Table Of Contents

Marrickville Local Environmental Plan 2011

Part 1 Preliminary
1.1   Name of Plan
This Plan is Marrickville Local Environmental Plan 2011.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in that part of Inner West local government area to which this Plan applies (in this Plan referred to as Marrickville) in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2)  The particular aims of this Plan are as follows—
(aa)  to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a)  to support the efficient use of land, vitalisation of centres, integration of transport and land use and an appropriate mix of uses,
(b)  to increase residential and employment densities in appropriate locations near public transport while protecting residential amenity,
(c)  to protect existing industrial land and facilitate new business and employment,
(d)  to promote sustainable transport, reduce car use and increase use of public transport, walking and cycling,
(e)  to promote accessible and diverse housing types including the provision and retention of affordable housing,
(f)  to ensure development applies the principles of ecologically sustainable development,
(g)  to identify and conserve the environmental and cultural heritage of Marrickville,
(h)  to promote a high standard of design in the private and public domain.
cl 1.2: Am 2017 (222), Sch 1 [1].
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
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 local plan-making authority 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 local plan-making authority when the instruments are made.
(1AA)    (Repealed)
(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 NSW Planning Portal. 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 Environment.
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.
Note—
The following local environmental plans are repealed under this provision—
(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.
1.8A   Savings provision relating to development applications
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 not commenced.
Note—
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1].
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 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
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 relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, 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 Subdivision 2 of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
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
B2 Local Centre
B4 Mixed Use
B5 Business Development
B6 Enterprise Corridor
B7 Business Park
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
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 (which 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.
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 which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant 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.
2.7   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 52 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—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including 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 2013 (619), Sch 1 [1] [2]; 2015 (682), Sch 1 [1]–[3]; 2016 (167), Sch 1 [2]; 2017 (268), cl 4; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2020 (722), Sch 1[1]–[31]; 2022 (314), Sch 1.
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 occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Landscaping material supplies; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Passenger transport facilities; Plant nurseries; Pubs; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Retail premises; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
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.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Health consulting rooms; Home industries; Hostels; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Landscaping material supplies; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Office premises; Open cut mining; Passenger transport facilities; Plant nurseries; Port facilities; Pubs; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Retail premises; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Shop top housing; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
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 provide for retail premises in existing buildings designed and constructed for commercial purposes.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Home industries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Landscaping material supplies; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Passenger transport facilities; Plant nurseries; Port facilities; Pubs; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Retail premises; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Sewerage systems; Sex services premises; Shop top housing; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
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.
•  To provide for well connected neighbourhoods that support the use of public transport, walking and cycling.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
4   Prohibited
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Garden centres; Hardware and building supplies; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Landscaping material supplies; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining; Passenger transport facilities; Plant nurseries; Port facilities; Pubs; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Retail premises; Rural industries; Rural supplies; Service stations; Sewerage systems; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
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.
•  To provide for housing attached to permissible non-residential uses in development of a type and scale compatible with the surrounding neighbourhood.
•  To provide for spaces, at street level, which are of a size and configuration suitable for land uses which generate active street-fronts.
•  To enable a purpose built dwelling house to be used in certain circumstances as a dwelling house.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Boarding houses; Business premises; Car parks; Centre-based child care facilities; Community facilities; Dwelling houses; Food and drink premises; Garden centres; Health services facilities; Hostels; Kiosks; Markets; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Shop top housing; Shops; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Pond-based aquaculture Port facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Retail premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To provide housing attached to permissible non-residential uses which is of a type and scale commensurate with the accessibility and function of the centre or area.
•  To provide for spaces, at street level, which are of a size and configuration suitable for land uses which generate active street-fronts.
•  To constrain parking and reduce car use.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hostels; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Port facilities; Recreation facilities (major); Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
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.
•  To support the renewal of specific areas by providing for a broad range of services and employment uses in development which display good design.
•  To promote commercial uses by limiting housing.
•  To constrain parking and restrict car use.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Group homes; Hostels; Hotel or motel accommodation; Information and education facilities; Light industries; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Port facilities; Recreation facilities (major); Residential accommodation; Rural industries; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
Zone B5   Business Development
1   Objectives of zone
•  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
•  To support urban renewal and a pattern of land use and density that reflects the existing and future capacity of the transport network.
2   Permitted without consent
Home occupations
3   Permitted with consent
Centre-based child care facilities; Food and drink premises; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Markets; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Serviced apartments; Specialised retail premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Port facilities; Recreation facilities (major); Residential accommodation; Retail premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
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.
2   Permitted without consent
Home occupations
3   Permitted with consent
Business premises; Community facilities; Food and drink premises; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Landscaping material supplies; Light industries; Markets; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Roads; Self-storage units; Serviced apartments; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Correctional centres; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Helipads; Highway service centres; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Port facilities; Recreation facilities (major); Residential accommodation; Respite day care centres; Restricted premises; Retail premises; Rural industries; Sewerage systems; Storage premises; Tourist and visitor accommodation; Waste or resource management facilities; Water recreation structures; Water supply systems
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 provide for limited residential development in conjunction with permissible active ground floor uses.
•  To provide business and office premises for the purposes of certain art, technology, production and design sectors.
2   Permitted without consent
Home occupations
3   Permitted with consent
Centre-based child care facilities; Garden centres; Hardware and building supplies; Intensive plant agriculture; Kiosks; Landscaping and material supplies; Light industries; Markets; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Residential flat buildings; Respite day care centres; Roads; Take away food and drink premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Restricted premises; Retail premises; Rural industries; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Truck depots; Turf farming; Vehicle body repair workshops; Waste or resource management facilities; Water recreation structures; Water supply systems; Wholesale supplies
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 protect industrial land in proximity to Sydney Airport and Port Botany.
2   Permitted without consent
Home occupations
3   Permitted with consent
Agricultural produce industries; Depots; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Intensive plant agriculture; Kiosks; Light industries; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Take away food and drink premises; Tank-based aquaculture; Timber yards; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Offensive industries; Open cut mining; Passenger transport facilities; Pond-based aquaculture Port facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems; Wholesale supplies
Zone IN2   Light Industrial
1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
•  To provide business and office premises for the purposes of certain art, technology, production and design sectors.
2   Permitted without consent
Home occupations
3   Permitted with consent
Depots; Garden centres; Hardware and building supplies; Hospitals; Industrial training facilities; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Roads; Sewage reticulation systems; Take away food and drink premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Passenger transport facilities; Pond-based aquaculture Port facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Restricted premises; Retail premises; Rural industries; Sewerage systems; Tourist and visitor accommodation; Vehicle body repair workshops; Waste or resource management facilities; Water recreation structures; Water supply systems; Wholesale supplies
Zone SP1   Special Activities
1   Objectives of zone
•  To provide for special land uses that are not provided for in other zones.
•  To provide for sites with special natural characteristics that are not provided for in other zones.
•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
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.
•  To protect and provide for land used for community purposes.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
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 provide for a range of community facilities, services and compatible land uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Building identification signs; Community facilities; Electricity generating works; Emergency services facilities; Environmental facilities; Food and drink premises; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Roads; Water recreation structures; Water storage facilities
4   Prohibited
Pubs; Any other 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.
•  To provide for a range of community facilities, services and compatible land uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Funeral homes; Information and education facilities; Kiosks; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Veterinary hospitals; Water storage facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone W1   Natural Waterways
1   Objectives of zone
•  To protect the ecological and scenic values of natural waterways.
•  To prevent development that would have an adverse effect on the natural values of waterways in this zone.
•  To provide for sustainable fishing industries and recreational fishing.
•  To enable scientific study of the natural environment.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture Boat launching ramps; Boat sheds; Environmental facilities; Flood mitigation works; Jetties; Marinas; Mooring pens; Moorings; Roads; Water recreation structures
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W2   Recreational Waterways
1   Objectives of zone
•  To protect the ecological, scenic and recreation values of recreational waterways.
•  To allow for water-based recreation and related uses.
•  To provide for sustainable fishing industries and recreational fishing.
•  To provide for development that supports or does not undermine restoration of the waterway and its foreshores.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Environmental facilities; Flood mitigation works; Jetties; Kiosks; Marinas; Recreation areas; Roads; Water recreation structures
4   Prohibited
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(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.
(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, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(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.
(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,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(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 Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
[Not adopted]
4.1AA   Minimum subdivision lot size for community title schemes
[Not applicable]
4.2   Rural subdivision
[Not applicable]
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to establish the maximum height of buildings,
(b)  to ensure building height is consistent with the desired future character of an area,
(c)  to ensure buildings and public areas continue to receive satisfactory exposure to the sky and sunlight,
(d)  to nominate heights that will provide an appropriate transition in built form and land use intensity.
(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.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to establish the maximum floor space ratio,
(b)  to control building density and bulk in relation to the site area in order to achieve the desired future character for different areas,
(c)  to minimise adverse environmental impacts on adjoining properties and the public domain.
(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)  Despite subclause (2), development for the purposes of attached dwellings, bed and breakfast accommodation, dwelling houses and semi-detached dwellings on land labelled “F” on the Floor Space Ratio Map is not to exceed the relevant floor space ratio determined in accordance with the Table to this subclause.
Site area
Maximum floor space ratio
≤ 150 square metres
1.1:1
> 150 ≤ 200 square metres
1:1
> 200 ≤ 250 square metres
0.9:1
> 250 ≤ 300 square metres
0.8:1
> 300 ≤ 350 square metres
0.7:1
> 350 square metres
0.6:1
(2B)  Despite subclause (2), development for the purposes of residential flat buildings on land identified with a thick red line and labelled “F” on the Floor Space Ratio Map may exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map by no more than 0.25:1.
(2C)  Despite subclause (2), in calculating the floor space ratio in respect of land dedicated to the Council for the purpose of a proposed road on the Land Reservation Acquisition Map, land marked “Local Road (SP2)” is to be included in the site area.
cl 4.4: Am 2013 (619), Sch 1 [3]; 2020 (722), Sch 1[32] [33].
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 Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning Secretary 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 Planning Secretary 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 C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 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,
(caa)  clause 5.5,
(ca)  clause 6.9, 6.17 or 6.18,
(cb)  clause 6.21(4).
cl 4.6: Am 2017 (683), Sch 1 [1]; 2020 (268), Sch 1[1]; 2020 (722), Sch 1[34].
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 3.15 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 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone SP2 Infrastructure and marked “Local road”
Council
Zone SP2 Infrastructure and marked “Carpark”
Council
Zone SP2 Infrastructure and marked “Drainage”
Sydney Water Corporation
Note—
When this Plan was made it did not include Zone E1 National Parks and Nature Reserves.
(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.
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the table to this clause that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that table.
Column 1
Column 2
Land
Development
Zone RE1 Public Recreation and marked “Local open space”
Recreation areas
Zone SP2 Infrastructure and marked “Classified road”
Roads
Zone SP2 Infrastructure and marked “Local Road”
Roads
Zone SP2 Infrastructure and marked “Car park”
Car park
Zone SP2 Infrastructure and marked “Drainage”
Drainage
cl 5.1A: Ins 2020 (722), Sch 1[35].
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 and certain Crown land). 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 Land Management Act 2016).
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 C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 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.
(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.
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 30 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)  11% 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 100 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 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 on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, 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)  35% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  11% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.90 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
5.6   Architectural roof features
[Not adopted]
cl 5.6: Subst 2015 (682), Sch 1 [4].
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   Dwelling house or secondary dwelling affected by natural disaster
[Not adopted]
5.9AA   (Repealed)
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 Marrickville,
(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 (Transport and Infrastructure) 2021, Chapter 2.
(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]
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or conservation zones
[Not applicable]
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
[Not applicable]
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of—
(i)  pond-based aquaculture in Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause—
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
5.20   Standards that cannot be used to refuse consent—playing and performing music
(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a)  the playing or performance of music, including the following—
(i)  the genre of music played or performed, or
(ii)  whether the music played or performed is live or amplified, or
(iii)  whether the music played or performed is original music, or
(iv)  the number of musicians or live entertainment acts playing or performing, or
(v)  the type of instruments played,
(b)  whether dancing occurs,
(c)  the presence or use of a dance floor or another area ordinarily used for dancing,
(d)  the direction in which a stage for players or performers faces,
(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.
(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3)  In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.
5.21   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3)  In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4)  A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5)  In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual(ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
5.22   Special flood considerations
[Not adopted]
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.
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 and 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 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.
(4)  Despite subclause (2), 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 is not required 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)  Despite subclause (2), 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 maintenance 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)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less 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), foundations or flood mitigation works, or
(b)  the works are not likely to lower the watertable.
6.2   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.
6.3   (Repealed)
cl 6.3: Am 2015 (682), Sch 1 [5]. Rep 2021 (225), Sch 1.
6.4   Terrestrial biodiversity
(1)  The objective of this clause is to maintain terrestrial biodiversity by—
(a)  protecting native fauna and flora, and
(b)  protecting the ecological processes necessary for their continued existence, and
(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.
(2)  This clause applies to land identified as “Biodiversity” on the Natural Resource—Biodiversity Map.
(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development—
(a)  is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and
(b)  is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and
(c)  has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and
(d)  is likely to have any adverse impact on the habitat elements providing connectivity on the land.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
6.5   Development in areas subject to aircraft noise
(1)  The objectives of this clause are as follows—
(a)  to prevent certain noise sensitive developments from being located near the Kingsford Smith Airport and its flight paths,
(b)  to assist in minimising the impact of aircraft noise from that airport and its flight paths by requiring appropriate noise attenuation measures in noise sensitive buildings,
(c)  to ensure that land use and development in the vicinity of that airport do not hinder or have any other adverse impacts on the ongoing, safe and efficient operation of that airport.
(2)  This clause applies to development—
(a)  that is on land that is near the Kingsford Smith Airport and in an ANEF contour of 20 or greater, and
(b)  that the consent authority considers is likely to be adversely affected by aircraft noise, and
(c)  that involves any one or more of the following—
(i)  the erection of a new building,
(ii)  a substantial alteration or addition to an existing building,
(iii)  an alteration or addition to a building that is required by a development consent to be compliant with AS 2021:2015,
(iv)  the change of use of any part of a building to a centre-based child care facility, educational establishment, entertainment facility, health services facility, place of public worship, public administration building or residential accommodation,
(v)  the change of use of any part of a building on land that is in an ANEF contour of 25 or greater to business premises, a hostel, office premises, retail premises or tourist and visitor accommodation,
(vi)  the change of use of any part of a building on land that is in an ANEF contour of 30 or greater to light industry.
(3)  Before determining a development application for development to which this clause applies, the consent authority—
(a)  must consider whether the development will result in the creation of a new dwelling, or an increase in the number of dwellings or people affected by aircraft noise, and
(b)  must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021:2015, and
(c)  must be satisfied the development will meet the indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for Determination of Aircraft Noise Reduction) in AS 2021:2015.
(4)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour Map for the Kingsford Smith Airport prepared by the Department of the Commonwealth responsible for airports.
AS 2021:2015 means AS 2021:2015, Acoustics—Aircraft noise intrusion—Building siting and construction.
cl 6.5: Am 2015 (682), Sch 1 [6] [7]; 2017 (222), Sch 1 [2]; 2017 (493), Sch 1.2 [1].
6.6   Airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Kingsford Smith Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2)  If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3)  The consent authority may grant development consent for the development if the relevant Commonwealth body advises that—
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4)  The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5)  In this clause—
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Kingsford Smith Airport.
relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Kingsford Smith Airport.
6.7   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)  Development consent must not be granted for development on land in the foreshore area except for the following purposes—
(a)  the extension, alteration, or rebuilding of an existing building wholly or partly in the foreshore area,
(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)  boat sheds, retaining walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other recreation facilities (outdoors).
(3)  Development consent must not be granted under subclause (2) 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, and
(g)  in the case of development for the alteration or rebuilding of an existing building wholly or partly in the foreshore area, the alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore, and
(h)  sea level rise or change of flooding patterns as a result of climate change have been considered.
6.8   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.
6.9   Converting industrial or warehouse buildings to multi dwelling housing, office premises or residential flat buildings in residential zones
(1)  The objective of this clause is to permit multi dwelling housing, office premises and residential flat buildings in residential zones where they are part of an adaptive reuse of existing industrial buildings or warehouse buildings.
(2)  This clause applies to land in the following zones—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential,
(d)  Zone R4 High Density Residential.
(3)  Development consent must not be granted to development for the purpose of office premises on land to which this clause applies unless the development relates to a building that was designed and lawfully erected for an industrial or warehouse purpose, and was erected before the commencement of this Plan.
(3A)  Development consent must not be granted to development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential for the following purposes unless the development relates to a building that was designed and lawfully erected for an industrial or warehouse purpose, and was erected before the commencement of this Plan—
(a)  if the building is on land in Zone R2 Low Density Residential—multi dwelling housing,
(b)  if the building is on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—a residential flat building.
(3B)  In determining whether to grant development consent under this clause, the consent authority must consider the following—
(a)  the impact of the development on the scale and streetscape of the surrounding locality,
(b)  the suitability of the building for adaptive reuse,
(c)  the degree of modification of the footprint and facade of the building.
(4)  Despite clause 4.3(2) or 4.4, development carried out under this clause is not subject to any height or floor space ratio limits shown for the land on the Height of Buildings Map or the Floor Space Ratio Map.
cl 6.9: Am 2013 (619), Sch 1 [4] [5]; 2020 (722), Sch 1[36].
6.10   Use of existing non-residential buildings in residential zones
(1)  The objective of this clause is to permit office premises, shops, restaurants or cafes or take away food and drink premises in residential zones where the development relates to the reuse of an existing building that was designed and constructed as a shop.
(2)  This clause applies to land in the following zones—
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential,
(d)  Zone R4 High Density Residential.
(2A)  This clause applies to the use of an existing building that the consent authority is satisfied was designed and constructed as a shop.
(3)  Development consent must not be granted to development for the purpose of office premises, shops, restaurants or cafes or take away food and drink premises on land to which this clause applies unless—
(a)  the development relates to a building that was designed and constructed for the purpose of a shop and was erected before the commencement of this Plan, and
(b)  the consent authority has considered the following—
(i)  the impact of the development on the amenity of the surrounding locality,
(ii)  the suitability of the building for adaptive reuse,
(iii)  the degree of modification of the footprint and facade of the building.
cl 6.10: Am 2015 (682), Sch 1 [8] [9].
6.11   Use of dwelling houses in business and industrial zones
(1)  The objective of this clause is to provide for the use of purpose built dwelling houses in business and industrial zones, for residential purposes, under particular circumstances.
(2)  This clause applies to land in the following zones—
(a)  Zone B1 Neighbourhood Centre,
(b)  Zone B4 Mixed Use,
(c)  Zone B5 Business Development,
(d)  Zone B6 Enterprise Corridor,
(e)  Zone B7 Business Park,
(f)  Zone IN1 General Industrial,
(g)  Zone IN2 Light Industrial.
(3)  Development consent must not be granted to development for the purpose of a dwelling house on land to which this clause applies unless—
(a)  the development relates to a building that was designed and constructed for the purpose of a dwelling house and was erected before the commencement of this Plan, and
(b)  the building will offer satisfactory residential amenity.
cl 6.11: Am 2013 (619), Sch 1 [6].
6.12   Business and office premises in certain zones
(1)  The objective of this clause is to promote certain types of business and office premises in Zone IN2 Light Industrial and Zone B7 Business Park.
(2)  This clause applies to land in the following zones—
(a)  Zone IN2 Light Industrial,
(b)  Zone B7 Business Park.
(3)  Development consent must not be granted to development for the purpose of business premises or office premises on land to which this clause applies unless the consent authority is satisfied that the development will be used for a creative purpose such as media, advertising, fine arts and craft, design, film and television, music, publishing, performing arts, cultural heritage institutions or other related purposes.
6.13   Dwellings and residential flat buildings in Zone B7 Business Park
(1)  The objective of this clause is to provide for limited residential development in association with non-residential uses permitted in Zone B7 Business Park, including small scale live-work enterprises, to assist in the revitalisation of employment areas and to provide a transition between adjoining land use zones.
(2)  This clause applies to land in Zone B7 Business Park.
(3)  Development consent must not be granted to development for the purpose of a dwelling or a residential flat building on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is part of a mixed use development that includes a non-residential use permitted in Zone B7 Business Park, and
(b)  no part of the ground floor of the building that fronts a street will be used for residential purposes (excluding access, car parking and waste storage), and
(c)  not less than 60% of the total gross floor area of the building will be used for non-residential purposes, and
(d)  in the case of development for the purpose of a dwelling, including a dwelling in a residential flat building—the dwelling will be on the same lot of land as a non-residential use (including in the case of a lot in a strata plan or community title scheme).
(4)  This clause does not prevent development consent being granted under clause 6.11.
cl 6.13: Am 2015 (682), Sch 1 [10]; 2017 (238), Sch 1 [1] [2]; 2020 (722), Sch 1[37].
6.14   Location of sex services premises
(1)  The objective of this clause is to control the impact of sex services premises on the community.
(2)  Development consent must not be granted for development for the purpose of sex services premises if the sex services 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, Zone R3 Medium Density Residential, Zone R4 High Density Residential or Zone RE1 Public Recreation, or
(b)  used for a centre-based child care facility, community facility, educational establishment or place of public worship.
(3)  Development consent must not be granted for development for the purpose of sex services premises—
(a)  on land in Zone B6 Enterprise Corridor if any part of the sex services premises (excluding access, car parking and waste storage) is located at street level, or
(b)  if the development will be located within 200 metres of existing or proposed sex services premises.
(4)  In deciding whether to grant consent to development for the purpose of sex services premises, the consent authority must consider the impact that the proposed development will have on children who use the surrounding land.
cl 6.14: Am 2017 (493), Sch 1.2 [1].
6.15   Location of boarding houses in business zones
(1)  The objective of this clause is to control the location of boarding houses in business zones.
(2)  This clause applies to land in the following zones—
(a)  Zone B1 Neighbourhood Centre,
(b)  Zone B2 Local Centre,
(c)  Zone B4 Mixed Use.
(2A)  This clause also applies to the following land—
(a)  certain land at Old Canterbury Road, Lewisham shown coloured blue and identified as “A” on the Key Sites Map,
(b)  land at 776–798 Parramatta Road, Lewisham, being Lots 16 and 17, DP 2357, part of Lot 1, DP 1010446, Lot 1, DP 983757 and Lot 1, DP 7419 in Zone B6 Enterprise Corridor,
(c)  certain land at Addison Road, Marrickville shown coloured blue and identified as “B” on the Key Sites Map,
(d)  certain land in St Peters shown coloured blue and identified as “G” and “H” on the Key Sites Map,
(d)  certain land in St Peters identified as “E” and “F” on the Key Sites Map,
(e)  land at 76 Wilford Street, Newtown, being Lot 1, DP 617685.
(3)  Development consent must not be granted to development for the purpose of a boarding house on land to which this clause applies if any part of the boarding house (excluding access, car parking and waste storage) is located at street level.
cl 6.15: Ins 2015 (682), Sch 1 [11]. Am 2020 (722), Sch 1[38].
6.16   Residential accommodation as part of mixed use development in certain business zones
(1)  The objective of this clause is to provide for limited residential development in certain business zones and to ensure an appropriate proportion of residential accommodation as part of mixed use developments on that land.
(2)  This clause applies to the following land—
(a)  land identified as “E”, “F”, “G” and “H” on the Key Sites Map,
(b)  land at 76 Wilford Street, Newtown, being Lot 1, DP 617685.
(3)  Despite any other provision of this Plan, development consent for the purposes of residential accommodation is permitted with consent on land to which this clause applies, but only as part of a mixed use development.
(4)  Development consent must not be granted to development for the purpose of residential accommodation on land to which this clause applies unless the consent authority is satisfied that—
(a)  no part of the ground floor of the building that fronts a street will be used for residential purposes (excluding access, car parking and waste storage), and
(b)  the percentage of the total gross floor area of the building that will be used for non-residential purposes is not less than the following—
(i)  20% on land identified as “E” on the Key Sites Map,
(ii)  40% on land identified as “F” or “G” on the Key Sites Map,
(iii)  70% on land identified as “H” on the Key Sites Map,
(iv)  30% on land at 76 Wilford Street, Newtown, being Lot 1, DP 617685.
cl 6.16: Ins 2017 (238), Sch 1 [3].
6.17   Development on certain land at Victoria Road, Marrickville
(1)  The objective of this clause is to ensure that development on land at Victoria Road, Marrickville occurs in accordance with a development control plan to manage the transition from industrial land uses to residential and commercial land uses.
(2)  This clause applies to land shown coloured green and identified as “K” on the Key Sites Map.
(3)  Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the following matters has been prepared for the land—
(a)  the upgrading of road networks and intersections on the land and surrounding areas,
(b)  transport connections on the land and within surrounding areas (including the layout of laneways, bicycle routes and other connections),
(c)  the protection of items and areas of heritage significance,
(d)  the management and mitigation of the impact of existing industrial development in the surrounding areas on the amenity of proposed residential development on the land,
(e)  the impacts of the development on the surrounding residential and industrial areas and the amenity of the neighbourhood,
(f)  the mitigation of aircraft noise (including through building design and the use of appropriate building materials),
(g)  the management of drainage and flood risks,
(h)  a network of active and passive recreation areas,
(i)  the protection of public open spaces (including from overshadowing).
(4)  Subclause (3) does not apply to development for any of the following purposes—
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.
cl 6.17: Ins 2017 (683), Sch 1 [2].
6.18   Arrangements for designated State public infrastructure in relation to development on certain land at Victoria Road, Marrickville
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the development of certain land at Victoria Road, Marrickville for the purposes of residential accommodation, commercial premises and mixed use development in order to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  This clause applies to land shown coloured green and identified as “K” on the Key Sites Map.
(3)  Despite any other provision of this Plan, development consent must not be granted for development for the purposes of residential accommodation, commercial premises or mixed use development on the land to which this clause applies unless the Secretary has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to the land on which the development is to be carried out.
(4)  This clause does not apply to a development application to carry out development on land to which this clause applies if—
(a)  all or any part of the land to which the application applies is a special contributions area (as defined by section 7.1 of the Act), or
(b)  the development will not result in an increase in residential accommodation, commercial premises or mixed use development.
(5)  In this clause—
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  land required for regional open space,
(d)  social infrastructure and facilities (such as schools, hospitals, emergency services and justice purposes).
cl 6.18: Ins 2017 (683), Sch 1 [2]. Am 2019 (621), Sch 1.9.
6.19   Development at 287–309 Trafalgar Street, Petersham
(1)  This clause applies to land at 287–309 Trafalgar Street, Petersham, being Lot 1, DP 1208130 and Lot 10, DP 1004198.
(2)  Despite any other provision of this Plan, development consent may be granted for development for the purposes of a registered club on land to which this clause applies.
(3)  For the purposes of calculating the floor space ratio of development on land to which this clause applies, car parking (including access to that parking) that is provided on the land for use in association with a registered club, up to a maximum of 150 car parking spaces, is not to be included in the gross floor area.
cl 6.19: Ins 2018 (400), Sch 1 [1].
6.20   Design excellence
(1)  The objective of this clause is to ensure that development exhibits design excellence that contributes to the natural, cultural, visual and built character values of Marrickville.
(2)  This clause applies to development involving the construction of a new building, or external alterations to an existing building that will result in a building that is equal to, or greater than, 14 metres in height.
(3)  Development consent must not be granted to development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(4)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development detrimentally impacts on view corridors,
(d)  whether the development detrimentally impacts on any land protected by solar access controls established in the Marrickville Development Control Plan,
(e)  the requirements of the Marrickville Development Control Plan,
(f)  how the development addresses the following matters—
(i)  the suitability of the land for development,
(ii)  existing and proposed uses and use mix,
(iii)  heritage issues and streetscape constraints,
(iv)  the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)  bulk, massing and modulation of buildings,
(vi)  street frontage heights,
(vii)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(viii)  the achievement of the principles of ecologically sustainable development,
(ix)  pedestrian, cycle, vehicular and service access and circulation requirements,
(x)  the impact on, and any proposed improvements to, the public domain.
(5)  In this clause—
Marrickville Development Control Plan means the Marrickville Development Control Plan 2011, as in force on the commencement of this Plan.
cl 6.20: Ins 2020 (722), Sch 1[39]. Am 2021 (410), cl 4.
6.21   50–52 Edith Street, 67 and 73–83 Mary Street and 43 Roberts Street, St Peters
(1)  The objectives of this clause are as follows—
(a)  to ensure the ongoing provision of employment and service opportunities on the subject land,
(b)  to ensure that development on the subject land will not have a detrimental impact on the amenity, character and environmental quality of the surrounding area.
(2)  This clause applies to the following land at St Peters (the subject land)—
(a)  50–52 Edith Street (Lot 1, DP 745657 and Lot 1, DP 745014),
(b)  67 and 73–83 Mary Street (Lot 1, DP 180958 and Lot 1, DP 556914),
(c)  43 Roberts Street (Lot 1, DP 87885 and Lot A, DP 331215).
(3)  Development consent must not be granted to development that results in more than 50% of the gross floor area of all buildings on the subject land being used for the following purposes—
(a)  home businesses,
(b)  home industries,
(c)  home occupations,
(d)  residential accommodation,
(e)  tourist and visitor accommodation.
(4)  Development consent may be granted to development that results in a building on part of the subject land exceeding the maximum height shown for that part on the Height of Buildings Map if—
(a)  the development is within 1 metre of a part of the subject land that is subject, under clause 4.3, to a greater maximum building height, and
(b)  the development does not result in that greater maximum building height being exceeded, and
(c)  the development does not result in any unreasonable massing or amenity impacts to the surrounding area.
(5)  Development consent must not be granted to development on the subject land unless—
(a)  a development control plan that provides for the matters specified in subclause (6) has been prepared for or applies to the land, or
(b)  the development is of a minor nature and is consistent with the objectives of the zone in which the land is situated.
(6)  The development control plan must provide for all of the following—
(a)  design principles drawn from an analysis of the site and its context,
(b)  buildings to be retained in, and incorporated into, any future mixed use development,
(c)  distribution of land uses, including open space (its function and landscaping),
(d)  building envelopes and built form controls, including specified building storeys, and bulk, massing and modulation of buildings,
(e)  housing mixes, including affordable and adaptable housing,
(f)  vehicle access arrangements,
(g)  encouraging sustainable transport, including increased use of public transport, walking and cycling, and appropriate car parking provision,
(h)  improvements to the public domain,
(i)  the application of the principles of ecologically sustainable development,
(j)  environmental impacts such as overshadowing and solar access and visual and acoustic privacy,
(k)  the mitigation of aircraft noise (including through building design and the use of appropriate building materials).
cl 6.21: Ins 2020 (268), Sch 1[2].
Part 7 Dulwich Grove land
pt 7 (cll 7.1–7.6): Ins 2021 (177), Sch 1.
7.1   Definitions—Part 7
In this Part—
Block A means Lots 1–4, DP 542147.
Block B means—
(a)  Lots 1 and 2, DP 540366, and
(b)  Lots 1–3 and 5–7, DP 236603.
Dulwich Grove land means the land identified as “M” on the Key Sites Map.
pt 7 (cll 7.1–7.6): Ins 2021 (177), Sch 1.
7.2   Height of buildings on Dulwich Grove land
(1)  The maximum building height for a building on Dulwich Grove land is specified in the following table—
Part of Dulwich Grove land
Maximum building height
Lot 14, Section 4, DP 932
Lot 4, DP 540366
9.5 metres
Lots 1–4, DP 542147
Lot 1, DP 540366
Lot 3, DP 236603
17 metres
Lot 2, DP 540366
Lot 7, DP 236603
20 metres
Lots 1 and 2, DP 236603
29 metres
Lots 5 and 6, DP 236603
32 metres
(2)  Development consent may be granted to development that results in a building on Dulwich Grove land exceeding the maximum building height specified in subclause (1) if the building—
(a)  is within 1 metre of a part of Dulwich Grove land that has a greater maximum building height, and
(b)  does not exceed the greater maximum building height, and
(c)  does not result in unreasonable massing or impact the amenity of the surrounding area.
(3)  Development consent must not be granted to development that results in a building on land specified in Column 1 of the following table projecting higher than an incline plane that—
(a)  starts along the land’s boundary with Hercules Street at the height above ground level (existing) specified in Column 2, and
(b)  extends upwards in the direction of New Canterbury Road at the angle specified in Column 3.
Column 1
Column 2
Column 3
Part of Dulwich Grove land
Height at which incline plane starts
Angle of incline plane
Lot 14, Section 4, DP 932
Lot 4, DP 540366
7.5 metres
24°
Lot 2, DP 540366
Lot 7, DP 236603
15 metres
20°
Lots 5 and 6, DP 236603
20 metres
35°
(4)  Development consent must not be granted to development that results in a building within 7.5 metres of New Canterbury Road on Dulwich Grove land exceeding a building height of 17 metres.
pt 7 (cll 7.1–7.6): Ins 2021 (177), Sch 1.
7.3   Floor space ratio on Dulwich Grove land
(1)  The maximum floor space ratio for a building on Dulwich Grove land is specified in the following table—
Part of Dulwich Grove land
Maximum floor space ratio
Lot 14, Section 4, DP 932
Lot 4, DP 540366
0.95:1
Lots 1 and 2, DP 540366
Lots 3 and 7, DP 236603
1.6:1
Lot 1–4, DP 542147
3:1
Lots 1, 2, 5 and 6, DP 236603
3.3:1
(2)  Development consent must not be granted to development that results in a building on Block A exceeding a floor space ratio of 0.95:1 unless at least 300 square metres of the gross floor area of all buildings on Block A are used for the following purposes—
(a)  commercial premises,
(b)  light industries.
(3)  Development consent must not be granted to development that results in a building on Block B exceeding a floor space ratio of 0.95:1 unless at least 1,100 square metres of the gross floor area of all buildings on Block B are used for the following purposes—
(a)  commercial premises,
(b)  light industries.
pt 7 (cll 7.1–7.6): Ins 2021 (177), Sch 1.
7.4   Additional permitted uses for Dulwich Grove land
(1)  Development for the following purposes is permitted with development consent on Dulwich Grove land—
(a)  residential flat buildings,
(b)  retail premises,
(c)  shop top housing.
(2)  Development consent must not be granted under this clause to development that results in the ground floor of a building with frontage to New Canterbury Road being used for the purposes of residential accommodation.
(3)  Development consent must not be granted under this clause to development on Block A unless Block A is consolidated into a single lot.
(4)  Development consent must not be granted under this clause to development on Block B unless Block B—
(a)  is consolidated into a single lot, and
(b)  has, at the completion of the development, a landscaped area at least 6 metres wide, including a pedestrian and cycle path, along the entire length of Block B’s boundary with the adjoining light rail corridor.
pt 7 (cll 7.1–7.6): Ins 2021 (177), Sch 1.
7.5   Development control plan for Dulwich Grove land
(1)  Development consent must not be granted to development on Dulwich Grove land unless—
(a)  a development control plan that provides for the matters specified in subclause (2) applies to the land, or
(b)  the development is of a minor nature and is consistent with the objectives of the zone in which the land is situated.
(2)  The development control plan must provide for all of the following—
(a)  design principles drawn from an analysis of the site and its context,
(b)  active street frontages,
(c)  landscaped areas and public open spaces, including a public forecourt, next to the adjoining light rail corridor and Dulwich Grove light rail stop,
(d)  distribution of land uses, including open space, and its function and landscaping,
(e)  building envelopes and built form controls, including storeys and setbacks at both ground floor and upper storeys, and bulk, massing and modulation of buildings,
(f)  housing mixes, including affordable and adaptable housing,
(g)  vehicular access from Hercules Street,
(h)  vehicle arrangements, considering the site’s proximity to Dulwich Hill Public School,
(i)  encouraging sustainable transport, including increased use of public transport, walking and cycling, and appropriate car parking provision,
(j)  provision of central communal open space at ground floor of the site,
(k)  improvements to the public domain and opportunities for passive surveillance of the public domain, including pedestrian movement to and from Dulwich Grove light rail stop,
(l)  the application of the principles of ecologically sustainable development,
(m)  environmental impacts such as overshadowing and solar access and visual and acoustic privacy,
(n)  impacts of the built form on Dulwich Hill Public School, including overshadowing of its playground,
(o)  measures to minimise land use conflict between residential uses and—
(i)  employment uses on or near the site, including light industrial uses, and
(ii)  the operation of the Greek Orthodox Church at 28 Hercules Street.
pt 7 (cll 7.1–7.6): Ins 2021 (177), Sch 1.
7.6   Repeal and savings
(1)  This Part is repealed on 30 September 2024.
(2)  This Part continues to apply, despite its repeal, to a development application in relation to Dulwich Grove land that is made but not finally determined before 30 September 2024.
pt 7 (cll 7.1–7.6): Ins 2021 (177), Sch 1.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at 165 Edgeware Road, Enmore
(1)  This clause applies to land at 165 Edgeware Road, Enmore, being Lot D, DP 355228 in Zone B1 Neighbourhood Centre.
(2)  Development for the purpose of a pub is permitted with consent.
1A   Use of certain land at 141–161 New Canterbury Road, Lewisham
(1)  This clause applies to land at 141–161 New Canterbury Road, Lewisham, being Lot 1, DP 718901.
(2)  Development for the purpose of a residential flat building is permitted with development consent, as part of a mixed use development, but only if—
(a)  no more than 55% of the total ground floor area of the building will be used for the purpose of dwellings, spaces for the loading or unloading of goods and car parking (including access to those uses), and
(b)  any dwelling located on the ground floor will not have frontage to New Canterbury Road.
2   Use of certain land at Old Canterbury Road, Lewisham
(1)  This clause applies to certain land in Lewisham coloured blue and identified as “A” on the Key Sites Map.
(2)  Development for the purpose of residential accommodation is permitted with consent, but only as part of a mixed use development.
2A   Use of certain land at 776–798 Parramatta Road, Lewisham
(1)  This clause applies to land at 776–798 Parramatta Road, Lewisham, being Lots 16 and 17, DP 2357, part of Lot 1, DP 1010446, Lot 1, DP 983757 and Lot 1, DP 7419 in Zone B6 Enterprise Corridor.
(2)  Development for the purpose of a boarding house is permitted with consent.
3   Use of certain land at Addison Road, Marrickville
(1)  This clause applies to land shown coloured blue and identified as “B” on the Key Sites Map.
(2)  Development for the purpose of residential accommodation is permitted with consent, but only as part of a mixed use development.
3A   Use of certain land at 74 Edinburgh Road, Marrickville
(1)  This clause applies to land at 74 Edinburgh Road, Marrickville, being Lot 202, DP 1133999 in Zone IN1 General Industrial.
(2)  Development for the purposes of a garden centre and hardware and building supplies is permitted with consent.
4   Use of certain land at 72 Frampton Avenue, Marrickville
(1)  This clause applies to land at 72 Frampton Avenue, Marrickville, being Lot 19, DP 4433 in Zone R2 Low Density Residential.
(2)  Development for the purpose of a warehouse and distribution centre is permitted with consent.
5   Use of certain land at 74 Frampton Avenue, Marrickville
(1)  This clause applies to land at 74 Frampton Avenue, Marrickville, being Lot 18, DP 4433 in Zone R2 Low Density Residential.
(2)  Development for the purpose of a warehouse and distribution centre is permitted with consent.
6   (Repealed)
7   Use of certain land at Illawarra Road, Thornley Street and Warne Place, Marrickville
(1)  This clause applies to land shown coloured blue and identified as “C” on the Key Sites Map.
(2)  Development for the purpose of business premises, office premises, restaurants or cafes, shops and take away food and drink premises is permitted with consent.
8   Use of certain land at Marrickville Road, Marrickville and Princes Highway, Tempe
(1)  This clause applies to land shown coloured blue and identified as “D” on the Key Sites Map.
(2)  Development for the purpose of retail premises is permitted with consent.
9   Use of certain land at 313–319 Marrickville Road and 182–186 Livingstone Road, Marrickville
(1)  This clause applies to land at 313–319 Marrickville Road and 182–186 Livingstone Road, Marrickville, being Lot 2, DP 872693 , Lot 2, DP 103507 and Lots 36 and 37, DP 3164 in Zone B2 Local Centre.
(2)  Development for following purposes is permitted with consent—
(a)  residential flat buildings (but only as part of a mixed use development that contains a non-residential use permitted in the zone), and
(b)  residential flat buildings within heritage buildings retained on the land.
10   Use of certain land at 394 Marrickville Road, Marrickville
(1)  This clause applies to land at 394 Marrickville Road, Marrickville, being Lot 1, Section 1, DP 5482.
(2)  Development for the purpose of business premises and offices premises is permitted with consent.
11   Use of certain land at 32–72 Alice Street, Newtown
(1)  This clause applies to land at 32–72 Alice Street, Newtown, being Lots 2 and 3, DP 1190094 and SP 88894.
(2)  Development for the purpose of residential accommodation is permitted with consent, but only as part of a mixed use development.
12   (Repealed)
12A   Use of certain land at 5–11 Chester Street, Petersham
(1)  This clause applies to land at 5–11 Chester Street, Petersham, being Lots A and B, DP 438174, Lots 1, 2 and 3, DP 598422, Lot A, DP 110183 and Lot 3, DP 1091310 in Zone R4 High Density Residential.
(2)  The following development is permitted with consent—
(a)  development for the purpose of a car park,
(b)  development that is permissible within Zone B2 Local Centre.
(3)  The consent authority must not consent to development under this clause unless satisfied that the development will be carried out in conjunction with development on land to which clause 13A of this Schedule applies.
13   Use of certain land at 2–14 Fisher Street and 126 Crystal Street, Petersham
(1)  This clause applies to land at 2–14 Fisher Street and 126 Crystal Street, Petersham, being Lot 1, DP 587859 and Lot 5, DP 52786.
(2)  Development for the purpose of residential flat buildings is permitted with consent.
13A   Use of certain land at 6 Livingstone Road, Petersham
(1)  This clause applies to land at 6 Livingstone Road, Petersham, being Lot 11, DP 1145054 in Zone B2 Local Centre.
(2)  Development that is permissible within Zone R4 High Density Residential is permitted with consent.
(3)  The consent authority must not consent to development under this clause unless satisfied that the development will be carried out in conjunction with development on land to which clause 12A of this Schedule applies.
14   Use of certain land at 3–7 Regent Street, Petersham
(1)  This clause applies to land at 3–7 Regent Street, Petersham, being Lot 1, DP 629058.
(2)  Development for the purpose of a registered club is permitted with development consent.
15   Use of certain land at St Peters
(1)  This clause applies to certain land in St Peters shown coloured blue and identified as “G” and “H” on the Key Sites Map.
(2)  Development for the following purposes is permitted with consent—
(a)  on land identified as “G” on the Key Sites Map—specialised retail premises,
(b)  on land identified as “H” on the Key Sites Map—retail premises.
16   Use of certain land at Princes Highway, St Peters and Bellevue Street, Tempe
(1)  This clause applies to land shown coloured blue and identified as “I” on the Key Sites Map.
(2)  Development for the purpose of specialised retail premises is permitted with consent.
17   Use of certain land at 500 Princes Highway, St Peters
(1)  This clause applies to land at 500 Princes Highway, St Peters, being Lot 11, DP 1083971.
(2)  Development for the following purposes is permitted with consent—
(a)  specialised retail premises, and
(b)  retail premises (only in relation to engineering supplies or tools or vehicle parts and accessories).
18   Use of certain land at 162 Unwins Bridge Road, St Peters
(1)  This clause applies to land at 162 Unwins Bridge Road, St Peters, being Lots 20–22, Section B, DP 726.
(2)  Development for the purpose of landscaping material supplies is permitted with consent.
19   Use of certain land at Railway Road, Sydenham
(1)  This clause applies to land shown coloured blue and identified as “J” on the Key Sites Map.
(2)  Development for the purpose of business premises and office premises is permitted with consent.
20   Use of certain land at 24A Railway Road, Sydenham
(1)  This clause applies to land at 24A Railway Road, Sydenham, being Lots 82–84, DP 750.
(2)  Development for the purpose of a place of public worship is permitted with consent.
21   Use of certain land at Tempe, known as the Tempe Bus Depot
(1)  This clause applies to land at 1 Tramway Street, Tempe, being Lot 1, DP 925726 and 1B Gannon Street, Tempe (also known as 745–763 Princes Highway, Tempe), being part of Lot 1, DP 724918, and Lot 1710, DP 1140035.
(2)  Development for the purpose of a passenger transport facility is permitted with consent.
22   Use of certain land at Marrickville Road and Railway Parade, Marrickville
(1)  This clause applies to land shown coloured blue and identified as “L” on the Key Sites Map.
(2)  Development for the purposes of restaurants or cafes and small bars is permitted with consent.
23   Use of certain land at 50–52 Edith Street, 67 and 73–83 Mary Street and 43 Roberts Street, St Peters
(1)  This clause applies to land to which clause 6.21 of this Plan applies.
(2)  Development for the purpose of a residential flat building is permitted with development consent, but only as part of a mixed use development.
24   Use of certain land at 20 Smidmore Street, Marrickville
(1)  This clause applies to Lot 10, DP 1255587, 20 Smidmore Street, Marrickville.
(2)  Development for the following purposes is permitted with consent—
(a)  business premises,
(b)  centre-based child care facilities,
(c)  community facilities,
(d)  medical centres,
(e)  retail premises.
sch 1: Am 2014 (456), cl 4; 2015 (682), Sch 1 [12]–[14]; 2016 (23), cl 5; 2017 (222), Sch 1 [3]–[7]; 2017 (238), Sch 1 [4]–[6]; 2018 (400), Sch 1 [2]; 2018 (488), Sch 1.2; 2019 (100), Sch 1; 2020 (268), Sch 1[3]; 2020 (722), Sch 1[40]; 2021 (363), cl 4.
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.
Advertisements—general requirements
Must meet the following general requirements—
(a)  must be non-moving,
(b)  must be associated with the lawful use of the building (except for temporary signs),
(c)  must be within the boundary of the property to which it applies, unless in a business or an industrial zone,
(d)  must not be on walls that face or adjoin residential premises,
(e)  must not be an “A” frame sign,
(f)  must have the consent of the owner(s) of the property on which the sign is located,
(g)  must not be flashing,
(h)  must not replace an existing advertising structure or sign.
Advertisements—bus and taxi rank shelter signs
(1)  Must be located on land owned or managed by Council.
(2)  Must not extend beyond the perimeter of the shelter.
(3)  Only 1 advertising panel per shelter that may comprise an advertisement on 2 sides.
(4)  Must not contain flashing or neon signage.
(5)  Must not obstruct pedestrian paths of travel.
(6)  Must not obstruct the line of sight of vehicular traffic.
Advertisements—business identification signs (other than for sex services premises and restricted premises) in business zones
(1) Underawning sign Sign attached to the underside of an awning—
(a)  must meet the general standards for advertisements,
(b)  1 sign per ground floor premises with street frontage,
(c)  maximum length—2.5m,
(d)  maximum height—0.4m,
(e)  minimum clearance—2.6m above any public footpath.
(2) Flush wall sign Sign attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 150mm beyond the face of the building and top end of the sign not higher than 3.0m from the footpath level along the street frontage—
(a)  must meet the general requirements for advertisements,
(b)  maximum area—2.5m2.
(3) Top hamper sign Sign attached to the transom of a doorway or top end of the display window of a ground floor premises—
(a)  must meet the general requirements for advertisements,
(b)  maximum area—2.5m2,
(c)  must not project more than 150mm beyond the face of the building to which it is attached.
(4) Awning fascia sign Fascia sign—
(a)  must meet the general requirements for advertisements, and
(b)  must be attached to the fascia or return of the awning, and
(c)  must not project above or below the fascia or return end of the awning to which it is attached.
Advertisements—business identification signs (other than for sex services premises) in industrial zones
(1)  Must meet the general requirements for advertisements.
(2)  For an industrial complex, containing three or more industrial units with common driveway(s)—1 common pole or pylon sign for the entire complex (including any directory board) complying with the following requirements—
(a)  maximum height—5m,
(b)  maximum advertising area of all surfaces—25m2,
(c)  must be within 5m of any public entry point to the premises,
(d)  must not obstruct the sight line of vehicle or pedestrian traffic.
(3)  1 additional business identification sign at main entrance of each occupied unit within an industrial complex with a maximum advertising area—1.2m2.
(4)  For single occupancy industrial premises, 1 business identification sign is permitted—
(a)  Maximum area—50m2 or 1m2 per 3m of street frontage, whichever is the lesser.
(b)  Must be in the form of an advertising panel attached to the facade of the building with no part of the advertising panel projecting higher than the front wall of the building to which the sign is attached.
(c)  Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.
Advertisements—business identification signs in residential zones
(1)  Must meet the general requirements for advertisements.
(2)  1 sign per premises.
(3)  Maximum area—0.75m2.
(4)  If a pole sign, maximum height—2m from natural ground level.
(5)  Must not be illuminated.
(6)  Must be located at least 600mm from any public road.
(7)  Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.
Advertisements—real estate signs (advertising premises or land for sale or rent) in non residential zones
(1)  Must meet the general requirements for advertisements.
(2)  Must be located at least 600mm from any public road.
(3)  Maximum area—4.5m2.
(4)  Must be removed within 7 days after the premises or land is sold or let.
Advertisements—real estate signs (advertising premises or land for sale or rent) in residential zones
(1)  Must meet the general requirements for advertisements.
(2)  Must be located at least 600mm from any public road.
(3)  Maximum area—2.5m2.
(4)  Must be removed within 7 days after the premises or land is sold or let.
Temporary structures (other than temporary builders’ structures)
(1)  Must be on land within Zone B1, Zone B2, Zone B4, Zone B5, Zone B6, Zone IN1, Zone IN2, Zone RE2 or Zone SP2.
(2)  Must not remain erected more than 72 hours.
(3)  Must be at least 6m from any public street.
(4)  Must not be used for a recurring use or a use that would otherwise require development consent.
(5)  Must be installed in accordance with the manufacturer’s specifications.
(6)  Must not be used for commercial or industrial purposes.
(7)  Changes or alterations to the surface and surrounding environment, where it is constructed or erected, must be superficial and temporary.
sch 2: Am 2016 (160), cl 4.
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
Note—
This Part refers to complying development not specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Alterations and additions to residential buildings that are not heritage items or draft heritage items
(1)  Juliet balconies for residential flat buildings or multi dwelling housing—
(a)  must be at the rear of the property, and
(b)  must replace an existing opening with an area greater than 1m2, and
(c)  must not have a width greater than 1m or a depth greater than 500mm, and
(d)  must not be within 15m (horizontal distance) from any (visible) private open space or habitable room window of an adjoining property, and
(e)  1 per dwelling.
(2)  Dormer window for dwelling house, attached dwelling or semi-detached dwelling—
(a)  Maximum 1 per dwelling house.
(b)  Must be at the rear of the dwelling house, attached dwelling or semi-detached dwelling and face the rear boundary of the property.
(c)  Maximum dimensions—1.2m × 1.5m.
(d)  Must not exceed a ratio of 2:1 measured on the external frame of the window.
(e)  Must be setback at least 500mm from the roof edges (facing the side boundaries), 200mm from the roof gutter and 200mm below the ridge line.
(f)  If within 15m (horizontal distance) from any visible habitable room window or private open space of adjoining property—sill height must be at least 1.6m from internal finished floor level of associated room or window must contain fixed obscure glazing to a height of 1.6m.
(3)  Alterations within roof space—
(a)  Existing ridge line and angle of roof pitch must be retained.
(b)  Additional floor area must only be used for non-habitable purposes.
Bed and breakfast accommodation
(1)  Must be carried out in a lawfully existing dwelling house, attached dwelling or semi-detached dwelling in a land use zone where bed and breakfast accommodation is a permissible use.
(2)  Maximum number of guest bedrooms—3 and maximum number of guests at any one time—6.
(3)  Minimum number of bathrooms—2.
(4)  Must have a fire extinguisher and fire blanket in the kitchen.
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 Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
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
180 Princes Highway, St Peters
Lot 4, DP 818380
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
 
sch 4: Am 2017 (357), cl 4.
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Locality
Item name
Address
Property description
Significance
Item no
Camperdown
Camperdown Park
Australia Street
Lot 3, DP 175973; Lot 1, DP 724199; Lot 1, DP 975361; 4087–3000; 3760–3000
Local
I1
Camperdown
Cranbrook group, including interiors
10 and 12 Australia Street
Part Lot 4, DP 175973
State
I2
Camperdown
Australia Street industrial group, including interiors
27, 29, 31, 33, 35 and 43 Australia Street and 32, 34 and 36 Denison Street and part of 143 Parramatta Road
Lots 1–8, DP 1078125; Lot 1, DP 818033; Lots C and D, DP 400192
Local
I3
Camperdown
Sullivan RSPCA Memorial Horse trough, balustrade and 2 ficus trees
Fowler Street (closed section near Gibbens Street)
 
Local
I4
Camperdown
Bridge Road School (former Camperdown Public School), including interiors
127 Parramatta Road
Lot 1, DP 879583
Local
I5
Camperdown
Federation warehouse, including interiors
187 Parramatta Road
Lot 1, DP 960297
Local
I6
Camperdown
Group of 2 Victorian semi-detached cottages, including interiors
143 and 145 Salisbury Road
Lot 1, DP 799559; Lot 1, DP 799973
Local
I7
Camperdown
Electricity substation No 142 (whole site)
111 Victory Lane
Lot 1, DP 621250
State
I314
Dulwich Hill
Group of Victorian houses, including interiors
1, 3, 5 and 7 Abergeldie Street and 279 Old Canterbury Road
Lots 2–5, Section 1, DP 857
Local
I8
Dulwich Hill
Cottage and garden, including interiors
25 Abergeldie Street
Lot 2, DP 621607
Local
I9
Dulwich Hill
Victorian villa, including interiors
29 Constitution Road
Lot B, DP 372435
Local
I10
Dulwich Hill
Hoskins Park
Davis and Pigott Streets
Lot B, DP 944563
Local
I313
Dulwich Hill
Victorian rustic gothic villa—“Brook Lodge”, including interiors
174 Denison Road (part)
Lot 4, DP 6892
Local
I11
Dulwich Hill
Electricity substation No 1458 (whole site)
208 Denison Road
Lot 13, DP 79672
State
I315
Dulwich Hill
Turpentine—Ironbark Forest Understory
Dulwich Hill Railway cutting, northern side of Dudley Street east of Wardell Road and southeast of Dulwich Hill Station
Lot 1, DP 1065311
Local
I389
Dulwich Hill
Electricity substation No 238 (building only)
49A Ewart Street
Lot 1, DP 318840
State
I317
Dulwich Hill
Gladstone Hall, including interiors
114 Ewart Street
Lot 10, DP 1115631
Local
I13
Dulwich Hill
Federation Arts and Crafts style house—“Leonardi”, including interiors
61 Garnet Street
Lot 1, DP 310484
Local
I14
Dulwich Hill
Holy Trinity Church of England, including interiors
7 Herbert Street
Lot 1, DP 529533
Local
I15
Dulwich Hill
The Rectory, including interiors
11 Herbert Street
Lot 2, DP 529533
Local
I16
Dulwich Hill
Victorian filigree style villa—“Fairview”, including interiors
17–19 Herbert Street
Lot 1, DP 901271
Local
I17
Dulwich Hill
Electricity substation No 96 (whole site)
Hercules Street
Lot 15, DP 667331
State
I318
Dulwich Hill
Memorial Boy Scout headquarters, including interiors
31–33 Lewisham Street
Lot 1, DP 1093562; Lot 1, DP 927267
Local
I18
Dulwich Hill
Victorian italianate style villa—“Allerton”, including interiors
407 Marrickville Road
Lot 1, DP 176181
Local
I19
Dulwich Hill
Gladstone Hotel, including interiors
572 Marrickville Road (corner New Canterbury Road)
Lot 1, DP 222649
Local
I20
Dulwich Hill
Victorian villa, including interiors
227 Old Canterbury Road
Lot A, DP 100329
Local
I21
Dulwich Hill
Victorian italianate style villa—“Malvern”, including interiors
42–44 Pile Street
Lot 1, DP 1058788; Lot 7, DP 1280
Local
I23
Dulwich Hill
Dulwich Hill High School, including interiors
Seaview Street
Lot 1, DP 830323
Local
I24
Dulwich Hill
Waratah Flour Mills, including interiors
10–14 Terry Road
SP 69298
Local
I25
Dulwich Hill
Federation bungalow, including interiors
73 The Boulevarde
Lot 1, DP 301656
Local
I392
Dulwich Hill
Inter-war bungalow, including interiors and garden
73A The Boulevarde
Lot X, DP 411590
Local
I393
Dulwich Hill
Timber Federation period house, including interiors
122 Victoria Street
Lot 1, Section 7, DP 813
Local
I26
Dulwich Hill
Dulwich Hill Railway Station Group
Wardell Road
DP 956827
State
I316
Dulwich Hill
Electricity substation No 169 (whole site)
127A Wardell Road
Lot 1, DP 312297
State
I320
Dulwich Hill
Pressure Tunnel Shaft (Sydney Water heritage asset no 4570942)
1–9 Weston Street
Lot 1, DP 187816; Lot 17, Section 2, DP 1576; Lot 16, Section 2, DP 1576; Lot 15, Section 2, DP 1576; Lot 14, Section 2, DP 1576
State
I28
Enmore
Victorian rustic gothic style house, including interiors
6 Alma Avenue
Lot 1, DP 781180
Local
I29
Enmore
Victorian filigree style freestanding weatherboard house—“Ashley Villa”
34 Belmore Street
Lot 4, DP 136
Local
I391
Enmore
Victorian Georgian style cottage—“Eugenie Cottage”, including interiors
24 Cavendish Street
Lot A, DP 334014
Local
I31
Enmore
Victorian villa, including interiors
13–17 Edgeware Road
Lot 9, Section 3, DP 1166; Lot 10, Section 3, DP 1166; Lot 11, Section 3, DP 1166
Local
I32
Enmore
Group of mid-Victorian gothic houses, including interiors
43A, 45 and 47 Edgeware Road
Lot 1, DP 901034; Lots 31 and 32, Section 3, DP 1166
Local
I33
Enmore
Golden Barley Hotel, including interiors
165 Edgeware Road
Lot D, DP 355228
Local
I34
Enmore
Marie Louise shopfront and salon, including interiors
135 Enmore Road
Lot C, DP 110326
Local
I35
Enmore
Sly Fox Hotel, including interiors
199 Enmore Road (corner Cambridge Street)
Lot 1, DP 82870
Local
I36
Enmore
Enmore Post Office (former), including interiors
213 Enmore Road
Lot 603, DP 752049
Local
I37
Enmore
Group of semi-detached cottages, including interiors
40, 42, 44 and 46 Juliett Street
Lots 1 and 2, DP 805036; Lots 100 and 101, DP 531867
Local
I38
Enmore
Victorian rustic gothic villa, including interiors
9 Liberty Street
Lot 1, DP 900660
Local
I39
Enmore
Victorian rustic gothic style house—“Percy Villa”, including interiors
11 Liberty Street
Lot 1, DP 904028
Local
I40
Enmore
Federation Queen Anne style house, including interiors
15 Liberty Street (corner Cambridge Street)
Lot 1, DP 129777; Lot 2, Section 6, DP 1; Lot 1, Section 6, DP 1
Local
I41
Enmore
Group of Victorian italianate style terraces—“Wilcannia, Wyoming and Wyandah”, including interiors
29, 31 and 33 Liberty Street
Lots 1–3, DP 590289
Local
I42
Enmore
Terrace—“Jessy”, including interiors
9, 11, 13 and 15 London Street
Lots A–D, DP 439892
Local
I44
Enmore
Queen Anne house, including interiors
75 London Street
Lot 1, DP 977194
Local
I45
Enmore
Former Enmore Public School, including interiors
2–12 Metropolitan Road
Lots 13–21, Section 1, DP 1166
Local
I46
Enmore
Electricity substation No 1493 (whole site)
13 Metropolitan Road (rear fronting Edgeware Road)
Lot B, DP 332407
State
I321
Enmore
Enmore Church of Christ, including interiors
17–21 Metropolitan Road
Lots 99–102, Section 2, DP 1166
Local
I47
Enmore
Retail group and pedestrian tunnel, including interiors
48 and 50 Phillip Street (including Gladstone Street, Newtown)
Lots 2 and 3, DP 220595; Lot X, DP 443195; Part Lot 50, DP 1006033
Local
I48
Enmore
Newington Manor—Victorian gothic villa, including interiors
10–14 Sebastopol Street
Lot 1, DP 954372
Local
I49
Enmore
Victorian Georgian style villa, including interiors
17 Sebastopol Street
Lot 1, DP 741345
Local
I50
Enmore
St Luke’s Church of England, including interiors
11 and 13–35 Stanmore Road
Lots 3–8, Section 4, DP 1; Lot 2, DP 455687
Local
I51
Enmore
Victorian rustic gothic villa—“Woodford Cottage”, including interiors
10 Wemyss Street
Lot 1, DP 437973
Local
I52
Lewisham
Lewisham Railway substation
Alfred Street (Also known as Railway Land West Street)
Lot 1, DP 1003675
State
I322
Lewisham
Victorian style terrace—“Hobart”, including interiors
1 Fred Street
Lot 1, DP 910860
Local
I53
Lewisham
Morton House—Edwardian house, including interiors
40 Hunter Street
Lot A, DP 327424; Lot 31, Section 1, DP 144
Local
I55
Lewisham
Lewisham Sewage Aqueduct (Sydney Water heritage asset no 4570955)
Longport Street (vicinity)
 
State
I54
Lewisham
Long Cove Creek railway viaducts (formerly adjacent girder bridges)
Longport Street (vicinity)
 
State
I229
Lewisham
Huntsbury Hotel, including interiors
127 New Canterbury Road
Lots 2–5, DP 1543; Lots 4 and 5, DP 10989
Local
I56
Lewisham
Railway underbridge at Old Canterbury Road
Old Canterbury Road
Lot 1, DP 1003675
State
I323
Lewisham
Stone terracing and steps
Old Canterbury Road
 
Local
I57
Lewisham
Pair of timber Victorian cottages, including interiors
11 and 13 Old Canterbury Road
Lots 100 and 102, DP 595582
Local
I58
Lewisham
Two-storey Federation Queen Anne style residence
17 Railway Terrace
Lot 1, DP 132383; Lot 2, DP 5052
Local
I324
Lewisham
Former shop and residence, including interiors
4 Summer Hill Street
Lot 1, DP 984239
Local
I59
Lewisham
Sewer ventilation stack, including interiors
10A The Boulevarde
Lot 2, DP 173378
State
I60
Lewisham
Petersham Baptist Church and Church Hall, including interiors
13 The Boulevarde
Lot 1, DP 981811
Local
I61
Lewisham
Christian Brothers High School, including interiors
68–84 The Boulevarde
Lot 1, DP 1089520
Local
I62
Lewisham
Former Lewisham Hospital, Convent and grounds, including interiors
1 Thomas Street and 2B and 2C West Street
Lot 1, DP 565617; Lots 1 and 2, DP 1116995
Local
I63
Lewisham
St Thomas’s Catholic Church, School and Presbytery, including interiors
3 Thomas Street
Lot 22, DP 827632
Local
I64
Lewisham
Victorian style villa, including interiors
36 Thomas Street
Lot B, DP 943060
Local
I65
Marrickville
Addison Road Community Centre, including interiors
142 Addison Road
Lot 622, DP 720759
Local
I66
Marrickville
Federation Queen Anne style house—“The Glen”
13 Beauchamp Street
Lot 2, DP 5598
Local
I326
Marrickville
Victorian filigree style house—“Heatherbrae”
75 Beauchamp Street
Lot 1, DP 83456
Local
I327
Marrickville
Electricity substation No 151 (whole site)
Calvert Street
Lot 1, DP 175970
State
I330
Marrickville
Sewage pumping station 271, chimney stack and two storey residence, including interiors
Carrington Road (Northern end)
Lot 1, DP 182542; Lots 1 and 2, DP 744955
State
I67
Marrickville
Carrington Road industrial precinct—select industrial facades
10 Carrington Road (facade only); 16 Carrington Road (central brick building only); 47 Carrington Road (facade only)
Lot 2, DP 70946; Lot A, DP 340589; Lot 1, DP 351068; Lot 1, DP 620857; Lot 1, DP 799581; Lot 1, DP 856851
Local
I68
Marrickville
Pair of Victorian period semi-detached houses—“Waratah” (No 17) and “Essendene/Elmside” (No 19)
17 and 19 Cary Street
Lot 32, Section 3, DP 759
Local
I331
Marrickville
Victorian villa, including interiors
48 Cary Street
Lot 17, Section 5, DP 759
Local
I69
Marrickville
Brick drain
Between Centennial Street and Garners Avenue
 
Local
I70
Marrickville
Henson Park
Centennial Street
Lots 423 and 424, DP 1035319
Local
I71
Marrickville
Marrickville Public School, including interiors
116 Chapel Street
Lot 1, DP 802664
Local
I72
Marrickville
Roseby Memorial Church, including interiors
2A Church Street (also known as 388–390 Illawarra Road)
Lot 11, DP 850441
Local
I73
Marrickville
Electricity substation No 221 (whole site)
2B Church Street
Lot 1, DP 530179
State
I332
Marrickville
Dibble Avenue Waterhole
Dibble Avenue and rear of the properties at 27, 29, 33, 35 and 37 Riverside Crescent
Lot 1, DP 346874; Lot A, DP 431233; SP 3050; SP 3051; SP 2354; Lots 5–8, DP 20459; SP 66778; Lot 1, DP 956319; Lots 1 and 2, DP 346994; SP 54938; Lot 2, DP 913024
Local
I12
Marrickville
Enmore Box and Case Factory, including interiors
Empire Lane (southern corner of Shelley Lane)
Lot Y, DP 954108
Local
I74
Marrickville
Enmore Park and entry gates and Port Jackson fig trees
Enmore Road
Part Lot 7024, DP 93582
Local
I75
Marrickville
Terrace housing, including interiors
341–371 Enmore Road
Lots A–D, DP 928973; Lots 1–4, DP 253046; Lots 1–4, DP 858436; Lot 1, DP 611913; Lots 1–3, DP 253540
Local
I76
Marrickville
Victorian style cottage, including interiors
3 Esk Street
Lot 14, DP 605
Local
I77
Marrickville
Stone house, including interiors
5 Esk Street
Lot 13, DP 605
Local
I78
Marrickville
Group of 3 inter-war Georgian Revival style residential flat buildings—“Rothesay” (No 66), “Windsor” (No 68) and “Warwick” (No 70)
66, 68 and 70 Ewart Street
Lot C, DP 329277; SP 51780; SP 49920
Local
I334
Marrickville
Victorian filigree style villa—“Calthorpe”
40 Excelsior Parade
Lot A, DP 318358
Local
I335
Marrickville
Group of Federation Queen Anne style terrace houses, including interiors
11, 13, 15 and 17 Fernbank Street
Lots A and B, DP 371157; Lots 35 and 36, DP 1971
Local
I79
Marrickville
Electricity substation No 42 (whole site)
Fitzroy Street
Lot 4, DP 430090
State
I336
Marrickville
Booth House, including interiors
52 Frazer Street
Lot 11, DP 830219
Local
I80
Marrickville
Flood storage reserve and brick drain (Sydenham Pit and Drainage Pumping Station 1)
Garden Street
Part Lot 1, DP 186276; Lot 1, DP 1022910; Lots 29, 34, 35, 40, 41 and 46, DP 153
State
I81
Marrickville
Victorian style residence—“Ourimbah”, including interiors
49 Garners Avenue
Lots 9 and 10, DP 976398
Local
I82
Marrickville
Former Marrickville Police Station, including interiors
4–8 Gladstone Street
Lots 11–13, Section 3, DP 2620
Local
I83
Marrickville
Former Globe Worsted Mills, including interiors and former Globe Worsted Mills substation
11–23 Gordon Street and 42 Philpott Street
SP 77403; Lot 1, DP 1161225
Local
I84
Marrickville
Brick footpath paving and Canary Island palms
Graham Avenue
 
Local
I85
Marrickville
Stonewalling, terracing and street planting
High, Junction, Ruby and Schwebel Streets (streetscape group)
 
Local
I86
Marrickville
Victorian italianate style villa—“Rockleigh”, including interiors
9 Hilltop Avenue
Lot 4, DP 16193
Local
I87
Marrickville
Benson’s Quarry House—weatherboard cottage, including interiors
11 Hilltop Avenue
Lot 2, DP 819815
Local
I88
Marrickville
Marrickville Railway Station group, including interiors
Illawarra Road
Lot 1, DP 1042838
State
I89
Marrickville
Victorian italianate corner shop and adjacent pair of Victorian terrace houses, including interiors
40, 42 and 44 Illawarra Road
Lots A–C, DP 101925
Local
I90
Marrickville
Tunneyfall Terrace—Victorian italianate corner shops and Victorian style terrace houses, including interiors
46–60 Illawarra Road
Lots 1–4, DP 306991; Lots 2 and 3, DP 101498; Lots 1–3, DP 103785
Local
I91
Marrickville
Former corner shop, including interiors
87 Illawarra Road
Lot 10, DP 599846
Local
I92
Marrickville
Henson Park Hotel, including interiors
91 Illawarra Road
Lot 1, DP 110113
Local
I93
Marrickville
Former Marrickville Town Hall, including interiors
96 Illawarra Road
Lot 961, DP 813630
State
I94
Marrickville
Victorian style house, including interiors
211 Illawarra Road
Lot 36, Section 2, DP 826
Local
I96
Marrickville
Red pillar post box
398 Illawarra Road (located on footpath)
 
Local
I341
Marrickville
Stone House associated with former Schwebel Family Quarry
560 Illawarra Road
 
Local
I97
Marrickville
Brick paving
Sections of Juliett Street, Llewellyn Street, Enmore Road, Victoria Road, Bourne Street, Lynch Avenue and Murray Street
 
Local
I98
Marrickville
Federation house, including interiors
18 Lawson Avenue
Lot 102, DP 870783
Local
I99
Marrickville
Stead House (circa 1850s, also known as Frankfort Villa and Waterloo Villa), including interiors
12 Leicester Street
Lot 1, DP 582556
Local
I125
Marrickville
Federation Queen Anne mansion—and coach house—“Penston Hall”, including interiors
159 Livingstone Road
Lot 159, DP 1114934
Local
I100
Marrickville
Former Marrickville Hospital site and Victorian cottage, including interiors
182–186 Livingstone Road and 313–319 Marrickville Road
Lots 36 and 37, DP 3164; Lot 2, DP 103507; Lot 2, DP 872693
Local
I101
Marrickville
St Nicholas Greek Orthodox Church, including interiors
205 Livingstone Road
Lot 1, DP 119393
Local
I102
Marrickville
Marrickville West Public School, including interiors
269A Livingstone Road
Lot 1, DP 793884
Local
I103
Marrickville
Victorian filigree style villa
298 Livingstone Road
Lot 1, DP 515285
Local
I343
Marrickville
Edwardian villa—“Laurel-Bank”, including interiors
323 Livingstone Road
Lot 2, DP 316444
Local
I104
Marrickville
Spanish Mission style house, including interiors
329 Livingstone Road
Lot B, DP 331680
Local
I105
Marrickville
Electricity substation No 154 (whole site)
Marrickville Avenue
Lot B, DP 430090
State
I344
Marrickville
Brick retaining walls
Marrickville Road (eastern end) and Railway Parade
 
Local
I287
Marrickville
Letter box
Marrickville Road (near corner of Lilydale Street)
 
Local
I106
Marrickville
Former Marrickville Post Office, including interiors
274A Marrickville Road
Lot 1, Section 2, DP 5482
Local
I107
Marrickville
Marrickville Town Hall, including interiors
303 Marrickville Road
Lot 1, DP 804376
Local
I108
Marrickville
Marrickville Fire Station, including interiors
309 Marrickville Road
Lots 1 and 2, DP 1108824
Local
I109
Marrickville
Edwardian House—“Montrose”, including interiors
321 Marrickville Road
Lot 1, Section 2, DP 5482; Lot 2, DP 1083250
Local
I110
Marrickville
St Clement’s Church, Hall and Rectory, including interiors
332–334 Marrickville Road
Lot 1, DP 860839
Local
I111
Marrickville
St Brigid’s Church, Hall, Monastery, Shrine and grounds, including interiors
344–392 Marrickville Road
Lot 3, DP 1076759; Lot 1, DP 9223
Local
I112
Marrickville
Federation Arts and Crafts style mansion—“Parklands”, including interiors
448 Marrickville Road
Lot E, DP 2623
Local
I113
Marrickville
Stone house, including interiors
1 Myrtle Street
Lot 2, DP 774207
Local
I114
Marrickville
Electricity substation No 283 (whole site)
Piggot Lane
Lot 1, DP 320897
State
I337
Marrickville
Victorian filigree style free-standing villa
23 Premier Street
Lot A, DP 320862
Local
I346
Marrickville
Sewer ventilation stack and two adjoining Federation cottages, including interiors
24 and 26 Premier Street
Lots 17 and 18, Section 7, DP 1142
State
I115
Marrickville
Ferncourt Public School, including interiors
74 Premier Street
Lot 50, DP 107216
Local
I116
Marrickville
Victorian filigree style house—“Sarnie House”
94 Renwick Street
Lot X, DP 410894
Local
I348
Marrickville
Industrial facade
14 Rich Street
Lot C, DP 178259; Lots 2 and 3, DP 785027; Lot 4, DP 785028
Local
I117
Marrickville
Sandstone stonemason’s cottages
30 and 32 Schwebel Street
Lot 1, DP 901253; Lot 1, DP 926827
Local
I349
Marrickville
Electricity substation No 111 (whole site)
1 Shepherd Street
Lot 1, DP 430090
State
I350
Marrickville
Sims Metal Factory, including interiors
61–65 Shepherd Street
Lot 5, DP 785028
Local
I118
Marrickville
Victorian italianate style mansion—“Lauraville”, including interiors
2 Thompson Street
Lot 1, DP 1120426
Local
I119
Marrickville
Quarry and stone-walling
Thornley Street and Hampden Avenue
Lot 23, DP 609856
Local
I120
Marrickville
Cooks River Sewage Aqueduct (Sydney Water Heritage Asset no 4570953)
Thornley Street (vicinity)
Lots 38–40, Section 10, DP 1142
State
I121
Marrickville
Federation house, including interiors
28 Thornley Street
Lots 22 and 23, Section 10, DP 1142
Local
I122
Marrickville
Richardsons Lookout and gate posts
47A Thornley Street
Lots 1 and 3, DP 582062
Local
I123
Marrickville
Mill House, including interiors
34 Victoria Road (part)
Lot 100, DP 715231
Local
I124
Marrickville
Maronite Sisters Convent and High School (former Carmelite Convent), including interiors
194–210 Wardell Road
Lot 101, DP 1091233
Local
I27
Marrickville
Victorian cottage, including interiors
286 Wardell Road
Lot 1, DP 879004
Local
I126
Marrickville
Burial vaults
Warren Park
Lot 2, DP 582062
Local
I127
Marrickville
Group of 3 Victorian filigree style villas
6, 8 and 10 Warren Road
Lot A, DP 372900; Lot A, DP 101069; Lot 7, Section 1, DP 777
Local
I352
Marrickville
Pair of Victorian villas, including interiors
47 and 51 Warren Road
Lots 1 and 2, DP 2191
Local
I128
Marrickville
Victorian italianate style villa
61 Warren Road
Lot 1, DP 667382
Local
I354
Marrickville
Marrickville (Meeks Road) Railway substation
Way Street
Lot 1, DP 1012673
State
I388
Marrickville
Former Schwebel Family Quarry, including interiors
Wharf Road and Illawarra Road (rear of properties)
Lot 2, DP 338141; Lot 1, DP 615272; Lot 1, DP 311826; Lot 1, DP 913016; Lot 1, DP 956119; Lots 1 and 2, DP 300589; Lots 3–10, DP 10071
Local
I97
Marrickville
Wharf Street sewer pumping station No 68
Wharf Street
Lot 1, DP 311826
State
I355
Marrickville
Victorian villa—“Colchester”
11–13 Woodcourt Street
Lot 3, DP 7663
Local
I129
Newtown
Victorian Georgian house and stables, including interiors
38 and 54 Albermarle Street
Lot 1, DP 120229; Lot 1, DP 933727
Local
I130
Newtown
Victorian villa, including interiors
55 Albermarle Street
Lot B, DP 358613
Local
I131
Newtown
Victorian villa, including interiors
69 Albermarle Street
Lot 1, DP 120223
Local
I132
Newtown
Group of Federation Queen Anne style terrace houses, including interiors
63–69 Alice Street
Lots 1–4, DP 110571
Local
I133
Newtown
Courthouse Hotel, including interiors
202–204 Australia Street
Lot 1, DP 329342; Lots 1–3, DP 796705
Local
I134
Newtown
Courthouse and former Police Station, including interiors
218 Australia Street
Lot 1, DP 199559
Local
I135
Newtown
Australia Street Infants School, including interiors
229 Australia Street (including 73 Lennox Street)
Part Lot 1, DP 830304
Local
I136
Newtown
Newtown Town Hall, including interiors
1 Bedford Street
Lot 1817, DP 996797
Local
I137
Newtown
The Hub Theatre, including interiors
7—13 Bedford Street
Lot 19, DP 74761; Lot 2, DP 85819
Local
I390
Newtown
Bedford Street retail group, including interiors
15, 27 and 37 Bedford Street and 167 Probert Street
Lot 4, DP 33129; Part Lot 1, DP 1109296; Lot 14, DP 1041804; Lot 1, DP 107636
Local
I138
Newtown
St Joseph’s Roman Catholic Church, including interiors
49 Bedford Street
Lot 1, DP 86190
Local
I139
Newtown
J. Ratner & Co shop (former), including interiors
32 Camden Street (part)
Part Lot 1, DP 119022
Local
I140
Newtown
Corner shop, including interiors
88 Chelmsford Street
Lot 1, DP 853895
Local
I141
Newtown
St Joseph’s Boys School, including interiors
93 Chelmsford Street
Lot 1, DP 86189
Local
I309
Newtown
Group of Victorian style terraces, including interiors
92–98 Chelmsford Street
Lots 1–4, DP 28274
Local
I142
Newtown
St Stephen’s Church of England and Cemetery, including interiors
187 and 189 Church Street
Lot 1, DP 137465; Lot 1, DP 90249
State
I143
Newtown
Newtown Baptist Church, including interiors
191 Church Street
16691-3000
Local
I144
Newtown
Electricity substation No 1466a (whole site)
33A College Street
Lot 1, DP 119008
State
I356
Newtown
Josiah Gentle’s Victorian italianate style villa—“The Towers”, including interiors
15 Dickson Street
Lots 30 and 31, DP 2569
Local
I145
Newtown
Group of Victorian italianate style terrace houses—“Doris, Clifton, Tarana and Glenroy”, including interiors
17–23 Dickson Street
Lots 26–29, DP 2569
Local
I146
Newtown
St Pius Church, Church Hall and Presbytery, including interiors
290 Edgeware Road
Lots 1–7, Section 3, DP 128
Local
I147
Newtown
Former School of Arts, including interiors
5 Eliza Street
Lot 1, DP 1110477; Lot 1, DP 108098
Local
I148
Newtown
Dispensary Hall, including interiors
82–84 Enmore Road
Lots 55–57, DP 3605
Local
I149
Newtown
Stanmore House (at rear), including interiors
88–92 Enmore Road
Lots 50–52, DP 3605
State
I150
Newtown
Enmore Theatre, including interiors
118–132 Enmore Road
Lot 1, DP 955088; Lots 2–4, DP 62845
Local
I151
Newtown
Cragos Flour Mills site, including interiors
1 and 3 Gladstone Street
SP 74637; SP 80980
Local
I152
Newtown
“I Have a Dream” mural
305 King Street (eastern wall)
Lot C, DP 439135
Local
I357
Newtown
Former CBC Bank, including interiors
325 King Street
Lot 1, DP 798784
Local
I153
Newtown
Former ANZ Bank, including interiors
327 King Street
Lot 1, DP 54685
Local
I154
Newtown
Terrace with shops, including interiors
415A, 417, 417A, 419 and 419A King Street
Lots 1 and 2, DP 235183; Lot E, DP 107733; Lots 1–3, DP 219073
Local
I155
Newtown
Formerly “Molloys” shop, including interiors
539 King Street
Lot 1, Section A, DP 2186
Local
I156
Newtown
Shop counters, including interiors
555 King Street
Lot H, DP 33260
Local
I157
Newtown
Botany View Hotel, including interiors
597 King Street (corner Darley Street)
Lot A, DP 443127
Local
I158
Newtown
Sydney Park Hotel, including interiors
631 King Street
Lot 1, DP 956255
Local
I159
Newtown
Terrace housing, including interiors
2–24 Laura Street
Lot 1, DP 328606; Lots A and B, DP 338362; Lot 9, DP 441715; Lot 1, DP 331327; Lots 1–8, DP 441715
Local
I160
Newtown
Victorian terraces—“Church Avenue—1886” and “May”, including interiors
2–8 and 38–84 Lennox Street
Lot B, DP 179846; Lots 1–3, DP 106450; Lots 1–10, DP 259844; Lot 2, DP 778630; Lots 1–11, 13 and 14, DP 443934
Local
I161
Newtown
Coronation Hall—Federation Arts and Crafts style hall, including interiors
95–103 Lennox Street
Lot 1, DP 799247; Lot 140, Section 4, DP 7
Local
I162
Newtown
Former electricity substation
134 Lennox Street
Lot 1, DP 82162
Local
I163
Newtown
Semi-detached house, including interiors
2 and 4 Margaret Street
Lots A and B, DP 441573
Local
I164
Newtown
Victorian terrace, including interiors
18–24 Oxford Street
Lots 3–6, DP 225310
Local
I165
Newtown
St Joseph’s Girls’ School and St Bede’s Convent and Presbytery, including interiors
26 and 36 Oxford Street
Lot 1, DP 595079; Lot 1, DP 725270
Local
I166
Newtown
Electricity substation No 1508 (whole site)
123 Probert Street
Lot 1, DP 58260; Lot 1, DP 58261
State
I358
Newtown
Villa—“Ferndale”, including interiors
1 Samuel Kent Lane
Lot 52, DP 1048316
Local
I167
Newtown
Victorian italianate style villa—“Butleigh”, including interiors
8 Simmons Street
Lot 1, DP 76518
Local
I168
Newtown
Victorian italianate style villa—“Yarrowa”, including interiors
18 Simmons Street
Lot 1, DP 307435; Lot 1, DP 996037
Local
I169
Newtown
Pressure Tunnel Shaft (Sydney Water heritage asset no 4570942)
2–14 Station Street
Lot 1, DP 1799302
State
I170
Newtown
Masonic Hall, including interiors
38 Station Street
Lot 1, DP 81784
Local
I171
Newtown
Ulster House and Ulster Terrace—Victorian terrace houses, including interiors
48–80 Station Street
Lots 1–6 and 8–17, DP 913687; Lot 71, DP 819632
Local
I172
Newtown
Terrace housing, including interiors
51, 51A, 53, 53A, 55, 55A, 57, 57A, 59, 59A, 61, 61A, 63, 63A, 65 and 67 Station Street
Lots 1–8, Section 2, DP 339
Local
I173
Newtown
Victorian italianate and Federation period transitional style semi-detached pair of houses, including interiors
4 and 6 Trade Street
Lot Y, DP 162822; Lot B, DP 447564
Local
I174
Newtown
Group of Victorian italianate and Federation period transitional style terraces, including interiors
29–37 Trade Street
Lots 1–5, DP 518803
Local
I175
Newtown
Camdenville Public School, including interiors
127–137 Wells Street
Lots A and B, DP 442207; Lots A and B, DP 437043; Lots A and B, DP 434860; Lots A and B, DP 106302; Lots 18–34, Section 3, DP 128
Local
I176
Petersham
Pressure Tunnel Shaft (Sydney Water heritage asset no 4570942)
Corner Albert Street and Chester Street (excluding 30 Chester Street)
Lot 8, DP 18245
State
I177
Petersham
Federation period shop including original shopfront and original interior detailing, including interiors
110 Audley Street
Lot 2, DP 934028
Local
I178
Petersham
Inter-war Art Deco style residential flat buildings (one of three) “Montroy”, including interiors
112 Audley Street
SP 1135
Local
I179
Petersham
Inter-war Art Deco style residential flat buildings (one of three) “Kanimbla”, including interiors
114 Audley Street
Lot A, DP 334562
Local
I180
Petersham
Group of Victorian shops, including interiors
16 and 18 Brighton Street and 45B Railway Street
Lot 49, Section 11, DP 258; Lot A, DP 409552
Local
I181
Petersham
Victorian former hotel, including interiors
23 Brighton Street
Lot 1, DP 100852
Local
I182
Petersham
Electricity substation No 1447 (building and immediate surrounds)
30 Brighton Street
Lot 6, Section 11, DP 111207
State
I359
Petersham
W. MacFarlane Furniture Store and Workshop, including interiors
48 Charles Street
Lot 11, DP 785635
Local
I183
Petersham
Electricity substation No 251 (building only)
30 Chester Street
Lot A, DP 317435
State
I360
Petersham
Former Eversleigh Hospital, including interiors
1–3 Coronation Avenue
SP 72114
Local
I184
Petersham
Petersham TAFE, including interiors
25 Crystal Street
Lot 101, DP 1221608
Local
I185
Petersham
Victorian Georgian style villa—“Trelowarren”, including interiors
89 Crystal Street
Lot 1, DP 650007
Local
I186
Petersham
Former 5th Church of Christ, Scientist, including interiors
96 Crystal Street
Lot 1, DP 723233
Local
I187
Petersham
Petersham Town Hall, including interiors
107 Crystal Street
Lot 1, DP 905358; Lot 1, DP 724300; Lot 52, Section 56, DP 976735
Local
I188
Petersham
Terrace housing, including interiors
109–123 Crystal Street
Lots A and B, DP 441211; Lots 1–4, DP 232867; Lots B and C, DP 374291
Local
I189
Petersham
ANZ Bank (former), including interiors
125 Crystal Street
Lot 21, Section 1, DP 978577
Local
I190
Petersham
Group of Victorian houses, including interiors
1–5 Fisher Street
Lot 1, DP 921294; Lot 1, DP 520586; Lot 1, DP921295
Local
I191
Petersham
Group of flat buildings—“Valencia”, including interiors
17 and 17A Fort Street and 15–19 Railway Street
SP 20522; SP 17078; Lots 3 and 4, DP 16100; 20751
Local
I192
Petersham
Petersham Girls School (former), including interiors
2 Gordon Street
Lot 1, DP 835049
Local
I230
Petersham
Petersham Presbyterian Church and Parish Hall, including interiors
2A Gordon Street
Lot 16, Section 1, DP 275
Local
I193
Petersham
Horse trough
Closed section of John Street (next to 298 Stanmore Road)
 
Local
I194
Petersham
“Beynon and Heyward” building
6 Livingstone Road
Lot 11, DP 114054
Local
I361
Petersham
Victorian house, including interiors
46–48 Livingstone Road
Lot 1, DP 901506
Local
I195
Petersham
Former Salvation Army College, including interiors
55 Livingstone Road, Petersham
Lot 1, DP 663510
Local
I196
Petersham
Late Victorian terrace with carriageway, including interiors
58–62 Margaret Street
Lots 1 and 2, DP 910712; Lot 1, DP 982270
Local
I197
Petersham
Victorian filigree style villa—“Valetta”, including interiors
21–23 Marshall Street
Lots 1 and 2, DP 797571
Local
I198
Petersham
Victorian italianate style villa—“Lyndhurst”, including interiors
1 Middleton Street
Lot 1, DP 65870
Local
I199
Petersham
Victorian villa—“Richmond”, including interiors
13 Middleton Street
Lot 1, DP 87625
Local
I200
Petersham
Petersham Reservoir and site, gate and fence, including interiors
New Canterbury Road
Lot 1, DP 744897
State
I201
Petersham
Petersham Police Station, including interiors
2 New Canterbury Road
Lot 1, DP 781265
Local
I202
Petersham
Egyptian Room Scottish Royal Arch Temple, including interiors
23–25 New Canterbury Road
Lot 3, Section 18, DP 111207; Lot B, DP 300647
State
I203
Petersham
Vaudeville Theatre (former), including interiors
49 New Canterbury Road
Lot 1, DP 650434
Local
I204
Petersham
Commercial Bank Co. Sydney Building—former, including interiors
114 New Canterbury Road
Lot 1, DP 970714
Local
I205
Petersham
Late Victorian villa, including interiors
19 Palace Street
Lot 19, DP 499813
Local
I206
Petersham
Group of Victorian villas and stables—“Zanobi”, including interiors
21–25 Palace Street
Lots 1–3, DP 1309
Local
I207
Petersham
Corner shop, including interiors
74 Palace Street
Lot 1, DP 633917
Local
I208
Petersham
Petersham Inn Hotel, including interiors
386 and 396 Parramatta Road and 1–5 Phillip Street
Lots 10 and 11, DP 67608; Lots 1 and 2, DP 67607
Local
I209
Petersham
The Clarence Hotel, including interiors
450 Parramatta Road (corner Crystal Street)
Lot 1, DP 67121
Local
I210
Petersham
William Wilkins Building—Fort Street High School, including interiors
620 Parramatta Road
Lot 3, DP 826604
Local
I211
Petersham
Pair of Victorian villas—“Glenthorn” and “Glenrock”, including interiors
2–4 Railway Street
Lots 1 and 2, DP 906950
Local
I212
Petersham
Victorian villa, including interiors
23 Railway Street
Lot 1, DP 931757
Local
I213
Petersham
Petersham Uniting Church, including interiors
32A Railway Street
Lot 1, DP 794939
Local
I215
Petersham
Inter-war Art Deco style residential flat building, including interiors
2A Sadlier Crescent
Lot C, DP 334562
Local
I216
Petersham
“Tresillian”—2 storey Federation Queen Anne style mansion; 1920s nurse’s home; garden, including interiors
2–4 Shaw Street
Lot 1, DP 571836; Lot 2, DP 955354; Lot 1, DP 57514
Local
I218
Petersham
Victorian italianate villa—“Trethaway”, including interiors
18 Shaw Street
Lots 4–7, Section B, DP 642
Local
I219
Petersham
Maundrell Park and pergolas, stone steps and seating and dwarf boundary wall
Stanmore Road
Lot 1, DP 79676; Lots 1–5, DP 1130318
Local
I220
Petersham
Victorian italianate style commercial/retail building—“Newington”, including interiors
256 Stanmore Road
Lot 1, DP 923371
Local
I221
Petersham
Newington Inn Hotel, including interiors
292 Stanmore Road
Lot 20, DP 748176
Local
I222
Petersham
Stanmore Fire Station, including interiors
308–314 Stanmore Road
Lot 1, DP 723900; Lot 1, DP 723936
Local
I223
Petersham
All Saints Anglican Church, including interiors
325 Stanmore Road
Lot 73, DP 52804
Local
I224
Petersham
Petersham Park including park and stone boundary walls, pergolas and memorial gates
2 Station Street
Lots 7025 and 7026, DP 1060136; Lot 7048, DP 1060137
Local
I225
Petersham
Petersham Railway Station group, including interiors
Terminus Street (and Trafalgar Street)
Part Lot 1, DP 868501
State
I226
Petersham
White Cockatoo Hotel, including interiors
30 Terminus Street (corner Railway Street)
Lot 1, DP 651726; Lot 2, DP 61813
Local
I227
Petersham
Indoor mural
36 Terminus Street
Lot 1, DP 743501
Local
I362
Petersham
Horse trough
Trafalgar Street
 
Local
I228
Petersham
Streets names in red letters marked in cement footpath paving in the former Municipality of Petersham
Various
 
Local
I310
Petersham
Victorian Georgian style weatherboard cottage, including interiors
2 York Crescent
Lot 1, DP 69455
Local
I232
Petersham
Victorian Georgian style villa—“Louisville”, including interiors
18 York Crescent
Lot 1, DP 77793
Local
I233
Stanmore
Victorian italianate Building, including interiors
135 and 137 Albany Road
Lots 1 and 2, DP 105251
Local
I234
Stanmore
Stanmore Baptist Church, including interiors
138A–140 Albany Road
Part Lot 19 and Lots 20–24, Section K, DP 2992
Local
I235
Stanmore
Brick factory (former), including interiors
2–6 Bridge Road
Lot 73918
Local
I236
Stanmore
Victorian italianate style villa—“Mariola”, including interiors
53 Cambridge Street
Lot 3, DP 19946
Local
I237
Stanmore
Victorian Gothic villa and outbuilding, including interiors
95 Cambridge Street
Lot 12, DP 788058
Local
I238
Stanmore
Stanmore Public School, including interiors
96 Cambridge Street
Lots 2 and 3, DP 926517; Lot 1, DP 725592; Lots 4–6, Section 8, DP 1; Lot 1, DP 122999; Lot 1, DP 123000; Lot 1, DP 123001; Lot 1, DP 123002; Lots A and B, DP 356811; Lot 1, DP 122998; Lot 1, DP 123017; Lot 1, DP 105001; Lot 1, DP 915874; Lot 1, DP 900311
Local
I239
Stanmore
Victorian villa—“Horaceville”, including interiors
129–133 Cambridge Street
Lot 1, DP 1135958
Local
I240
Stanmore
Aboriginal Education Consultative Group Office and Records, Victorian italianate style villa—“Carfield”, including interiors
37 Cavendish Street
Lot B, DP 322675
State
I241
Stanmore
Victorian villa, including interiors
40–42 Cavendish Street and 61–75 Stanmore Road
Lots 11 and 12, DP 532846; Lot 4, DP 930844; Lot 1, DP 930862; SP 56364; Lot 1, DP 931867; Lot 1, DP 932304; Lot 1, DP 905413; Lot 37, DP 656574;
Local
I242
Stanmore
Hughenden terrace, including interiors
59–67 Cavendish Street
Lots A–E, DP 26942
Local
I243
Stanmore
Group of Victorian filigree style villas, including interiors
78–86 Cavendish Street
Lot 1, DP 68274; Lot 1, DP 85583; Lot 100, DP 621045; Lot 1, DP 995237
Local
I244
Stanmore
Denesthorpe Terrace—four pairs of Victorian filigree style semi-detached houses, including interiors
81–95 Cavendish Street
Lots 1–8, DP 238816
Local
I245
Stanmore
Former gatehouse to Annandale Farm (located off Corunna Lane), including interiors
96 Corunna Road (rear of site only)
Lot 17, Section C2, DP 3567
Local
I246
Stanmore
Brick sewer vent and Edwardian cottage, including interiors
125 Corunna Road
Lot 14, Section A2, DP 3325
State
I247
Stanmore
Stanmore Railway Station group, including interiors
Douglas Street
 
State
I248
Stanmore
Two Victorian villas, including interiors
56 and 58 Douglas Street
Lots 19 and 20, Section G, DP 2871; Lot 1, DP 919391
Local
I249
Stanmore
Victorian villa—“Essington”, including interiors
34 Gordon Crescent
Lots 1 and 2, DP 788626
Local
I250
Stanmore
Victorian italianate villa, including interiors
38 Gordon Crescent
Lots 11, 12, 23 and 24, Section D, DP 1336; Lot 1, DP 922786
Local
I251
Stanmore
Victorian italianate villa—Convent of Mercy, including interiors
27 Myrtle Street
Lot 720, DP 609196
Local
I252
Stanmore
Olympia Milk Bar, including interiors
190 Parramatta Road
Lot 4, Section C, DP 3567
Local
I253
Stanmore
Weekley Park and pergolas and dwarf boundary wall
Percival Road
Lot 1, DP 970392; Lots 18–21 and 74–78, Section Y, DP 4705; Lot 7034, DP 93583
Local
I254
Stanmore
Federation filigree style corner shop, including interiors
83 Percival Road
Lot 1, Section W, DP 3782
Local
I255
Stanmore
Former State Bakery, including interiors
92–96 Percival Road
SP 63804
Local
I256
Stanmore
Federation period shop with original shopfront, including interiors
102 Percival Road
Lot 1, DP 105512
Local
I257
Stanmore
Salisbury Hotel, including interiors
118–120 Percival Road (corner Temple Street)
Lot 1, DP 1042273
Local
I258
Stanmore
Former bakery and ovens and shop facades, including interiors
118–124 Percival Road (part)
Lot 1, DP 1042273; Lots 2 and 3, DP 815533
Local
I259
Stanmore
Group of inter-war flat buildings, including interiors
2–12 Phillip Street
Lots A–F, DP 340571
Local
I260
Stanmore
Group of Federation cottages—“Wilga”, “Eddington”, “Irene”, “Otago”, “Kiora”, “Killara”, “Dorothy” and “Etham”, including interiors
6–24 Railway Avenue
Lots 1–10, DP 244989
Local
I261
Stanmore
Victorian villa—“Dundoos”, including interiors
50 Railway Avenue
Lots 1 and 2, Section P, DP 1933
Local
I262
Stanmore
Villa—“Bombara”, including interiors
88 Stanmore Road
Lot 51, DP 654999
Local
I263
Stanmore
Newington College—Grounds and Founder’s Building, including interiors
244 Stanmore Road
Lot 8, DP 710369
Local
I264
Stanmore
Newington College—Gate House, including interiors
244 Stanmore Road
Lot 8, DP 710369
Local
I265
Stanmore
Former Methodist Church—Newington College, including interiors
244 Stanmore Road
Lot 8, DP 710369
Local
I266
Stanmore
Polychrome brickwork cottage, including interiors
32 Temple Street
Lot 40, Section B, DP 1336
Local
I267
Stanmore
Railway underbridge
Trafalgar Street
Lot 2048, DP 1129040
State
I363
Stanmore
Group of 4 Victorian villas, including interiors
223–229 Trafalgar Street
Lots 10 and 14, Section 1, DP 220; Lot 1, DP 131860; Lot 13, DP 664100; Lot 1, DP 510794
Local
I268
St Peters
Alexandra Canal
Canal Road
Part Lot 13, DP 1050464
State
I270
St Peters
Cooks River container terminal
20 Canal Road
Lot 22, DP 1069118; Part Lot 1, DP 1048243
State
I366
St Peters
St Peters Public School, including interiors
93A Church Street
Lot 1, DP 562252; Lot 1, DP 798935; Lot 1, DP 798934; Lots 1–4, DP 799518; Lots 1 and 2, DP 798936; Lot 1, DP 797303
Local
I271
St Peters
Federation warehouse
45 Edith Street
SP 93624
Local
I367
St Peters
St Peters Railway Station group, including interiors
King Street
Lot 1, DP 65188
State
I272
St Peters
Terrace housing, including interiors
105–119 May Street
Lots 1–8, DP 879483
Local
I273
St Peters
Electricity substation No 549 (whole site)
Princes Highway
Lot 1, DP 190505
State
I369
St Peters
Whitehorse Hotel
161 Princes Highway
Lot 1, DP 955053
Local
I370
St Peters
St Peter’s Church of England, including interiors and cemetery
187 and 211 Princes Highway
Lot 1, DP 233214
State
I275
St Peters
Service garage
316 Princes Highway
Lot A, DP 335583
Local
I276
St Peters
Southern Cross Hotel, including interiors
340 Princes Highway (corner Canal Road)
Lot 1, DP 573943; Lots 3–6, DP 16867
Local
I277
St Peters
Victorian filigree style mansion—“Claraville”, including interiors
21–23 Silver Street
Lots 1 and 2, DP 592840
Local
I278
St Peters
Group of retail premises, including interiors
47 and 52 Sutherland Street (including 46 Frederick Street, Sydenham)
Lot 1, DP 100762; Lot 24, Section A, DP 726; Lot A, DP 439103; Lot 23, Section E, DP 726
Local
I279
St Peters
Waugh & Josephson industrial buildings former—Inter-war Functionalist Showroom and offices and workshop, including interiors
1–7 Unwins Bridge Road
Lot 100, DP 629032
Local
I280
St Peters
Town and Country Hotel, including interiors
2 Unwins Bridge Road (corner Campbell Road)
Lot 1, DP 174051
Local
I281
St Peters
Group of Victorian filigree and Victorian italianate terrace houses—“Narara”, including interiors
4–18 Unwins Bridge Road
Lot 1, DP 772214
Local
I282
St Peters
Remaining brick road and footpath paving and stone guttering
Victoria Street (near 2 Bishop Street)
 
Local
I283
Sydenham
Brick kerb and sandstone kerb guttering
George Street, Henry Street, Park Road, Park Lane, Railway Lane, Rowe Lane, Reilly Lane and Stewart Lane
 
Local
I284
Sydenham
Victorian filigree terrace and engineering workshop at rear, including interiors
88 George Street
Lot 7, Section J, DP 898
Local
I285
Sydenham
Sydenham Railway Station group, including interiors
Gleeson Avenue
Lot 11, DP 862287
State
I286
Sydenham
Victorian filigree style sandstone faced residence, including interiors
3–47 Railway Road (part only)
Lot 3, DP 878225
Local
I288
Sydenham
St Mary and St Mina Coptic Orthodox Church, including interiors
24A Railway Road
Lots 82–84, DP 750
Local
I289
Sydenham
General Gordon Hotel, including interiors
20 Swain Street (corner Burrows Avenue)
Lot 1, DP 630174
Local
I290
Sydenham
St Peters Town Hall, including interiors
39 Unwins Bridge Road
Lots 1 and 2, DP 976769
Local
I291
Sydenham
Gothic and italianate house—“Carthness”, including interiors
41 Unwins Bridge Road
Lot 4, DP 59076
Local
I292
Sydenham
Electricity substation No 43 (whole site)
204 Unwins Bridge Road
Lot 18, Section H, DP 726
State
I293
Tempe
Timber slab cottage, including interiors
44 Barden Street
Lot 1, DP 195769
State
I294
Tempe
Group of stone houses and stone quarry, including interiors
1, 3, 11 and 13 Collins Street and 137 Unwins Bridge Road (including rear of 23–31 Toyer Street)
Lots 4, 5, 9 and 10, DP 1423; Lot 2, Section 13, DP 1551
Local
I295
Tempe
Pair of sandstone semi-detached houses
31 and 33 Cook Street
Lots 1 and 2, DP 207322
Local
I374
Tempe
Tempe Bus Depot site, including interiors
1B Gannon Street (also known as 745–763 Princes Highway) and 1 Tramway Street
Part Lot 1, DP 724918; Lot 1710, DP 1140035; Lot 1, DP 925726
Local
I274
Tempe
Tempe Railway Station group, including interiors
Griffiths Street
Lot 1, DP 878290
State
I296
Tempe
Former Methodist Chapel
47 Hart Street
Lot 1, DP 435146
Local
I375
Tempe
Brick paving
Hillcrest Street and Hillcrest Lane
 
Local
I297
Tempe
Victorian villa—“Lymerston”, including interiors
22 Hillcrest Street
Lot 101, DP 703030
Local
I298
Tempe
Victorian Italianate style villa—“Glenora”
6 Lymerston Street
Lots 3 and 4, DP 1467
Local
I377
Tempe
Potential archaeological site (including sandstone wall facing Berne Street)
370 Princes Highway
Lots 75 and 76, DP 1224416
Local
I378
Tempe
Electricity substation No 200 (whole site)
589A Princes Highway
Lot 1, DP 313659
State
I386
Tempe
Westpac Stores Department and Penfolds Wine Cellars (former), including interiors
688 and 728 Princes Highway (part only)
Lot A, DP 385209; Lot 1, DP 213101; Lot 2, DP 803493
Local
I299
Tempe
Tempe Hotel, including interiors
735 Princes Highway
Lot 2, DP 33100
Local
I300
Tempe
Former Commonwealth bank—Inter-war functionalist style building
838 Princes Highway
Lot 1, DP 449862
Local
I380
Tempe
Tempe Police Station (former), including interiors
846–854 Princes Highway
Lot 1, DP 783720
Local
I301
Tempe
Riverview and Irish Harp Hotel, including interiors
898–904 Princes Highway
Lots 1 and 2, DP 124354
Local
I302
Tempe
Morton Bay fig tree
43 South Street
Lot B, DP 331917
Local
I303
Tempe
Tempe Station Master’s cottage—former, including interiors
86 Station Street
Lot 21, DP 1053830
Local
I304
Tempe
Group of 3 War Widow’s Houses—“Pozieres” (No 4), “Coramie” (No 6) and “Messines” (No 8)
4, 6 and 8 Tramway Street
Lots 20–22, DP 8154
Local
I381
Tempe
Electricity substation No 36 (front portion of site only—excludes rear lot)
11 Union Street
Lot 13, DP 6521
State
I387
Tempe
Victorian Villa—“Hurlingham”, including interiors
60 Union Street
Lot 1, DP 127335
Local
I305
Tempe
Former Church of Christ, now Siaolo (Tongan) Congregation Uniting Church
62 Union Street
Lot 1, DP 321816
Local
I382
Tempe
Tempe Public and High Schools, including interiors
119 and 368 Unwins Bridge Road
Lots 1 and 2, DP 828095
Local
I306
Tempe
Milford Haven—Colonial bungalow, including interiors
125 Unwins Bridge Road
Lot E, DP 311769
State
I307
Tempe
Quarry Master’s residence
139 Unwins Bridge Road
Lot 3, Section 13, DP 1551
Local
I383
Tempe
Federation style house—“Jane O’Brien’s House”
24 Quarry Street
Lot 15, Section 14, DP 60038
Local
I376
Tempe
Kendrick Park
View Street
Lot 796, DP 752049; Lots 2, 3, 17 and 18, Section 19, DP 57638; Lot 1, DP 124369; Lot 1, DP 723865
Local
I308
Tempe
Quarry Cliff Face Wells Avenue and Edgar Street
Opposite 3–15 Wells Avenue, rear property boundaries of 11–21 Edgar Street and along north-eastern boundary of 135 Unwins Bridge Road
Lot B, DP 386161; Lot C, DP 396603; Lots 1–4, DP 7716; Lot 1, Section 13, DP 1551
Local
I311
Part 2 Heritage conservation areas
Note—
Heritage conservation areas are shown on the Heritage Map by a red outline with red hatching and labelled with the relevant map reference number.
Locality
Name of heritage conservation area
Significance
Map reference
Camperdown
Camperdown Park
Local
C10
Camperdown
Hopetoun-Roberts-Federation Streets
Local
C9
Camperdown/ Newtown
North Kingston Estate
Local
C11
Camperdown/ Stanmore/Petersham
Parramatta Road Commercial Precinct
Local
C5
Dulwich Hill
Dulwich Hill Commercial Precinct
Local
C28
Dulwich Hill
Hoskins Park & Environs
Local
C36
Dulwich Hill
The Abergeldie Estate
Local
C1
Enmore
Camden Street and James Street
Local
C38
Enmore
Enmore-House
Local
C13
Lewisham
Lewisham Estate
Local
C26
Marrickville
Civic Precinct
Local
C30
Marrickville
David Street
Local
C31
Marrickville
Inter-War Group—Hollands Avenue; Jocelyn Avenue and Woodbury Street
Local
C35
Marrickville
Llewellyn Estate
Local
C14
Marrickville
Norwood Park Estate
Local
C19
Marrickville
Porter’s Brickworks Estate
Local
C24
Newtown
Enmore-Newtown
Local
C12
Newtown
Holmwood Estate
Local
C15
Newtown
King Street and Enmore Road
Local
C2
Petersham
Audley Street South (Bayswater Estate)
Local
C20
Petersham
Hordern Avenue
Local
C27
Petersham
Jarvie Avenue
Local
C23
Petersham
Morgan Street
Local
C22
Petersham
Petersham Commercial Precinct
Local
C25
Petersham
Petersham North
Local
C3
Petersham
Petersham South (Norwood Estate)
Local
C18
Petersham
Railway Street (Petersham)
Local
C4
Petersham
Rathlin Estate
Local
C21
St Peters
Goodsell Estate
Local
C16
St Peters
Lackey Street and Simpson Park
Local
C37
Stanmore
Annandale Farm
Local
C6
Stanmore
Cardigan Street
Local
C8
Stanmore
Kingston South
Local
C17
Stanmore
Kingston West
Local
C7
Tempe
Collins Street
Local
C32
Tempe
Wells Avenue
Local
C33
Tempe
Stanley Street
Local
C34
Part 3 Archaeological sites
Locality
Item
Address
Property description
Significance
Item no
Camperdown
Kingston Fowler’s Pottery Archaeological site
139–143 Parramatta Road, 43 Australia Street, Derby Place, 32–36 and 27–35 Denison Street, Part of Denison Street, part of Australia Street
Lot 2, DP 1183831; Lots 1–8, DP 1078125; Lot 1, DP 818033; Derby Place; Part of Denison Street; Part of Australia Street
Local
A-07-1
Enmore
Enmore House Archaeological site
23–47 Metropolitan Road and part of Metropolitan Road
Lot 1, DP 909931; Lot 1, DP 909251; Lot 1, DP 910380; Lots 88, 89, 92–96, Section 2, DP 1166; Lot A, DP 188568; Lots X and Y, DP 438282
Local
A-11-2
Lewisham
Former Petersham Cemetery Archaeological site
Part of 2B West Street, part of 3 Thomas Street, part of pedestrian walkway between Thomas Street and West Street on the northern side of the railway line and part of West Street
Lot 1, DP 1116995; Lot 22, DP 827632; part of pedestrian walkway between Thomas Street and West Street and part of West Street
Local
A-15-3
Marrickville
Harnleigh Archaeological site
6A and 7A Harnett Avenue, 2–6 Roach Street and part of Roach Street
Lots 13–15, DP 1733; Part of Roach Street; Lot A, DP 373318; Lots 1–3, DP 309439; Lot 1, DP 920687; Lot 1, DP 923334
Local
A-17-4
Marrickville
The Warren Archaeological site
54–68 Premier Street, 2–22 Mansion Street, 1–18 Richards Avenue, Richards Avenue, 1–3 Holts Crescent, Holts Crescent, 1–21 McGowan Avenue, McGowan Avenue, and 47A Thornley Street (Richardsons Lookout)
Lots 1–22, Sec A, DP 10854; Lots 1–7 and 10–24, Section B, DP 10854; Lots 1 and 2, DP 1116566; Lots 1, 3, 4 and 5, DP 582062; Richards Avenue; Holts Crescent and McGowan Avenue
Local
A-17-5
Newtown
Brady’s House and Enmore Town Houses Archaeological site
59-81 Enmore Road and part of Wilford Lane
Lot 11, DP 1152825; Lots 1-34 and CP/ SP 83565; Lot F, DP 443979; Lots 1, 2 and 4, DP 571460; Lot 31, DP 808310
Local
A-18-6
Newtown
Stanmore House Archaeological site
88–92 Enmore Road
Lots 50–52, DP 3605
State
A-18-7
Newtown
Thurnbey Archaeological site
1–13 Phillip Street
Lots A and B, DP 437310; Lots 1 and 2, DP 1207441 Lots 4–7, Section 2, DP 6051
Local
A-18-8
Newtown
St Stephen’s Cemetery Archaeological site
187 Church Street
Lot 1, DP 137465; Lot 596, DP 752049
Local
A-18-9
Newtown
Bello Retiro Archaeological site
1–15 Darley Street, part of Darley Lane, Maria Lane and 2A–8 Wells Street
Lot 91, DP 703535; Lots 1–18 and CP/SP 16402; Lot D, DP 333571; Lots 1 and 2, DP 608046; Lots 1 and 2, DP 222322; Lot 1, DP 912464; Lot 1, DP 921768
Local
A-18-10
Newtown
Holmwood Archaeological site
13, 13A, 15A and 15 Dickson Street
Lots 30–35, Section B, DP 2569
Local
A-18-11
Newtown
Reibey House Archaeological site
31–35 Station Street
Lots 1–64 and CP/SP 13845
Local
A-18-12
Newtown
Camden Villa Archaeological site
95–141 Station Street, 118–158 Station Street and part of Station Street
Lots 1–9, DP 710339; Lot 1, DP 1204809; Lots 1 and 2, DP 524203; Lots 21, 26–36, 40–49, DP 2257; Lots 1–3, DP 107405; Lot 2, DP 318357; Lot 1, DP 1130043; Lot 2, DP 340460; Lots 1 and 2, DP 597665; Lots 1–5, DP 108211; Lot 1, DP 908073; Lot 29, DP 660892; Lots 1 and 2 and CP/SP 85515; and part of Station Street
Local
A-18-13
Petersham
Sydenham House Archaeological site
67–77 New Canterbury Road and 31 Gordon Street
Lots A, B, C, D, E and F, DP 27818; Lot 10, DP 717391
Local
A-19-14
Petersham
Sara Dell Archaeological site
620 Parramatta Road
Lot 3, DP 826604
Local
A-19-15
Petersham/Lewisham
Petersham House Archaeological site
5A Railway Terrace and Part 29 West Street
Lots 1 and 3, DP 1031741; Lot 3, Section 1, DP 240; Lot 1, DP 929435
Local
A-19-16
Petersham
Terminus Cottage Archaeological site
21–27 Searl Street and part of Searl Street
Lot 1, DP 186558; Lot 1, DP 190030; Lots A and B, DP 370545
Local
A-19-17
Stanmore
Annandale House Archaeological site
68–116 Albany Road, part of Percival Avenue, part of Albany Lane, 79–117 Macaulay Road, part of Macaulay Road and part of 40–66 Northumberland Avenue
Part of Percival Avenue; Part of Macaulay Lane; Part of Macaulay Road; Part of Northumberland Lane West; Lots 11–35, 49–61, 65 and 66 and 71–73, Section Z, DP 4705 Lot 1, DP 608994 Lots 1 and 2, DP 531394 Lots 1 and 2, DP 703401 Lots 1 and 2, DP 703402 Lots 1 and 2, DP 364590 Lot X and Y, DP 107183 Lot L and M, DP 1417781 Lot X and Y, DP 442725 Lots 1 and 2, DP 106639
Local
A-21-18
Stanmore
Woerden Archaeological site
80 Cambridge Street
Lot 41, DP 739919; Lot 3,DP 554452
Local
A-21-19
Stanmore
Newington Archaeological site
244 Stanmore Road
Lot 8, DP 710369
Local
A-21-20
St Peters
Finningham Archaeological site
176 Princes Highway
Lot 6, DP 818380
Local
A-22-21
St Peters
St Peters Church of England and Cemetery
187 Princes Highway
Part Lot 1, DP 233214
Local
A-22-22
St Peters
Petersleigh Archaeological site
310 Princes Highway
Lot 1, DP 788037
Local
A-22-23
St Peters
Heathcote Archaeological site
340 Princes Highway
Lots 4–8, DP 1224273
Local
A-22-24
St Peters
Nun-Cotnook Archaeological site
364–370 Princes Highway
Lots 75–77, DP 1224416
Local
A-22-25
St Peters
Silverleigh Archaeological site
9 Unwins Bridge Road
Lot 1, DP 1002775
Local
A-22-26
Sydenham
The Grove Archaeological site
1–45 George Street and 2–52 Yelverton Street
Lot 1, DP 430105; Lots 1–4, DP 33496; Lots E, F, G and H, DP 441008; Lots A, B, C and D, DP 34202; Lots 1–12, DP 438533; Lot 1, DP 971187; Lot 1, DP 971075; Lot 1, DP 970798; Lots 20–39, DP 1224689
Local
A-24-27
Sydenham
Tivoli Archaeological site
42 Reilly Lane, Land in and around Hilton Avenue and Railway Lane
Lots 1–7, DP 16124; Closed Road (Lot 1, DP 129216); Hilton Avenue; Lot 3, DP 841307; Part of Railway Lane
Local
A-24-28
Tempe
Bellevue Archaeological site
5–7 Bellevue Street
Lots 101 and 102, DP 1149125
Local
A-25-29
Tempe
Marionette Archaeological site
1–15 Lymerston Street and 2A–26 Samuel Street
Lots 13, 14, 17–25 and 27–31, DP 3906; Lot 1, DP 972373; Lot 16, DP 658553; Lot 1, DP 1031603; Lot 26, DP 667388
Local
A-25-30
Tempe
The Poffle Archaeological site
750 Princes Highway
Lot 2, DP 803493
Local
A-22-29
Tempe
Gannon’s Inn Archaeological site
765–773 Princes Highway, 8 Gannon Lane and Gannon Lane
Lots A, B and C, DP 173539; Lots A and B, DP 322409; and Gannon Lane
Local
A-25-32
sch 5: Am 2013 (619), Sch 1 [7]–[18]; 2015 (682), Sch 1 [15]–[18]; 2017 (222), Sch 1 [8]–[12]; 2017 (267), cl 5; 2017 (412), cl 5; 2017 (747), Sch 1 [1]–[4]; 2020 (247), cl 5; 2020 (722), Sch 1[41]–[52].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division—
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
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 Marrickville Local Environmental Plan 2011 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. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
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.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a)  a retail area for the sale of the products,
(b)  a restaurant or cafe,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
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 or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of 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 or place—
(a)  that provides residents with a principal place of residence for at least 3 months, and
(b)  that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c)  that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d)  used to provide affordable housing, and
(e)  if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
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—
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to 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.
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 10.3(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 funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, 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.
centre-based child care facility means—
(a)  a building or place used for the education and care of children that provides any one or more of the following—
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include—
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
Note—
Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.
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.
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 Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
co-living housing means a building or place that—
(a)  has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
(b)  provides occupants with a principal place of residence for at least 3 months, and
(c)  has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,
but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.
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 Inner West Council.
creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.
Note—
Creative industries are a type of light industry—see the definition of that term in this Dictionary.
crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place contains an associated building for conducting memorial services.
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 generally feed by grazing on living grasses and other plants on the land and 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.
data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.
Note—
Data centres are a type of high technology industry—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.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
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—
(a)  making or generating electricity, or
(b)  electricity storage.
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 (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
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, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms 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 Marrickville Local Environmental Plan 2011 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, shown as “Land below Foreshore Building Line” on the Foreshore Building Line Map.
foreshore building line means the line shown as the “Foreshore Building Line” on the Foreshore Building Line Map.
Foreshore Building Line Map means the Marrickville Local Environmental Plan 2011 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 include a restaurant or cafe and the sale of any of 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.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—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) 2021, Chapter 3, Part 5 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) 2021, Chapter 3, Part 5 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 Marrickville Local Environmental Plan 2011 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 Public Service agency 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 Marrickville Local Environmental Plan 2011 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,
and includes a data centre, 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 family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note 1—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
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 an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
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.
independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—
(a)  used to house seniors or people with a disability, and
(b)  containing private facilities for cooking, sleeping and bathing, and
(c)  where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,
but does not include a hostel.
Note—
Independent living units are a type of seniors housing—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 (other than an artisan food and drink 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, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(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.
Key Sites Map means the Marrickville Local Environmental Plan 2011 Key Sites Map.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items.
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 Marrickville Local Environmental Plan 2011 Land Application Map.
Land Reservation Acquisition Map means the Marrickville Local Environmental Plan 2011 Land Reservation Acquisition Map.
Land Zoning Map means the Marrickville Local Environmental Plan 2011 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,
(c)  artisan food and drink industry,
(d)  creative 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 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.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Lot Size Map means the Marrickville Local Environmental Plan 2011 Lot Size Map. [Not adopted. See clause 4.1]
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 Part 5A of the Local Land Services Act 2013.
Natural Resource—Biodiversity Map means the Marrickville Local Environmental Plan 2011 Natural Resource—Biodiversity Map.
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, but does not include neighbourhood supermarkets or 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.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets 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.
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.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
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.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
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.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
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.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
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 mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
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.
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 Public Service agency 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, Public Service agency, 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.
registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.
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,
(baa)  co-living housing,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(faa)    (Repealed)
(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, co-living housing 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, take away 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)    (Repealed)
(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,
(la)  specialised retail premises,
(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.
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.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note 1—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
Note 2—
School-based child care is a type of early education and care facility—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 clauses 5.4 and 5.5 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
(b)  a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or
(c)  a group of independent living units, 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 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 and neighbourhood supermarket, 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 the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.
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.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—
(a)  a large area for handling, display or storage, or
(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,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
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, local distribution premises 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.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
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, but does not include local distribution premises.
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 and dosing facilities.
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 2015 (682), Sch 1 [19]; 2017 (222), Sch 1 [13].