 1 DP 976
38	Marion Street	City Centre	Two-storey residence	Lot 9 DP 906071
42, 44, 46, 48	Marion Street	Harris Park	Group of cottages	Lots X and Y DP 394228 Lot 24 Sec 1 DP 395 Lot A DP 377229
65, 69, 71, 73, 75, 77, 79	Marion Street	Harris Park	Group of cottages	Lot 12 DP 2114 Lots 5–10 DP 2114
1–19	Noller Parade	Harris Park	Residential flats and houses	Lot 12 DP 35969 Lots 13, 14 and 17 DP 35895 Lots 30 and 31 DP 521965 Lots 26 and 27 DP 214403
4, 6, 8, 10, 12	Oak Street	Harris Park	Oak Street cottage group	Lot 17 Sec 4 DP 4630 Lots 161 and 162 DP 229139 Lots A and B DP 412714
	Parramatta River	Camellia	Wetlands
	Parramatta River	Rydalmere	Wetlands
12	Prospect Street	Harris Park	Single-storey residence	Lot 25 Sec 1 DP 1775
22–42	Prospect Street	Harris Park	Rosehill Public School	Lot 20 Sec 1 DP 1775 Lots 1 and 2 Sec X DP 1249 Lots 6, 7 and 8 Sec 1 DP 1249 Lots 4 and 8 DP 6355
23	Prospect Street	Harris Park	Single-storey residence	Lot 9 DP 6518
25	Prospect Street	Harris Park	Single-storey residence	Lot 10 DP 6518
2, 4, 6, 8, 10	Purchase Street	Harris Park	Timber cottages	Lots 1 and 2 DP 170909 Lots 1 and 2 DP 115224 DP 172693
14	Ross Street	City Centre	Single-storey residence	Lot B DP 439568
16	Ross Street	City Centre	Wine Bar Bistro	Lot 1 DP 834630
38	South Street	Rydalmere	Truganini House and grounds	Lot 10 DP 774181
24, 26	Station Street East	Harris Park	Attached houses	Lot 1 DP 102660 Lot 1 DP 110145
32, 34	Station Street East	Harris Park	Attached houses	Lots 101 and 102 DP 819487
36, 38, 40	Station Street East	Harris Park	Terrace	Lot B DP 430267
42, 44	Station Street East	Harris Park	Attached houses	Pt Lot A DP 430267
48	Station Street East	Harris Park	Single-storey residence	Lots 3 and 4 Sec 1 DP 395
1	Station Street West	City Centre	Two-storey residence	Lot 34 Sec 1 DP 976
7	Station Street West	City Centre	Single-storey residence	Lot 31 Sec 1 DP 976
	Unwin Street	Camellia	RTA Depot	Lot 120 DP 817742
2	Unwin Street (4a James Ruse Drive)	Camellia	Capral Aluminium	Lot 1 DP 818736
—	Victoria Road (adj 353a Church Street)	City Centre	Horse trough	—
171	Victoria Road	Rydalmere	UWS Parramatta Campus (former Rydalmere Hospital & Female Orphan School)	Lot 100 DP 816829
171	Victoria Road (adj)	Rydalmere	Clyde Carlingford Rail Bridge abutments
213a	Victoria Road	Rydalmere	Railway Station	Lot 51–54 DP 843244
213a	Victoria Road	Rydalmere	Stationmaster’s residence	Lot 1 DP 178390
19, 21	Wentworth Street	City Centre	Attached houses	Lot 7 DP 555797 Lot 5 DP 531926
34	Weston Street	Harris Park	Single-storey bungalow	Lot 17 Sec 1 DP 4630
37	Weston Street	Harris Park	Iona	Lot 6 Sec 2 DP 4630
41	Weston Street	Harris Park	St Mons	Lot 8 Sec 2 DP 4630
69	Weston Street	Harris Park	Elderslie	Lot 24 DP 744307 Lot 2 DP 975867
77	Weston Street	Harris Park	Single-storey residence	Lot 1 DP 112790
79	Weston Street	Harris Park	Single-storey residence	Lot 1 DP 626736
80	Weston Street	Harris Park	Neryda	Lot 11 and Pt Lot 13 Sec 2 DP 981167
85	Weston Street	Harris Park	Single-storey residence	Lot 1 DP 745744
87	Weston Street	Harris Park	Single-storey residence	Lot 6 Sec 1 DP 981167 Lots 1 and 2 DP 199790
33–35	Wigram Street	Harris Park	St Oliver’s Catholic Church, School and Presbytery	Lots 2, 3 and 4 DP 13579 Lot 1 DP 128932
37	Wigram Street	Harris Park	Single storey residence	Lot 1 DP 13579
48	Wigram Street	Harris Park	Single-storey residence	Lot 13 DP 239088
59, 61, 63, 65	Wigram Street	Harris Park	Group of cottages	Lots 24, 27 and 28 Sec 1 DP 415 Lot 101 DP 717736 Lot B DP 348320
62, 64, 66, 68, 70, 72, 74, 76, 78, 80	Wigram Street	Harris Park	Group of cottages	Lots 27 and 28 DP 320465 Lots C and D DP 395244 Lots 32–35 Sec 1 DP 395 Lots 1 and 2 DP 776184
73, 75, 77, 79	Wigram Street	Harris Park	Group of cottages	Lots 18–20 Sec 1 DP 415 Lot 1 DP 906109 Lot 1 DP 905430 Lot 17 DP 128556
83, 85, 87, 89	Wigram Street	Harris Park	Single-storey residence	Lots 10–13 Sec 1 DP 415
84, 88, 90, 92, 94, 102	Wigram Street	Harris Park	Group of dwellings	Lot 37 DP 177351 Lot 45 Sec 1 DP 395 Pt Lot 1 DP 905616 Lot B DP 384444
93, 95, 97, 99, 101, 103	Wigram Street	Harris Park	Single-storey residence	Lot A DP 927881 Lots 1 and 2 DP 501502 Lots 1–4 Sec 1 DP 415
105 (part)	Wigram Street	Harris Park	Single-storey shop	Lots 27 and 28 Sec 2 DP 2371 Lot 101 DP 789695
113, 115	Wigram Street	City Centre	Attached Houses	Lot Y DP 403345 Lot X DP 403345

Part 3

Elizabeth Farm Heritage Conservation Area
Experiment Farm Heritage Conservation Area
Harris Park West Heritage Conservation Area

sch 6: Am 20.7.2001; 5.12.2003; 2004 No 91, Sch 2.79.

Schedule 7 Minor development

(Clause 10 (2))

Development is minor development for the purposes of clause 10 if it comprises any one or more of the following:

(a)  a change of use of a building if the change of use does not involve any increase in the total floor space of the building,

(b)  the provision and use of outdoor seating or tables or any item of street furniture (including benches, bollards, council information signs, public artwork installations, street lights, and telephone kiosks) on a footpath, in a plaza, or other public place,

(c)  the erection of a sign on a building, if the sign does not exceed 2.5 square metres in area and is located so that no part of the sign extends above the ridge line of the building,

(d)  a temporary use for 2 years or less (not being a temporary use described in paragraph (f)) if the temporary use will have only minimal environmental impact,

(e)  the enclosure of a balcony,

(f)  the use of public domain for any temporary structure or event, including the exhibition of an art work, a performance, a festival or special promotion, if the proposed structure or event is to be installed for, or to take place over, a period of not more than 30 days, whether consecutive or not, in any period of 12 months,

(g)  any strata or stratum subdivision of land for the purpose of other development for which development consent has been granted and is in force,

(h)  the demolition of any building or other structure, other than a building or structure that is identified as a heritage item or an item of the environmental heritage in an environmental planning instrument or in a heritage study prepared by or on behalf of a consent authority,

(i)  the carrying out of any internal commercial or retail fitout,

(j)  any extension or other variation of a use due only to a change in operating or trading hours,

(k)  any exempt development not otherwise included in this Schedule.

sch 7: Am 25.2.2000. Subst 20.7.2001.

Schedule 8 Savings and transitional provisions

(Clause 84)

Saving of effect of certain amendments

The repeal of clause 5 (1)–(4) and Schedule 7 by Sydney Regional Environmental Plan No 28—Parramatta (Amendment No 2) does not affect any repeal or amendment made by those provisions before the commencement of that plan.

sch 8: Ins 20.7.2001.

Schedule 9 Bulky goods retailing

(Clause 41J)

Parramatta Road Industrial Zone

Column 1	Column 2
Goods	Floor space area (m2)
Antiques and second hand goods	500
Automotive parts and accessories	500
Electrical goods	1,000
Floor coverings	500
Furniture	1,000
Hardware	1,000
Kitchen or bathroom fixtures and fittings	250
Lighting	500
Office supplies	1,000
Outdoor products	1,000
Take away food	No minimum
Tiles (floor, ceiling, wall)	No minimum
Toys or sporting equipment	1,000
Video hire	500

sch 9: Ins 5.12.2003.