Table Of Contents

Canada Bay Local Environmental Plan 2008

Part 1 Preliminary
1.1   Name of Plan
This Plan is Canada Bay Local Environmental Plan 2008.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
Editorial note—
This Plan was published in the Gazette before the insertion of this clause by amendments to the Standard Instrument (Local Environmental Plans) Order 2006.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in Canada Bay in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
(2)  The particular aims of this Plan are as follows:
(a)  to create a land use framework that allows detailed provisions to be made,
(b)  to maintain and enhance the existing amenity and quality of life of the local community,
(c)  to protect areas from inappropriate development,
(d)  to ensure development embraces the principles of:
(i)  ecological sustainability, and
(ii)  quality urban design,
(e)  to identify and conserve those items and localities that contribute to the local, built form, environmental and cultural heritage of Canada Bay,
(f)  to promote opportunities for social, cultural and community activities,
(g)  to protect and manage areas of remnant bushland, natural watercourses and threatened species,
(h)  to provide measures to retain, and where possible to extend, public access to the foreshore areas of Canada Bay and to control development in those areas,
(i)  to provide effective community participation and consultation for planning and development,
(j)  to provide clarity and certainty for the community and development applicants, while allowing flexibility to respond to changing needs.
1.3   Land to which Plan applies
(1)  This Plan applies to the land identified on the Land Application Map.
(1A)  Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”, being land that is excluded from this Plan under section 68 (5) or 70 (4) of the Act.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a)  approved by the Minister when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Infrastructure.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
(2A)  Despite their repeal, in relation to the land to which this Plan applies, the following continue to apply to the land marked “Deferred matter” on the Land Application Map:
(a)  Concord Planning Scheme Ordinance,
cl 1.8: Am 2010 (162), Sch 1.1 [1].
1.8A   Savings provision relating to pending development approvals
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
(2A)  Sydney Regional Environmental Plan No 29—Rhodes Peninsula is repealed.
cl 1.9: Am 2010 (162), Sch 1.1 [2]; 2011 (197), Sch 1 [1].
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply:
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Division 6 of Part 4 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2011 (197), Sch 1 [2]; 2011 (363), Sch 6 [1].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows:
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Business Zones
B1 Neighbourhood Centre
B3 Commercial Core
B4 Mixed Use
B6 Enterprise Corridor
B7 Business Park
Industrial Zones
IN1 General Industrial
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
cl 2.1: Am 2011 (197), Sch 1 [3].
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone:
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part:
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (that is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions that require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  Before granting development consent, the consent authority:
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.6A   (Repealed)
cl 2.6A: Rep 2010 (162), Sch 1.1 [3].
cl 2.6BB: Ins 2010 (162), Sch 1.1 [4].
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 182 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that:
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies:
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2009 (510), Sch 2.1; 2011 (197), Sch 1 [4]; 2011 (363), Sch 6 [2]–[17].
Zone R1   General Residential
1   Objectives of zone
•  To provide for the housing needs of the community.
•  To provide for a variety of housing types and densities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Child care centres; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Group homes; Home businesses; Hospitals; Hostels; Hotel or motel accommodation; Information and education facilities; Jetties; Light industries; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential care facilities; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Shop top housing; Vehicle repair stations; Water recycling facilities
4   Prohibited
Bulky goods premises; Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To ensure that landscaping is maintained and enhanced as a major element in the residential environment.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Places of public worship; Recreation areas; Respite day care centres; Roads; Schools; Semi-detached dwellings; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To facilitate public access to and along the foreshore.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Residential care facilities; Residential flat buildings; Respite day care centres; Roads; Schools; Semi-detached dwellings; Seniors housing; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone R4   High Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a high density residential environment.
•  To provide a variety of housing types within a high density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
2   Permitted without consent
Environmental protection works; Home-based child care; Home occupations
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Exhibition homes; Exhibition villages; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Shop top housing; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Emergency services facilities; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Neighbourhood shops; Office premises; Places of public worship; Respite day care centres; Retail premises; Roads; Service stations; Shop top housing; Vehicle repair stations; Water recycling facilities
4   Prohibited
Bulky goods premises; Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Building identification signs; Business identification signs; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Tourist and visitor accommodation; Vehicle repair stations; Water recycling facilities; Wholesale supplies
4   Prohibited
Any development not specified in item 2 or 3
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Amusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Home businesses; Hospitals; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Marinas; Medical centres; Mooring pens; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Service stations; Serviced apartments; Sex services premises; Shop top housing; Vehicle repair stations; Water recycling facilities; Wholesale supplies
4   Prohibited
Any development not specified in item 2 or 3
Zone B6   Enterprise Corridor
1   Objectives of zone
•  To promote businesses along main roads and to encourage a mix of compatible uses.
•  To provide a range of employment uses (including business, office, retail and light industrial uses).
•  To maintain the economic strength of centres by limiting retailing activity.
•  To provide for residential uses, but only as part of a mixed use development.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Business premises; Car parks; Commercial premises; Community facilities; Emergency services facilities; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Information and education facilities; Landscaping material supplies; Light industries; Medical centres; Passenger transport facilities; Places of public worship; Plant nurseries; Residential flat buildings; Roads; Schools; Seniors housing; Service stations; Serviced apartments; Shop top housing; Signage; Storage premises; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Water recycling facilities; Wholesale supplies
4   Prohibited
Any development not specified in item 2 or 3
Zone B7   Business Park
1   Objectives of zone
•  To provide a range of office and light industrial uses.
•  To encourage employment opportunities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To encourage the erection of buildings suited to development requiring large floor areas, and to discourage small scale uses unless they are of an ancillary or service nature.
•  To provide for site planning and layout that includes landscaped set backs to major roads and residential areas and modern building forms.
•  To enable the grouping of activities and, where practicable, the sharing of facilities.
•  For land zoned B7 Business Park bounded by Concord Road, Mary Street, Homebush Bay Drive and the Main Northern Railway, Rhodes, to ensure that any new development is complementary in scale, siting, form, materials, landscaping and height with the buildings on the eastern side of the Main Northern Railway.
•  To ensure that land in the zone will only be developed if the consent authority is satisfied that there will be no detriment to the environment and the amenity of surrounding residential areas.
•  To facilitate public access throughout the zone.
2   Permitted without consent
Nil
3   Permitted with consent
Building identification signs; Business identification signs; Child care centres; Food and drink premises; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Recreation facilities (indoor); Respite day care centres; Roads; Warehouse or distribution centres; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
•  To recognise the close proximity of this zone to adjoining residential areas and to reduce potential conflict between industrial and residential uses.
2   Permitted without consent
Nil
3   Permitted with consent
Animal boarding or training establishments; Biosolids treatment facilities; Car parks; Community facilities; Depots; Emergency services facilities; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Horticulture; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Liquid fuel depots; Medical centres; Mortuaries; Neighbourhood shops; Passenger transport facilities; Plant nurseries; Recreation areas; Recreational facilities (indoor); Recreational facilities (outdoor); Roads; Service stations; Signage; Storage premises; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water treatment facilities; Wholesale supplies
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Biosolids treatment facilities; Child care centres; Community facilities; Emergency services facilities; Hospitals; Information and education facilities; Respite day care centres; Roads; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
•  To facilitate public access to and along the foreshore.
2   Permitted without consent
Nil
3   Permitted with consent
Biosolids treatment facilities; Boat sheds; Car parks; Child care centres; Community facilities; Environmental facilities; Environmental protection works; Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Nil
3   Permitted with consent
Biosolids treatment facilities; Boat sheds; Car parks; Community facilities; Environmental facilities; Environmental protection works; Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Water recycling facilities
4   Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
Note—
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development:
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(e)    (Repealed)
(3A)  To be exempt development, the development also:
(a)  if it involves the demolition of a building, must only be carried out between 7:00am and 5:00pm, Monday to Friday and not on a public holiday, and
(b)  must not contravene any condition of a development consent already applying to the land, and
(c)  must not obstruct drainage of the site on which it is carried out, and
(d)  must not restrict vehicular or pedestrian access to or from the site, and
(e)    (Repealed)
(f)  must not be carried out forward of the front alignment of the main building (if any) on the site, if the proposed development is in a heritage conservation area or on land on which there is a heritage item (other than driveways or pathways, paving, flagpoles, public works and scaffolding), and
(g)  must not involve alterations or additions (including attaching any structure) to a heritage item, and
(h)  must not be located on the front slope of the roof of a heritage item or be visible from a public place on land on which there is a heritage item or in a heritage conservation area, if the development involves roof ventilators, skylight windows, satellite dishes, television aerials, microwave antennae or water heaters.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must:
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
Note—
A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
cl 3.1: Am 2010 (162), Sch 1.1 [5].
3.2   Complying development
Note—
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a)  it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b)  it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c)  the development is designated development, or
(d)  the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e)  the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or
(f)  the development is on land identified as an environmentally sensitive area.
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must:
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(3A)  To be complying development, the development also:
(a)  must not contravene any condition of a development consent already applying to the land, and
(c)  must be carried out at least one metre from any easement or sewer, and
(d)  must not be carried out in the foreshore and waterways area within the meaning of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause:
environmentally sensitive area for exempt or complying development means any of the following:
(a)  the coastal waters of the State,
(b)  a coastal lake,
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows:
(a)  to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,
(b)  to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c)  to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls,
(d)  to ensure that lot sizes and dimensions allow dwellings to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
4.1AA   Minimum subdivision lot size for community title schemes
[Not adopted]
cl 4.1AA: Ins 2011 (363), Sch 6 [18].
4.2   Rural subdivision
[Not applicable]
4.3   Height of buildings
(1)  The objectives of this clause are as follows:
(a)  to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,
(b)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,
(c)  to minimise the adverse impact of development on heritage conservation areas and heritage items,
(d)  to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
(2A)  In this clause:
height of a building, in Rhodes West Precinct, means:
(a)  for a building on a lot that adjoins a road—the vertical distance between the finished footpath level at any point to the highest point of the building,
(b)  for a building on a lot that fronts the foreshore reserve or the eastern side of Shoreline Avenue—the vertical distance between the finished terrace level at any point to the highest point of the building.
cl 4.3: Am 2011 (197), Sch 1 [5]; 2011 (363), Sch 6 [19].
4.4   Floor space ratio
(1)  The objectives of this clause are as follows:
(a)  to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality,
(b)  to minimise the adverse impact of development on heritage conservation areas and heritage items,
(c)  to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
(2A)  In this clause:
area of a floor, of a building in Rhodes West Precinct, means the area of the floor within the outer face of the external enclosing wall, measured at a height of 1.4 metres above the floor level.
gross floor area, of a building in Rhodes West Precinct, means the total of the areas of each floor of the building excluding any of the following:
(a)  areas occupied by columns, fin walls, shade devices and any elements, projections or works outside the general lines of the outer face of the external walls,
(b)  areas occupied by lift towers, cooling towers, machinery and associated plant rooms, ancillary storage space and vertical air conditioning ducts,
(c)  areas used for car, coach and bicycle parking required to comply with any development control plan and any areas that provide internal access to that parking,
(d)  areas provided for the loading and unloading of goods and for waste management,
(e)  areas set aside for communal recreation use within a residential building,
(f)  areas occupied by balconies or terraces that have walls less than 1.5 metres high,
(g)  areas of enclosed balconies used for residential purposes,
(h)  areas provided for common or public purposes, including arcades and circulation space.
cl 4.4: Am 2011 (197), Sch 1 [6]; 2011 (363), Sch 6 [20].
4.4A   Drummoyne Commercial Centre floor space ratio
(1)  Despite clause 4.4 (2), the floor space ratio for a building on land in Areas 1, 2, 3, 4, 5 and 6 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause.
(2)  The maximum floor space ratio in respect of Area 3 applies only if the site concerned fronts Formosa Street.
Area
Site Area
Floor Space Ratio
1
All sites
2.0:1
2
<1000m2
2.0:1
 
1000m2–1500m2
2.25:1
 
>1500m2–2000m2
2.5:1
 
>2000m2–2500m2
2.75:1
 
>2500m2–3000m2
3.0:1
 
>3000m2–3500m2
3.25:1
 
>3500m2
3.5:1
3
<1000m2
2.0:1
 
1000m2–1250m2
2.25:1
 
>1250m2–1500m2
2.5:1
 
>1500m2–2000m2
2.75:1
 
>2000m2
3.0:1
4
All sites
1.0:1
5
All sites
2.0:1
6
<1000m2
2.0:1
 
1000m2–1250m2
2.25:1
 
>1250m2–1500m2
2.5:1
 
>1500m2–2000m2
2.75:1
 
>2000m2
3.0:1
4.4B   Five Dock Commercial Centre floor space ratio
(1)  Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 2.0:1.
(2)  Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 2.5:1.
4.4C   Majors Bay Road Commercial Centre floor space ratio
(1)  Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 1.5:1.
(2)  Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 1.8:1.
4.4D   Mortlake Point floor space ratio
(1)  Despite clause 4.4 (2), the floor space ratio for a building on land in Area 9 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause.
(2)  For the purposes of the Table:
residential development means development for the purpose of a dwelling house, residential flat building or swimming pool, and includes development that is ancillary (with or without consent) to those purposes, or permitted to be carried out in relation to development for those purposes.
non-residential development means development for a purpose other than residential development.
mixed use development means development for 2 or more purposes that are not prohibited.
Development
Floor Space Ratio
Residential development
0.75:1
Non-residential development
1.0:1
Mixed use development
0.75:1
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows:
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area:
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If:
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows:
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless:
(a)  the consent authority is satisfied that:
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Director-General has been obtained.
(5)  In deciding whether to grant concurrence, the Director-General must consider:
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Director-General before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental management or Zone E4 Environmental Living.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following:
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4.
cl 4.6: Am 2011 (363), Sch 6 [21].
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 8 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Roads and Maritime Services
Zone SP2 Infrastructure and marked “Local road”
Council
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4:
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Lands Act 1989).
Note—
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres.
(3)  This clause does not apply to:
(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
Note—
When this Plan was made it did not include Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
cl 5.3: Am 2011 (363), Sch 6 [22].
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:
(a)  43% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.
(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:
(a)  60 square metres,
(b)  67% of the total floor area of the principal dwelling.
cl 5.4: Am 2011 (363), Sch 6 [23] [24].
5.5   Development within the coastal zone
[Not applicable]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows:
(a)  to ensure that architectural roof features to which this clause applies are decorative elements only, and
(b)  to ensure that the majority of the roof features are contained within the prescribed building height.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that:
(a)  the architectural roof feature:
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7   Development below mean high water mark
(1)  The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent:
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of:
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause:
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9   Preservation of trees or vegetation
(1)  The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.
(2)  This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
Note—
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
(3)  A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a)  development consent, or
(b)  a permit granted by the Council.
(4)  The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
(5)  This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
(6)  This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
(7)  A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a)  that is or forms part of a heritage item or that is within a heritage conservation area, or
(b)  that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,
unless the Council is satisfied that the proposed activity:
(c)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and
(d)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Note—
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.
(8)  This clause does not apply to or in respect of:
(a)  the clearing of native vegetation:
(i)  that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or
(ii)  that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b)  the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c)  trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or
(e)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.
Note—
Permissibility may be a matter that is determined by or under any of these Acts.
(9)  [Not adopted]
cl 5.9: Am 2011 (363), Sch 6 [25].
5.9AA   Trees or vegetation not prescribed by development control plan
(1)  This clause applies to any tree or other vegetation that is not of a species or kind prescribed for the purposes of clause 5.9 by a development control plan made by the Council.
(2)  The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of any tree or other vegetation to which this clause applies is permitted without development consent.
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows:
(a)  to conserve the environmental heritage of Canada Bay,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following:
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site 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,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land:
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if:
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development:
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development:
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses 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.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
[Not applicable]
cl 5.13: Ins 2011 (363), Sch 6 [26].
Part 6 Additional local provisions
6.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works, except as provided by this clause.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless:
(a)  an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority, and
(b)  a copy of the plan and a copy of the development application have been provided to the Director-General of the Department of Environment and Climate Change and the consent authority has considered any comments of the Director-General made within 21 days after those copies were provided to the Director-General.
(4)  Development consent is not required under this clause for the carrying out of works if:
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan need not be carried out for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Also, development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power):
(a)  emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine management work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Development consent is not required under this clause to carry out any works unless:
(a)  the works involve the 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 foundations or flood mitigation works, or
(b)  the works are likely to lower the watertable.
6.1A   Earthworks
(1)  The objectives of this clause are as follows:
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring separate development consent.
(2)  Development consent is required for earthworks unless:
(a)  the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the work is ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters:
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
cl 6.1A: Ins 2011 (363), Sch 6 [27].
6.2   Particular dual occupancy subdivisions must not be approved
(1)  Development consent must not be granted for a subdivision that would create separate titles for each of the two dwellings resulting from a dual occupancy development.
(2)  This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
6.3   Development on land in Zone RE1 Public Recreation
In deciding whether to grant consent to development on land in Zone RE1 Public Recreation owned or controlled by the Council, the consent authority must take into account:
(a)  the need for the proposed development on the land, and
(b)  the impact of the proposed development on the existing or likely future use of the land, and
(c)  the need to retain the land for its existing or likely future use.
6.4   Development on the foreshore must ensure access
In deciding whether to grant consent for development in the foreshore area, the consent authority must consider whether and to what extent the development would encourage the following:
(a)  continuous public access to and along the foreshore through or adjacent to the proposed development,
(b)  public access to link with existing or proposed open space,
(c)  public access to be secured by appropriate covenants, agreements or other instruments registered on the title to land,
(d)  public access to be located above mean high water mark,
(e)  the reinforcing of the foreshore character and respect for existing environmental conditions.
6.5   Foreshore building line
(1)  The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.
(2)  Subject to subclause (3), development on the foreshore area is prohibited.
(3)  Development consent may be granted for the following:
(a)  the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area, if the consent authority is satisfied the extension, alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore,
(b)  the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,
(c)  development for the purposes of boat sheds, sea retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other outdoor recreation facilities.
(4)  Development consent must not be granted under subclause (3) unless the consent authority is satisfied that:
(a)  the development will contribute to achieving the objectives for the zone in which the land is located, and
(b)  the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and
(c)  the development will not cause environmental harm such as:
(i)  pollution or siltation of the waterway, or
(ii)  an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or
(iii)  an adverse effect on drainage patterns, and
(d)  the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and
(e)  opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(f)  any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained.
6.6   Restriction on consent for particular sex services premises
(1)  Development consent must not be granted for development for the purposes of sex services premises if the premises will be located on land that adjoins, or that is separated only by a road from, land:
(a)  in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential, or
(b)  used for community, school or church uses, or
(c)  in Zone RE1 Public Recreation.
(2)  In deciding whether to grant consent to any such development, the consent authority must take into account the impact that the proposed development would have on children who use the land.
6.7   (Repealed)
cl 6.7: Rep 2011 (363), Sch 6 [28].
6.8   Council infrastructure development
Development may be carried out by or on behalf of the Council without development consent on any land, except land in a heritage conservation area or containing a heritage item, for any one or more of the following purposes:
(a)  construction or maintenance of stormwater drainage, water quality treatment devices, water tanks, flood mitigation structures, recreation areas, public amenities or temporary storage facilities,
(b)  construction or maintenance of roads, footpaths, cycle ways, parking areas, fire trails, walking tracks and other public pedestrian areas, roads, including tree planting and repaving, street surfacing, reconstruction of kerbs, gutters and the like,
(c)  installation or maintenance of street furniture, such as seats, Council information signs, street signs, street lights, bus shelters, garbage and recycling containers and bins, bollards, flagpoles, telephone kiosks and the like, but not fixed outdoor vending machines,
(d)  installation or maintenance of park furniture, including seats, picnic tables, barbecue units and shelters, awnings and shade structures, gazebos and pergolas, bollards, playground equipment, flagpoles, bridges, staircases, boardwalks, lighting (other than ovals or tennis courts or the like) and Council information signs,
(e)  installation or maintenance of goal posts, sight screens, fencing and similar ancillary sporting structures on sporting or playing fields for use in the playing or performance of sporting events (other than grandstands, dressing sheds and other similar structures),
(f)  bush regeneration, landscaping, gardening, tree planting, tree maintenance and tree removal.
6.9   Provisions relating to certain sites requiring specific planning provisions
Schedule 6 has effect.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 235 Parramatta Rd, Five Dock
(1)  This clause applies to land at 235 Parramatta Rd, Five Dock, being Lot 4, DP 826686.
(2)  Development for the purpose of selling bulk food and beverage items is permitted with consent if the activity is carried out in connection with the primary activity of bulky goods retailing of office equipment and furniture.
2   Use of certain land at Bevin Avenue, Five Dock
(1)  This clause applies to land at Bevin Avenue, Five Dock, being Lot 1, DP 860469 (the Western Suburbs Soccer Sports and Community Club Ltd (known as Canada Bay Club) car park).
(2)  Development for the following purposes is permitted with consent if the use is only in conjunction with the adjoining Canada Bay Club:
(a)  car parking,
(b)  serviced apartments.
3   Use of certain land at 49–51 Queens Road, Five Dock
(1)  This clause applies to land at 49–51 Queens Road, Five Dock, being Lot 1, DP 607226 and Lot 1, DP 738950.
(2)  Development for the purpose of office premises is permitted with consent.
4   Use of certain land at 104 William Street, Five Dock
(1)  This clause applies to land at 104 William Street, Five Dock, being SP 73162 and SP 73163.
(2)  Development for the following purposes is permitted with consent:
(a)  office premises and associated car parking,
(b)  business premises and associated car parking,
(c)  cellar door premises, food and drink premises, kiosks, markets, roadside stalls, shops and associated car parking,
(d)  light industry.
5   Use of certain land at 21–23 Regatta Road and 25–27 Regatta Road, Five Dock
(1)  This clause applies to land at 21–23 Regatta Road and 25–27 Regatta Road, Five Dock, being Lots 1–3, DP 1034085.
(2)  Development for the purpose of vehicle sales or hire premises is permitted with consent.
6   Use of certain land at 443 Concord Road, Rhodes
(1)  This clause applies to land at 443 Concord Road, Rhodes, (Brays Bay Reserve) being Lot 1, DP 583588 and Lot 51, DP 771682.
(2)  Development for the purpose of temporary markets (being markets carried out on the site for the retail sale of goods from temporary structures and that operate not more than 1 day per week) is permitted with consent.
7   Use of certain land at 249–251 Queen Street and 22 Victoria Avenue, Concord West
(1)  This clause applies to the following land:
(a)  249–251 Queen Street, Concord West being SP 54105,
(b)  22 Victoria Avenue, Concord West being SP 53258.
(2)  Development for the purpose of mixed use development carried out in a way that is not detrimental to the amenity of the neighbourhood is permitted with consent if the proportion of the floor space to be used for nonresidential purposes in the development does not exceed 25%.
8   Use of certain land at 211 Parramatta Road, North Strathfield
(1)  This clause applies to land at 211 Parramatta Road, North Strathfield, being Lots 1 and 2, DP 1023863.
(2)  Development for the purpose of an advertising structure is permitted with consent.
9   Use of certain land at Phillips Street, Cabarita
(1)  This clause applies to land at Phillips Street, Cabarita, (Private Reserve) being Lots 5 and 6, DP 876734.
(2)  Development for the following purposes is permitted with consent:
(a)  containment of contaminated soil,
(b)  public roadways,
(c)  landscaping,
(d)  drainage,
(e)  driveways,
(f)  services.
10   Use of certain land at 1C and 1H Hospital Road, Concord West
(1)  This clause applies to land at 1C and 1H Hospital Road, Concord West, (Concord Repatriation and General Hospital) being Lot 2, DP 89877.
(2)  Development for the purpose of storing and providing medical goods and services to other medical establishments is permitted with consent if those establishments remain ancillary to the predominant use of the site for hospital purposes only.
11   Use of certain land at specific site in zone RE1
(1)  This clause applies to land at a specific site in zone RE1 being Lot 27, DP 719909.
(2)  Development for the purpose of an advertising structure is permitted with consent.
12   Use of certain land at 378 and 380 Great North Road, Abbotsford and 2 Abbotsford House, Abbotsford Cove Drive
(1)  This clause applies to land at 378 and 380 Great North Road, Abbotsford and 2 Abbotsford House, Abbotsford Cove Drive (the “Nestlé site”, in particular, Abbotsford House, Chatham House and the Clubhouse pavilion) being Lot 22, DP 270127, Lot 1, DP 862198 and Lot 19, DP 270127.
(2)  Development for the following purposes is permitted with consent if the use is consistent with the conservation and preservation of the buildings and the amenity of the immediate residents:
(a)  office premises,
(b)  restaurants or cafes.
13   Use of certain land at Rhodes West Precinct
(1)  This clause applies to land in Rhodes West Precinct.
(2)  Development for the purposes of business and retail premises on the ground floor of residential flat buildings in Rhodes West Precinct are permitted with consent.
sch 1: Am 2011 (197), Sch 1 [7]; 2011 (363), Sch 6 [29] [30].
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Business use of public footpaths
Must comply with Council’s Business Use of Public Footpaths Policy.
Portable classrooms and school buildings
(1)  Must be structurally adequate.
(2)  Minimum front setback of 1.5m to any street.
(3)  Must be only in school grounds and must not contravene any other approval.
(4)  Must discharge all stormwater to the Council’s street gutter through the existing drainage system.
(5)  Must not exceed 1 storey in height.
(6)  Must be of a temporary nature and installed for a maximum of 5 years.
(7)  Must be at least 1m from any easement or sewer main.
Signs
(1)  Identification, interpretative, directional and advance traffic warning signs—constructed by or for the Council or the Roads and Traffic Authority.
(2)  Internal signs or signs attached to a shop window:
(a)  Maximum window area—25% at the level occupied by the advertisement or like advertisements.
(b)  Must relate to the use and occupation of the land.
(3)  Replacement of existing approved signs—not larger than existing sign.
(4)  Home occupation sign:
(a)  Only one per site.
(b)  Maximum area—600mm2.
(c)  Must be attached to the ground floor facade of dwelling unless the land is on a main road, in which case the sign may be attached to a front fence.
(5)  Real estate signs (sale or lease of property):
(a)  Must relate to the sale of the property only.
(b)  Only one per site.
(c)  Maximum area—2.5m2.
(6)  Under awning sign:
(a)  Only one per site.
(b)  Minimum 2.7m above ground level (existing).
(c)  Must not extend beyond the width of the awning.
(d)  Minimum distance from any other under awning sign—3m.
(e)  Maximum area—2.5m × 0.3m.
(7)  Signs on motor vehicles—vehicle must be used principally for carrying passengers or goods.
(8)  Temporary sign for a religious, educational, cultural, political, social or recreational event:
(a)  Must not include advertising of a commercial nature except for the name of the event sponsor.
(b)  Must have the consent of the owner of the place or building on which it is displayed.
(c)  Must not be displayed more than 28 days before the event.
(d)  Must be removed within 14 days after the event ends.
sch 2: Am 2011 (197), Sch 1 [8].
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
Bed and breakfast accommodation (in existing approved detached dwelling with permanent residents)
(1)  Maximum of 3 guest bedrooms and 6 guests at any time.
(2)  Minimum bathrooms—2.
(3)  Only one external sign.
(4)  Maximum size of sign—0.6m2.
(5)  Must have a fire extinguisher and fire blanket in the kitchen.
(6)  If the dwelling is subject to the Strata Management Act 1996 or the Community Land Management Act 1989, must have the approval of the owner’s corporation, or the community, precinct or neighbourhood association.
Demolition
(1)  Structure to be demolished must be complying development under this Plan and have a maximum floor area of 30m2.
(2)  Must be carried out in accordance with AS 2601—2001, Demolition of structures.
(3)  Waste management plan must be submitted to the principal certifying authority.
Internal and external alterations (business and retail premises)
(1)  Existing use must be operating in accordance with development consent.
(2)  Must not:
(a)  alter the size or shape of the building envelope, or
(b)  cumulatively increase or decrease the area of openings by more than 10%, or
(c)  increase the total floor area of the building, or
(d)  contravene any conditions that apply in respect of the current development consent for the use of the building or change the use in part of the building, or
(e)  reduce the provision for the loading or unloading of goods or vehicles in respect of the building, or
(f)  alter any public services or utilities without the approval of the relevant authority.
(3)  Food premises—In the case of a building being used for the purpose of preparing food for sale or the consumption of food, the development must comply with the National Code for the Construction and Fitout of Food Premises.
(4)  Services—If the new development involves a change in the type or volume of trade wastes from the premises, or an increase in water or wastewater usage and a certificate under section 73 of the Sydney Water Act 1994 is required for the change or increase, a copy of the certificate must be given to the certifying authority before the works commence.
(5)  Waste management—A waste management plan must be prepared in accordance with Council’s requirements and submitted to the certifying authority.
(6)  Materials and components—New materials must be consistent with the existing materials.
(7)  Fire safety—A fire safety schedule must be prepared specifying the fire safety measures (both current and proposed) to be implemented.
Internal and external alterations (to a building used for the purpose of an industry or a warehouse)
(1)  Must not:
(a)  alter the size or shape of the building envelope, or
(b)  increase the total floor area of the building, or
(c)  contravene any conditions that apply in respect of the current development consent for the use of the building or change the use of any part of the building, or
(d)  reduce the provision for the loading or unloading of goods or vehicles in respect of the building.
(2)  Food premises:
(a)  In the case of a building being used for the purpose of preparing food for sale or the consumption of food, the development must comply with the National Code for the Construction and Fitout of Food Premises.
(b)  New materials used externally are to be consistent with existing materials.
(3)  Fire safety—A fire safety schedule must be prepared specifying the fire safety measures (both current and proposed) to be implemented.
Carports and garages associated with detached dwellings (lot area over 450m2)
(1)  Streetscape—Must be behind the front building line except in heritage conservation areas where garages and carports must be behind the rear building line.
(2)  Bulk and scale:
(a)  If structure has a pitched roof, the pitch must match the pitch of the existing dwelling.
(b)  Closest external wall of structure must be at least 900mm from a side or rear boundary.
(c)  Ground floor level, at any point, must not more than 500mm above ground level (existing).
(d)  Maximum distance between floor level and underside of eaves 2.7m.
(e)  The roof openings are flush with the roof pitch.
(3)  Open space and landscaping:
(a)  At least 20% of the site must be soft landscaped, that is, not hard surfaces.
(b)  No more than one-third of the front setback area is paved or sealed.
Single-storey alterations and additions to detached single-storey dwellings, development ancillary or incidental to detached single-storey dwellings
(1)  Generally—Must not:
(a)  be carried out to the primary street frontage elevation between the property boundary and the side of the building with a street frontage, except for a rear laneway, and
(b)  involve works more than 3.6m above ground level (existing).
(2)  Legal land constraints—Must not:
(a)  be built within 1m of an easement, or
(b)  breach any covenant to which the Council is a party, or
(c)  be in a zone of influence of a sewer main, or
(d)  be in a zone of influence of a public stormwater drainage pipe,
without the written approval of the relevant person or authority benefiting from the easement or covenant or occupation.
(3)  Services—Must connect to Sydney Water’s reticulated sewerage disposal system.
(4)  Site coverage—Maximum site coverage of buildings on the property—65%.
(5)  Floor space—Maximum additional floor space for all cumulative complying development on a property—30m2.
(6)  Height:
(a)  Maximum wall height—3m.
(b)  Maximum ridge height—3.6m.
(c)  Finished floor level must not exceed 500mm above ground level (existing).
(7)  Open space—At least 20% of the site must be usable open space with a minimum dimension of 3m.
(8)  Privacy—Windows in habitable rooms having an outlook to a window of a habitable room in an adjoining dwelling and that are within 6m of that dwelling must:
(a)  be offset by a distance of 500mm from the window of the adjoining dwelling, or
(b)  have sill heights of 1.7m above floor level, or
(c)  have fixed obscured glazing in any part of the window less than 1.7m above floor level.
(9)  Setbacks—Minimum 900mm to side boundaries and 6m to the rear boundary.
Swimming pools and spas
(1)  Generally—Must:
(a)  be on land comprising an existing dwelling house only, and
(b)  be for private domestic use only, and
(c)  be on a lot with a minimum area of 450m2.
(2)  Legal land constraints—Must not:
(a)  be built within 1m of an easement, and
(b)  breach any covenant to which the Council is a party, and
(c)  be in a zone of influence of a sewer main, and
(d)  be in a zone of influence of a public drainage pipe,
without the written approval of the relevant person or authority benefiting from the easement or covenant or occupation.
(3)  Streetscape—Must not be between the dwelling and the street boundary.
(4)  Bulk and scale—Coping or decking around pool must be no more than 200mm above the ground level (existing).
(5)  Setbacks—Must be at least 1.5m from the side and rear boundaries.
(6)  Privacy—The noise level of any filtration equipment or pumps must not exceed 5dBA above the ambient background level measured at the property boundary.
(7)  Open space and landscaping—At least 20% of the site must be soft landscaped, that is, not hard surfaces.
(8)  Safety—Installation and construction must comply, 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.
(9)  Pool and surrounding structures—Must comply with AS 1926 Set—2007Swimming pool safety Standards Set.
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Materials and finishes
The colour, texture and substance of all external materials must be as shown in the application.
Sydney Water approval
The approved plans must be appropriately certified by Sydney Water before the commencement of building works.
Certified plans and specifications on site
Certified plans, specifications and the consent must be available on site at all times during construction.
sch 3: Am 2010 (162), Sch 1.1 [6]; 2011 (363), Sch 6 [31].
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Nil
 
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
Nil
  
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item No
Abbotsford
Abbotsford House
2 Abbotsford Cove Drive
Lot 19, DP 270127
Local
1
Abbotsford
Battersea Park
Battersea Street
Lots 7016, 7017 and 7018, DP 1074188; Lot 1071, DP 1074188; Lots 20 and 21, DP 57637; Lot 17, DP 77464; Lots 11, 12 and 22, DP 939734; Lots 14 and 16, DP 3790; Lot 15, DP 57112; Lot 13, DP 58560; Lot 20, DP 182467
Local
16
Abbotsford
House
25 Battersea Street
Lot 76, DP 3790
Local
17
Abbotsford
AWI Office Building
54A Blackwall Point Road
Lot 1, DP 1071918
Local
23
Abbotsford
Former Animal Quarantine Station
Checkley and Spring Streets
Lot 1, DP 957603; Lot 7052, DP 93782
Local
80
Abbotsford
Tram Lines
Great North Road
 
Local
218
Abbotsford
Tram Shelter Shed
Great North Road
 
Local
219
Abbotsford
Electric Street Lights
Great North Road
 
Local
220
Abbotsford
Abbotsford Point Boatshed
Great North Road
Part Lot 1, DP 52972
Local
221
Abbotsford
Sandstone Kerbing
Great North Road
 
Local
222
Abbotsford
Abbotsford Public School
348 Great North Road
Lot 102, DP 808766
Local
231
Abbotsford
Abbotsford Community Centre
350 Great North Road
Lot 101, DP 808766
Local
232
Abbotsford
House “Mona”
373 Great North Road
Lot B, DP 358000
Local
233
Abbotsford
Clubhouse Pavilion and its curtilage
378 Great North Road
Lot 22, DP 270127
Local
234
Abbotsford
Chatham House and its curtilage
380 Great North Road
Lot 1, DP 862198
Local
235
Abbotsford
House “Coniston”
396 Great North Road
Lots X and Y, DP 377880
Local
236
Abbotsford
House
432 Great North Road
Lot 9, Sec B, DP 4669
Local
237
Abbotsford
Tippett Memorial Presbyterian Church and Hall
443–447 Great North Road
Lot 1, DP 4238; Lot 1, DP 128555; Lots 51 and 52, DP 13548
Local
238
Abbotsford
Sydney Rowing Club—Boatshed
613 Great North Road
Lot 100, DP 1049800
Local
239
Abbotsford
House
1 Poolman Street
Lot B, DP 320921
Local
385
Abbotsford
House
3 Poolman Street
Lot A, DP 320921
Local
386
Abbotsford
House “Gloaming”
14 Raynor Avenue
Lot 30, DP 14102
Local
406
Abbotsford
MWS and DB Pumping Station
73 St Albans Street
Lot 1, DP 717220
Local
414
Abbotsford
Werrell Park
2P Teviot Street
Lot 19, DP 244240; Lots 1 and 2, DP 667083; Lot 20, DP 244240; Lot 484, DP 39653; Lot 7019, DP 93709
Local
443
Abbotsford
Stone Steps
Walton Crescent corner of Marmion Road, in front of 43 Walton Crescent
 
Local
480
Abbotsford
House
40 Walton Crescent
Lot 12, Sec A, DP 4669
Local
481
Abbotsford
House
55 Walton Crescent
Lot 19, Sec B, DP 4669
Local
482
Abbotsford
Port Jackson Fig Trees (4)
Wymston Parade
 
Local
518
Abbotsford
MWS and DB Pumping Station
32 Wymston Parade (corner Hill Street)
Lots 95 and 96, DP 6743
Local
519
Breakfast Point
Former AGL Power House
97–99 Peninsula Drive
Lot 47, DP 270347
Local
383
Breakfast Point
Former AGL Blacksmiths’ Shop
123 Peninsula Drive
Lot 46, DP 270347
Local
382
Breakfast Point
Former AGL Fence to Tennyson Road, entrance gates and entry pavilion
Tennyson Road (east side) between Peninsula Drive and Emily Street, Magnolia Drive
 
Local
437
Breakfast Point
Former AGL Office No 1
19–21 Tennyson Road
Lot 1, DP 270347
Local
438
Breakfast Point
Former AGL Main Meter Readers’ Office
19–21 Tennyson Road
Lot 64, DP 270347
Local
439
Cabarita
House “Correys”—located on former Dulux site at 145 Cabarita Road
1 Bayside Terrace
Lot 1, DP 270282
Local
18
Cabarita
Cabarita Park—landscape, rotunda and swimming pool
Cabarita Road
Lot 7081, DP 93923; Crown Lot 1, DP 126394; Lot 291, DP 752023
Local
58
Cabarita
Kendall Reserve—landscape
Cabarita Road
Lot 64, DP 752023
Local
59
Cabarita
Houses. Pair of Inter-War California Bungalows.
116–118 Cabarita Road
Lots 42 and 43, DP 5167
Local
60
Cabarita
House
18 Collingwood Avenue
Lot 15, DP 14206
Local
94
Cabarita
House “Correy’s House”
1 Edgewood Crescent
Lot 1, DP 270282
Local
179
Cabarita
House
10 Kendall Street
Lot 2, Sec 2, DP 6536
Local
271
Cabarita
House
31 Phillips Street
Lot 280, DP 499696; Lot 1, DP 564192
Local
384
Cabarita
House “Strathroy” located on former Dulux site at 145 Cabarita Road
1 Strathroy Close
Lot 63, DP 270282
Local
423
Canada Bay
Hill’s Fig Trees (12)
Bevin Street
 
Local
22
Canada Bay
House
1 Renown Street
Lot 12, DP 2165
Local
407
Canada Bay
House
18 Walker Street
Lot 13, DP 736853
Local
479
Chiswick
Shop and residence
92 Blackwall Point Road
Lot 2, DP 859664
Local
24
Chiswick
Chiswick Steps and retaining wall
Chiswick Street
 
Local
81
Chiswick
Entry gates
16A Chiswick Street
Lot C, DP 363811
Local
82
Chiswick
House
18 Chiswick Street
Lot A, DP 363811
Local
83
Chiswick
House
2 Fortescue Street
Lot 3, DP 28476
Local
204
Concord
Street tree—landscape
Corner Ada and Coles Streets
 
Local
7
Concord
House “Marathon”
3 Ada Street
Lot C, DP 326687
Local
2
Concord
Federation House
4 Ada Street
Lot B, DP 927042
Local
3
Concord
House and garden
6 Ada Street
Lot C, DP 927042
Local
4
Concord
House
7 Ada Street
Lot 2, DP 114957
Local
5
Concord
Landscape
23 Ada Street
Lot B, DP 317298
Local
6
Concord
House
28 Addison Avenue
Lot 14, DP 6827
Local
8
Concord
House
2 Alton Avenue
Lot A, DP 414636
Local
9
Concord
Mortlake Public School—school, grounds
15 Archer Street
Lot 1, DP 782153; Lot 1, DP 729864; Lots 180–191, DP 7564
Local
10
Concord
Sub-station
1A Arthur Street
Lot 2, DP 100697
Local
11
Concord
Pair of Inter-War Bungalows
17–19 Arthur Street
Lots 17 and 18, DP 13702
Local
12
Concord
House
5 Bayview Street
Lot 15, DP 16276
Local
14
Concord
House
12 Bent Street
Lot 21, Sec 1, DP 1875
Local
20
Concord
House
24 Bent Street
Lot 15, Sec 1, DP 1875
Local
21
Concord
House
1 Braddon Street
Lot B, DP 308928
Local
30
Concord
House
13 Brays Road
Lot 21, Sec B, DP 4371
Local
31
Concord
House
14 Brays Road
Lot A, DP 354933
Local
32
Concord
Sub-station
40A Brays Road
Lot 1, DP 321453
Local
33
Concord
St Mary’s Anglican Church—church and grounds
54 Brays Road
Lots 1 and 2, DP 1964; Lot 1, DP 113024
Local
34
Concord
Queen Elizabeth Park—landscape
Broughton Street
Part Lot 1, DP 117862
Local
35
Concord
House
32 Broughton Street
Lot 9, DP 7625
Local
36
Concord
House
36 Broughton Street
Lot B, DP 405683
Local
37
Concord
House “Tamar”
20 Burke Street
Lot 8, DP 7440
Local
38
Concord
St Luke’s Anglican Church—church and grounds
19 Burton Street
Lots 2 and 4, DP 538607
Local
40
Concord
House “Lansdowne”
25 Burton Street
Lot 3, Sec 1, DP 8045
Local
41
Concord
Houses “Melaleuca” and “Clewer”; Pair of terrace houses, fences and garden
31–33 Burton Street
Lots E and D, DP 405877
Local
42
Concord
House “Loretto”
46 Burton Street
Lot 19, Sec 2, DP 939757
Local
43
Concord
St Mary’s Church—church, convent, school, presbytery
56–60 Burton Street
Lots 1, 2 and 4, DP 455681; Lots 1–3, DP 130919
Local
44
Concord
Street trees—landscape
Burwood Road (between Crane Street and Duke Avenue)
 
Local
56
Concord
Former Post Office building
22 Burwood Road
Lot 1, DP 85034
Local
45
Concord
Sandstone kerbing (west side, adjacent)—landscape
22–26 Burwood Road
 
Local
55
Concord
Former Anglican Rectory building
24 Burwood Road
Lot Y, DP 163687
Local
46
Concord
House
33 Burwood Road
Lots 6 and 7, DP 2931
Local
47
Concord
House
35 Burwood Road
Lot 5, DP 2931
Local
48
Concord
Concord Primary School—school, grounds
66 Burwood Road
Lot 1, DP 194308; Lot 2, Sec 12, DP 758623; Lots 9–14, Sec 1, DP 975955
Local
49
Concord
House
104 Burwood Road
Lot 43, DP 6790
Local
50
Concord
House
106 Burwood Road
Lot A, DP 301443
Local
51
Concord
House
108 Burwood Road
Lot 41, DP 6790
Local
52
Concord
House
110 Burwood Road
Lot 3, DP 6790
Local
53
Concord
Bayview Park—landscape
166P Burwood Road
Lot 16, DP 2063
Local
54
Concord
House and shop
13 Cabarita Road
Lot 4, DP 5531
Local
61
Concord
House “Allenby”
36 Cabarita Road
Lot 2, DP 9414
Local
62
Concord
Street trees—landscape
Castlereagh Street
 
Local
74
Concord
“Linden” and “Swinford”. Pair of Inter-War bungalows.
2–4 Clermont Avenue
Lots 63 and 64, DP 8972
Local
84
Concord
Inter-War Bungalows
7–11 Clermont Avenue
Lot 57, DP 12418; Lots 25 and 26, DP 8972
Local
85
Concord
House
8 Clermont Avenue
Lot 66, DP 8972
Local
86
Concord
House “Ardill”
31 Clermont Avenue
Lots 13–15, DP 8972; Lot A, DP 977893
Local
88
Concord
House
28 Clermont Avenue
Lot 34, DP 8972
Local
87
Concord
House
36 Clermont Avenue
Lot 38, DP 8972
Local
89
Concord
Wesley Uniting Church—church and hall
81 Concord Road
Lot 1, DP 310934; Lot 3, DP 130820; Lot A, DP 900413
Local
99
Concord
House
99 Concord Road
Lot 4, DP 34203
Local
100
Concord
House
11 Corby Avenue
Lot 13, DP 130490
Local
122
Concord
House
12 Corby Avenue
Lot 23, DP 9583
Local
123
Concord
House
13 Corby Avenue
Lot 12, DP 9583
Local
124
Concord
Presbyterian Church
14 Cormiston Avenue
Lots 10 and 11, DP 16147
Local
125
Concord
House
23 Cormiston Avenue
Lot A, DP 955442
Local
126
Concord
House “Trerieffe”
42 Cormiston Avenue
Lot 8, Sec A, DP 6538
Local
127
Concord
House
51 Cormiston Avenue
Lot 11, Sec B, DP 6538
Local
128
Concord
House
10 Correys Avenue
Lot 10, DP 13820
Local
129
Concord
House
16 Correys Avenue
Lot 7, DP 13820
Local
130
Concord
House
22 Correys Avenue
Lot 4, DP 13820
Local
131
Concord
House
24 Correys Avenue
Lot 3, DP 13820
Local
132
Concord
House “Berhilma”
103 Correys Avenue
Lot 63, DP 9221
Local
133
Concord
House
109 Correys Avenue
Lot 66, DP 9221
Local
134
Concord
House
111 Correys Avenue
Lot 67, DP 9221
Local
135
Concord
Shop and residence
28 Crane Street
Lot 1, DP 324177
Local
136
Concord
Shops
42–46 Crane Street
Lots 1–3, DP 13862
Local
137
Concord
House
1 Creewood Street
Lot 4, DP 13884
Local
138
Concord
House
2 Creewood Street
Lot C, DP 316685
Local
139
Concord
House
3 Creewood Street
Lot 5, DP 13884
Local
140
Concord
House
4 Creewood Street
Lot B, DP 316685
Local
141
Concord
House
5 Creewood Street
Lot 6, DP 13884
Local
142
Concord
House
6 Creewood Street
Lot A, DP 316685
Local
143
Concord
House
7 Creewood Street
Lot 7, DP 13884
Local
144
Concord
House
8 Creewood Street
Lot 11, DP 13884
Local
145
Concord
House
9 Creewood Street
Lot 1, DP 183407
Local
146
Concord
House
10 Creewood Street
Lot 12, DP 13884
Local
147
Concord
House
11 Creewood Street
Lot 1, DP 15085
Local
148
Concord
House
12 Creewood Street
Lot 13, DP 13884
Local
149
Concord
House
13 Creewood Street
Lot 2, DP 15085
Local
150
Concord
House
14 Creewood Street
Lot 14, DP 13884
Local
151
Concord
House
15 Creewood Street
Lot 3, DP 15085
Local
152
Concord
House
17 Creewood Street
Lot 4, DP 15085
Local
153
Concord
House
19 Creewood Street
Lot 5, DP 15085
Local
154
Concord
House
21 Creewood Street
Lot 6, DP 15085
Local
155
Concord
House
8 Daly Avenue
Lot 16, DP 12739
Local
165
Concord
House
89 Davidson Avenue
Lot 47, DP 16249
Local
166
Concord
House
3 Denison Street
Lot 26, DP 18879
Local
174
Concord
Street trees—landscape
Edward Street
 
Local
182
Concord
House “Kelvin”
1A Edward Street
Lot C, DP 311446
Local
180
Concord
House
16 Edward Street
Lot 1, DP 943601
Local
181
Concord
House
3 Empire Avenue
Lots 9 and 10, DP 7503
Local
183
Concord
House
44 Empire Avenue
Lot 2, DP 14810
Local
184
Concord
House
48 Empire Avenue
Lot 4, DP 14810
Local
185
Concord
House
52 Empire Avenue
Lot 6, DP 14810
Local
186
Concord
House “Marsham”
56 Empire Avenue
Lot 8, DP 14810
Local
187
Concord
House
12 Excelsior Street
Lot D, DP 302750
Local
189
Concord
House
19 Excelsior Street
Lot B, DP 311832
Local
190
Concord
House
22 Excelsior Street
Lot 2, DP 311776
Local
191
Concord
House
18 Fairview Street
Lot 1, Sec 3, DP 749
Local
192
Concord
Henley Park—landscape
Flavelle Street
Lots 6281 and 6282, DP 3000; Crown Lots 201–210 and 278–284, DP 752023
Local
199
Concord
Adventist Church—church
7 Flavelle Street
Lot 40, DP 6827
Local
196
Concord
House
24 Flavelle Street
Lot 12, DP 501281
Local
197
Concord
House
52 Flavelle Street
Lot 13, DP 5777
Local
198
Concord
House
1 Forster Street
Lot 1, DP 512663
Local
203
Concord
Street trees—landscape
Franklyn Street
 
Local
207
Concord
House
6 Franklyn Street
Lot 14, DP 12301
Local
205
Concord
House “Wangi”
21 Franklyn Street
Lot 6, DP 12739
Local
206
Concord
House
3 Frederick Street
Lot A, DP 392351
Local
208
Concord
St Patrick’s Church—church, Presbytery and grounds
33 Gale Street
Lots 62–75, DP 2302
Local
209
Concord
Victorian House
37 Gale Street
Lots 60 and 61, DP 2302
Local
210
Concord
Goddard Park—landscape
52P Gipps Street
Part Lot 1, DP 117862
Local
214
Concord
House—Myraville
74 Gipps Street
Lot 61, DP 7594
Local
215
Concord
Pair of Inter-War Moderne Houses
12–14 Gloucester Street
Lots 117 and 118, DP 7564
Local
216
Concord
House
22 Gloucester Street
Lot 1, DP 948504
Local
217
Concord
House
2 Homedale Avenue
Lot 80, DP 7353
Local
255
Concord
Edwards Park—landscape
Ian Parade (known as 1P Wellbank Street)
Lot 120, DP 752023; Lot 289, DP 752023 plus 2 un-numbered lots
Local
258
Concord
Massey Park Golf Course (grounds only) and Sanders Reserve—landscape
1 Ian Parade (also known as 1C and 1P Ian Parade)
Lot B, DP 392351; Part Lot 22, DP 56134; Lot 18, DP 5531; Lot 21060, DP 3000
Local
259
Concord
House
8 Jellicoe Street
Lot 58, DP 8278
Local
270
Concord
House “Unalea”
14 Keppel Avenue
Lot 28, DP 7594
Local
272
Concord
House “Ypres”
14 La Mascotte Avenue
Lot 34, DP 6790
Local
278
Concord
House
24 La Mascotte Avenue
Lot 29, DP 6790
Local
279
Concord
House
16 Lancelot Street
Lot 241, DP 7564
Local
281
Concord
Street trees—landscape
Lansdowne Street
 
Local
282
Concord
House
1 Lindfield Avenue
Lot 4, DP 15402
Local
286
Concord
House
2 Lindfield Avenue
Lot 1, DP 15402
Local
287
Concord
House
3 Lindfield Avenue
Lot 5, DP 15402
Local
288
Concord
House “Norwich”
4 Lindfield Avenue
Lot 2, DP 15402
Local
289
Concord
House
5 Lindfield Avenue
Lot 6, DP 15402
Local
290
Concord
House
11 Lindfield Avenue
Lot 9, DP 322322
Local
291
Concord
Street trees—landscape
Links Avenue
 
Local
300
Concord
House
64 Links Avenue
Lot 97, DP 9221
Local
292
Concord
House
65 Links Avenue
Lot 34, DP 521048
Local
293
Concord
House
66 Links Avenue
Lot 96, DP 9221
Local
294
Concord
House
67 Links Avenue
Lot 2, DP 319226
Local
295
Concord
House
99 Links Avenue
Lot 17, DP 9221
Local
296
Concord
House
103 Links Avenue
Lot 15, DP 9221
Local
297
Concord
House “Tarrant”
107 Links Avenue
Lot 13, DP 9221
Local
298
Concord
House “Janibar”
129 Links Avenue
Lot 2, DP 9221
Local
299
Concord
House
24 Lloyd George Avenue
Lot B, DP 307951
Local
307
Concord
St Luke’s Park entrance—gateway/entrance. Gates and trees only—landscape
Loftus Street
Lot 7077, DP 752023
Local
308
Concord
Pair of Inter-War Moderne houses
45–47 Macnamara Avenue
Lots 19–20, DP 15739
Local
328
Concord
House
62 Macnamara Avenue
Lot 6, DP 15502
Local
329
Concord
Concord Golf Course (grounds only)—landscape
Majors Bay Road
Lot 147, DP 752023; Lots 10–16, DP 132751
Local
332
Concord
Rothwell Park—landscape
Majors Bay Road
Lot 81A, DP 752023; Lot 262, DP 752023
Local
333
Concord
Street trees in median strip—landscape
Majors Bay Road
 
Local
334
Concord
Post Office—building
48 Majors Bay Road
Lot 2, DP 1001791
Local
330
Concord
Concord Memorial Hall—hall
138 Majors Bay Road
Lots 59–62, DP 13820
Local
331
Concord
House
8 Melbourne Street
Lot 3, DP 8664
Local
345
Concord
House
34 Melbourne Street
Lot 16, DP 8664
Local
346
Concord
House
33 Noble Street
Lot 160, DP 7564
Local
364
Concord
House “Netherby” and garden
2 Park Avenue
Lot A, DP 326934
Local
368
Concord
House
8 Park Avenue
Lot 1, DP 567218
Local
369
Concord
House
14 Park Avenue
Lot 1, DP 15297
Local
370
Concord
House
2 Patterson Street
Lot 22, DP 6827
Local
374
Concord
Group of Inter-War Bungalows
13–17 Patterson Street
Lots 2 and 3, DP 16147; Lot 20, DP 16147
Local
375
Concord
House
21 Patterson Street
Lots 21 and 22, DP 16147
Local
376
Concord
House
32 Patterson Street
Lot 46, DP 7594
Local
377
Concord
House
44 Patterson Street
Lot 26, DP 7594
Local
378
Concord
House
59 Patterson Street
Lot 223, DP 752023
Local
379
Concord
House
95 Patterson Street
Lot B, DP 333649
Local
380
Concord
House
123 Patterson Street
Lot 6, DP 34203
Local
381
Concord
House
34 Salt Street
Lot 35, DP 9194
Local
410
Concord
House
36 Salt Street
Lot B, DP 320535
Local
411
Concord
Concord High School grounds—landscape
Stanley Street
Lot B, DP 414465; Lot 15, DP 8687; Lot 1, DP 60167; Part Lot 1, DP 59489; Lot 285, DP 752023
Local
421
Concord
Street trees—landscape
Stanley Street
 
Local
422
Concord
House “Tabratong”
19 Stanley Street
Lot 2, DP 975955
Local
420
Concord
Street trees—landscape
Sydney Street
 
Local
431
Concord
Traffic island garden—landscape
Sydney Street
 
Local
432
Concord
House “Serendipity”
1 Sydney Street
Lot 3, DP 311226
Local
429
Concord
Sub-station
22A Sydney Street
Lot 1, DP 179878
Local
430
Concord
Commercial Building
10–12 Tennyson Road
Lots A and B, DP 107947
Local
436
Concord
House and garden
10 Thornleigh Avenue
Lots 8–11, DP 7594
Local
461
Concord
House “Glenora”
11 Thornleigh Avenue
Lot 21, DP 7594
Local
462
Concord
House
8 Tripod Street
Lot 1, DP 960851
Local
464
Concord
House
29 Warbrick Street
Lot 85, DP 8278
Local
484
Concord
Central Park—landscape
Wellbank Street, corner of Clermont Avenue
Part 106A, DP 752023
Local
492
Concord
Concord Council Chambers—grounds only—landscape
Wellbank Street, corner of Flavelle Street
Lot 5, DP 35624
Local
493
Concord
Street trees—landscape
Wellbank Street between Clermont Avenue and Concord Road
 
Local
494
Concord
Sub-station
2A Wellbank Street
Lot 1, DP 112384
Local
487
Concord
Greenlees Park—landscape
Note—
One of 3 former Arnott’s administration cottages originally located at 22–26 George Street North Strathfield is now located in this park.
2B Wellbank Street
Crown land: Lots 405 and 482, DP 752023; Lots 1 and 2, DP 607236
Local
488
Concord
House
42 Wellbank Street
Lot 2, DP 656083
Local
489
Concord
Baby Health Centre—building
57A Wellbank Street
Lot 297, DP 752023
Local
490
Concord
House
108 Wellbank Street
Lot 95, DP 7353
Local
491
Concord
House
22 Zoeller Street
Lot 1, DP 104067
Local
523
Concord
House
46 Zoeller Street
Lot 3, DP 10041
Local
524
Concord
House
55 Zoeller Street
Lot 13, DP 14810
Local
525
Concord West
House
10 Bangalla Road
Lot 65, DP 8733
Local
13
Concord West
Street trees—landscape
Boronia Street
 
Local
28
Concord West
House
11 Castlestead Street
Lot 36, DP 8976
Local
75
Concord West
House
264 Concord Road
Lot 16, Sec 1, DP 6949
Local
101
Concord West
Holy Trinity Anglican church—church and grounds
270–272 Concord Road
Lot 2, DP 854835
Local
102
Concord West
House
277 Concord Road
Lot 12, DP 6950
Local
103
Concord West
House
279 Concord Road
Lot 11, DP 6950
Local
104
Concord West
Uniting Church—church
310 Concord Road
Lots 73 and 74, DP 8733
Local
105
Concord West
Masonic Hall—building
315 Concord Road
Lot 1, Sec C, DP 10188; Lots 87 and 88, Sec C, DP 11996
Local
106
Concord West
Concord West Public School—school
378 Concord Road
Lots 4–9 and 31–34, DP 9353; Lot 1, DP 397135; Lot 1, DP 403986; Lot 1, DP 415541; Lot 1, DP 413949; Lot 1, DP 415864; Lot 1, DP 415538; Lot 2, DP 395296; Lot 1, DP 441539; Lot 1, DP 391492; Lot 1, DP 385981
Local
107
Concord West
House
14 Consett Street
Lot 8, Sec F, DP 6487
Local
120
Concord West
House
63 Consett Street
Lot 28, Sec 2, DP 6949
Local
121
Concord West
Street trees—landscape
Cumming Avenue
 
Local
163
Concord West
House
16 Cumming Avenue
Lot 32, DP 6950
Local
159
Concord West
House
18 Cumming Avenue
Lot 33, DP 6950
Local
160
Concord West
House and garden
22 Cumming Avenue
Lot 35, DP 6950
Local
161
Concord West
House
26 Cumming Avenue
Lot 37, DP 6950
Local
162
Concord West
ThomWalker Hospital Group—main building, former children’s hospital, former stables, former cottage, The Watergate, store, garage, grounds, entry gate and cottage
1A Hospital Road
Lot 1, DP 725129; DP 57372; Part Lot 1, DP 166721
State
257
Concord West
Concord Repatriation Hospital—original main building, grounds and layout
1C and 1H Hospital Road
Lot 2, DP 89877
Local
256
Concord West
House
4 Iandra Street
Lot 34, Sec F, DP10188
Local
260
Concord West
House
7 Iandra Street
Lot 36, Sec G, DP 10188
Local
261
Concord West
House
10 Iandra Street
Lot 31, Sec F, DP 10188
Local
262
Concord West
House
11 Iandra Street
Lots 38 and 68, Sec G, DP 10188
Local
263
Concord West
House
13 Iandra Street
Lot 39, Sec G, DP 10188
Local
264
Concord West
House and garden
42 Iandra Street
Lot 15, Sec F, DP 10188
Local
265
Concord West
House and garden
44 Iandra Street
Lot 14, Sec F, DP 10188
Local
266
Concord West
House and garden
46 Iandra Street
Lot 13, Sec F, DP 10188
Local
267
Concord West
House
52 Iandra Street
Lot 10, Sec F, DP 10188
Local
268
Concord West
House
54 Iandra Street
Lot 9, Sec F, DP 10188
Local
269
Concord West
Rhodes Park Kokoda Trail Memorial—landscape
Killoola Street
Lot 7062, DP 93918; Crown Lot 4, DP 20270; Lot 1, DP 85560; Lots 9–25, DP 20309; Lot 1, DP 535257
Local
273
Concord West
House
1 Mackenzie Street
Lot 16A, DP 12602
Local
324
Concord West
House
54 Mackenzie Street
Lot 5, Sec C, DP 6487
Local
325
Concord West
House “Camellia”
56 Mackenzie Street
Lot 4, Sec C, DP 6487
Local
326
Concord West
Pair of Inter-War Bungalows
74–76 Mackenzie Street
Lots 6 and 7, Sec 2, DP 6949
Local
327
Concord West
House
59 Mepunga Street
Lot 76, Sec B, DP 11996
Local
347
Concord West
Street trees—landscape
Myall Street
 
Local
356
Concord West
House “Halcyon” and garden
76 Myall Street
Lot 17, Sec D, DP 10188
Local
355
Concord West
Pair of Inter-War Modern houses
15–17 Nirranda Street
Lots 53 and 54, Sec C, DP 11996
Local
361
Concord West
House
35 Nirranda Street
Lot 63, Sec C, DP 11996
Local
362
Concord West
House
79 Nirranda Street
Lot 1, DP 14318
Local
363
Concord West
Arthur Walker Reserve—landscape
Note—
One of 3 former Arnott’s administration cottages originally located at 22–26 George Street, North Strathfield is now located in this Reserve.
Nullawarra Avenue
Lot 6, DP 606747
Local
366
Concord West
Street trees—landscape
Nullawarra Avenue
 
Local
367
Concord West
Dame Eadith Walker Hospital Group—Dairy, Gatehouse, Coach House, “Boronia” cottage, timber garages, “Woodbine” cottage, Stables, Prince of Wales Squash Courts, “Yaralla House”, “Jonquil” cottage, garages, “Magnolia” cottage, hospital grounds
11 Nullawarra Avenue
Lots 1 and 2, DP 231732
State
444
Concord West
Concord West Railway Station—train station
Queen Street
Lot 101, DP 1002884
Local
394
Concord West
Concord West Railway Station park—landscape
Queen Street
Lot 101, DP 1002884
Local
395
Concord West
House
52 Queen Street
Lot 10, DP 6487
Local
389
Concord West
House
173 Queen Street
Lot 20, Sec E, DP 6487
Local
390
Concord West
House
177 Queen Street
Lot 22, Sec E, DP 6487
Local
391
Concord West
St Ambrose School—school
227 Queen Street
Lot 14, Sec 3, DP 6949
Local
392
Concord West
House
361 Queen Street
Lot 23, DP 9353
Local
393
Concord West
Street trees—landscape
The Drive
 
Local
451
Concord West
House
8 The Drive
Lot 32, Sec E, DP 10188
Local
445
Concord West
House and garden
28 The Drive
Lot 22, Sec E, DP 10188
Local
446
Concord West
House
39 The Drive
Lot 55, Sec E, DP 10188
Local
447
Concord West
House and garden
40 The Drive
Lot 16, Sec E, DP 10188
Local
448
Concord West
House
58 The Drive
Lot 7, Sec E, DP 10188
Local
449
Concord West
House “The Lodge”
67 The Drive
Lot 68, Sec F, DP 10188
Local
450
Concord West
House
12 Victoria Avenue
Lot 19, DP 6145
Local
465
Concord West
Shop
29 Victoria Avenue
Lot 46, DP 654453
Local
466
Concord West
Powell’s Creek Reserve—landscape
64–66 Victoria Avenue
Lot 5, DP 778667; Lot 2, DP 218758
Local
467
Concord West
Post Box—Federation Post Box
Wilga Street and corner of Concord Road
 
Local
503
Concord West
House
11 Wilga Street
Lot 60, Sec D, DP 10188
Local
497
Concord West
House
12 Wilga Street
Lot 40, Sec C, DP 10188
Local
498
Concord West
House
13 Wilga Street
Lot 61, Sec D, DP 10188
Local
499
Concord West
House “Edgecote”
52 Wilga Street
Lot 20, Sec C, DP 10188
Local
500
Concord West
House
56 Wilga Street
Lot 18, Sec C, DP 10188
Local
501
Concord West
House
77 Wilga Street
Lot 93, Sec D, DP 10188
Local
502
Concord West
Street trees—landscape
Wunda Road
 
Local
517
Concord West
House
6 Wunda Road
Lot 2, DP 510784
Local
515
Concord West
House “Curzon”
9 Wunda Road
Lot 2, DP 14878
Local
516
Concord West
Street trees—landscape
Yaralla Street
 
Local
521
Concord West
Warbrick Park—landscape
87P Yaralla Street
Lots 1–6 and 29–32, Sec 1, DP 6949
Local
520
Drummoyne
Pair of semi-detached houses
7–9 Bayswater Street
Lots D and E, DP 108487
Local
19
Drummoyne
Drummoyne Baptist Church
Corner Bowman and Tranmere Streets
Lot 1, DP 974933
Local
29
Drummoyne
House
13 Burnell Street
Lot 39, DP 11814
Local
39
Drummoyne
House “Carthona”
14 Cambridge Road
Part Lot B, DP 310000
Local
63
Drummoyne
House
70 Cary Street (also known 70 Roseby Street)
Lot 5, Sec 11, DP 862
Local
72
Drummoyne
House
72 Cary Street (also known 72 Roseby Street)
Lot 4, Sec 11, DP 862
Local
73
Drummoyne
St Bede’s Anglican Church
14 College Street
Lot 1, DP 176004
Local
90
Drummoyne
St Bede’s Anglican Church Rectory and Hall (former church)
21 College Street
Lots 39 and 41, Sec 2, DP 967; Lot B, DP 311845
Local
91
Drummoyne
Uniting Church and Hall
33 College Street
Lot 27, Sec 2, DP 967
Local
92
Drummoyne
The Manse
63 College Street
Lot 1, DP 974090
Local
93
Drummoyne
Group of four Victorian Italianate houses
5–11 Collingwood Street
Lots 21–24, Sec 3, DP 964
Local
95
Drummoyne
House “Glendalough”
23 Collingwood Street
Lot 30, DP 964; Lot 1, DP 961267
Local
96
Drummoyne
House
26 Collingwood Street (also known 123 St Georges Crescent)
Lot 1, DP 127369
Local
97
Drummoyne
House
28 Collingwood Street (also known 125 St Georges Crescent)
Lot 27, Sec 5, DP 964; Lot 1, DP 912029
Local
98
Drummoyne
Scout Hall, Former Residence
11 Dening Street
Lots 99 and Part 100, DP 980; Lot 98, DP 661923; Lot 1, DP 982611
Local
167
Drummoyne
House “Emstone House”
13 Dening Street
Lot 97, DP 980
Local
168
Drummoyne
House “Dorothy”
22 Dening Street
Lot 12, DP 4514
Local
169
Drummoyne
House
24 Dening Street
Lot 13, DP 4514
Local
170
Drummoyne
House
25 Dening Street
Lot 91, DP 980
Local
171
Drummoyne
House
26 Dening Street
Lot 14, DP 4514
Local
172
Drummoyne
House
54 Dening Street
Lot 1, DP 1015696
Local
173
Drummoyne
House “Clovelly”
1 Drummoyne Avenue
Lot 1, DP 856715
Local
175
Drummoyne
Marist Brothers’ House
14 Drummoyne Avenue
Lots 37 and 38, DP 3076; Lot 1, DP 949058; Lot 1, DP 575845
Local
176
Drummoyne
House “Shalimar”—private garden, fence and gate
16 Drummoyne Avenue
Lot 1, DP 850331
Local
177
Drummoyne
House “Tobique”
44 Drummoyne Avenue
Lot 1, DP 927266
Local
178
Drummoyne
House
18 Formosa Street
Lot 1, DP 798690
Local
200
Drummoyne
Pair of semi-detached houses
20–22 Formosa Street
Lots 1 and 2, DP 203823; Lots 6 and 7, DP 776214
Local
201
Drummoyne
House
32 Formosa Street
Lot 1, DP 655199
Local
202
Drummoyne
House
19 Hampden Road
Lot A, DP 372155
Local
240
Drummoyne
House
21 Hampden Road
Lot B, DP 372155
Local
241
Drummoyne
Natural Foreshore between Ullathorne Street and Drummoyne Swimming Pool
Henley Marine Drive
 
Local
242
Drummoyne
Iron Cove Bridge Abutment (1882)
Henley Marine Drive between the bridge and the swimming pool
 
Local
243
Drummoyne
MWS and DB Sewerage Pumping Station
Corner Henley Marine Drive and Ullathorne Street (119W Henley Marine Drive)
Lot 1, DP 437891; Lot 2, DP 437891
Local
246
Drummoyne
Palms, Camphor Laurels, Brush Box and Hill’s Figs
Lyons Road
 
Local
310
Drummoyne
Hotel
13 Lyons Road
Lot 1, DP 182751
Local
311
Drummoyne
Drummoyne Fire Station
29 Lyons Road
Lot 1, DP 931672
Local
312
Drummoyne
Drummoyne Presbyterian Church and Sir ThomHenley Memorial Sunday School and Hall
31 Lyons Road
Lot 1, Sec 3, DP 967
Local
313
Drummoyne
Sutton Place Shops
38–50 Lyons Road
Lots 1–22, DP 38722
Local
314
Drummoyne
House “Kinvara”
54 Lyons Road
Lot 2, DP 657666
Local
315
Drummoyne
Sydney Electricity Sub-station
60 Lyons Road
Lot 70, DP 668981
Local
316
Drummoyne
House
68 Lyons Road
Lot 3, DP 5980
Local
317
Drummoyne
House
153 Lyons Road
Lots 2 and 3, DP 4462
Local
318
Drummoyne
War Memorial Monument (on grounds of Council Chambers)
1A Marlborough Street
Lots 1 and 2, DP 1091309; Lot 1, DP 724469
Local
343
Drummoyne
House “Rosebank—Waratah”
35 Marlborough Street
Lots 1–26, SP 39227
Local
344
Drummoyne
House
10 Park Avenue
Lots 30 and 31, Sec 8, DP 862
Local
372
Drummoyne
House
39 Park Avenue
Lot 18, Sec 9, DP 862
Local
373
Drummoyne
House
24 Moore Street
Lot 60, DP 980
Local
351
Drummoyne
House
31 Moore Street
Lot 28, DP 972982
Local
352
Drummoyne
House
40 Moore Street
Lots 52 and 53, DP 980
Local
353
Drummoyne
Reservoir
Rawson Avenue
Lots 13–16, DP 455626
State
404
Drummoyne
Drummoyne Public School
Rawson Avenue
Lot 1, DP 122899
Local
405
Drummoyne
Birkenhead Point, Former Dunlop Factory Buildings
19A Roseby Street
Lot 110, DP 1019787
Local
409
Drummoyne
House
7 South Street
Lot 2, DP 966506
Local
413
Drummoyne
House
41 St George’s Crescent
Lot 48, DP 3771
Local
415
Drummoyne
House
52–52A St George’s Crescent
Lots 1 and 2, DP 1002598/2
Local
416
Drummoyne
House
123 St George’s Crescent (also known 26 Collingwood Street)
Lot 1, DP 127369
Local
417
Drummoyne
House
125 St George’s Crescent (known 28 Collingwood Street)
Lot 27, Sec 5, DP 964
Local
418
Drummoyne
House
129 St George’s Crescent (known 129 Lower St George’s Crescent)
Lot 1, DP 965863
Local
419
Drummoyne
House
1 Stuart Crescent
Lots 1 and 2, DP 19788
Local
424
Drummoyne
Bourketown Square
Thompson and Plunkett Streets
 
Local
452
Drummoyne
Electric Street Light
Thompson Street
 
Local
453
Drummoyne
Shop and Residence
50 Thompson Street
Lot A, DP 108310
Local
454
Drummoyne
House “The Laurels”
53 Thompson Street
Lot 19, DP 3225
Local
455
Drummoyne
Shop and Residence
54 Thompson Street
Lot 1, DP 666150
Local
456
Drummoyne
House “Glendenning”
55 Thompson Street
Lot 20, DP 3225
Local
457
Drummoyne
House “Wyncroft”
57 Thompson Street
Lot 21, DP 3225
Local
458
Drummoyne
House “Rhodesia”
62A Thompson Street
Lot 6, DP 3045
Local
459
Drummoyne
House “Alma”
66 Thompson Street
Lot 5, DP 330587
Local
460
Drummoyne
St Mark’s Catholic Church and grounds
35 Tranmere Street
Lot 21, DP 662855; Lots 19 and 20, Sec 1, DP 967; Lot 18, DP 667068
Local
463
Drummoyne
House
308 Victoria Place
Lot 5, DP 659465; Lot 1, DP 616899
Local
468
Drummoyne
House
339 Victoria Place
Lot 3, DP 377400
Local
469
Drummoyne
House
341 Victoria Place
Lot 2, DP 377400
Local
470
Drummoyne
House
343 Victoria Place
Lot 1, DP 377400
Local
471
Drummoyne
Boatshed
348 Victoria Place
Lot 13, DP 1514
Local
472
Drummoyne
House
352 Victoria Place
Lot 100, DP 1012238
Local
473
Drummoyne
Howley Park, Five Dock Point
361P Victoria Place
Lots 7057 and 7058, DP 94083; Lot 1, DP 930001
Local
475
Drummoyne
Abutments Gladesville Bridge, Five Dock Point
End Victoria Place
 
Local
474
Drummoyne
Shop and Residence
64 Victoria Road
Lot 6, DP 862
Local
476
Drummoyne
Westpac Bank
191 Victoria Road
Lot 8, Sec 1, DP 862
Local
477
Drummoyne
Reorganised Church of Jesus Christ of Latter Day Saints
234 Victoria Road
Lot 1, DP 777456
Local
478
Drummoyne
MWS and DB Pump House
24 Westbourne Street
Lot B, DP 396119
Local
495
Drummoyne
House
46 Westbourne Street
Lot 1, DP 11002119
Local
496
Drummoyne
House
1 Wolseley Street
Lot 1, DP 1091262
Local
504
Drummoyne
House
3 Wolseley Street
Lot 37, Sec 5, DP 964
Local
505
Drummoyne
House
4 Wolseley Street
Lot 17, DP 964
Local
506
Drummoyne
House
9 Wolseley Street
Lot 101, DP 1070278
Local
507
Drummoyne
House “Yawatta”
11 Wolseley Street
Lot 1, DP 943442
Local
508
Drummoyne
Brush Box Street Planting
Wrights Road
 
Local
510
Drummoyne
House
2 Wrights Road
Lot A, DP 421080
Local
511
Drummoyne
Stone Abutments
4P Wrights Road
Lot 498, DP 752023
Local
509
Drummoyne
House “Dunaverty” and garden
8 Wrights Road
Lots 5 and 6, DP 964; Lot 1, DP 779912
Local
512
Drummoyne
Canary Island Palms (2)
28 Wrights Road
Lot 5, Sec 4, DP 964
Local
513
Drummoyne
House “Omrah”
45 Wrights Road
Lot A, DP 18979
Local
514
Drummoyne and Five Dock
Iron Cove Foreshore Drive
Henley Marine Drive and Timbrell Drive
 
Local
244
Five Dock
Five Dock Oval and Park
Barnstaple Road, Ingham Avenue and Park Road
Lot 3, DP 717249
Local
15
Five Dock
House
30 Connecticut Avenue
Lot 30, Sec B, DP 5738
Local
119
Five Dock
House “Erina”
18 Erina Avenue
Lots 1 and 2, DP 529228
Local
188
Five Dock
House
93 First Avenue
Lot 143, DP 7510
Local
193
Five Dock
Domremy Convent Group
121 First Avenue
Lot 1, DP 128043; Lot 5, DP 224319
Local
194
Five Dock
Five Dock Masonic Hall
177 First Avenue
Lots 24 and 25, DP 7401
Local
195
Five Dock
Police Station
14 Garfield Street
Lot 1, DP 799459
Local
211
Five Dock
Five Dock Hotel
74 Great North Road
Lot 1, DP 125908; Lot A, DP 324414
Local
223
Five Dock
Former CBC of Sydney Bank
94 Great North Road
Lot 1, DP 236750
Local
224
Five Dock
Attached shops
133–135 Great North Road
Lots 8 and 9, DP 220545
Local
225
Five Dock
St Alban’s Anglican Church
171–173 Great North Road
Lot D, DP 158552; Lot 8, DP 17324
Local
226
Five Dock
St Alban’s Anglican Church Rectory
175 Great North Road
Lot 7, DP 17324
Local
227
Five Dock
St Alban’s Anglican Church Hall and Shops
177–179 Great North Road
Part Lot 6, DP 17324
Local
228
Five Dock
Post Office
187 Great North Road
Lot 1, DP 210406
Local
229
Five Dock
Terrace of three shops
189–193 Great North Road
Lots 1–3, DP 11313
Local
230
Five Dock
House
28 Henry Street
Lot 2, DP 215955
Local
248
Five Dock
Five Dock Public School and Garden
33E Henry Street
Lot 1, DP 1074723
Local
247
Five Dock
House
58 Henry Street
Lot 1, DP 13590
Local
249
Five Dock
House
60 Henry Street
Lot 2, DP 13590
Local
250
Five Dock
House
62 Henry Street
Lot 3, DP 13590
Local
251
Five Dock
House
64 Henry Street
Lot 4, DP 13590
Local
252
Five Dock
House
44 Kings Road
Lot 1, DP 656132
Local
274
Five Dock
House
46 Kings Road
Part Lot 2, DP 2609
Local
275
Five Dock
House
48 Kings Road
Lot 3, DP 656134
Local
276
Five Dock
House
20 Kirrang Street
Lot 38, DP 9883
Local
277
Five Dock
Corner Shop and Residence
30 Lavender Street
Lot 18, DP 84536
Local
283
Five Dock
Hills Figs
Lyons Road between Great North Road and 418 Lyons Road
 
Local
322
Five Dock
Palms, Camphor Laurels and Brush Box
Lyons Road between Gipps and Dening Streets
 
Local
323
Five Dock
House
410 Lyons Road
Lot B, DP 317595
Local
320
Five Dock
Brush Box Street Planting
Lyons Road West
 
Local
321
Five Dock
House “Allowrie”
38 Minnesota Avenue
Lot 33, Sec A, DP 5738
Local
348
Five Dock
House
43 Minnesota Avenue
Lot 9, Sec B, DP 5738
Local
349
Five Dock
House “Murralong”
42 Murralong Avenue
Lot B, DP 312650
Local
354
Five Dock
House “Lazy Acres”
1 Norman Street
Lot 2, DP 449877
Local
365
Five Dock
Rosebank College
121 Parramatta Road
Lot 10, DP 718237
Local
371
Five Dock
House
16 Queens Road
Lot 10, DP 1090805
Local
398
Five Dock
House
18 Queens Road
Lot B, DP 320559
Local
399
Five Dock
House “Riverview”
44 Queens Road
Lot 1, DP 320508
Local
400
Five Dock
One of a pair of Terrace Houses
140 Queens Road
Lot 101, DP 826625
Local
401
Five Dock
One of a pair of Terrace Houses
142 Queens Road
Lot 100, DP 826625
Local
402
Five Dock
Pair of Shops
82–84 Ramsay Road
Lot 1, DP 1000063
Local
403
Five Dock
House
6 Rodd Road
Lot 27, DP 4855
Local
408
Five Dock
House
32 Wareemba Street
Lot 51, Sec C, DP 5521
Local
485
Five Dock
House
39 Waterview Street
Lot 11, DP 869673
Local
486
Five Dock
Pair of semi-detached houses
1A–5 York Avenue
Lot A, DP 321125; Lot 1, DP 984101
Local
522
Mortlake
Wangal Centenary Bushland Reserve—landscape
Hilly Street
Lot 41, DP 736614; Lot 1, DP 738239; Lots 10 and 11, DP 241277
Local
254
Mortlake
Mortlake Punt—ramp, slipway, setting
33W Hilly Street
Part Lot 1, DP 1064906
Local
253
Mortlake
Palace Hotel
62 Tennyson Road
Lot 4, DP 415523
Local
440
Mortlake
Shop
64 Tennyson Road
Lots 15 and 16, DP 1937
Local
441
Mortlake
Shop
70 Tennyson Road
Lot 3, DP 854618
Local
442
North Strathfield
House
2 Carrington Street
Lots 66 and 67, Sec 4, DP 1835
Local
64
North Strathfield
Concord Baptist Church—church
3 Carrington Street
Lots 33 and 34, Sec 3, DP 1835
Local
65
North Strathfield
House
4 Carrington Street
Lots 68 and 69, Sec 4, DP 1835
Local
66
North Strathfield
House
7 Carrington Street
Lots 29 and 30, Sec 3, DP 1835
Local
67
North Strathfield
House
13 Carrington Street
Lot 26, Sec 3, DP 1835
Local
68
North Strathfield
House
14 Carrington Street
Lot 1, DP 918828
Local
69
North Strathfield
House
17 Carrington Street
Lot 24, Sec 3, DP 1835
Local
70
North Strathfield
House
19 Carrington Street
Lots 22 and 23, Sec 3, DP 1835
Local
71
North Strathfield
House
64 Concord Road
Lots 2 and 3, DP 703453
Local
108
North Strathfield
Yaralla Cottages—houses and grounds
156–166 Concord Road
Lot 1, DP 115900
Local
109
North Strathfield
House and garden
176 Concord Road
Lot 15, DP 11808
Local
110
North Strathfield
St Stephen’s Presbyterian Church—plantings
182 Concord Road
Lots 14 and 15, Sec B, DP 6487
Local
111
North Strathfield
Commonwealth Bank Building
191 Concord Road
Lot 31, DP 223623
Local
112
North Strathfield
Strathfield North Public School—school and grounds
249 Concord Road
Lot 1, DP 117820; Lots 25–30, DP 6950
Local
113
North Strathfield
Street trees—landscape
Cumming Avenue
 
Local
164
North Strathfield
Shops
16–18 George Street
Lot 1, DP 1002876
Local
212
North Strathfield
Sub-station
40A George Street
Lot 1, DP 1629
Local
213
North Strathfield
Street trees—landscape
Napier Street
 
Local
357
North Strathfield
House
8 Nelson Road
Lot 41, Sec 2, DP 4668
Local
358
North Strathfield
House
13 Nelson Road
Lot 11, Sec 3, DP 4668
Local
359
North Strathfield
House
24 Nelson Road
Lot A, DP 411176
Local
360
North Strathfield
House “Sunnyside”
14 Princess Avenue
Lot 1, DP 937811
Local
387
North Strathfield
House
26 Princess Avenue
Lot 63, DP 1835
Local
388
North Strathfield
Street trees (adjacent to North Strathfield Railway Station)—landscape
Queen Street
Lot 101, DP 1002884
Local
397
North Strathfield
House
15 Queen Street
Lots 1 and 2, Sec 4, DP 1835
Local
396
North Strathfield
House
4 Shipley Avenue
Lot 5, Sec A, DP 5360
Local
412
North Strathfield
House
11 Sydney Street
Lots 45–47, DP 1835
Local
433
North Strathfield
House
23 Sydney Street
Lots 35–38, DP 1835
Local
434
North Strathfield
Pair of Victorian Gothic Villas
33–35 Sydney Street
Lots 25 and 26, DP 1835; Lot 3, DP 711388
Local
435
North Strathfield
House
10 Waratah Street
Lot 31, DP 5360
Local
483
Rhodes
Rhodes Railway Station—Platforms 2 and 3
Blaxland Road
 
State
25
Rhodes
House and garden
59 Blaxland Road
Lot 24, DP 5923
Local
26
Rhodes
Rhodes Public School
63 Blaxland Road
Lot 21, DP 5923; Lot 22, DP 5923
Local
27
Rhodes
Street trees—landscape
Cavell Avenue
 
Local
79
Rhodes
Concord Community Hostel—grounds only—landscape
4A Cavell Avenue
Lots 40 and 41, DP 5923
Local
76
Rhodes
Warehouse
14 Cavell Avenue
Lot 50, DP 747036
Local
77
Rhodes
House
35 Cavell Avenue
Lot 135, DP 6401
Local
78
Rhodes
King George V Park—landscape
Concord Road
Lots 14–17 and 25–28, DP 739491
Local
114
Rhodes
Ryde Bridge street trees (Ryde Bridge approach)—landscape
Concord Road
 
Local
116
Rhodes
Uhr’s Point Reserve—landscape
Concord Road
Lot 7051, DP 1059395
Local
117
Rhodes
McIlwaine Park—landscape
Concord Road (corner Blaxland Road and Mary Street)
Lot 502, DP 752023; Crown Lots 17–21 and 23, DP 792101; Lot 61, DP 668894; Lot 1, DP 724123; PTB, DP 399950; Lot 18, DP 527623; Lot 2, DP 530418
Local
115
Rhodes
Rhodes Industrial Park—grounds
410 Concord Road
Lot 12, DP 875656
Local
118
Rhodes
Street trees—landscape
Cropley Street
 
Local
158
Rhodes
House
6 Cropley Street
Lot B, DP 401497
Local
156
Rhodes
House “Cressbrooke”
19 Cropley Street
Lot 104, DP 6401
Local
157
Rhodes
Street trees—landscape
Llewellyn Street
 
Local
306
Rhodes
House
20 Llewellyn Street
Lot 79, DP 6401
Local
301
Rhodes
House “Kilcreggan”
23 Llewellyn Street
Lot 13, DP 522452
Local
302
Rhodes
House
37 Llewellyn Street
Lot 15, DP 6401
Local
303
Rhodes
House
71 Llewellyn Street
Lot 32, DP 6401
Local
304
Rhodes
House “Monaro” and garden
73 Llewellyn Street
Lot 33, DP 6401
Local
305
Rodd Point
Rodd Park and Family Vault
Henley Marine Drive
Lot 15068, DP 1603 (Crown); Part Lot 130, DP 61412
Local
245
Russell Lea
MWS and DB Pump House No 65
33B Byrne Avenue
Lots 17 and 18, DP 8867; Lot 101, DP 774790
Local
57
Russell Lea
House “Glenwood”
21 Lamrock Avenue
Lot 21, DP 14487
Local
280
Russell Lea
House
7 Luc Avenue
Lot 2, DP 509362
Local
309
Russell Lea
Service Station
313 Lyons Road
Lot 4, DP 14487
Local
319
Russell Lea
House
11 Mooculta Avenue
Lot 12, Sec F, DP 7156
Local
350
Strathfield
House
5 Leicester Avenue
Lot 1, DP 930791
Local
284
Strathfield
House
7 Leicester Avenue
Lot A, DP 320760
Local
285
Strathfield
Street trees—landscape
Manson Road
 
Local
342
Strathfield
House
10 Manson Road
Lot 10, DP 4386
Local
335
Strathfield
House
14 Manson Road
Lot 2, DP 323553
Local
336
Strathfield
House
16 Manson Road
Lot 1, DP 188326
Local
337
Strathfield
House and garden
18 Manson Road
Lot 2, DP 321309
Local
338
Strathfield
House
20 Manson Road
Lot 1, DP 321309
Local
339
Strathfield
House
22–24 Manson Road
Lots A and B, DP 406120
Local
340
Strathfield
House
30 Manson Road
Lot 25, DP 703454
Local
341
Strathfield
House
19 Swan Avenue
Lot 10, DP 5336
Local
426
Strathfield
House
20 Swan Avenue
Lot 39, DP 5336
Local
427
Strathfield
St Andrew’s Church—church
37 Swan Avenue
Lots 20–23, DP 5336; Lot 1, DP 1091154
Local
425
Strathfield
Milling Place—mature deodar, cedar trees (known Swan Avenue Reserve)
42P Swan Avenue
Lot 2, DP 868755
Local
428
Part 2 Heritage conservation areas
Description
Identification on heritage map
Significance
Bourketown Conservation Area
Shown by red hatching and labelled “A”
Local
Parklands Estate Conservation Area
Shown by red hatching and labelled “B”
Local
Drummoyne Park Conservation Area
Shown by red hatching and labelled “C”
Local
Drummoyne Avenue East Conservation Area
Shown by red hatching and labelled “D”
Local
Drummoyne Avenue West Conservation Area
Shown by red hatching and labelled “E”
Local
Victoria Road Retail Conservation Area
Shown by red hatching and labelled “F”
Local
Gears Avenue Conservation Area
Shown by red hatching and labelled “G”
Local
Hampden Road Conservation Area
Shown by red hatching and labelled “H”
Local
Thompson Street Conservation Area
Shown by red hatching and labelled “I”
Local
Gipps Street Conservation Area
Shown by red hatching and labelled “J”
Local
Marlborough and Tavistock Streets Conservation Area
Shown by red hatching and labelled “K”
Local
Birkenhead and Dawson Estates Conservation Area
Shown by red hatching and labelled “L”
Local
Mons Street and Boronia Avenue Conservation Area
Shown by red hatching and labelled “M”
Local
Moore Street Conservation Area
Shown by red hatching and labelled “N”
Local
Yaralla Estate Conservation Area
Shown by red hatching and labelled “O”
Local
Park Avenue Conservation Area
Shown by red hatching and labelled “Q”
Local
Lindfield Avenue Conservation Area
Shown by red hatching and labelled “R”
Local
Creewood Street Conservation Area
Shown by red hatching and labelled “S”
Local
Powell’s Estate Conservation Area
Shown by red hatching and labelled “T”
Local
Majors Bay Road Conservation Area
Shown by red hatching and labelled “U”
Local
sch 5: Am 2008 No 114, Sch 2.4.
Schedule 6 Transitional provisions for certain sites
(Clause 6.9)
Part 1 Development of certain land at Breakfast Point
1   Land to which this Part applies
This Part applies to the land that is former Lot 1, DP 716536, as shown on Sheet 4 of the Special Transitional Sites Map and identified as “B1”, “B2”, “B3” and “B4”.
2   Planning and development objectives for Breakfast Point
The objectives relating to the planning and development of the land to which this Part applies are as follows:
(a)  Access, traffic management and parking
(i)  to provide a hierarchy of roads and landscape elements to distinguish access points and different types of circulation through Breakfast Point, and
(ii)  to provide access to and through Breakfast Point that is safe and convenient for all users (for example, public transport, private vehicles, cyclists and pedestrians) and minimises adverse environmental amenity impacts, and
(iii)  to ensure public pedestrian and cycle access along the foreshore and between the foreshore and adjoining public areas such as Cabarita Park, and
(iv)  to provide convenient access for people with disabilities, and
(v)  to encourage the establishment of a suitable ferry wharf, and
(vi)  to encourage integrated public transport systems to service Breakfast Point and adjoining neighbourhoods, and
(vii)  to provide adequate vehicle and bicycle parking, in terms of demand and design, for employees, residents and visitors,
(b)  Built form and integration with adjoining development
(i)  to provide a variety of housing types and forms having regard to the needs of the community, and
(ii)  to encourage buildings that physically address the public domain and particularly the street, and
(iii)  to promote the integration of heritage buildings and items with new buildings and open space, and
(iv)  to position low-rise buildings next to existing residential areas and provide a gradation of higher buildings towards the centre of Breakfast Point so that impacts of higher buildings on existing residential areas are contained, and
(v)  to ensure the creation, retention and enhancement of significant vistas to and from Breakfast Point and, in particular, to and from the Parramatta River, and
(vi)  to provide development that responds to the topography of Breakfast Point and incorporates the natural and man-made landscape features, and
(vii)  to use appropriate separation between buildings as a means of providing acoustic and visual privacy, and
(viii)  to recognise the unique characteristics and development objectives of the different precincts into which Breakfast Point is divided.
In general, these precincts and their respective characteristics and development objectives are as follows:
Precinct B1 generally comprises the southern part of Breakfast Point, adjoining existing residential areas in Brays Road and Bishop and Medora Streets. Its objective is to provide low-rise residential development that is of a scale, style and character sympathetic to existing residential development in the locality, without imitating that development.
Precinct B2 generally comprises the northern part of Breakfast Point fronting the Parramatta River. Its objectives are:
•  to integrate future development with heritage items remaining in this precinct, and
•  to encourage development that takes advantage of views and view corridors to and from the Parramatta River, and
•  to provide supporting land uses around any ferry wharf, and
•  to integrate other development with the public access and landscaped open space provided along the foreshore.
Precinct B3 generally comprises the central part of Breakfast Point. Its objectives are:
•  to encourage taller forms of development where adverse impacts on existing adjoining residential areas are less likely to occur and where views of the Parramatta River and beyond can be achieved, and
•  to integrate new development with heritage items.
Precinct B4 generally comprises the western part of Breakfast Point, adjoining Tennyson Road and Emily Street. Its objectives are:
•  to integrate future development with heritage items remaining in this precinct, and
•  to encourage the location of non-residential uses in this precinct as well as residential uses.
(c)  Ecologically sustainable development
to ensure ecologically sustainable development as a means of meeting the needs of the present without compromising the ability of future generations to meet their own needs,
(d)  Environmental amenity issues
to provide development that addresses environmental amenity issues (both on the land to which this Part applies and in surrounding residential areas) such as noise levels, traffic generation, overshadowing, privacy, visual amenity and ecological sustainability,
(e)  Heritage
(i)  to conserve and enhance the environmental heritage of the local government area of the City of Canada Bay, and
(ii)  to integrate heritage items with new development on Breakfast Point, and
(iii)  to incorporate in the pattern of uses of Breakfast Point a recognition of the former history of Breakfast Point by encouraging the adaptive re-use of heritage items through adaptation and modification, and the incorporation, if appropriate, of industrial artefacts,
(f)  Land use and density
(i)  to promote a mix of land uses in a coordinated way combining business and employment opportunities in the area and opportunities for people to live and work in an urban village environment, and
(ii)  to provide development on Breakfast Point for primarily residential uses, including a proportion of housing designed for the aged, persons with disabilities and those on a low income, and
(iii)  to limit the scale and adverse impacts of non-residential uses and minimise their adverse impacts on residential areas, and
(iv)  to encourage retailing and community uses that serve the local community,
(g)  Landscaping
(i)  to use landscaping as a means of enhancing the quality of the built environment and the perception of public accessibility of streetscapes and public spaces, and
(ii)  to apply ecologically sustainable development principles as a part of the landscape design, and the on-going maintenance of landscaped areas, and
(iii)  to include native flora species in landscaping for its scenic and habitat values, such plantings being of suitable maturity and species, and
(iv)  to use landscaping as a means of providing acoustic and visual privacy by encouraging such devices as appropriate walls, screen planting and level changes,
(h)  Planning and development
to ensure a holistic planning approach for the whole of Breakfast Point,
(i)  Public domain and open space
(i)  to provide development that enhances and complements an attractive and functional public domain, and
(ii)  to provide development of open space for passive and active recreational use by residents, employees and the public, and
(iii)  to provide public open space and ensure public access along the foreshore and linking to Cabarita Park and provide open space linkages throughout the site.
(iv)  to provide view opportunities to and from the Parramatta River by means of the open space design, and
(v)  to provide a hierarchy of open space areas of different sizes and functions that are interspersed throughout Breakfast Point.
3   Restrictions on development
(1)  The consent authority must not grant consent for development of the land to which this Part applies unless it is satisfied that a minimum of 2 primary vehicular access points to the land to which this Part applies will be or have been provided, one of which must be on the southern side of the land to which this Part applies and one of which must be on the western side of that land.
(2)  The consent authority must not grant consent to a development application relating to the land to which this Part applies unless it is satisfied that the proposed development is designed to have regard to such of the objectives relating to that land as are relevant to the proposed development.
(3)  The consent authority may, for the purpose of complying with subclause (2), consider the location of the boundaries between precincts to be approximate, but not to the extent that one or more precincts are extinguished and not to the extent that the objectives for each precinct cannot be met.
(4)  Despite Part 2 of this Plan, a person may, with the consent of consent authority, on the part of the land to which this Part applies that is defined as foreshore public open space, carry out development for the purpose of boatsheds, seawalls, slipways, jetties, wharves, waterway access stairs or swimming pools, or for the purpose of open space, landscaping, picnic facilities, cycleways or walking trails, accessible by the public, or carry out development that is, in the opinion of the consent authority, required by and ancillary to development elsewhere.
(5)  The consent authority must not grant consent to a development application relating to either:
(a)  any part of the land to which this Part applies which adjoins that part of the land to which this Part applies that is defined as foreshore public open space, or
(b)  the foreshore public open space,
unless the consent authority is satisfied that the proposed development is so designed as to have regard to the function of the foreshore public open space, and adequate access to and from the foreshore public open space and other public space (if any) on the remainder of the land to which this Part applies will be or has been provided.
(6)  The consent authority may only grant consent to development of the land to which this Part applies for the purpose of:
(a)  landscaping, or
(b)  remediation, or
(c)  demolition of buildings other than heritage items, or
(d)  development that is, in the opinion of the consent authority, of a minor nature, if it has had regard to a plan identifying numerically and graphically the Containment Cell Area or Areas that are to be constructed on the land to which this Part applies.
4   Carrying out works
A person must not, on the land to which this Part applies:
(a)  disturb or excavate any land for any purpose, or
(b)  carry out any land filling, or
(c)  clear trees or other vegetation from the land to which this Part applies, or
(d)  alter the landscape or carry out any landscaping,
without the consent of the consent authority, otherwise than in cases of emergency, or for the purpose of repairing, maintaining or carrying out minor alterations to existing buildings, works or landscaping.
5   Development standards
(1)  Despite any other provision of this Plan (but subject to compliance with the Floor Space Ratio Map), a person may, with the consent of the consent authority, carry out development for the purpose of non-residential land uses on the land to which this Part applies, but only if:
(a)  the total gross floor area of all buildings comprising the development does not exceed 15% of the total floor area permissible under the Floor Space Ratio Map for the land to which this Part applies, and
(b)  the location of the development is considered suitable by the consent authority, having regard to the existing and likely future surrounding residential amenity and existing and likely future road and public transport access, and
(c)  not more than 10,000m2 of gross floor area will be used on the land to which this Part applies for the purpose of business premises and retail premises (whether or not in the same building).
(2)  The maximum number of dwellings that may be erected on the land to which this Part applies is 40 dwellings per hectare.
(3)  The consent authority must not grant consent for development for the purpose of non-residential buildings or land uses unless it is satisfied the traffic impacts on the road network will be equivalent to or less than the traffic impacts on the road network that would be generated by the maximum number of dwellings allowed by subclause (2) in the absence of any additional development.
(4)  In this clause:
road network means the road network external to the land to which this Part applies.
6   Definitions
In this Part:
Containment Cell Area means the part of the land to which this Part applies in which there is, or is required by a condition of development consent to be, constructed a containment cell for contaminated fill.
foreshore public open space means that part of the land to which this Part applies shown on Sheets 2 and 4 of the Special Transitional Sites Map and identified as “B5”, and that has a width of 15m, measured from the top of the sea wall fronting Parramatta River after remediation of that part of the land to which this Part applies has been completed.
Precinct means a part of the land to which this Part applies that is shown on Sheets 2 and 4 of the Special Transitional Sites Map and identified as “B1”, “B2”, “B3” and “B4”.
Part 2 Development on certain land in North Strathfield
7   Land to which this Part applies
This Part applies to land in North Strathfield as shown on Sheet 3 of the Special Transitional Sites Map and identified as “A”.
8   Consent for development on the land may only be granted in certain circumstances
The consent authority must not grant consent to development on land to which this Part applies unless it is satisfied that:
(a)  the proposed development is consistent with, and enables achievement of, an overall integrated design for the land in relation to the following:
(i)  building height, siting, arrangements and finishes,
(ii)  landscaping,
(iii)  open space,
(iv)  pedestrian movement,
(v)  car parking,
(vi)  road access,
(vii)  public transport access,
(viii)  local and subregional traffic management,
(ix)  drainage,
(x)  environmental sustainability,
(xi)  arrangement of land uses, and
(b)  the proposed development will not have any significant adverse effect on the amenity of the site and the operation of the adjacent Main Northern Railway Line during the construction of any buildings or works or their operation.
9   Restriction on granting consent for large floor areas
The consent authority must not grant consent to development on Lot 1, DP 829703 and Part Lot 1, DP 1002876, George Street, North Strathfield if granting the consent would result in:
(a)  more than 6,000m2 of gross floor area being used for the purposes of retail premises (excluding restaurants), or
(b)  more than 3,500m2 of gross floor area being used for the purposes of a supermarket.
Part 3 Development of the former Sydney Wire Mill site
10   Land to which this Part applies
This Part applies to the land comprising the property known as the Sydney Wire Mill site, Blackwall Point Road, Chiswick, as shown on Sheet 4 of the Special Transitional Sites Map and identified as “C”.
11   Sizes applying to certain development on the site
Despite any other provision of this Plan, development may be carried out on land to which this Part applies, with the consent of the consent authority, for the purpose of neighbourhood shops, food and drink premises and office premises, but only if:
(a)  the total floor space occupied by those uses does not exceed 1,200m2, and
(b)  no single use occupies more than 300m2 or, in the case of office premises, 400m2.
Part 4 Development of land at 27 George Street, North Strathfield
12   Land to which this Part applies
This Part applies to Lot 1, DP 942153 and Lot 1, DP 936751, being No 27 George Street, North Strathfield.
13   Minimum gross floor area for business or retail premises
A minimum of 10% of the gross floor area of the land to which this Part applies must be used for either business premises or retail premises (other than function centres, pubs, registered clubs, service stations, sex service premises, timber and building supplies and vehicle sales or hire premises).
14   Minimum residential floor space for certain housing
A minimum of 10% of the residential floor space of the land to which this Part applies must be developed for seniors housing.
Part 5 Development of land in Zone B6 Enterprise Corridor
15   Land to which this Part applies
This Part applies to land in Zone B6 Enterprise Corridor.
16   Objectives of this Part
The objectives of this Part are as follows:
(a)  to ensure a high level of acoustic privacy is given to residents who live in the vicinity of Parramatta Road,
(b)  to ensure that apartments with a frontage to Parramatta Road are designed to give direct access to natural ventilation,
(c)  to improve the amenity of developments through the retention or planting of large and medium size trees.
17   Setback from Parramatta Road
The consent authority must not grant consent to residential accommodation on land to which this Part applies unless it is set back a minimum of 20m from the boundary of the land next to Parramatta Road.
Dictionary
(Clause 1.4)
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (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 sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Acid Sulfate Soils Map means the Canada Bay Local Environmental Plan 2008 Acid Sulfate Soils Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following:
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing:
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
attached dwelling means a building containing 3 or more dwellings, where:
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that:
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity means biological diversity.
biological diversity has the same meaning as in the Threatened Species Conservation Act 1995.
Note—
The term is defined as follows:
biological diversity means the diversity of life and is made up of the following 3 components:
(a)  genetic diversity—the variety of genes (or units of heredity) in any population,
(b)  species diversity—the variety of species,
(c)  ecosystem diversity—the variety of communities or ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that:
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:
(a)  a large area for handling, display or storage, and
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
Note—
Bulky goods premises are a type of retail premises—see the definition of that term in this Dictionary.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows:
bush fire hazard reduction work means:
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign:
(a)  that indicates:
(i)  the name of the person or business, and
(ii)  the nature of 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 contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which:
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either:
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
child care centre means a building or place used for the supervision and care of children that:
(a)  provides long day care, pre-school care, occasional child care or out-of-school-hours care, and
(b)  does not provide overnight accommodation for children other than those related to the owner or operator of the centre,
but does not include:
(c)  a building or place used for home-based child care, or
(d)  an out-of-home care service provided by an agency or organisation accredited by the Children’s Guardian, or
(e)  a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or
(g)  a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or
(h)  a service that is concerned primarily with the provision of:
(i)  lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or
(ii)  private tutoring, or
(i)  a school, or
(j)  a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows:
classified road means any of the following:
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
clearing native vegetation means any one or more of the following:
(a)  cutting down, felling, thinning, logging or removing native vegetation,
(b)  killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
coastal foreshore means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform.
coastal hazard has the same meaning as in the Coastal Protection Act 1979.
coastal lake means a body of water specified in Schedule 1 to State Environmental Planning Policy No 71—Coastal Protection.
coastal protection works has the same meaning as in the Coastal Protection Act 1979.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Protection Act 1979.
Note—
The term is defined as follows:
coastal zone means:
(a)  the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and
(b)  the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and
(c)  the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).
The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.
commercial premises means any of the following:
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place:
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means:
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Canada Bay City Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
Crown reserve means:
(a)  a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b)  a common within the meaning of the Commons Management Act 1989, or
(c)  lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,
but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that:
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being:
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of making or generating electricity.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following:
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows:
estuary means:
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following:
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock for commercial purposes,
(c)  bee keeping,
(d)  a dairy (pasture-based).
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery.
Note—
Feedlots are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include:
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows:
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes:
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Canada Bay Local Environmental Plan 2008 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
foreshore area means the land between the foreshore building line and the mean high water mark of the nearest bay or river.
foreshore building line means the line shown the foreshore building line on the Foreshore Building Line Map.
Foreshore Building Line Map means the Canada Bay Local Environmental Plan 2008 Foreshore Building Line Map.
forestry has the same meaning as forestry operations has for the purposes of Part 5A of the Forestry Act 2012.
Note—
The term is defined as follows:
forestry operations means:
(a)  logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or
(b)  the harvesting of forest products, or
(c)  on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning and other silvicultural activities such as bee-keeping, grazing and bush fire hazard reduction, or
(d)  ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following:
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes:
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement:
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality:
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following:
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following:
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes:
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Canada Bay Local Environmental Plan 2008 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes:
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance:
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Division of the Government Service responsible to the Minister administering the Heritage Act 1977 that documents 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.
heritage impact statement means a document consisting of:
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means:
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Canada Bay Local Environmental Plan 2008 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following:
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:
(a)  the service is licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,
(b)  the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of more than 2 persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:
(a)  the employment of more than 2 persons other than those residents,
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
(d)  the exhibition of any signage (other than a business identification sign),
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling 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 ancillary facilities for (or that consist of) any of the following:
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take-away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which:
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that:
(a)  is used in conjunction with an industry or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following:
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include:
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following:
(a)  dairies (restricted),
(b)  feedlots,
(c)  piggeries,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following:
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Canada Bay Local Environmental Plan 2008 Land Application Map.
Land Reservation Acquisition Map means the Canada Bay Local Environmental Plan 2008 Land Reservation Acquisition Map.
Land Zoning Map means the Canada Bay Local Environmental Plan 2008 Land Zoning Map.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:
(a)  high technology industry,
(b)  home industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
Lot Size Map means the Canada Bay Local Environmental Plan 2008 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities:
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes:
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
moveable dwelling means:
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
Meaning of “native vegetation”
(1)  
Native vegetation means any of the following types of indigenous vegetation:
(a)  trees (including any sapling or shrub, or any scrub),
(b)  understorey plants,
(c)  groundcover (being any type of herbaceous vegetation),
(d)  plants occurring in a wetland.
(2)  
Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.
(3)  
Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that:
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
NSW Coastal Policy means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, published by the Government.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means:
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
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.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan has the same meaning as in the Native Vegetation Act 2003.
Note—
The term is defined as follows:
property vegetation plan means a property vegetation plan that has been approved under Part 4 of the Native Vegetation Act 2003.
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
public land means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a)  a public road, or
(b)  land to which the Crown Lands Act 1989 applies, or
(c)  a common, or
(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)  a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes:
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows:
relic means any deposit, artefact, object or material evidence that:
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes:
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;
(a)  bulky goods premises,
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
Rhodes West Precinct means the area of land identified as “Rhodes West Precinct” on the Rhodes West Precinct Map.
Rhodes West Precinct Map means the Canada Bay Local Environmental Plan 2008 Rhodes West Precinct Map.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following:
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
secondary dwelling means a self-contained dwelling that:
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is:
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for:
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following:
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
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 any of the following:
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage:
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
Special Transitional Sites Map means the Canada Bay Local Environmental Plan 2008 Special Transitional Sites Map.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows:
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
telecommunications facility means:
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows:
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include:
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means:
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following:
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated:
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following:
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means:
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf (or any of the following facilities associated with a wharf or boating) that are not port facilities:
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2011 (197), Sch 1 [9].