Table Of Contents

Leichhardt Local Environmental Plan 2013

Part 1 Preliminary
1.1   Name of Plan
This Plan is Leichhardt Local Environmental Plan 2013.
1.1AA   Commencement
This Plan commences 6 weeks after 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 Leichhardt 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 ensure that development applies the principles of ecologically sustainable development,
(b)  to minimise land use conflict and the negative impact of urban development on the natural, social, economic, physical and historical environment,
(c)  to identify, protect, conserve and enhance the environmental and cultural heritage of Leichhardt,
(d)  to promote a high standard of urban design in the public and private domains,
(e)  to protect and enhance the amenity, vitality and viability of Leichhardt for existing and future residents, and people who work in and visit Leichhardt,
(f)  to maintain and enhance Leichhardt’s urban environment,
(g)  to ensure that land use zones are appropriately located to maximise access to sustainable transport, community services, employment and economic opportunities, public open space, recreation facilities and the waterfront,
(h)  to promote accessible and diverse housing types, including the provision and retention of—
(i)  housing for seniors or people with a disability, and
(ii)  affordable housing,
(i)  to provide for development that promotes road safety for all users, walkable neighbourhoods and accessibility, reduces car dependency and increases the use of active transport through walking, cycling and the use of public transport,
(j)  to ensure an adequate supply of land and housing to facilitate—
(i)  employment and economic opportunities, and
(ii)  the provision of goods and services that meet the needs of the local and subregional population,
(k)  to protect and enhance—
(i)  views and vistas of Sydney Harbour, Parramatta River, Callan Park and Leichhardt and Balmain civic precincts from roads and public vantage points, and
(ii)  views and view sharing from and between private dwellings,
(l)  to ensure that development is compatible with the character, style, orientation and pattern of surrounding buildings, streetscape, works and landscaping and the desired future character of the area,
(m)  to ensure that development provides high quality landscaped areas in residential developments,
(n)  to protect, conserve and enhance the character and identity of the suburbs, places and landscapes of Leichhardt, including the natural, scientific and cultural attributes of the Sydney Harbour foreshore and its creeks and waterways, and of surface rock, remnant bushland, ridgelines and skylines,
(o)  to prevent undesirable incremental change, including demolition, that reduces the heritage significance of places, conservation areas and heritage items,
(p)  to provide for effective community participation and consultation for planning and development,
(q)  to promote opportunities for equitable and inclusive social, cultural and community activities,
(r)  to promote the health and well being of residents, business operators, workers and visitors,
(s)  to ensure that development applies the principles of crime prevention through design to promote safer places and spaces,
(t)  to ensure that development responds to, conserves, protects and enhances the natural environment, including terrestrial, aquatic and riparian habitats, bushland, biodiversity, wildlife habitat corridors and ecologically sensitive land,
(u)  to promote energy conservation, water cycle management (incorporating water conservation, water reuse, catchment management, stormwater pollution control and flood risk management) and water sensitive urban design,
(v)  to ensure that existing landforms and natural drainage systems are protected,
(w)  to ensure that the risk to the community in areas subject to environmental hazards is minimised,
(x)  to ensure that the impacts of climate change are mitigated and adapted to.
cl 1.2: Am 2014 (454), Sch 1 [1] [2].
1.3   Land to which Plan applies
(1)  This Plan applies to the land identified on the Land Application Map.
(1A)  Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” 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—
Interim Development Order No 27—Municipality of Leichhardt
(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.
Note—
However, Leichhardt Local Environmental Plan 2000 continues to apply to the land identified as “Deferred matter” under clause 1.3 (1A).
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
R3 Medium Density Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
B7 Business Park
Industrial Zones
IN2 Light Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
cl 2.1: Am 2014 (92), Sch 1 [1] [2].
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 106 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 2014 (92), Sch 1 [3] [4]; 2014 (454), Sch 1 [3]–[14]; 2015 (452), Sch 1 [1]–[4]; 2016 (167), Sch 1 [1]; 2017 (33), Sch 1 [1]; 2017 (493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 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.
•  To improve opportunities to work from home.
•  To provide housing that is compatible with the character, style, orientation and pattern of surrounding buildings, streetscapes, works and landscaped areas.
•  To provide landscaped areas for the use and enjoyment of existing and future residents.
•  To ensure that subdivision creates lots of regular shapes that are complementary to, and compatible with, the character, style, orientation and pattern of the surrounding area.
•  To protect and enhance the amenity of existing and future residents and the neighbourhood.
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; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Shops; Take away food and drink premises; 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; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Funeral homes; Heavy industrial storage establishments; Helipads; High technology industries; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Light industries; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Retail premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; 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 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 permit increased residential density in accessible locations so as to maximise public transport patronage and to encourage walking and cycling.
•  To ensure that a high level of residential amenity is achieved and maintained.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Home industries; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; 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; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Emergency services facilities; 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; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewage treatment plants; 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 recycling facilities; 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 ensure that development is appropriately designed to minimise amenity impacts.
•  To allow appropriate residential uses to support the vitality of neighbourhood centres.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Medical centres; Multi dwelling housing; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Residential flat buildings; Respite day care centres; Roads; Rural workers’ dwellings; Semi-detached dwellings; Shop top housing; 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; Backpackers’ accommodation; Biosolids treatment facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; General industries; Group homes (transitional); Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Hospitals; Hostels; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Marinas; Open cut mining; Mooring pens; Mortuaries; Passenger transport facilities; Pond-based aquaculture Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restricted premises; Rural industries; Sewage treatment plants; Sex services premises; Specialised retail premises; Storage premises; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource management facilities; Water treatment facilities; 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 ensure that development is appropriately designed to minimise amenity impacts.
•  To allow appropriate residential uses to support the vitality of local centres.
•  To ensure that uses support the viability of local centres.
•  To provide a mixture of compatible land uses.
•  To reinforce and enhance the role, function and identity of local centres by encouraging appropriate development to ensure that surrounding development does not detract from the function of local centres.
•  To integrate suitable business, office, residential, retail and other development in accessible locations.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Rural workers’ dwellings; Semi-detached dwellings; 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; Biosolids treatment facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Industrial training facilities; Marinas; Mooring pens; Open cut mining; Pond-based aquaculture Port facilities; Recreation facilities (major); Rural industries; Sewage treatment plants; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Waste or resource transfer stations; Water treatment facilities; Wharf or boating facilities; Wholesale supplies
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 quality medium density residential and small-scale retail and commercial uses.
•  To ensure that development is appropriately designed to enhance the amenity of existing and future residents and the neighbourhood.
•  To constrain parking and restrict car use.
2   Permitted without consent
Home-based child care; Home occupations
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Seniors housing; Serviced apartments; 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; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; 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); Recreation facilities (outdoor); Research stations; Residential accommodation; 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; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
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 for certain business and office premises and light industries in the arts, 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; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Respite day care centres; Roads; Tank-based aquaculture; 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; Attached dwellings; Biosolids treatment facilities; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Food and drink premises; Forestry; Freight transport facilities; Function centres; General industries; Group homes; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Hostels; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Landscaping material supplies; Marinas; Markets; Mooring pens; Moorings; Mortuaries; Multi dwelling housing; Open cut mining; Plant nurseries; Pond-based aquaculture Port facilities; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential flat buildings; Restricted premises; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Seniors housing; Service stations; Shop top housing; Sewage treatment plants; 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; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; 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 retain existing employment uses and foster a range of new industrial uses to meet the needs of the community.
•  To ensure the provision of appropriate infrastructure that supports Leichhardt’s employment opportunities.
•  To retain and encourage waterfront industrial and maritime activities.
•  To provide for certain business and office premises and light industries in the arts, technology, production and design sectors.
2   Permitted without consent
Nil
3   Permitted with consent
Agricultural produce industries; Depots; Educational establishments; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; Storage premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
4   Prohibited
Air transport facilities; Airstrips; Biosolids treatment facilities; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Correctional centres; Crematoria; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Forestry; Heavy industries; Home businesses; Intensive livestock agriculture; Hazardous storage establishments; Health services facilities; Helipads; Highway service centres; Home occupations (sex services); Information and education facilities; Livestock processing industries; Marinas; Markets; Mooring pens; Moorings; Offensive storage establishments; Open cut mining; Pond-based aquaculture Public administration buildings; Pubs; Registered clubs; Residential accommodation; Respite day care centres; Restaurants or cafes; Roadside stalls; Rural supplies; Shops; Stock and sale yards; Tourist and visitor accommodation; Waste disposal facilities
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; 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 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 ensure the adequate provision of public, community and social infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Centre-based child care facilities; Community facilities; Entertainment facilities; Flood mitigation works; Information and education facilities; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Respite day care centres; 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 maximise the quantity and quality of open space areas to meet the existing and future needs of the community.
•  To ensure the equitable distribution of, and access to, open space and recreation facilities.
•  To retain, protect and promote public access to foreshore areas and to provide links between open space areas.
•  To provide opportunities in open space for public art.
•  To conserve, protect and enhance the natural environment, including terrestrial, aquatic and riparian habitats.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Recreation facilities (major); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Community facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Signage; Wharf or boating facilities
4   Prohibited
Any 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
(1)  The objectives of this clause are as follows—
(a)  to ensure that lot sizes are able to accommodate development that is consistent with relevant development controls,
(b)  to ensure that lot sizes are capable of supporting a range of development types.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of any land—
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 2021.
4.1AA   Minimum subdivision lot size for community title schemes
[Not adopted]
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 that buildings and public areas continue to receive satisfactory exposure to the sky and sunlight,
(baa)  Zone RU3 Forestry,
(c)  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.
cl 4.3: Am 2014 (92), Sch 1 [5].
4.3A   Landscaped areas for residential accommodation in Zone R1
(1)  The objectives of this clause are as follows—
(a)  to provide landscaped areas that are suitable for substantial tree planting and for the use and enjoyment of residents,
(b)  to maintain and encourage a landscaped corridor between adjoining properties,
(c)  to ensure that development promotes the desired future character of the neighbourhood,
(d)  to encourage ecologically sustainable development by maximising the retention and absorption of surface drainage water on site and by minimising obstruction to the underground flow of water,
(e)  to control site density,
(f)  to limit building footprints to ensure that adequate provision is made for landscaped areas and private open space.
(2)  This clause applies to development for the purpose of residential accommodation on land in Zone R1 General Residential.
(3)  Development consent must not be granted to development to which this clause applies unless—
(a)  the development includes landscaped area that comprises at least—
(i)  where the lot size is equal to or less than 235 square metres—15% of the site area, or
(ii)  where the lot size is greater than 235 square metres—20% of the site area, and
(b)  the site coverage does not exceed 60% of the site area.
(4)  For the purposes of subclause (3)—
(a)  the site area is to be calculated under clause 4.5 (3), and
(b)  any area that—
(i)  has a length or a width of less than 1 metre, or
(ii)  is greater than 500mm above ground level (existing),
is not to be included in calculating the proportion of landscaped area, and
(c)  any deck or balcony or the like (whether enclosed or unenclosed) is not to be included in calculating the site coverage if—
(i)  it is 2.4 metres or more above ground level (existing), as measured from the underside of the structure and the area below the structure is able to be landscaped or used for recreational purposes, or
(ii)  the finished floor level is 500mm or less above ground level (existing).
cl 4.3A: Am 2015 (452), Sch 1 [5].
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to ensure that residential accommodation—
(i)  is compatible with the desired future character of the area in relation to building bulk, form and scale, and
(ii)  provides a suitable balance between landscaped areas and the built form, and
(iii)  minimises the impact of the bulk and scale of buildings,
(b)  to ensure that non-residential development is compatible with the desired future character of the area in relation to building bulk, form and scale.
(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), the floor space ratio for development for a purpose other than residential accommodation on land in Zone R1 General Residential is not to exceed 1:1.
(2B)  Despite subclause (2), the floor space ratio for development for the purpose of residential accommodation—
(a)  on land shown edged black or pink on the Floor Space Ratio Map is not to exceed—
(i)  in the case of development on a lot with an area of less than 150 square metres—0.9:1, or
(ii)  in the case of development on a lot with an area of 150 square metres or more but less than 300 square metres—0.8:1, or
(iii)  in the case of development on a lot with an area of 300 square metres or more but less than 450 square metres—0.7:1, or
(iv)  in the case of development on a lot with an area of 450 square metres or more—0.6:1, or
(b)  on land shown edged red or green on the Floor Space Ratio Map is not to exceed—
(i)  in the case of development on a lot with an area of less than 150 square metres—1.0:1, or
(ii)  in the case of development on a lot with an area of 150 square metres or more but less than 300 square metres—0.9:1, or
(iii)  in the case of development on a lot with an area of 300 square metres or more but less than 450 square metres—0.8:1, or
(iv)  in the case of development on a lot with an area of 450 square metres or more—0.7:1, or
(c)  on land shown edged brown on the Floor Space Ratio Map is not to exceed—
(i)  in the case of development on a lot with an area of less than 150 square metres—0.8:1, or
(ii)  in the case of development on a lot with an area of 150 square metres or more but less than 300 square metres—0.7:1, or
(iii)  in the case of development on a lot with an area of 300 square metres or more but less than 450 square metres—0.6:1, or
(iv)  in the case of development on a lot with an area of 450 square metres or more—0.5:1, or
(d)  on land shown edged yellow on the Floor Space Ratio Map is not to exceed—
(i)  in the case of development on a lot with an area of less than 150 square metres—0.9:1, or
(ii)  in the case of development on a lot with an area of 150 square metres or more but less than 300 square metres—0.8:1, or
(iii)  in the case of development on a lot with an area of 300 square metres or more—0.7:1.
cl 4.4: Am 2014 (454), Sch 1 [15]; 2017 (636), Sch 1.
4.4A   Exception to maximum floor space ratio for active street frontages
(1)  The objective of this clause is to provide floor space incentives for mixed use development that incorporates active street frontages at ground floor level in Zone B1 Neighbourhood Centre or Zone B2 Local Centre.
(2)  This clause applies to land identified as “Area 1” on the Floor Space Ratio Map.
(3)  Despite clause 4.4, the maximum floor space ratio for a building on land to which this clause applies is 1.5:1 if the consent authority is satisfied that—
(a)  the building will have an active street frontage, and
(b)  the building comprises mixed use development, including residential accommodation, and
(c)  the building is compatible with the desired future character of the area in relation to its bulk, form, uses and scale.
(4)  Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following—
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicular access.
(5)  In this clause, a building has an active street frontage if all floor space on the ground floor of the building facing the street is used for a purpose other than residential accommodation.
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 any of these zones.
(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.
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
Note—
When this Plan was made it did not include all of these zones.
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads 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 10 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.
Note—
When this Plan was made it did not include all of these zones.
(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 30 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)  20% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  100 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 20 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
(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)  30% 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)  20% of the gross floor area of the industry, or
(b)  100 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.82 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
5.6   Architectural roof features
[Not adopted]
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 Leichhardt,
(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 adopted]
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
(1)  The objectives of this clause are—
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located—
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  if the development is a poultry farm—within 500 metres of another poultry farm.
(5)  The following types of development are specified for the purposes of subclause (4)—
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause—
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, 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 B4 Mixed Use, Zone B6 Enterprise Corridor, Zone C3 Environmental Management or Zone C4 Environmental Living.
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, and
(b)  the works are not likely to lower the watertable.
6.2   Earthworks
(1)  The objective of this clause is 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.
(2)  Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.
(3)  Before granting development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,
(b)  the effect of the 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 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 waterway, drinking water catchment or environmentally sensitive area,
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.
6.3   (Repealed)
cl 6.3: Rep 2021 (225), Sch 1.
6.4   Stormwater management
(1)  The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters.
(2)  This clause applies to all land in residential, business and industrial zones.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—
(a)  is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and
(b)  includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and
(c)  avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.
6.5   Limited development on foreshore area
(1)  The objective of this clause is to ensure that development in the foreshore area will not adversely 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 alteration or rebuilding of an existing building wholly or partly in the foreshore area,
(b)  boat sheds, sea 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, fauna and flora habitats, or
(iii)  an adverse effect on drainage patterns, and
(d)  opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(e)  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
(f)  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
(g)  sea level rise or change of flooding patterns as a result of climate change has been considered.
(4)  In this clause and clause 6.6—
foreshore area means the land between the foreshore building line and the mean high water mark of the nearest natural waterbody shown on the Foreshore Building Line Map.
foreshore building line means the line shown as the foreshore building line on the Foreshore Building Line Map.
6.6   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.
6.7   Airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Sydney (Kingsford Smith) Airport by ensuring that its 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 Sydney (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 Sydney (Kingsford Smith) Airport.
6.8   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 Sydney (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 consider whether 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 6.8: Am 2017 (33), Sch 1 [2]; 2017 (493), Sch 1.2 [1].
6.9   Business and office premises in Zone IN2
(1)  The objective of this clause is to promote certain types of business and office premises in Zone IN2 Light Industrial.
(2)  This clause applies to land in Zone IN2 Light Industrial.
(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.
6.10   Use of existing buildings in Zone R1
(1)  The objective of this clause is to provide for the adaptive reuse of existing buildings for purposes other than residential accommodation.
(2)  This clause applies to land in Zone R1 General Residential.
(3)  Development consent must not be granted to development for the purposes of business premises, office premises, restaurants or cafes, shops or take away food and drink premises on land to which this clause applies unless—
(a)  the development is a building that was constructed (wholly or partly) for a purpose other than residential accommodation and was erected before the commencement of this Plan, and
(b)  the consent authority is satisfied that—
(i)  the development will not adversely affect the amenity of the surrounding area, and
(ii)  the development will retain the form and fabric of any architectural features of the existing building, and
(iii)  the building is suitable for adaptive reuse, and
(iv)  any modification of the footprint and facade of the building will be minimal, and
(v)  the gross floor area of any part of the building used for the purpose of a restaurant or cafe or take away food and drink premises will be less than 80 square metres.
6.11   Adaptive reuse of existing buildings in Zone R1
(1)  The objectives of this clause are as follows—
(a)  to provide for the adaptive reuse of existing buildings for residential accommodation,
(b)  to retain buildings that contribute to the streetscape and character of Leichhardt,
(c)  to provide satisfactory amenity for future residents of the area,
(d)  to ensure that development does not adversely affect the quality or amenity of existing buildings in the area.
(2)  This clause applies to land in Zone R1 General Residential.
(3)  Development consent must not be granted to the change of use to residential accommodation of a building on land to which this clause applies that was constructed before the commencement of this clause unless the consent authority is satisfied that—
(a)  the development will not adversely affect the streetscape, character or amenity of the surrounding area, and
(b)  the development will retain the form, fabric and features of any architectural or historic feature of the existing building, and
(c)  any increase in the floor space ratio will be generally contained within the envelope of the existing building.
6.11A   Residential accommodation in Zone B1 and Zone B2
(1)  The objective of this clause is to promote residential accommodation as part of mixed use developments in business zones to support the vitality of neighbourhood and local centres.
(2)  This clause applies to land in Zone B1 Neighbourhood Centre and Zone B2 Local Centre.
(3)  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)  the building comprises mixed use development, including residential accommodation, and
(b)  the building will have an active street frontage, and
(c)  the building is compatible with the desired future character of the area in relation to its bulk, form, uses and scale.
(4)  In this clause, a building has an active street frontage if all floor space on the ground floor of the building on the primary street frontage is used for a purpose other than residential accommodation (with the exception of areas for access or service purposes).
cl 6.11A: Ins 2015 (452), Sch 1 [6].
6.12   Residential accommodation in Zone B7
(1)  The objective of this clause is to provide for ancillary residential accommodation for 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 on land to which this clause applies unless the consent authority is satisfied that—
(a)  the dwelling is part of a mixed use development that includes office premises or light industries on the ground floor, and
(b)  the dwelling and ground floor premises will be occupied by the same person or persons.
(4)  This clause does not apply to land at 1–5 Chester Street, Annandale, being Lot 11, DP 499846.
cl 6.12: Am 2021 (178), Sch 1[1].
6.13   Diverse housing
(1)  The objective of this clause is to ensure the provision of a mix of dwelling types in residential flat buildings and mixed use development that includes shop top housing.
(2)  This clause applies to development for the purpose of a residential flat building or a mixed use development that includes shop top housing but only if the development includes at least 4 dwellings.
(3)  Development consent must not be granted to development to which this clause applies unless—
(a)  at least 25% of the total number of dwellings (to the nearest whole number of dwellings) forming part of the development will include self-contained studio dwellings or one-bedroom dwellings, or both, and
(b)  no more than 30% of the total number of dwellings (to the nearest whole number of dwellings) forming part of the development will include dwellings with at least 3 bedrooms.
6.14   Development control plans for certain development
(1)  The objective of this clause is to ensure that certain development occurs in a logical and cost-effective manner only after a development control plan that includes specific controls has been prepared.
(2)  This clause applies to the following development on a site with an area not less than 3,000 square metres, or with a water frontage of at least 20 metres—
(a)  the erection of a building,
(b)  development that will increase the gross floor area of an existing building by more than 5%,
(c)  development involving alterations to at least 75% of the facade of an existing building that fronts a street,
(d)  development involving more than 75% of the site coverage of existing buildings on the land.
(3)  Development consent must not be granted to development to which this clause applies unless a development control plan that provides for detailed development controls has been prepared for the land.
(4)  Without limiting subclause (3), the development control plan referred to in subclause (3) must provide for all of the following—
(a)  the compatibility of the proposed development with the desired future character of the area,
(b)  whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,
(c)  whether the proposed development has an adverse impact on view corridors,
(d)  the site’s suitability for the proposed development,
(e)  the existing and proposed mix of land uses,
(f)  cultural, heritage and archaeological issues,
(g)  streetscape constraints,
(h)  the height, bulk, scale, massing and modulation of buildings,
(i)  the heights of buildings with street frontages,
(j)  environmental constraints, including contamination and acid sulfate soils,
(k)  environmental impacts such as overshadowing, wind and reflectivity,
(l)  whether the proposed development incorporates the principles of ecologically sustainable development,
(m)  overall transport hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, with particular regard to public transport, pedestrians and cyclists,
(n)  the proposed development’s relationship and integration with existing and proposed public transport facilities,
(o)  the overall landscaping of the site,
(p)  stormwater management.
(5)  A development control plan is not required to be prepared if the consent authority is satisfied that such a plan would be unreasonable or unnecessary in the circumstances or that the development—
(a)  is a subdivision for the purpose of a realignment of boundaries that does not create additional lots, or
(b)  is a subdivision of land and any of the lots proposed to be created are to be reserved or dedicated for public open space, public roads or any other public place or environment protection purpose, or
(c)  is a subdivision of land in a zone in which the erection of structures is prohibited, or
(d)  involves only alterations or additions to an existing building that—
(i)  do not significantly increase the height or gross floor area of the building, and
(ii)  do not have significant adverse impacts on adjoining buildings or the public domain, and
(iii)  do not significantly alter any aspect of the building when viewed from public places, or
(e)  is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
(6)  This clause does not apply to development on land identified as—
(a)  “1 Kolotex Labelcraft Site” on the Key Sites Map, and
(b)  “J” on the Additional Permitted Uses Map, being Lot 2, DP 1015843.
cl 6.14: Am 2014 (92), Sch 1 [6]; 2021 (90), Sch 1[1].
6.15   Development on certain land at Rozelle
(1)  This clause applies to 118, 120 and 124 Terry Street, Rozelle, being Lot 1, DP 540118, Lot 2, DP 234045 and Lot 3, Section D, DP 119 (the Terry Street site).
(2)  Despite any other provision of this Plan, development consent may be granted to a single development application for development on land to which this clause applies that is both of the following—
(a)  a proposal to develop the Terry Street site in its entirety,
(b)  a proposal for development with a maximum floor space ratio of 1.5:1 for the purposes of bed and breakfast accommodation, business premises, hardware and building supplies, light industries, office premises, plant nurseries, residential accommodation, restaurants or cafes, roadside stalls and shops.
(3)  Development consent must not be granted under subclause (2) unless the consent authority is satisfied that—
(a)  a high standard of architectural and urban design appropriate to the building type and location will be achieved, with articulated height and massing providing an appropriate transition to the existing streetscape, and
(b)  the total gross floor area of the part of the development that is used for the purposes of business premises, hardware and building supplies, office premises, plant nurseries, restaurants or cafes and shops will not exceed 1,300 square metres, and
(c)  the development will not exceed—
(i)  if a building has a street frontage on Terry Street—3 storeys in height, or
(ii)  in any other case—6 storeys in height, and
(d)  the development will minimise overshadowing of neighbouring properties on Crystal Street, and
(e)  the development will not significantly increase the amount of traffic on Terry Street, Wellington Street, Merton Street, Nelson Street or Victoria Road, Rozelle, and
(f)  those parts of the development that are used for a purpose other than bed and breakfast accommodation or residential accommodation will not have a significant adverse impact on local commercial centres, and
(g)  the development will provide and facilitate pedestrian and cycle access through the Terry Street site to Merton and Margaret Streets, and
(h)  the development will incorporate environmentally sustainable design principles, and
(i)  the development will include the necessary design and acoustic measures to ensure that light industries within the development, as well as any existing industrial uses on land surrounding the development, do not have a significant adverse impact on the amenity of future residents of the development, and
(j)  premises used for the purpose of light industries will only be located in buildings that have a street frontage on Crystal Street.
6.16   Location of sex services premises
(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.
(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—
(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—
(i)  in Zone R1 General Residential or Zone RE1 Public Recreation, or
(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,
(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—
(i)  that adjoins the proposed development, or
(ii)  that can be viewed from the proposed development, or
(iii)  from which a person can view the proposed development.
cl 6.16: Am 2017 (493), Sch 1.2 [1].
6.17   Development of land at 141 and 159 Allen Street, Leichhardt
(1)  The objective of this clause is to facilitate the development of the land to which this clause applies by specifying controls for different maximum heights and minimum setbacks for buildings on the land without adversely affecting the streetscape, character, amenity or solar access of surrounding land.
(2)  This clause applies to the following land—
(a)  Lot 1, DP 632522, 141 Allen Street, Leichhardt, identified as “2 141 Allen Street Leichhardt” on the Key Sites Map (Site 2),
(b)  Lot X, DP 381373, 159 Allen Street, Leichhardt, identified as “3 159 Allen Street Leichhardt” on the Key Sites Map (Site 3).
(3)  Development consent must not be granted to development on Site 2 unless the consent authority is satisfied that the development complies with the following—
(a)  any proposed building is set back at least—
(i)  3.5 metres from the Allen Street and Flood Street boundaries, and
(ii)  10 metres from the northern site boundary, and
(iii)  11 metres from that part of the western site boundary that is north of Site 3,
(b)  the height in storeys of any proposed building will not exceed—
(i)  3 storeys, or
(ii)  4 storeys—if the building is adjacent to Allen Street, Flood Street, the northern site boundary or that part of the western boundary that is north of Site 3 (the 4 boundaries), the highest storey of the building is set back at least 6 metres from any building wall that faces one or more of the 4 boundaries and any such building wall does not exceed 3 storeys in height, or
(iii)  6 storeys—if the building is not adjacent to Allen Street, Flood Street or the northern site boundary.
(4)  Development consent must not be granted to development on Site 3 unless the consent authority is satisfied that the development complies with the following—
(a)  any proposed building is set back at least—
(i)  3.5 metres from the Allen Street boundary, and
(ii)  6 metres from the western site boundary,
(b)  the height in storeys of any proposed building will not exceed—
(i)  3 storeys, or
(ii)  4 storeys—if the building has street frontage to Allen Street, the highest storey of the building is set back at least 6 metres from any building wall that faces Allen Street or the western site boundary and any such building wall does not exceed 3 storeys in height, or
(iii)  4 storeys—if the building does not have street frontage to Allen Street, or
(iv)  5 storeys—if the building does not have street frontage to Allen Street, the highest storey of the building is set back at least 6 metres from any building wall that does not exceed 4 storeys in height and any such building wall is on the western side of the building.
Note—
For the purposes of this clause—
3 storeys is approximately 9.3 metres.
4 storeys is approximately 12.4 metres.
5 storeys is approximately 15.5 metres.
6 storeys is approximately 18.6 metres.
cl 6.17: Ins 2015 (364), Sch 1.
6.18   Development of land at 168 Norton Street, Leichhardt
(1)  The objective of this clause is to enable seniors housing with minimal adverse impacts.
(2)  This clause applies to 168 Norton Street, Leichhardt, being Lots 1 and 2, DP 1119151, Lot 1, DP 963000, Lot 5, DP 1112635 and Lots 3 and 4, Section 3, DP 328, identified as “4 168 Norton Street Leichhardt” on the Key Sites Map.
(3)  Despite clause 4.3 (2), the maximum building height for development for the purposes of seniors housing involving only a group of self-contained dwellings on land to which this clause applies is RL 50.4, but only if the development does not exceed 5 storeys in height.
(4)  Despite clauses 4.4 (2) and 4.4A, the maximum floor space ratio for development for the purposes of seniors housing involving only a group of self-contained dwellings on land to which this clause applies is 3:1, but only if the consent authority is satisfied that at least 15% of the self-contained dwellings for the accommodation of residents in the proposed development will be set aside as affordable places.
(5)  In this clause—
affordable place has the same meaning as in clause 45 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.
cl 6.18: Ins 2018 (178), Sch 1.
6.19   Development of land at 101–103 Lilyfield Road, Lilyfield
(1)  This clause applies to Lot 1, DP 432612, being 101–103 Lilyfield Road, Lilyfield, identified as “5 101–103 Lilyfield Road Lilyfield” on the Key Sites Map.
(2)  Development consent may be granted to development for either or both of the following purposes on land to which this clause applies—
(a)  restaurants or cafes,
(b)  takeaway food and drink premises.
(3)  However, development consent must not be granted under this clause unless the consent authority is satisfied that the gross floor area of any part of a building used for either or both of those purposes will not exceed 50 square metres in total.
(4)  This clause applies despite clause 6.10.
cl 6.19: Ins 2018 (433), cl 5.
6.20   Development of land at 17 Marion Street, Leichhardt
(1)  The objective of this clause is to enable seniors housing with minimal adverse impacts.
(2)  This clause applies to 17 Marion Street, Leichhardt, being Lots 21, 22, 24 and 25, Section 1, DP 328 and Lots A and B, DP 377714 and identified as “6 17 Marion Street Leichhardt” on the Key Sites Map.
(3)  Despite clause 4.3 (2), the maximum building height for development for the purposes of seniors housing on land to which this clause applies is RL 57.50, but only if the consent authority is satisfied that consent could be granted to the development without reliance on the relevant bonus floor space provisions.
(4)  Despite clauses 4.4 (2) and 4.4A, the maximum floor space ratio for development for the purposes of seniors housing on land to which this clause applies is 2:1, but only if the consent authority is satisfied that—
(a)  at least 15% of the self-contained dwellings for the accommodation of residents in the proposed development will be set aside as affordable places, and
(b)  consent could be granted to the development without reliance on the relevant bonus floor space provisions.
(5)  In this clause—
affordable place has the same meaning as in clause 45 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.
relevant bonus floor space provisions means the requirements of clause 45 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.
cl 6.20: Ins 2018 (552), Sch 1.
6.21   Development of land at 469–483 Balmain Road, Lilyfield
(1)  This clause applies to Lot 2, DP 1015843, 469–483 Balmain Road, Lilyfield.
(2)  The objective of this clause is to ensure the ongoing provision of employment, service and creative enterprise opportunities on the land.
(3)  Development consent must not be granted to mixed use development on the land that includes a residential flat building unless the consent authority is satisfied of the matters specified in subclause (4) and the conditions specified in subclauses (5)–(7) are met.
(4)  The consent authority must be satisfied that—
(a)  at least 6,000 square metres of the total gross floor area will be set aside for employment uses, and
(b)  at least 1,200 square metres of the 6,000 square metres set aside for employment uses will be used for a creative purpose, and
(c)  the development provides for the adaptive reuse of existing buildings on the land, as far as is practicable, and
(d)  at least 5% of the gross floor area that is to be used for the purpose of residential accommodation will be used for affordable housing.
(5)  Development consent must not be granted 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, setbacks (both to the ground floor and upper storeys), 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 and opportunities for its passive surveillance,
(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)  measures to mitigate land use conflict between the residential component and employment uses of the mixed use development,
(l)  measures to mitigate land use conflict between the residential component of any future development and the employment uses surrounding the site, including light industrial uses.
(7)  Development consent must not be granted to the development unless conditions are imposed by the consent authority to the effect that—
(a)  for at least 30 years from the date of the issue of the occupation certificate—
(i)  the accommodation proposed to be used for affordable housing will be used for affordable housing, and
(ii)  the accommodation that is used for affordable housing will be managed by a registered community housing provider, and
(b)  before the date of the issue of the occupation certificate, a restriction will be registered against the title of the land in accordance with section 88E of the Conveyancing Act 1919 that will ensure that the requirements of paragraph (a) are met.
(8)  Subclause (7) does not apply to development on land owned by a public authority or to a development application made by, or on behalf of, a public authority or registered community housing provider.
(9)  A word or expression used in this clause has the same meaning as in State Environmental Planning Policy (Housing) 2021 unless it is otherwise defined in this Plan.
(10)  In this clause—
employment uses do not include home businesses, home industries, home occupations, residential accommodation or tourist and visitor accommodation.
creative purpose includes media, advertising, fine arts and craft, design, film and television, music, publishing, performing arts, cultural heritage institutions, community facilities or other related purposes, but does not include business premises or office premises.
cl 6.21: Ins 2021 (90), Sch 1[2]. Am 2022 (72), Sch 1.28.
6.22   Development of land at 1–5 Chester Street, Annandale
(1)  The objective of this clause is to encourage the commercial, education, health and cultural sectors in Annandale.
(2)  This clause applies to land at 1–5 Chester Street, Annandale, being Lot 11, DP 499846 and identified as “7 1–5 Chester Street Annandale” on the Key Sites Map.
(3)  Development consent must not be granted for the subdivision of land to which this clause applies.
(4)  A building on land to which this clause applies—
(a)  must not have a building height that exceeds 17 metres, and
(b)  must have 5 or fewer storeys.
(5)  Despite clause 4.4, development consent may be granted to development on land to which this clause applies that results in a building that has a maximum floor space ratio of 2:1 if the consent authority is satisfied that—
(a)  the building will include development for the purposes of—
(i)  business premises or light industries for the biomedical, arts, technology, production or design sectors, and
(ii)  boarding houses for student accommodation, and
(b)  at least 980 square metres of the gross floor area of the building will be used for the purposes referred to in paragraph (a)(i), and
(c)  no more than 1,635 square metres of the gross floor area of the building will be used for the purposes referred to in paragraph (a)(ii), and
(d)  the boarding house will be managed by an onsite boarding house manager, and
(e)  the development will not have a significant adverse impact on the amenity of the neighbourhood, and
(f)  the development will include the necessary design and acoustic measures to ensure that the business premises and light industries within the development, as well as any existing industrial uses on land surrounding the development, do not have a significant adverse impact on the amenity of future residents of the development, and
(g)  the development will include a 6 metre wide pedestrian and cycle path with landscaping adjacent to Johnstons Creek, and
(h)  the development will not result in a significant increase to the amount of vehicular traffic in the area, including on Chester Street, Chester Street West, Susan Street, Taylor Street and Pyrmont Bridge Road, and
(i)  the development will incorporate environmentally sustainable design principles, including measures to minimise the consumption of energy and water, and
(j)  the development will provide active frontages on Chester Street and Johnstons Creek.
cll 6.22, 6.23: Ins 2021 (178), Sch 1[2].
6.23   Development of land at 1–5 Chester Street, Annandale—concurrence of Planning Secretary
(1)  This clause applies to development—
(a)  on land at 1–5 Chester Street, Annandale, being Lot 11, DP 499846 and identified as “7 1–5 Chester Street Annandale” on the Key Sites Map, and
(b)  that results in an increase in the gross floor area, in relation to all buildings on the land, used for the purposes of residential accommodation.
(2)  Development consent to development to which this clause applies must not be granted unless the consent authority has obtained the concurrence of the Planning Secretary.
(3)  In deciding whether to grant concurrence, the Planning Secretary must consider the following—
(a)  the impact of the development on—
(i)  existing designated State public infrastructure, and
(ii)  the need for additional designated State public infrastructure,
(b)  the cumulative impact of the development with other development that has been, or is likely to be, carried out in surrounding areas on—
(i)  existing designated State public infrastructure, and
(ii)  the need for additional designated State public infrastructure,
(c)  the steps taken to address those impacts, including whether a planning agreement has been, or will be, entered into contributing to designated State public infrastructure.
(4)  In deciding whether to grant concurrence, the Planning Secretary must also consult the public authorities that the Planning Secretary considers relevant to the development.
(5)  In this clause—
designated State public infrastructure means the following kinds of 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 the financial or in-kind contribution by the State—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  rail infrastructure and land,
(d)  regional parks and public space,
(e)  social infrastructure and facilities, including schools, hospitals, emergency services and justice facilities.
cll 6.22, 6.23: Ins 2021 (178), Sch 1[2].
6.24   Development of land at 36 Lonsdale Street and 64–70 Brenan Street, Lilyfield
(1)  This clause applies to the following land in Lilyfield—
(a)  Lots 2–4, DP 1257743, 36 Lonsdale Street,
(b)  Lots 1 and 2, DP 529451, Lot 22 DP 977323 and Lot 1 DP 1057904, 64–70 Brenan Street.
(2)  If a development control plan that complies with subclause (3) has been prepared for the land—
(a)  the maximum height of a building is RL 33.2, and
(b)  the maximum floor space ratio for a building is 1.5:1.
(3)  The development control plan must provide for the following—
(a)  the objectives for development on the land,
(b)  building envelopes and built form controls, including the following—
(i)  the bulk, massing and modulation of buildings,
(ii)  set backs, both to the ground floor and upper storeys of buildings,
(iii)  specified building storeys,
(c)  the heights of buildings that will provide an appropriate transition in built form to the surrounding low density development,
(d)  encouraging sustainable transport, including increased use of public transport, walking and cycling, and appropriate car parking provision,
(e)  environmental impacts, for example, overshadowing and solar access and visual and acoustic privacy,
(f)  the application of the principles of ecologically sustainable development.
(4)  Development consent must not be granted to development that will result in a dwelling on the ground floor of a building if a wall of the dwelling faces the City West Link.
cl 6.24: Ins 2021 (708), Sch 1.
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at Buchanan and Reynolds Streets, Balmain
(1)  This clause applies to land identified as “A” on the Additional Permitted Uses Map, being Lots 85–93 and 126–145, SP 65243.
(2)  Development for the purposes of business premises, kiosks, office premises, recreation facilities (indoor), restaurants or cafes, roadside stalls and shops is permitted with development consent.
2   Use of certain land at Gladstone Park, Darvall Street, Balmain
(1)  This clause applies to land identified as “F” on the Additional Permitted Uses Map, being part of Lot 1, DP 724348.
(2)  Development for the purpose of a registered club is permitted with development consent.
3   Use of certain land at Elliot Street, Balmain
(1)  This clause applies to land identified as “B” on the Additional Permitted Uses Map, being Lot 1, DP 852863, Lot 26, DP 850832 and part of Lot E, DP 36161.
(2)  Development for the purpose of restaurants or cafes is permitted with development consent.
4   Use of certain land at Rosebery Place, Balmain
(1)  This clause applies to land identified as “C” on the Additional Permitted Uses Map, being Lots 1–3, SP 60159, Lots 5–9, SP 62009 and Lots 1–20, SP 60158.
(2)  Development for the purposes of business premises, kiosks, office premises, restaurants or cafes, roadside stalls and shops is permitted with development consent.
5   Use of certain land at 91 Canal Road, Leichhardt and 1 Canal Road, Lilyfield
(1)  This clause applies to land identified as “G” on the Additional Permitted Uses Map, being Lot 103, DP 826775 and Lot 1, DP 1070825.
(2)  Development for any of the following purposes is permitted with development consent—
(a)  building identification signs,
(b)  business identification signs,
(c)  entertainment facilities,
(d)  industrial retail outlets,
(e)  information and education facilities,
(f)  light industries,
(g)  markets,
(h)  restaurants or cafes,
(i)  take away food and drink premises.
(3)  Development for the purpose of office premises is permitted with development consent if—
(a)  the gross floor area of the site used for that purpose does not exceed 20%, and
(b)  the maximum gross floor area of any single premises used for office premises does not exceed 300m2.
6   Use of certain land at 237 Marion Street, Leichhardt
(1)  This clause applies to land identified as “D” on the Additional Permitted Uses Map, being Lot 121, DP 1106716.
(2)  Development for the purpose of seniors housing is permitted with development consent.
6A   Use of certain land at 43 Mary Street, Lilyfield
(1)  This clause applies to land identified as “H” on the Additional Permitted Uses Map, being part of Lot 6643, DP 1137663.
(2)  Development for the purpose of a function centre is permitted with development consent if the development will be located within an existing building.
(3)  In this clause, an existing building includes a proposed building that has been granted development consent.
7   Use of certain land at Terry Street, Rozelle
(1)  This clause applies to land identified as “E” on the Additional Permitted Uses Map, being Lots 84 and 85, SP 72790 and Lot 1, SP 58291.
(2)  Development for the purposes of business premises, kiosks, office premises, restaurants or cafes, roadside stalls and shops is permitted with development consent.
8   Use of certain land at Smith Street, Rozelle
(1)  This clause applies to land identified as “I” on the Additional Permitted Uses Map, being Lots 1 and 2, DP 782330, Lot 1, DP 782348 and Lot 1, DP 228261.
(2)  Development for the purposes of boarding houses, function centres, hospitals, markets, places of public worship, public administration facilities, residential care facilities, seniors housing and telecommunication facilities is permitted with development consent.
9   Use of certain land at Balmain Road, Lilyfield
(1)  This clause applies to land identified as “J” on the Additional Permitted Uses Map, being Lot 2, DP 1015843.
(2)  Development for the purpose of residential flat buildings is permitted with development consent.
(3)  This clause is repealed on the day that is 3 years after the day on which Leichhardt Local Environmental Plan 2013 (Amendment No 18) commenced (the repeal date) if a development application for consent to development on the land for the purpose of a residential flat building has not been made before the repeal date.
10   Use of certain land at 1–5 Chester Street, Annandale
(1)  This clause applies to land identified as “K” on the Additional Permitted Uses Map, being Lot 11, DP 499846.
(2)  Development for the purposes of business premises used for a business in the biomedical, arts, technology, production or design sector is permitted with development consent.
(3)  Development for the purposes of boarding houses used for student accommodation is permitted with development consent.
sch 1: Am 2015 (271), cl 5; 2015 (452), Sch 1 [7] [8]; 2017 (33), Sch 1 [3]; 2021 (90), Sch 1[3]; 2021 (178), Sch 1[3].
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.
Aerials and antennae constructed or installed on or in a heritage item or draft heritage item
(1)  Must be used for the purpose of receiving television or radio signals, or for use in connection with community band radio (or any combination of these uses).
(2)  Must be located at least 900mm from each lot boundary.
(3)  Must be located behind any primary street frontage.
(4)  Must be designed, fabricated and installed in accordance with any applicable Australian Standard.
(5)  Must be securely fixed.
(6)  Maximum 1 per heritage item or draft heritage item.
(7)  Must not extend higher than 1.8m above the highest point of the roof of any commercial premises, dwelling, light industry or warehouse or distribution centre on the lot.
(8)  Must not be a free standing structure.
(9)  Must be located wholly within the property boundary.
(10)  Must not result in damage to, or removal of, any part of the historic fabric of the building.
Demolition of detached toilets, laundries or the like
(1)  Must not be carried out on, in or in relation to a heritage item or draft heritage item.
(2)  Maximum area of building to be demolished—10m2.
(3)  Must not be carried out forward of the roof ridge line of the dwelling.
(4)  Any essential service must be disconnected from the structure being demolished or removed in accordance with the requirements of the relevant authority.
(5)  If the demolition involves the demolition of a common wall, the following must be obtained—
(a)  the consent of the owner of the affected wall,
(b)  a certificate from a structural engineer certifying that the demolition will not affect the structural adequacy of the remaining wall.
Drainage works (minor)
(1)  Must involve drainage from a single lot only.
(2)  Must be undertaken wholly within the subject property and within a drainage easement benefiting the subject property and must not traverse more than a single property benefited by the works and not more than 1 associated drainage easement.
Letterboxes on or in a heritage item or draft heritage item
(1)  Must not be higher than 1.2m above ground level (existing).
(2)  Must be visible from the road.
(3)  Must have appropriate numbering that is visible from the road.
(4)  Maximum width—0.6m.
(5)  Maximum depth—0.6m.
(6)  Must be structurally stable with adequate footings.
(7)  Must be designed, fabricated and installed in accordance with any applicable Australian Standard.
(8)  Must be designed to complement the architectural style of the building in relation to style and materials.
(9)  Must not involve any damage to, or removal of, historical fabric or trees or vegetation subject to protection.
(10)  1 letterbox per site.
Lighting (external)
(1)  Must not be for the lighting of tennis courts or sports fields.
(2)  Must not cause glare to adjoining properties or streets.
(3)  Must be for domestic purposes.
(4)  Must comply with AS 4282—1997, Control of the Obtrusive Effects of Outdoor Lighting.
Minor routine maintenance of heritage items or on land in heritage conservation areas
(1)  Must comprise one or more of the following works—
(a)  repainting existing painted surfaces,
(b)  the repair of a window, glazing areas or a door,
(c)  the repair or replacement of non-structural wall cladding,
(d)  the repair of a balustrade or fence,
(e)  the replacement of a timber paling fence located behind the building fence,
(f)  the repair of existing roof sheeting or replacement of broken or damaged tiles, or
(g)  the repair of existing landscape structures and retaining walls by either repointing (reinstating mortar) or the introduction of matching materials, which comprise less than 5% of the external surface,
(h)  the installation of insulation material in the ceiling, floor or wall of a building where it can be easily removed and does not involve disturbance of, damage to or removal of existing fabric,
(i)  the replacement of services such as cabling, plumbing, wiring or fire services that use existing service routes, cavities or voids, or replace existing surface-mounted services but do not involve damage to, or the removal of, significant fabric,
(j)  if the land is in a heritage conservation area—the installation of lightweight perforated security screens or grills on a door or window, or a security door that does not include roller shutters.
(2)  Must not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight.
(3)  Must not affect the means of egress from the building in an emergency.
(4)  Must not affect any fire resisting components of the building.
(5)  If repointing in sandstone, must use soft mortar (being lime rich or composite mortar).
(6)  Materials and colours must, where possible, be the same or similar to existing materials and colours and consistent with the style and age of the building.
(7)  Replacement glass must meet any applicable Australian Standards.
Outdoor dining areas in Zone B1 or Zone B2
(1)  Must be associated with a restaurant or cafe being carried out with lawful consent.
(2)  Must not be associated with a pub or take away food and drink premises.
(3)  Must be located adjacent to the associated premises.
(4)  Must not provide seating for more than 6 patrons.
(5)  Must not result in the premises exceeding its approved seating capacity.
(6)  Must not be used before 7.30am or after 10.00pm.
(7)  Must be set back to accommodate a straight, unobstructed path that is at least 1.5m wide for pedestrians.
(8)  Must not include the installation of any structures other than tables, chairs, umbrellas, heaters and barriers, which must be maintained and in good working order.
(9)  Tables, chairs and umbrellas must not incorporate advertising.
(10)  Maximum height of barriers—1m.
(11)  If located on the footway of a public road, must be consistent with an approval granted under section 125 of the Roads Act 1993.
(12)  If located on community land, use must be consistent with an approval under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
Public art on footpaths (including sculptures, murals and pavement installations)
(1)  Must be installed by or on behalf of Council.
(2)  Must be structurally sound.
(3)  Must not contain advertising material.
(4)  Must be designed, fabricated and installed in accordance with any applicable Australian Standard.
(5)  Must allow a minimum 1.5m wide pathway for pedestrians.
(6)  Must be consistent with any approval required under the Roads Act 1993.
Repair of structural foundations (external) on land in a heritage conservation area
(1)  Must not be associated with a dwelling house.
(2)  Must not result in a change to the height of the structure being repaired.
(3)  Must be carried out by a qualified builder.
Roller doors attached to freestanding structures
(1)  Must not be carried out on or in, or in relation to, a heritage item.
(2)  If the roller door is to provide vehicular access to the site, must have approval for vehicular access.
(3)  Maximum width—3m.
(4)  Maximum height—2.6m above ground level (existing).
(5)  Roller door roll must be covered or enclosed when elevated.
(6)  Materials must be consistent with any existing fence, if possible.
(7)  Must be installed in accordance with any applicable Australian Standard.
(8)  Must be located off a rear lane.
Note—
Clause 4.3A specifies specific controls for landscaped areas in Zone R1 General Residential.
Signage—general requirements
Must comply with the following requirements—
(a)  must be erected in accordance with any applicable Australian Standard,
(b)  must not cover mechanical ventilation inlets or outlets or obscure other signs,
(c)  if erected over a public road, must be at least 600mm from kerb or roadway edge,
(d)  must not be flashing.
Signage—business identification signs for home businesses and home occupations
(1)  Must comply with the general requirements for signage.
(2)  Maximum area—0.75m2.
(3)  1 sign per premises.
(4)  Must be attached to the ground floor facade of a dwelling.
(5)  Must not be illuminated, unless the sign is an illuminated gate light box identifying premises as place of practice of health professional.
(6)  Must not relate to home occupations (sex services), restricted premises or sex services premises.
Signage—business identification signs in Zone R1
(1)  Must comply with the general requirements for signage.
(2)  Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.
(3)  Maximum area—0.75m2.
(4)  1 sign per premises.
(5)  Must not be illuminated.
(6)  Must not protrude above an awning.
(7)  If over a public road—must be erected at a height of no less than 2.6m above ground/pavement level.
Signage—business identification signs in zones other than Zone R1
(1)  Must comply with the general requirements for signage.
(2)  Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.
(3)  Maximum area of signage per premises—5.75m2.
(4)  Must not protrude above an awning.
(5)  Must be erected at ground floor level.
(6) Fascia signs Signs attached to the fascia or return end of an awning must comply with the following requirements—
(a)  1 sign per premises or occupancy.
(b)  Must be flush-mounted.
(c)  Must not project above or below the existing fascia or return end of the existing awning.
(d)  Must not be illuminated.
(e)  Must be securely fixed.
(7) Flush wall signs Signs flush-mounted to walls must comply with the following requirements—
(a)  1 sign per premises or occupancy.
(b)  Maximum size—0.75m2.
(c)  Must not project above or beyond wall to which it is attached.
(d)  Must not cover any window or architectural feature.
(e)  Must not be illuminated.
(8) Painted wall signs Signs painted on walls must comply with the following requirements—
(a)  1 sign per wall.
(b)  Maximum size—0.75m2.
(c)  Must not be illuminated.
(9) Suspended under awning signs Signs attached to the underside of an awning must comply with the following requirements—
(a)  1 sign per premises or occupancy.
(b)  Must be erected at right angles to building.
(c)  Must be securely fixed by metal supports not exceeding 0.05m in width or diameter.
(d)  Maximum length—2.5m.
(e)  Maximum height—0.5m.
(f)  If erected over a public road—must be suspended at least 2.6m above ground level.
(g)  Must not project beyond the edge of the awning.
(h)  Must be at least 3m between centre of sign and centre of any other under awning sign.
(10) Top hamper signs Signs attached to the transom of a doorway or display window of a building must comply with the following requirements—
(a)  1 sign per premises or occupancy.
(b)  Maximum area—2.5m2.
(c)  Must not extend below the head of the doorway or window to which it is attached.
(d)  Must be flush-mounted.
(e)  Must not project beyond building.
(f)  Must be securely fixed.
(11) Window signs Signs attached to, or displayed on, shop windows must comply with the following requirements—
(a)  1 sign per premises or occupancy.
(b)  Must not cover more than 20% of window area.
Signage—community notice and directional signs
(1)  Must comply with the general requirements for signage.
(2)  Maximum size—6m2.
(3)  Must not be illuminated.
Signage—real estate signs (advertising premises or land for sale or lease)
(1)  Must comply with the general requirements for signage.
(2)  1 sign per premises.
(3)  Maximum size—
(a)  if located in Zone R1 General Residential—1.5m2, or
(b)  if located in any other zone—3.5m2.
(4)  Must not be internally illuminated, but may be floodlit.
(5)  Must be removed no later than 10 days after sale or lease of premises.
(6)  Must be flush-mounted to wall or fence of premises to which it relates.
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
Change of use of land from restaurant or cafe to small bar or from small bar to restaurant or cafe
Land must be in Zone B2 Local Centre.
Note—
The use of a footpath as an outdoor dining area may be exempt development if it is associated with a restaurant or cafe but cannot be exempt development if it is associated with a small bar: see State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 2, Division 1, Subdivision 20A (Footpaths—outdoor dining).
Structural works (other than works to which State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 applies)
(1)  Must not be carried out on or in, or in relation to, a heritage item or draft heritage item.
(2)  External works must not alter the appearance of the building.
(3)  External works must only be carried out for the purpose of replacing existing external features.
(4)  If the work involves a wall, floor or ceiling shared between 2 properties, the written approval of the affected owners must be obtained.
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.
Condition that applies to change of use of land from restaurant or cafe to small bar or from small bar to restaurant or cafe
(1)  This clause applies to a change of use of land—
(a)  from a restaurant or cafe to a small bar, or
(b)  from a small bar to a restaurant or cafe.
(2)  The development is subject to a condition that the new use must be in accordance with the conditions of development consent applying to the old use that relate to hours of operation, noise, car parking, loading, vehicular movement, traffic generation, waste management and landscaping.
sch 3: Am 2018 (633), cl 4 (1) (2).
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
Lilyfield
Lot B, DP 159831, near Church Street, and being part of the land known as the Le Montage Function Centre car park
Lilyfield
Part of Lot 2, DP 599686, near Church Street, identified as “Operational Land” on the Land Reclassification (Part Lots) Map, and being part of the land known as the Le Montage Function Centre car park
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 2015 (758), cl 5 (1).
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item Name
Address
Property Description
Significance
Item no
Annandale
Street trees
Annandale Street
Road reserve
Local
I9
Annandale
Substation
33 Annandale Street
Lot 18, DP 667337
Local
I1
Annandale
House, “Haledon”, including interiors
181 Annandale Street
Lot 20, DP 1013935
Local
I2
Annandale
Former shop and residence, including interiors
216 Annandale Street
Lot 13, DP 1030554
Local
I3
Annandale
Former shop and residence, “Craiglea”, including interiors
291 Annandale Street
Lot 1, DP 917246
Local
I4
Annandale
Former shop and residence, “Craiglea”, including interiors
293 Annandale Street
Lot 12, DP 667545
Local
I5
Annandale
Terrace, including interiors
302 Annandale Street
Corner Lot 12, DP 658898
Local
I6
Annandale
Semi-detached house, “Pen Dinas”, including interiors
342 Annandale Street
Lot A, DP 179915
Local
I7
Annandale
Shop and residence, including interiors
349 Annandale Street
Corner Lot 73, DP 5547
Local
I8
Annandale
Street trees—row of Brush Box
Bayview Crescent
Road reserve
Local
I10
Annandale
Iron/sandstone palisade fence
Bayview Crescent
Road reserve
Local
I11
Annandale
Annandale Post Office, including interiors
115–117 Booth Street
Lot 2, DP 404947
Local
I12
Annandale
House, including interiors
11 Collins Street
Lot 11, DP 746846
Local
I13
Annandale
Semi-detached house, “Agincourt”, including interiors
13–15 Collins Street
Lots 1–8, CP/SP 57719
Local
I14
Annandale
Former police station, including interiors
21 Collins Street
Lots 30 and 31, Section 26, DP 854
Local
I15
Annandale
St Brendan’s Parish Home, including interiors
34 Collins Street
Lots 5 and 6, DP 2973
Local
I16
Annandale
St Brendan’s Convent, including interiors
36 Collins Street
Lot 4, DP 1762
Local
I17
Annandale
Semi-detached house, including interiors
57 Ferris Street
Lot 1, DP 247446
Local
I18
Annandale
Semi-detached house, including interiors
59 Ferris Street
Lot 2, DP 247446
Local
I19
Annandale
Semi-detached house, including interiors
61 Ferris Street
Lot 3, DP 247446
Local
I20
Annandale
Semi-detached house, including interiors
63 Ferris Street
Lot 4, DP 247446
Local
I21
Annandale
Semi-detached house, including interiors
65 Ferris Street
Lot 15, DP 805301
Local
I22
Annandale
Semi-detached house, including interiors
67 Ferris Street
Lot 16, DP 805301
Local
I23
Annandale
Semi-detached house, including interiors
69 Ferris Street
Lot 17, DP 805301
Local
I24
Annandale
Semi-detached house, including interiors
71 Ferris Street
Lot 18, DP 805301
Local
I25
Annandale
Substation—Sydney Water (SP:5), including interiors
1B Hutchinson Street
Lot 1, DP 777651
Local
I26
Annandale
Hunter Baillie Memorial Church, including interiors
Johnston Street
Lot 13, Section 27, DP 638; Lot 14, Section 27, DP 638
State
I47
Annandale
St Brendan’s Catholic Church, including interiors
Johnston Street
Corner Lot 3, DP 1762
Local
I44
Annandale
Street trees—Brush Box
Johnston Street
Road reserve
Local
I66
Annandale
Sandstone retaining wall and Winkworth steps
Johnston Street, intersection with Rose Street
Road reserve
Local
I58
Annandale
House, including interiors
1 Johnston Street
Lot 28, DP 1023; Lot 1, DP 130284
Local
I28
Annandale
Goodman’s Building, including interiors
6 Johnston Street
Lot 4, DP 33479
State
I30
Annandale
House, including interiors
7 Johnston Street
Lots 21 and 22, DP 1023
Local
I29
Annandale
Goodman’s Building, including interiors
8 Johnston Street
Lot 3, DP 33479
State
I31
Annandale
Goodman’s Building, including interiors
10 Johnston Street
Lot 2, DP 33479
State
I32
Annandale
Goodman’s Building, including interiors
12 Johnston Street
Lot 1, DP 33479
State
I33
Annandale
Annandale House gates
25 Johnston Street
Lot 1, DP 791747
Local
I35
Annandale
Annandale Public School, including interiors
25 Johnston Street
Lot 1, DP 791747
Local
I34
Annandale
“Norton House”, including interiors
33 Johnston Street
Lot 2, DP 601796
Local
I36
Annandale
House, including interiors
35 Johnston Street
Lot 1, DP 928301
Local
I37
Annandale
House, including interiors
36 Johnston Street
Lot 11, DP 664256
Local
I40
Annandale
Semi-detached house, including interiors
38 Johnston Street
Lot 1, DP 796747
Local
I41
Annandale
House, including interiors
39 Johnston Street
Lot 1, DP 918129
Local
I38
Annandale
Semi-detached house, including interiors
40 Johnston Street
Lot 1, DP 448305
Local
I42
Annandale
House, including interiors
41 Johnston Street
Lot 1, DP 918075
Local
I39
Annandale
House, “Wallscourt”, including interiors
46 Johnston Street
Lot 8, DP 998; Lot 7, DP 911926; Lot 1, DP 973769
Local
I43
Annandale
Former Annandale Council Chambers, including interiors
79 Johnston Street
Lot 8, Section 1, DP 1048; Lot 9, Section 1, DP 1048
Local
I45
Annandale
Uniting Church and hall, including interiors
81–81A Johnston Street
Lot 10, DP 667401; Lot 1, DP 908723
Local
I46
Annandale
House, including interiors
84 Johnston Street
Lot 101, DP 1000701
Local
I48
Annandale
Shop and residence “The Colonnade”, including interiors
99 Johnston Street
Lot C, DP 442806
Local
I50
Annandale
Shop and residence “The Colonnade”, including interiors
101 Johnston Street
Lot B, DP 442806
Local
I51
Annandale
Shop and residence “The Colonnade”, including interiors
103 Johnston Street
Lot A, DP 442806
Local
I52
Annandale
House, including interiors
132 Johnston Street
Lot 4, DP 907892
Local
I53
Annandale
House, including interiors
134 Johnston Street
Lot 1, DP 304675
Local
I54
Annandale
Substation, including interiors
182 Johnston Street
Lots 3 and 4, DP 131214
State
I55
Annandale
House, including interiors
191 Johnston Street
Lot 2, DP 203919
Local
I56
Annandale
North Annandale Public School, including interiors
196–212 Johnston Street
Lot 1, DP 723531; Lot 1, DP 122326; Lot 1, DP 122327; Lot 12, DP 34187; Lots 1 and 2, DP 203367; Lot 1, DP 1093196
Local
I57
Annandale
Large sandstone wall and gateways to homes
258–272 Johnston Street
 
Local
I59
Annandale
House, “Kenilworth”, including interiors
260 Johnston Street
Lot 1, DP 34646; Lot 19, DP 483
Local
I60
Annandale
House, “Highroyd”, including interiors
262 Johnston Street
Lot 20, DP 483
Local
I61
Annandale
House, “Hockingdon”, including interiors
264 Johnston Street
Lot 21, DP 483
Local
I62
Annandale
House, “Greba”, including interiors
266 Johnston Street
Lot 1, DP 740187
Local
I63
Annandale
House, “Oybin”, including interiors
270 Johnston Street
Lot 501, DP 834867
Local
I64
Annandale
House, “The Abbey”, including interiors
272 Johnston Street
Corner Lot 1, DP 34644
Local
I65
Annandale
Sandstone retaining wall
279 Johnston Street
Lot 1, DP 851142
Local
I83
Annandale
Bridge at Parramatta Road, including interiors
Johnston’s Creek
Part Lot 2, DP 739883
Local
I27
Annandale
Goodman’s Building, including interiors
105 Parramatta Road
Lot 1, DP 566925; Lot 2, DP 566925
State
I67
Annandale
Goodman’s Building, including interiors
107 Parramatta Road
Lot 5A, DP 33479
State
I68
Annandale
Goodman’s Building, including interiors
111 Parramatta Road
Lot 6, DP 33479
State
I69
Annandale
Goodman’s Building, including interiors
113 Parramatta Road
Lot 7, DP 33479
State
I70
Annandale
Goodman’s Building, including interiors
115 Parramatta Road
Lot 8, DP 33479
State
I71
Annandale
Goodman’s Building, including interiors
117 Parramatta Road
Lot 9, DP 33479
State
I72
Annandale
Goodman’s Building, including interiors
119 Parramatta Road
Lot 10, DP 33479
State
I73
Annandale
Hinsby Reserve
Piper Street
Lot 57, Section 13, DP 638
Local
I76
Annandale
War memorial
Piper Street
Lot 57, Section 13, DP 638
Local
I77
Annandale
Whites Creek Aqueduct
Piper Street
Part Lots 1 and 2, DP 343175; Part Lot 3, Section 53, DP 1577; Part Lot 3, Section 16, DP 1577; Part Lots 1 and 2, DP 1164677; Part Lots 1 and 2, DP 1046985; Part DP 192372
State
I74
Annandale
Avenue of Phoenix canariensis
Railway Parade
Road reserve
Local
I79
Annandale
Street trees—row of Palms
Railway Parade
Road reserve
Local
I78
Annandale
Sewer Pumping Station No. 4, including interiors
Rose Street
Lot 1, DP 434247
Local
I80
Annandale
Johnston’s Creek sewer aqueduct
Taylor Street (Hogan Park)
 
State
I75
Annandale
House, including interiors
1 The Avenue
Lot 1, DP 780027
Local
I81
Annandale
House, including interiors
3 The Avenue
Lot 1, DP 911437
Local
I82
Annandale
House, “Edwinville”, including interiors
41 Trafalgar Street
Lot 14, DP 668070
Local
I85
Annandale
Former Beales Piano Factory, including interiors
43–47 Trafalgar Street
Lot 1, DP 270185; Lot 8, DP 270185; Lots 1–30, CP/SP 58575; Lots 1–22, CP/SP 58576; Lots 1–21, CP/SP 58708; Lots 1–12, CP/SP 58709; Lots 1–22, CP/SP 58710; Lots 1–24, CP/SP 58711
Local
I86
Annandale
House, including interiors
49 Trafalgar Street
Lot 24, Section 3, DP 245
Local
I87
Annandale
Former shop and residence, including interiors
55 Trafalgar Street
Lot 1, DP 900219
Local
I88
Annandale
Semi-detached house, including interiors
233 Trafalgar Street
Lot 1, DP 900867
Local
I89
Annandale
Semi-detached house, including interiors
235 Trafalgar Street
Lot 1, DP 921170
Local
I90
Annandale
Former house, including interiors
245 Trafalgar Street
Lot 30, Section 14, DP 1080
Local
I91
Annandale
Former shop and residence, including interiors
268 Trafalgar Street
Lot 1, DP 216795
Local
I92
Annandale
Former shop and residence, including interiors
81 Young Street
Lot A, DP 342765
Local
I93
Balmain
Semi-detached house, including interiors
3 Adolphus Street
Lot 1, DP 1076407
Local
I94
Balmain
Semi-detached house, including interiors
5 Adolphus Street
Lot 2, DP 1076407
Local
I95
Balmain
House, former church and hall, including interiors
7 Adolphus Street
Lot 16, DP 939721
Local
I96
Balmain
House, including interiors
9 Adolphus Street
Lot 15, DP 1087641
Local
I97
Balmain
House, including interiors
11 Adolphus Street
Lot 100, DP 1042296
Local
I98
Balmain
Semi-detached house, including interiors
13 Adolphus Street
Lot 101, DP 1042296
Local
I99
Balmain
Semi-detached house, including interiors
15 Adolphus Street
Lot 1, DP 711732
Local
I100
Balmain
Semi-detached house, including interiors
17 Adolphus Street
Lot 1, DP 226058
Local
I101
Balmain
Former stone outbuilding, including interiors
18A Adolphus Street
Part Lot 3, Section B, DP 396; Part Lot 4, Section B, DP 396
Local
I110
Balmain
Semi-detached house, including interiors
19 Adolphus Street
Lot 2, DP 226058
Local
I102
Balmain
Semi-detached house, including interiors
21 Adolphus Street
Lot 3, DP 226058
Local
I103
Balmain
Semi-detached house, including interiors
23 Adolphus Street
Lot 4, DP 226058
Local
I104
Balmain
House, including interiors
25 Adolphus Street
Lot 1, DP 710966
Local
I105
Balmain
Semi-detached house, including interiors
27 Adolphus Street
Lot A, DP 107252
Local
I106
Balmain
Semi-detached house, including interiors
29 Adolphus Street
Lot B, DP 107252
Local
I107
Balmain
Semi-detached house, including interiors
31 Adolphus Street
Lot C, DP 107252
Local
I108
Balmain
Semi-detached house, including interiors
33 Adolphus Street
Lot D, DP 107252
Local
I109
Balmain
Terrace, including interiors
3 Alexander Street
Lot 103, DP 1119442
Local
I111
Balmain
Terrace, including interiors
5 Alexander Street
Lot 102, DP 1097279
Local
I112
Balmain
House, including interiors
27 Ann Street
Lot A, DP 438598
Local
I113
Balmain
Street trees—row of Phoenix canariensis
Barr Street
Road reserve
Local
I114
Balmain
Anne Cashman Reserve
Beattie Street
Lot 647, DP 729093
Local
I128
Balmain
Commercial building, including interiors
88 Beattie Street
Lot 3, DP 62614
Local
I115
Balmain
Commercial terrace, including interiors
91 Beattie Street
Lot 5, DP 436922; FO 13
Local
I117
Balmain
Commercial terrace, including interiors
93 Beattie Street
Lot 4, DP 436922
Local
I118
Balmain
Exchange Hotel, including interiors
94 Beattie Street
Lot 1, DP 1088486
Local
I116
Balmain
Commercial terrace, including interiors
95 Beattie Street
Lot 3, DP 436922
Local
I119
Balmain
Commercial terrace, including interiors
97 Beattie Street
Lot 2, DP 436922
Local
I120
Balmain
Commercial terrace, including interiors
99 Beattie Street
Lot 1, DP 436922
Local
I121
Balmain
Former Mertonville Hotel, including interiors
141 Beattie Street
Lot B, DP 158621
Local
I122
Balmain
Timber terrace, including interiors
147 Beattie Street
Lot 1, DP 770442
Local
I123
Balmain
Timber terrace, including interiors
149 Beattie Street
Lot 1, DP 198451
Local
I124
Balmain
Timber terrace, including interiors
151 Beattie Street
Lot 1, DP 715933
Local
I125
Balmain
Terrace, including interiors
186 Beattie Street
Lot 12, DP 2320
Local
I126
Balmain
Terrace, including interiors
188 Beattie Street
Corner Lot 11, DP 2320
Local
I127
Balmain
The Riverview Hotel, including interiors
29 Birchgrove Road
Corner Lot 1, DP 306689
Local
I129
Balmain
House, “Lorne Villa”, including interiors
33 Birchgrove Road
Lot B, DP 323145
Local
I130
Balmain
“Lilywill”, including interiors
54 Birchgrove Road
Lot 4, DP 71747
Local
I131
Balmain
Semi-detached house, including interiors
66 Birchgrove Road
Lot 4, DP 650473
Local
I132
Balmain
Semi-detached house, including interiors
68 Birchgrove Road
Lot 1, DP 106241
Local
I133
Balmain
House, “St Kilda”, including interiors
75 Birchgrove Road
Lot 1, DP 945460
Local
I134
Balmain
House, including interiors
77 Birchgrove Road
Lot 1, DP 723365
Local
I135
Balmain
Single terrace, including interiors
79 Birchgrove Road
Lot 4, DP 574403
Local
I136
Balmain
House, “Ewenton”, gatepost and fig trees, including interiors
1 Blake Street
Lot 4, DP 712619
State
I137
Balmain
Balmain Hospital complex, including interiors
37 Booth Street
Lot 11, DP 1006912; Lot 1, DP 1012848
Local
I139
Balmain
Balmain Hospital—Main Building, including interiors
37 Booth Street
Lot 11, DP 1006912
State
I138
Balmain
House, including interiors
39 Booth Street
Lot 1, DP 112755
Local
I140
Balmain
House, including interiors
41 Booth Street
Lot A, DP 377778
Local
I141
Balmain
House, including interiors
1 Bridge Street
Lot 1, DP 799643
Local
I142
Balmain
House, including interiors
4 Broderick Street
Lot 2, DP 1031094
Local
I144
Balmain
Semi-detached house, including interiors
6 Broderick Street
Lot 1, DP 555123
Local
I145
Balmain
Semi-detached house, including interiors
8 Broderick Street
Lot 2, DP 555123
Local
I146
Balmain
Dry Dock Hotel, including interiors
22 Cameron Street
Lot 1, DP 65627
Local
I147
Balmain
House, “The Old Place”, including interiors
1 Campbell Lane
Lot B, DP 419893
Local
I148
Balmain
Presbyterian Church, including interiors
7A Campbell Street
Lot 115, DP 1017474
Local
I149
Balmain
Presbyterian Church and terrace house, including interiors
9 Campbell Street
Lot 116, DP 1017474
Local
I150
Balmain
Presbyterian Manse, including interiors
11 Campbell Street
Lot 7, DP 51868
Local
I151
Balmain
Stone houses, including interiors
20 Campbell Street
Lot 1, DP 199800
Local
I152
Balmain
Stone houses, including interiors
22 Campbell Street
Lot 1, DP 1041915
Local
I153
Balmain
House, including interiors
33–37 Campbell Street
Lot 13, DP 598643
Local
I154
Balmain
Stone terrace house, including interiors
34 Campbell Street
Corner Lot 1, DP 584728
Local
I155
Balmain
Stone terrace house, including interiors
36 Campbell Street
Lot 11, DP 1099843
Local
I156
Balmain
House, “Kinsale”, including interiors
68 Campbell Street
Lot 1, DP 780859; Lot 421, DP 752049
Local
I157
Balmain
House, including interiors
70 Campbell Street
Lot 1, DP 723756; Lot 1, DP 58701
Local
I158
Balmain
House, including interiors
72 Campbell Street
Lot 9, DP 741035; Lot 1, DP 559580
Local
I159
Balmain
Street trees—various species
Carrington Street
Road reserve
Local
I160
Balmain
Semi-detached house, including interiors
2 Charles Street
Corner Lot 2, DP 572085
Local
I161
Balmain
Semi-detached house, including interiors
4 Charles Street
Lot 1, DP 572085
Local
I162
Balmain
House, “Moorfield”, including interiors
6 Charles Street
Lot A, DP 317986
Local
I163
Balmain
Semi-detached weatherboard house, including interiors
42 Clayton Street
Lot 1, DP 709844
Local
I164
Balmain
Semi-detached weatherboard house, including interiors
44 Clayton Street
Lot 1, DP 538321
Local
I165
Balmain
Stone house, including interiors
1 Colgate Avenue
Lot 1, DP 1117295
Local
I166
Balmain
Terrace house, including interiors
5 Colgate Avenue
Lot 1, DP 228605
Local
I167
Balmain
Terrace house, including interiors
7 Colgate Avenue
Lot 2, DP 228605
Local
I168
Balmain
Terrace house, including interiors
9 Colgate Avenue
Lot 3, DP 228605
Local
I169
Balmain
Terrace house, including interiors
11 Colgate Avenue
Lot 4, DP 228605
Local
I170
Balmain
Terrace house, including interiors
13 Colgate Avenue
Lot 5, DP 228605
Local
I171
Balmain
Former Colgate Palmolive factory buildings, including interiors
22–23 Colgate Avenue
Lots 1–109, CP/SP 61138
Local
I172
Balmain
Public reserve (part of site of former Colgate Palmolive factory)
24 Colgate Avenue
Lot 210, DP 1006214; road reserve
Local
I173
Balmain
Royal Oak Hotel, including interiors
36 College Street
Lot 1, DP 724879; Lot B, DP 345827
Local
I174
Balmain
Terrace, including interiors
33 Curtis Road
Lot 2, DP 228643
Local
I175
Balmain
Terrace, including interiors
35 Curtis Road
Lot 1, DP 228643
Local
I176
Balmain
Former corner shop, including interiors
106 Curtis Road
Lot 106, DP 622126
Local
I177
Balmain
Former shop and residence and original signs, including interiors
113 Curtis Road
Lot B, DP 38700
Local
I178
Balmain
Former post office mail box
Darling Street (Balmain Post Office)
Road reserve adjacent to 366B Darling Street
Local
I204
Balmain
War memorial
Darling Street (Loyalty Square)
Road reserve
Local
I206
Balmain
Gladstone Park, including pump house, bandstand remains, plantings and other landscape elements
Darling Street
Part Lot 1, DP 724348
Local
I207
Balmain
Stone kerb
Corner Darling and Beattie Streets (Unity Hall Hotel)
Road reserve adjacent to 292–294 Darling Street
Local
I205
Balmain
Stone building, including interiors
139–143 Darling Street
Lot 1, DP 1009431
Local
I179
Balmain
Stone house, including interiors
147 Darling Street
Lot A, DP 442842
Local
I180
Balmain
Terrace house, including interiors
149 Darling Street
Lot B, DP 442842
Local
I181
Balmain
Terrace house, including interiors
151 Darling Street
Lot C, DP 442842
Local
I182
Balmain
Former shop and residence, including interiors
153 Darling Street
Lot 1, DP 709057
Local
I183
Balmain
Former shop and residence, including interiors
155 Darling Street
Lot B, DP 157294
Local
I184
Balmain
Former shop and residence, including interiors
157 Darling Street
Lot A, DP 157294
Local
I185
Balmain
Semi-detached former shop and residence, including interiors
165 Darling Street
Lot 281, DP 601910
Local
I186
Balmain
Semi-detached former shop and residence, including interiors
167 Darling Street
Lot 280, DP 601910
Local
I187
Balmain
House, former shop, including interiors
177 Darling Street
Lot B, DP 155019
Local
I188
Balmain
Balmain watch house, including interiors
179 Darling Street
Lot 650, DP 729255
Local
I189
Balmain
Former Volunteer Hotel, including interiors
214 Darling Street
Lot 2, DP 1102531
Local
I190
Balmain
St Andrew’s Congregational Church group, including interiors
217–223 Darling Street
Lot 1, DP 1014393
Local
I191
Balmain
The London Hotel, including interiors
234 Darling Street
Corner Lot P, DP 88024
Local
I192
Balmain
Former Oddfellows Hall, including interiors
236 Darling Street
Lot 1, DP 588248
Local
I193
Balmain
Commercial building, including interiors
238 Darling Street
Lot 11, DP 1168946
Local
I194
Balmain
Westpac Bank, including interiors
274 Darling Street
Lots 16–18, DP 2654
Local
I195
Balmain
Former Working Men’s Institute, including interiors
332 Darling Street
Lot 12, Section A, DP 77; Lot 13, Section A, DP 77
Local
I196
Balmain
Commercial building, including interiors
363–377 Darling Street
Lot 2, DP 225095
Local
I199
Balmain
Balmain Post Office, including interiors
366B Darling Street
Lot 2, DP 777129
Local
I197
Balmain
Balmain Courthouse and Police Station, including interiors
368 Darling Street
Lots 1–4, DP 772485
Local
I198
Balmain
Balmain Town Hall, including interiors
370 Darling Street
Lot 1, DP 797901
Local
I200
Balmain
Fire Station, including interiors
391 Darling Street
Lot 1, DP 1042027
Local
I201
Balmain
House, including interiors
393 Darling Street
Lot 1, DP 997020
Local
I202
Balmain
House, including interiors
449 Darling Street
Lot 2, Section 1, DP 901; Lot 3, Section 1, DP 901
Local
I203
Balmain
Birrung Park
Donnelly Street
Lot 660, DP 729275
Local
I208
Balmain
Balmain Public School, including interiors
1 Eaton Street
Lots 651 and 652, DP 729096; Lot 1, DP 724309
Local
I209
Balmain
Father John Therry Catholic Primary School, including interiors
2 Eaton Street
Lot 393, DP 752049
Local
I210
Balmain
Street tree—Ficus macrophylla
Elliot Street
Road reserve
Local
I212
Balmain
Street trees—2 Ficus macrophylla
Elliot Street
Road reserve
Local
I213
Balmain
House, “Braeside”, including interiors
96 Elliot Street
Lots 1, 2 and 6, DP 301; Lot 1, DP 909271; Lot 1, DP 909386
Local
I211
Balmain
Terrace, including interiors
8 Evans Street
Lot B, DP 439157
Local
I214
Balmain
Terrace, including interiors
10 Evans Street
Lot A, DP 439157
Local
I215
Balmain
House, “Kinvarra”, including interiors
3 Ewenton Street
Corner Lot 1, DP 980513
Local
I216
Balmain
House, “Shannon Grove”, including interiors
10 Ewenton Street
Lot 1, Section A, DP 396
Local
I217
Balmain
House, “Bayview”, including interiors
14 Fawcett Street
Lot 1, DP 198762
Local
I218
Balmain
Fitzroy Avenue Park
1 Fitzroy Avenue
Lot 1, DP 131599; Lots 49–55, DP 1352; Lots 1 and 2, DP 829155
Local
I219
Balmain
Terrace house, including interiors
2 Fitzroy Avenue
Lot 1, DP 240015
Local
I220
Balmain
Terrace house, including interiors
4 Fitzroy Avenue
Lot 2, DP 240015
Local
I221
Balmain
Terrace house, including interiors
6 Fitzroy Avenue
Lot 3, DP 240015
Local
I222
Balmain
Terrace house, including interiors
8 Fitzroy Avenue
Lot 4, DP 240015
Local
I223
Balmain
Terrace house, including interiors
10 Fitzroy Avenue
Lot 5, DP 240015
Local
I224
Balmain
Terrace house, including interiors
12 Fitzroy Avenue
Lot 6, DP 240015
Local
I225
Balmain
Semi-detached house, including interiors
2 Gladstone Street
Lot 4, DP 567741
Local
I226
Balmain
Semi-detached house, including interiors
4 Gladstone Street
Lot 3, DP 567741
Local
I227
Balmain
Dawn Fraser Swimming Pool, including interiors
Glassop Street
Lot 639, DP 752049; Lot 1, DP 179092, Lease lot Lease Plan PM1054XL
State
I237
Balmain
Elkington Park
Glassop Street
Lot 1, DP 724787; Lots 1 and 2, DP 797906; Lot 1, DP 952059; Lot UNUM
Local
I238
Balmain
House, including interiors
6 Glassop Street
Lot 1, DP 194044
Local
I228
Balmain
Terrace, including interiors
41 Glassop Street
Lot B, DP 443896
Local
I229
Balmain
Terrace, including interiors
43 Glassop Street
Lot A, DP 443896
Local
I230
Balmain
Terrace, including interiors
44 Glassop Street
Lot 5, DP 923768
Local
I231
Balmain
Terrace, including interiors
46 Glassop Street
Lot 4, DP 923768, VOL 1499 Folio 89
Local
I232
Balmain
Terrace, including interiors
48 Glassop Street
Lot 3, DP 923768, VOL 7003 Folio 55
Local
I233
Balmain
Terrace, including interiors
50 Glassop Street
Lot 2, DP 923768
Local
I234
Balmain
Terrace, including interiors
52 Glassop Street
Lot 1, DP 923768
Local
I235
Balmain
Terrace, including interiors
54 Glassop Street
Corner Lot 15, DP 3064
Local
I236
Balmain
Ewenton Park
Grafton Street
Lot 2, DP 712618; Lot 101, DP 706127; road reserve
Local
I240
Balmain
House, “Hampton Villa”, including interiors
12B Grafton Street
Corner Lot C, DP 398936
State
I239
Balmain
Street trees—row of Brush Box
Hyam Street
Road reserve
Local
I241
Balmain
Street trees—row of Phoenix canariensis
Isabella Street
Road reserve
Local
I242
Balmain
Victorian sandstone terraces, including interiors
2 Jane Street
Lot 2, DP 548573
Local
I243
Balmain
St Augustine of Hippo Church, Chapel and Presbytery, including interiors
3 Jane Street
Lot 60, DP 48; Lot 1, DP 86277
Local
I250
Balmain
Terrace, including interiors
4 Jane Street
Lot 1, DP 545638
Local
I244
Balmain
Terrace, including interiors
6 Jane Street
Lot 3, DP 548573
Local
I245
Balmain
Terrace, including interiors
8 Jane Street
Lot 1, DP 233994
Local
I246
Balmain
Terrace, including interiors
10 Jane Street
Lot 2, DP 233994
Local
I247
Balmain
Terrace and front fence, “Rosebank”, including interiors
11 Jane Street
Lot 3, DP 66415
Local
I251
Balmain
Terrace, including interiors
12 Jane Street
Lot 3, DP 233994
Local
I248
Balmain
Terrace and front fence, “Cairngorm”, including interiors
13 Jane Street
Lot 1, DP 64178
Local
I252
Balmain
Former convent and fence, including interiors
14A, 14B and 14C Jane Street
Lots 11–13, DP 1041574
Local
I249
Balmain
Street trees—Brush Box and Ficus hillii sp
Llewellyn Street
Road reserve
Local
I254
Balmain
Former Masonic Hall, including interiors
27A Llewellyn Street
Lot 30, DP 662296
Local
I253
Balmain
Stone drain
Little Stephen Street abutting 52 Palmer Street
Road reserve
Local
I255
Balmain
Rowntree Memorial
Macquarie Terrace
Road reserve
Local
I257
Balmain
Street trees—Brush Box and palms
Macquarie Terrace
Road reserve
Local
I256
Balmain
Former Masonic Hall, including interiors
6 Montague Street
Lot 30, DP 662295; Lots 3 and 4, DP 905298
Local
I258
Balmain
Former Masonic Hall, including interiors
8 Montague Street
Lot 5, DP 905298
Local
I259
Balmain
Former Central Methodist Mission, including interiors
19 Montague Street
Lot B, DP 394886
Local
I260
Balmain
Balmain Co-op Society Limited, including interiors
28–30A Montague Street
Corner Lots 10 and 12, DP 2821; Lot 11, DP 2821
Local
I261
Balmain
Former Ship Painters & Dockers Union Hall, including interiors
36 Mort Street
Lot 1, DP 503471
Local
I262
Balmain
Former Star Hotel, including interiors
91 Mort Street
Lots 1–10, CP/SP 50371
Local
I263
Balmain
House, including interiors
93 Mort Street
Lot 9, Section 26, DP 111126
Local
I264
Balmain
Former Star Hotel, including interiors
97 Mort Street
Lot 3, DP 562948
Local
I266
Balmain
Former Forth and Clyde Hotel, including interiors
101 Mort Street
Lot 2, DP 562209
Local
I267
Balmain
Sandstone retaining wall
107 Mort Street
Lot 2, DP 601541
Local
I268
Balmain
Sandstone retaining wall
109 Mort Street
Lot 2, DP 16001
Local
I269
Balmain
House, including interiors
20 Palmer Street
Lot 1, DP 194773
Local
I270
Balmain
Semi-detached house, including interiors
36 Palmer Street
Lot 1, DP 198350
Local
I271
Balmain
Semi-detached house, including interiors
38 Palmer Street
Lot 1, DP 986373
Local
I272
Balmain
House, including interiors
46 Palmer Street
Corner Lot 1, DP 196151
Local
I273
Balmain
House, including interiors
48 Palmer Street
Lot 1, DP 200271
Local
I274
Balmain
House, including interiors
50 Palmer Street
Lot 1, DP 216915
Local
I275
Balmain
House and former shop, including interiors
52 Palmer Street
Lot 2, DP 216915
Local
I276
Balmain
Stone wall
54 Palmer Street
Corner Lot 6, DP 44
Local
I277
Balmain
Street walls
56 Palmer Street
Corner Lot 5, DP 44
Local
I278
Balmain
House, including interiors
60 Palmer Street
Corner Lot 3, DP 44
Local
I279
Balmain
House, including interiors
62 Palmer Street
Corner Lot 2, DP 44
Local
I280
Balmain
House, including interiors
64 Palmer Street
Corner Lot 1, DP 44; Lot 2, DP 664599
Local
I281
Balmain
Terrace, including interiors
94 Palmer Street
Lot 2, DP 790866
Local
I282
Balmain
Terrace, including interiors
96 Palmer Street
Lot B, DP 105931
Local
I283
Balmain
Terrace, including interiors
98 Palmer Street
Lot C, DP 105931
Local
I284
Balmain
Terrace, including interiors
100 Palmer Street
Lot D, DP 105931
Local
I285
Balmain
Terrace, including interiors
102 Palmer Street
Lot 1, DP 107740
Local
I286
Balmain
Terrace, including interiors
104 Palmer Street
Lot 2, DP 107740
Local
I287
Balmain
Terrace, including interiors
106 Palmer Street
Lot 3, DP 107740
Local
I288
Balmain
Terrace, including interiors
108 Palmer Street
Lot 4, DP 107740
Local
I289
Balmain
Terrace, including interiors
110 Palmer Street
Lot 5, DP 107740
Local
I290
Balmain
Former shop and residence, including interiors
1 Queens Place
Corner Lot 1, DP 718567
Local
I291
Balmain
Terrace, including interiors
5 Queens Place
Lot 3, DP 540767
Local
I292
Balmain
Terrace, including interiors
7 Queens Place
Lot 2, DP 540767
Local
I293
Balmain
Terrace, including interiors
9 Queens Place
Lot 1, DP 540767
Local
I294
Balmain
Street trees—row of Brush Box
Reynolds Street
Road reserve
Local
I303
Balmain
Semi-detached house, including interiors
69 Reynolds Street
Lot F, DP 371411
Local
I295
Balmain
Semi-detached house, including interiors
71 Reynolds Street
Lot 1, DP 870932
Local
I296
Balmain
Semi-detached house, including interiors
73 Reynolds Street
Lot A, DP 317544
Local
I298
Balmain
Semi-detached house, including interiors
75 Reynolds Street
Lot 4, DP 14700
Local
I299
Balmain
Semi-detached house, including interiors
77 Reynolds Street
Lot 5, DP 14700
Local
I300
Balmain
Semi-detached house, including interiors
79 Reynolds Street
Lot 5A, DP 14700
Local
I301
Balmain
Former Unilever administration building and fence, including interiors
100–104 Reynolds Street
Lot 1, DP 801399
Local
I302
Balmain
Former Unilever vim plant, including interiors
5 Rosebery Place
Lots 1–3, CP/SP 60159; Lots 5–9, CP/SP 62009
Local
I304
Balmain
Former Unilever oil mill, including interiors
7 Rosebery Place
Lots 1–20, CP/SP 60158
Local
I305
Balmain
Former Unilever copra store, including interiors
9 Rosebery Place
Lots 1–58, CP/SP 56169; Lots 60–107, CP/SP 57389; Lots 109–140, CP/SP 57817; Lot 1000, DP 1009969
Local
I306
Balmain
House, including interiors
40 Rowntree Street
Lot 1, DP 74645
Local
I307
Balmain
Former corner shop and residence, including interiors
45 Rowntree Street
Lots 1 and 2, CP/SP 15406
Local
I308
Balmain
House, “Providence”, including interiors
73 Smith Street
Lots 10–12, DP 345; Lot 1, DP 536666
Local
I313
Balmain
Former house and front fence, including interiors
75 Smith Street
Lots 6–8, DP 345; Lot 1, DP 1033587
Local
I314
Balmain
Single terrace, including interiors
1 St Andrew Street
Lot D, DP 442842
Local
I309
Balmain
Terrace, including interiors
14 St Andrew Street
Lot 2, DP 233714
Local
I310
Balmain
Terrace, including interiors
3 St John Street
Lot 1, DP 742629
Local
I311
Balmain
Terrace, including interiors
5 St John Street
Lot 1, DP 741307
Local
I312
Balmain
Former Pacific Hotel, including interiors
4 Stephen Street
Lots 1 and 2, CP/SP 56618
Local
I315
Balmain
Semi-detached house, including interiors
31 Stephen Street
Lot 1, DP 998969
Local
I316
Balmain
Semi-detached house, including interiors
33 Stephen Street
Lot 2, DP 231455
Local
I317
Balmain
Sandstone retaining wall and drainage culvert
Corner Thames and Mort Streets
Road reserve
Local
I325
Balmain
Thames Street Wharf, including interiors
Thames Street (northern end)
Lot 637, DP 752049; R100049
Local
I326
Balmain
Christian Brothers home and provincial office, including interiors
4 Thames Street
Lot 2, DP 1042777
Local
I318
Balmain
Former Christian Brothers High School, including interiors
6 Thames Street
Lots 1–34, CP/SP 62448; Lot 2, DP 882455
Local
I319
Balmain
Terrace, including interiors
7 Thames Street
Lot C, DP 439065
Local
I320
Balmain
Terrace, including interiors
9 Thames Street
Lot B, DP 439065
Local
I321
Balmain
Terrace, including interiors
11 Thames Street
Lot A, DP 439065
Local
I322
Balmain
Former House, “Montrose”, including interiors
13–13A Thames Street
Lot 2, DP 225785
Local
I323
Balmain
Sandstone retaining wall
40 Thames Street
Lot 1, DP 1052410
Local
I324
Balmain
Terrace, including interiors
1 Trouton Street
Corner Lot 24, DP 556323
Local
I327
Balmain
Terrace, including interiors
3 Trouton Street
Lot 23, DP 556323
Local
I328
Balmain
Terrace, including interiors
5 Trouton Street
Lot 22, DP 556323
Local
I329
Balmain
Terrace, including interiors
7 Trouton Street
Lot 21, DP 556323
Local
I330
Balmain
Semi-detached house with former shop, including interiors
25 Trouton Street
Lot 1, DP 772289
Local
I331
Balmain
Semi-detached house, including interiors
27 Trouton Street
Lot 1, DP 772324
Local
I332
Balmain
House, “The Grange”, including interiors
7 Vincent Street
Lot 1, DP 933996
Local
I333
Balmain
House, “Ardenlea”, including interiors
14 Vincent Street
Lot 12, DP 598026
Local
I334
Balmain
House, including interiors
1 Wallace Street
Lot B, DP 387003
Local
I335
Balmain
House, “Puiri”, including interiors
2 Wallace Street
Lot 2, Section B, DP 396; Lot 1, DP 121091
Local
I336
Balmain
Former House, “Clontarf”, including interiors
4 Wallace Street
Part Lot 3, Section B, DP 396; Part Lot 4, Section B, DP 396
Local
I337
Balmain
House, including interiors
3 Waterview Street
Lot 102, DP 874373
Local
I338
Balmain
House and stone marker, including interiors
6 Waterview Street
Lot 1, DP 136787
Local
I339
Balmain
House, including interiors
8 Waterview Street
Lot 231, DP 1040358
Local
I340
Balmain
Timber house, including interiors
12 Waterview Street
Lot 14, DP 1124174
Local
I341
Balmain
Semi-detached house, including interiors
16 Waterview Street
Lot 101, DP 1015541
Local
I342
Balmain
Semi-detached house, including interiors
18 Waterview Street
Lot 102, DP 1015541
Local
I343
Balmain
Timber house, including interiors
20–22 Waterview Street
Lot 103, DP 877625
Local
I344
Balmain
House, including interiors
27 Waterview Street
Corner Lot 67, DP 60094
Local
I345
Balmain
House, “Balmoral”, including interiors
46 Waterview Street
Corner Lot 16, DP 8247
Local
I346
Balmain
House, “Joldwen”, including interiors
47 Waterview Street
Lot 1, DP 1008625
Local
I347
Balmain
House, “Regimbah”, including interiors
49 Waterview Street
Lot 3, DP 598913
Local
I348
Balmain
House and stone retaining wall, including interiors
70 Waterview Street
Corner Lot 2, DP 614076
Local
I349
Balmain
Yeend’s Terrace, including interiors
1 Wells Street
Lot X, DP 438752
Local
I351
Balmain
House, “Louisaville”, including interiors
2 Wells Street
Lot 1, DP 634624
State
I350
Balmain
Yeend’s Terrace, including interiors
3 Wells Street
Lot 1, DP 224176
Local
I352
Balmain
Yeend’s Terrace, including interiors
5 Wells Street
Lot 2, DP 224176
Local
I353
Balmain
Yeend’s Terrace, including interiors
7 Wells Street
Lot 3, DP 224176
Local
I354
Balmain
Yeend’s Terrace, including interiors
9 Wells Street
Lot 4, DP 224176
Local
I355
Balmain
Yeend’s Terrace, including interiors
11 Wells Street
Lot 5, DP 224176
Local
I356
Balmain
Yeend’s Terrace, including interiors
13 Wells Street
Lot 6, DP 224176
Local
I357
Balmain
Yeend’s Terrace, including interiors
15 Wells Street
Lot 7, DP 224176
Local
I358
Balmain
House, “Bishopsthorpe”, including interiors
8 White Street
Lot 2, DP 566677
Local
I359
Balmain
House, “Tilba Tilba”, including interiors
18 White Street
Lot B, DP 102929
Local
I360
Balmain
Punch Park
16–30 Wortley Street
Corner Lot 1, DP 797902
Local
I361
Balmain East
House, including interiors
1 Brett Avenue
Lot 1, DP 224624
Local
I362
Balmain East
House, including interiors
14 Clifton Street
Lot 1, DP 1100371; Lot 1, DP 68016; Lot 2 66363
Local
I363
Balmain East
Formerly “The Shipwright’s Arms”, including interiors
10 Darling Street
Lot A, DP 366527
Local
I364
Balmain East
House, “Waterman”, including interiors
12 Darling Street
Lot 1, DP 85820
Local
I365
Balmain East
Plym Terrace, including interiors
21 Darling Street
Lots 1 and 2, CP/SP 21778
Local
I366
Balmain East
Plym Terrace, including interiors
23 Darling Street
Lot E, DP 439960
Local
I367
Balmain East
House, including interiors
24 Darling Street
Lot 1, DP 196728
Local
I372
Balmain East
Plym Terrace, including interiors
25 Darling Street
Lot D, DP 439960
Local
I368
Balmain East
Semi-detached house, including interiors
26 Darling Street
Lot 1, DP 744111
Local
I373
Balmain East
Plym Terrace, including interiors
27 Darling Street
Lot C, DP 439960
Local
I369
Balmain East
Semi-detached house, including interiors
28 Darling Street
Lot 1, DP 137353
Local
I374
Balmain East
Plym Terrace, including interiors
29 Darling Street
Lot B, DP 439960
Local
I370
Balmain East
Terrace, including interiors
30 Darling Street
Lot 1, DP 549465
Local
I375
Balmain East
Plym Terrace, including interiors
31 Darling Street
Lot A, DP 439960
Local
I371
Balmain East
Terrace, including interiors
32 Darling Street
Lot 1, DP 611670
Local
I376
Balmain East
Terrace, including interiors
34 Darling Street
Lot 1, DP 806896
Local
I377
Balmain East
Terrace, including interiors
40 Darling Street
Lot 1, DP 378229
Local
I378
Balmain East
Terrace, including interiors
42 Darling Street
Lot 2, DP 378229
Local
I379
Balmain East
Terrace, including interiors
44 Darling Street
Lot 81, DP 1045468
Local
I380
Balmain East
Terrace, including interiors
46 Darling Street
Lot 82, DP 1045468
Local
I381
Balmain East
Terrace, including interiors
48 Darling Street
Lot 83, DP 1045468
Local
I382
Balmain East
House, “Cahermore”, including interiors
50 Darling Street
Lot 1, DP 1082198
Local
I383
Balmain East
Former Unity Hall Hotel, including interiors
51 Darling Street
Lots 1–4, CP/SP 13420; Lots 8–10, SP 39428
Local
I384
Balmain East
Shop and residence, including interiors
53 Darling Street
Lot 1, DP 569806
Local
I385
Balmain East
Shop and residence, including interiors
55 Darling Street
Lot 1, DP 770484
Local
I386
Balmain East
Commercial building, including interiors
62 Darling Street
Lot 1, DP 581778
Local
I387
Balmain East
Terrace, including interiors
63 Darling Street
Lot 7, DP 205163
Local
I388
Balmain East
Terrace, including interiors
65 Darling Street
Lot 100, DP 1178704
Local
I389
Balmain East
Timber terrace, including interiors
67 Darling Street
Lot 9, DP 155402
Local
I390
Balmain East
House, including interiors
68 Darling Street
Lot B, DP 325561
Local
I391
Balmain East
Shop and residence, including interiors
69–71 Darling Street
Lots 1 and 2, DP 155402
Local
I392
Balmain East
Terrace, including interiors
74 Darling Street
Lot 4, DP 218871
Local
I394
Balmain East
Single storey terrace, including interiors
75–77 Darling Street
Lots 3 and 4, DP 220489
Local
I393
Balmain East
Terrace, including interiors
76 Darling Street
Lot 3, DP 218871
Local
I395
Balmain East
Terrace, including interiors
78 Darling Street
Lot 2, DP 218871
Local
I396
Balmain East
Corner shop and residence, including interiors
80 Darling Street
Lot 1, DP 218871
Local
I397
Balmain East
St Mary’s Anglican Church, including interiors
85 Darling Street
Corner Lot 100, DP 861875
Local
I398
Balmain East
Flats, “Glentworth”, including interiors
86 Darling Street
Lots 1–12, CP/SP 11684
Local
I399
Balmain East
Shop and residence, including interiors
88 Darling Street
Lot A, DP 86116
Local
I400
Balmain East
Single terrace, including interiors
90 Darling Street
Lot C, DP 406260
Local
I401
Balmain East
Single storey terrace, including interiors
92 Darling Street
Lot B, DP 406260
Local
I402
Balmain East
Single storey terrace, including interiors
94 Darling Street
Lot A, DP 406260
Local
I403
Balmain East
House, including interiors
100 Darling Street
Lot 102, DP 883285
Local
I404
Balmain East
House, including interiors
122 Darling Street
Lot 8, DP 976558
Local
I405
Balmain East
Stone paving
Datchett Street
Road reserve
Local
I413
Balmain East
House, including interiors
4 Datchett Street
Lot B, DP 86116
Local
I406
Balmain East
House, “Iver”, including interiors
12 Datchett Street
Lot 1, DP 612181
Local
I407
Balmain East
Timber terrace, including interiors
15 Datchett Street
Lot 1, DP 511798
Local
I408
Balmain East
Timber terrace, including interiors
17 Datchett Street
Lot 2, DP 511798
Local
I409
Balmain East
House, including interiors
20 Datchett Street
Lot 1, DP 789627
Local
I410
Balmain East
House, including interiors
20A Datchett Street
Lot 2, DP 789627
Local
I411
Balmain East
House, including interiors
22 Datchett Street
Lot 1, DP 1018127
Local
I412
Balmain East
House, “Linford Lodge”, including interiors
2 Duke Place
Lot 100, DP 588964
Local
I414
Balmain East
House, including interiors
5 Duke Place
Lot A, DP 317292; Lot 2, DP 816580
Local
I415
Balmain East
Semi-detached house, including interiors
8 Duke Place
Corner Lot 1, DP 183331
Local
I416
Balmain East
House, including interiors
9 Duke Place
Lot 13, DP 259699
Local
I418
Balmain East
Semi-detached house, including interiors
10 Duke Place
Lot 12, DP 593703
Local
I417
Balmain East
Street trees—row of Ficus hillii
Duke Street
Road reserve
Local
I429
Balmain East
“Harold Place”, terrace, including interiors
1 Duke Street
Lot 2, DP 806177
Local
I420
Balmain East
House, including interiors
2 Duke Street
Lot 1, DP 996240
Local
I419
Balmain East
“Harold Place”, terrace, including interiors
3 Duke Street
Corner Lot 1, DP 806177
Local
I421
Balmain East
Richmond Terrace, including interiors
5 Duke Street
Lot 4, DP 505386
Local
I422
Balmain East
Richmond Terrace, including interiors
7 Duke Street
Lot 3, DP 505386
Local
I423
Balmain East
Richmond Terrace, including interiors
9 Duke Street
Lot D, DP 106219
Local
I424
Balmain East
Richmond Terrace, including interiors
11 Duke Street
Lot A, DP 110328
Local
I425
Balmain East
Richmond Terrace, including interiors
13 Duke Street
Lot 2, DP 505386
Local
I426
Balmain East
Richmond Terrace, including interiors
15 Duke Street
Lot 1, DP 505386
Local
I427
Balmain East
House, “Clarenook”, including interiors
33 Duke Street
Lot A, DP 440198
Local
I428
Balmain East
Illoura Reserve
Edward Street, 10–20 Weston Street and land in Weston Street
Lot 4, DP 82496; Lot 1, DP 86644; Lot 1, DP 113249; Lot 1, DP 189867; Lot 1, DP 64443; Lots 461–463, DP 752049; Lots 1–2, DP 708327; Lots 1, 2, 5 and 6, DP 213143; Lot 1, DP 213449
Local
I436
Balmain East
Harbourview Terrace, including interiors
7 Edward Street
Lot A, DP 33913
Local
I430
Balmain East
Harbourview Terrace, including interiors
9 Edward Street
Lot B, DP 33913
Local
I431
Balmain East
Harbourview Terrace, including interiors
11 Edward Street
Lot C, DP 33913
Local
I432
Balmain East
Harbourview Terrace, including interiors
11A Edward Street
Lot D, DP 33913
Local
I433
Balmain East
Harbourview Terrace, including interiors
15 Edward Street
Lot E, DP 33913
Local
I434
Balmain East
Harbourview Terrace, including interiors
17 Edward Street
Lot F, DP 33913
Local
I435
Balmain East
Retaining wall, steps and fence
Gallimore Avenue
Road reserve
Local
I437
Balmain East
Semi-detached house, including interiors
1 James Lane
Lot A, DP 184733
Local
I439
Balmain East
Semi-detached house, including interiors
3 James Lane
Lot B, DP 184733
Local
I440
Balmain East
House, including interiors
5 James Lane
Lot C, DP 184733
Local
I441
Balmain East
Semi-detached house, including interiors
6 Johnston Street
Lot A, DP 446770
Local
I442
Balmain East
Semi-detached house, including interiors
8 Johnston Street
Lot B, DP 446770
Local
I443
Balmain East
House, including interiors
11 Johnston Street
Lot 1, DP 196941
Local
I445
Balmain East
House, “Onkaparinga”, including interiors
12 Johnston Street
Corner Lots 1 and 2, DP 569805
Local
I444
Balmain East
House, “Captain Tinley”, including interiors
13 Johnston Street
Lots 1 and 2, DP 836940
Local
I446
Balmain East
House, “Penbroke Villa”, including interiors
19 Johnston Street
Lot 1, DP 507032
Local
I447
Balmain East
Terrace, including interiors
2 Little Edward Street
Lot 4, DP 533867
Local
I448
Balmain East
Terrace, including interiors
4 Little Edward Street
Lot 3, DP 533867
Local
I449
Balmain East
Terrace, including interiors
6 Little Edward Street
Lot 2, DP 533867
Local
I450
Balmain East
Terrace, including interiors
8 Little Edward Street
Lot 1, DP 533867
Local
I451
Balmain East
Terrace, including interiors
1 Lookes Avenue
Lot 2, DP 153477
Local
I452
Balmain East
Semi-detached houses, including interiors
2–4 Lookes Avenue
Lot 1, DP 1159913
Local
I455
Balmain East
Terrace, including interiors
3 Lookes Avenue
Lot 3, DP 1093802
Local
I453
Balmain East
Terrace, including interiors
5 Lookes Avenue
Lot 5, DP 1093803
Local
I454
Balmain East
House, including interiors
9 Lookes Avenue
Lot 1, DP 219657
Local
I456
Balmain East
Semi-detached house, including interiors
13 Lookes Avenue
Lot 1, DP 998883
Local
I457
Balmain East
House, including interiors
15 Lookes Avenue
Lot 15, DP 1093877
Local
I458
Balmain East
Zig-zag Reserve
Nicholson Street
Road reserve
Local
I464
Balmain East
House, including interiors
14 Nicholson Street
Lot 21, DP 706850
Local
I459
Balmain East
Sandstone outhouse, including interiors
19 Nicholson Street
Lots 1–7, CP/SP 19536
Local
I460
Balmain East
Nicholson Street Public School, including interiors
23 Nicholson Street
Lots 5, 6 and 10, DP 18361; Lot A, DP 190313; Lots 1 and 2, DP 794922; Lot 688, DP 821090; Lot 1, DP 1089096; Lot B, DP 190313
Local
I461
Balmain East
“Mort Bay House”, including interiors
34 Nicholson Street
Lot 4, DP 624991
Local
I462
Balmain East
Waterview Wharf Workshops, including interiors
37 Nicholson Street
Lot 102, DP 816495
State
I463
Balmain East
Eastcliff Terrace, including interiors
2 Paul Street
Lot 7, DP 38721
Local
I465
Balmain East
House, including interiors
3 Paul Street
Lot A, DP 450005
Local
I472
Balmain East
Eastcliff Terrace, including interiors
4 Paul Street
Lot 6, DP 38721
Local
I466
Balmain East
House, including interiors
5 Paul Street
Lot B, DP 450005
Local
I473
Balmain East
Eastcliff Terrace, including interiors
6 Paul Street
Lot 5, DP 38721
Local
I467
Balmain East
Eastcliff Terrace, including interiors
8 Paul Street
Lot 4, DP 38721
Local
I468
Balmain East
Eastcliff Terrace, including interiors
10 Paul Street
Lot 10, DP 1088975
Local
I469
Balmain East
Eastcliff Terrace, including interiors
12 Paul Street
Lot 12, DP 1088855
Local
I470
Balmain East
House, including interiors
13 Paul Street
Lot 1, DP 711013
Local
I474
Balmain East
Eastcliff Terrace, including interiors
14 Paul Street
Lot 3, DP 1055476; Lot 1, DP 38721
Local
I471
Balmain East
Terrace, including interiors
15 Paul Street
Lot A, DP 378230
Local
I475
Balmain East
Terrace, including interiors
17 Paul Street
Lot B, DP 378230
Local
I476
Balmain East
Terrace, including interiors
19 Paul Street
Lot C, DP 378230
Local
I477
Balmain East
House, including interiors
4 Pearson Street
Lot 1, DP 742693
Local
I478
Balmain East
House, including interiors
11 Pearson Street
Lot 2, DP 224698
Local
I479
Balmain East
House, including interiors
24 Pearson Street
Lot 100, DP 872400
Local
I480
Balmain East
House, “Kaikoura”, including interiors
2 School Street
Lot 2, DP 870300
Local
I485
Balmain East
Simmons Point Reserve
Simmons Street
Lot 101, DP 816494; Lot 2, DP 562679; Part Lot 1, DP 217066; road reserve
Local
I486
Balmain East
House, including interiors
13 Simmons Street
Lot 1, DP 562679
Local
I487
Balmain East
Terrace, including interiors
14 St Marys Street
Lot A, DP 386993
Local
I482
Balmain East
Terrace, including interiors
16 St Marys Street
Lots B and C, DP 386993
Local
I483
Balmain East
Timber house, including interiors
18 St Marys Street
Lot 18, DP 1108121
Local
I484
Balmain East
“Wood Lee Villa”, including interiors
7 Stack Street
Lot 11, DP 593703
Local
I488
Balmain East
Stepped walkway
Union Street
Road reserve
Local
I491
Balmain East
House, including interiors
17 Union Street
Lot 1, DP 308655
Local
I489
Balmain East
Former semi-detached houses, including interiors
18–20 Union Street
Lot 200, DP 1085855
Local
I490
Balmain East
Fenwick and Co boat store, including interiors
2–8 Weston Street
Lot 1, DP 722968; Lot 1, DP 89648; Lot 1, DP 83357
State
I492
Balmain East
Terrace, including interiors
4 William Street
Lot 1, DP 555807
Local
I493
Balmain East
Terrace, including interiors
6 William Street
Lot 2, DP 555807
Local
I494
Balmain East
House, including interiors
10 William Street
Lot 3, DP 577513
Local
I495
Balmain East
House, including interiors
18 William Street
Lot 2, DP 212304
Local
I496
Balmain East
Semi-detached house, including interiors
25 William Street
Lot 25, DP 864543
Local
I497
Balmain East
Semi-detached house, including interiors
27 William Street
Lot 1, DP 744243
Local
I498
Balmain East
Semi-detached house, including interiors
29 William Street
Lot 1, DP 736305
Local
I499
Balmain East
Semi-detached house, including interiors
31 William Street
Lot 1, DP 986257
Local
I500
Birchgrove
Ballast Point Park
Ballast Point Road and Wharf Road
Lots 1–4, DP 115939; Lots 1 and 2, DP 82593; Lease Lot UNUM, DP 122934; Lot 11, DP 792332; Lot 7, DP 132691; Lot 413, DP 752049
Local
I520
Birchgrove
House, “Lerna”, including interiors
1 Ballast Point Road
Lot 2, DP 977340; Lot 1, DP 932316; Lot B, DP 323269
Local
I501
Birchgrove
Semi-detached house, including interiors
25 Ballast Point Road
Lot 1, DP 230577
Local
I502
Birchgrove
Semi-detached house, including interiors
27 Ballast Point Road
Lot 2, DP 230577
Local
I503
Birchgrove
House, including interiors
29 Ballast Point Road
Corner Lot 1, DP 69725
Local
I504
Birchgrove
Terrace, “Ellerslie”, including interiors
35 Ballast Point Road
Lot 1, DP 913645
Local
I505
Birchgrove
Terrace, “Ellerslie”, including interiors
37 Ballast Point Road
Lot 22, DP 876529
Local
I506
Birchgrove
Terrace, “Ellerslie”, including interiors
39 Ballast Point Road
Lot 30, DP 812321
Local
I507
Birchgrove
Terrace, “Ellerslie”, including interiors
41 Ballast Point Road
Lot 4, DP 913645
Local
I508
Birchgrove
Terrace, “Ellerslie”, including interiors
43 Ballast Point Road
Lot 5, DP 913645
Local
I509
Birchgrove
Terrace, “Ellerslie”, including interiors
45 Ballast Point Road
Lot 6, DP 913645
Local
I510
Birchgrove
Terrace, “Yeroulbin”, including interiors
46 Ballast Point Road
Lot 6, DP 446745
Local
I512
Birchgrove
Terrace, “Ellerslie”, including interiors
47 Ballast Point Road
Lot 501, DP 626204
Local
I511
Birchgrove
Terrace, “Yeroulbin”, including interiors
48 Ballast Point Road
Lot 5, DP 446145
Local
I513
Birchgrove
Terrace, “Yeroulbin”, including interiors
50 Ballast Point Road
Lot 4, DP 446745
Local
I514
Birchgrove
Terrace, “Yeroulbin”, including interiors
52 Ballast Point Road
Lot 3, DP 790032
Local
I515
Birchgrove
Terrace, “Yeroulbin”, including interiors
54 Ballast Point Road
Lot 2, DP 446745
Local
I516
Birchgrove
Terrace, “Yeroulbin”, including interiors
56 Ballast Point Road
Lot 1, DP 446745
Local
I517
Birchgrove
House, including interiors
67 Ballast Point Road
Lot 1, DP 741486
Local
I518
Birchgrove
House, “Clifton Villa”, including interiors
73 Ballast Point Road
Lot 2, DP 212892
Local
I519
Birchgrove
Birchgrove Public School, including interiors
76B Birchgrove Road
Lot 1, DP 123161; Lot 1, DP 123160
Local
I521
Birchgrove
St John The Evangelist Anglican Church, including interiors
125 Birchgrove Road
Lot 1, DP 999637
Local
I522
Birchgrove
Sir William Wallace Hotel, including interiors
31 Cameron Street
Lot 1, DP 75122
Local
I523
Birchgrove
Terrace, including interiors
33 Cameron Street
Lot 4, DP 34025
Local
I525
Birchgrove
Commercial terrace, including interiors
35 Cameron Street
Lot 3, DP 34025
Local
I526
Birchgrove
Former shop and residence, including interiors
36 Cameron Street
Lot 6, Section 6, DP 111126
Local
I524
Birchgrove
Commercial terrace, including interiors
37 Cameron Street
Lot 2, DP 34025
Local
I527
Birchgrove
Commercial terrace, including interiors
39 Cameron Street
Corner Lot 1, DP 34025
Local
I528
Birchgrove
Terrace house, including interiors
5 Cove Street
Lot 1, DP 241425
Local
I529
Birchgrove
Terrace house, including interiors
7 Cove Street
Lot 2, DP 241425
Local
I530
Birchgrove
Terrace house, including interiors
9 Cove Street
Lot 3, DP 241425
Local
I531
Birchgrove
Terrace house, including interiors
11 Cove Street
Lot 4, DP 241425
Local
I532
Birchgrove
Terrace house, including interiors
13 Cove Street
Lot 5, DP 241425
Local
I533
Birchgrove
Terrace house, including interiors
15 Cove Street
Lot 6, DP 241425
Local
I534
Birchgrove
Birchgrove Park
Grove Street
Lots 644–646, DP 729092; Lot 1, DP 86050; Lot 1, DP 543055; road reserve
Local
I535
Birchgrove
Former shop and residence, including interiors
17 Grove Street
Corner Lot 1, DP 225577
Local
I536
Birchgrove
House, including interiors
22 Grove Street
Lot 1, DP 215998
Local
I537
Birchgrove
Terrace, including interiors
37 Grove Street
Corner Lot 1, DP 214426
Local
I538
Birchgrove
Terrace, including interiors
39 Grove Street
Lot 7, DP 928932
Local
I539
Birchgrove
Terrace, including interiors
41 Grove Street
Lot 6, DP 928932
Local
I540
Birchgrove
Terrace, including interiors
43 Grove Street
Lot 5, DP 525487
Local
I541
Birchgrove
Terrace, including interiors
45 Grove Street
Lot 4, DP 112143
Local
I542
Birchgrove
Terrace, including interiors
47 Grove Street
Lot 3, DP 572627
Local
I543
Birchgrove
Terrace, including interiors
49 Grove Street
Lot 2, DP 928932
Local
I544
Birchgrove
Terrace, including interiors
51 Grove Street
Lot 1, DP 928932
Local
I545
Birchgrove
Terrace, including interiors
53 Grove Street
Lot B, DP 447264
Local
I546
Birchgrove
Yurulbin Park
Louisa Road
Lots 1 and 2, Section 9, DP 192096; Lot 1, DP 1112881; road reserve
Local
I555
Birchgrove
House, “Leopoldville”, including interiors
14 Louisa Road
Lot A, DP 359491
Local
I547
Birchgrove
House, “Logan Brae”, including interiors
24 Louisa Road
Lot 8, DP 74172
Local
I548
Birchgrove
House, “The Anchorage”, including interiors
44 Louisa Road
Lot 1, DP 1008787
Local
I549
Birchgrove
Remnants of Birchgrove House
65 Louisa Road
Lot 1, DP 873992
Local
I550
Birchgrove
Remnants of Birchgrove House
67 Louisa Road
Lots 1–18, SP 3493
Local
I551
Birchgrove
House, “Douglas”, including interiors
76 Louisa Road
Lot 1, DP 450152; Lot 1, DP 996182
Local
I552
Birchgrove
House, “Geierstein”, including interiors
85 Louisa Road
Lot 1, DP 111941; Lot 2, DP 743504
Local
I553
Birchgrove
House, “Carlowrie”, including interiors
115 Louisa Road
Lot 11, DP 841617
Local
I554
Birchgrove
House, “Raywell”, including interiors
144 Louisa Road
Lot 1, DP 235461
State
I830
Birchgrove
Former shop and residence, including interiors
83 Phillip Street
Corner Lot 1, DP 195709
Local
I556
Birchgrove
Semi-detached house, including interiors
85 Phillip Street
Lot 13, DP 979488
Local
I557
Birchgrove
House, including interiors
87 Phillip Street
Lot 1, DP 199184
Local
I558
Birchgrove
Ronald Street Reserve
Ronald Street
Road reserve
Local
I559
Birchgrove
Semi-detached house, including interiors
2 Rose Street
Lot D, DP 159496
Local
I560
Birchgrove
Semi-detached house, including interiors
4 Rose Street
Lot C, DP 159496
Local
I561
Birchgrove
Semi-detached house, including interiors
6 Rose Street
Lot B, DP 159496
Local
I562
Birchgrove
Semi-detached house, including interiors
8 Rose Street
Lot A, DP 159496
Local
I563
Birchgrove
Single storey shop, including interiors
127 Rowntree Street
Lot A, DP 437881
Local
I564
Birchgrove
Single storey shop, including interiors
129 Rowntree Street
Lot B, DP 437881
Local
I565
Birchgrove
Shop and residence, including interiors
131 Rowntree Street
Lot C, DP 437881
Local
I566
Birchgrove
Shop and residence, including interiors
133 Rowntree Street
Lot D, DP 437881
Local
I567
Birchgrove
Shop and residence, including interiors
135 Rowntree Street
Lot 1, DP 112526
Local
I568
Birchgrove
Shop and residence, including interiors
137 Rowntree Street
Corner Lot 21, Section 12, DP 111126
Local
I569
Birchgrove
Corner building, including interiors
165 Rowntree Street
Lot 1, DP 565067
Local
I570
Birchgrove
Semi-detached house, including interiors
177 Rowntree Street
Lot A, DP 913616
Local
I571
Birchgrove
Terrace, including interiors
179 Rowntree Street
Lot B, DP 913616
Local
I572
Birchgrove
Terrace, including interiors
181 Rowntree Street
Lot C, DP 913616
Local
I573
Birchgrove
Terrace, including interiors
183 Rowntree Street
Lot D, DP 913616
Local
I574
Birchgrove
Terrace, including interiors
185 Rowntree Street
Lot C, DP 107306
Local
I575
Birchgrove
Terrace, including interiors
187 Rowntree Street
Lot B, DP 107306
Local
I576
Birchgrove
Terrace, including interiors
189 Rowntree Street
Lot A, DP 107306
Local
I577
Birchgrove
Terrace, including interiors
191 Rowntree Street
Lot 1, DP 617583
Local
I578
Birchgrove
Terrace, including interiors
193 Rowntree Street
Lot 2, DP 447868
Local
I579
Birchgrove
Terrace, including interiors
195 Rowntree Street
Lot 3, DP 447868
Local
I580
Birchgrove
Terrace, including interiors
197 Rowntree Street
Lot 2, DP 528215
Local
I581
Birchgrove
Terrace, including interiors
199 Rowntree Street
Lot 1, DP 239583
Local
I582
Birchgrove
Terrace, including interiors
201 Rowntree Street
Lot 2, DP 239583
Local
I583
Birchgrove
Terrace, including interiors
203 Rowntree Street
Lot 3, DP 239583
Local
I584
Birchgrove
Terrace, including interiors
205 Rowntree Street
Lot 4, DP 239583
Local
I585
Birchgrove
Terrace, including interiors
207 Rowntree Street
Lot 5, DP 239583
Local
I586
Birchgrove
Terrace, including interiors
209 Rowntree Street
Lot 6, DP 239583
Local
I587
Birchgrove
Terrace, including interiors
211 Rowntree Street
Lot 7, DP 239583
Local
I588
Birchgrove
House, including interiors
235 Rowntree Street
Lot 1, DP 84384
Local
I589
Birchgrove
Timber house, including interiors
2 Spring Street
Lot 1, DP 1011084
Local
I590
Birchgrove
House, “Glenarvon”, including interiors
1 Thomas Street
Lot 7, DP 536780
Local
I591
Birchgrove
Timber house, including interiors
6 Wharf Road
Lot 1, DP 577968
Local
I592
Birchgrove
House, including interiors
7 Wharf Road
Lot 1, DP 579874
Local
I593
Birchgrove
Boatshed, including interiors
7A Wharf Road
Lot 2, DP 579874
Local
I594
Birchgrove
House, including interiors
8 Wharf Road
Corner Lot 1, DP 235159
Local
I595
Birchgrove
Brownlee Reserve
11 Wharf Road
Lot 1, DP 121455; Lot 631, DP 752049
Local
I596
Birchgrove
House, including interiors
13 Wharf Road
Lot 122, DP 607531
Local
I597
Birchgrove
House, including interiors
13A Wharf Road
Lot 121, DP 607531
Local
I598
Birchgrove
House and remnants of former Stannard’s Marina, including interiors
19 Wharf Road
Lot 2, DP 1015601
Local
I599
Birchgrove
Remnants of former Stannard’s Marina, including interiors
19A Wharf Road
Lots 1–4, CP/SP 80784
Local
I600
Birchgrove
House, including interiors
20 Wharf Road
Lot A, DP 74813
Local
I601
Birchgrove
Semi-detached House, “Normanton”, including interiors
21 Wharf Road
Lot 2, DP 52958
Local
I602
Birchgrove
House, including interiors
22 Wharf Road
Lot A, DP 337835
Local
I603
Birchgrove
Semi-detached flats “Maybank”, including interiors
23 Wharf Road
Lot 1, DP 524604
Local
I604
Birchgrove
House, “Wyoming”, including interiors
25 Wharf Road
Lot 1, DP 65983; Lot 405, DP 752049
State
I605
Birchgrove
House, including interiors
31 Wharf Road
Lot 1, DP 86767; Lot 1, DP 971685
Local
I606
Birchgrove
Semi-detached house, including interiors
33 Wharf Road
Lots 2 and 3, DP 562004
Local
I607
Birchgrove
Semi-detached House, “Exeter Villas”, including interiors
34 Wharf Road
Lot A, DP 441954
Local
I608
Birchgrove
Semi-detached house, including interiors
35 Wharf Road
Lot 1, DP 562004; Lot 4, DP 562004
Local
I609
Birchgrove
Semi-detached House, “Exeter Villas”, including interiors
36 Wharf Road
Lot B, DP 441954
Local
I610
Birchgrove
House, “Ravenscourt”, including interiors
39 Wharf Road
Lot 1, DP 235462
Local
I611
Birchgrove
House, “Clovernook”
43 Wharf Road
Lot 41, DP 81534; Lot 377, DP 752049
Local
I612
Camperdown
Kerb and gutter
Chester Street
Road reserve
Local
I613
Camperdown
Kerb and gutter
Guihen Street
Road reserve
Local
I614
Camperdown
Former police station, including interiors
210 Parramatta Road
Lot 43, DP 792615
Local
I615
Camperdown
Warehouse, including interiors
52–54 Pyrmont Bridge Road
Lot 10, DP 231; Lots 7–9, DP 231; Lots 13 and 14, DP 231; Lot 6, DP 850; Lots 2 and 3, DP 231; Lot 1, DP 667231; Lot 1, DP 723236; Lot 1, DP 654175; Lot 1, DP 175371; Lots 1 and 2, DP 1080473
Local
I616
Leichhardt
Street trees—avenue of Brush Box
Albert Street
Road reserve
Local
I617
Leichhardt
Street trees—avenue of Brush Box
Allen Street
Road reserve
Local
I619
Leichhardt
Congregational church and hall, including interiors
68 Allen Street
Lot 501, DP 839052
Local
I618
Leichhardt
Corner shop and residence, including interiors
79 Allen Street
Lot 1, Section 1, DP 318
Local
I819
Leichhardt
House, including interiors
18 Beeson Street
Lot B, DP 320905; Lot 32, DP 650387
Local
I621
Leichhardt
House, including interiors
20 Beeson Street
Lot A, DP 320905
Local
I622
Leichhardt
Street trees—row of Port Jackson Figs
Catherine Street
Road reserve
Local
I638
Leichhardt
House, including interiors
8 Catherine Street
Lot 1, DP 918365
Local
I624
Leichhardt
House, including interiors
10 Catherine Street
Lot 1, DP 918730
Local
I625
Leichhardt
House, including interiors
12 Catherine Street
Lot 1, DP 918705
Local
I626
Leichhardt
House, including interiors
14 Catherine Street
Lot 12, DP 918597
Local
I627
Leichhardt
House, including interiors
16 Catherine Street
Lot 11, DP 918597
Local
I628
Leichhardt
“Thorby Buildings”, including interiors
129 Catherine Street
Lots B1 and B2, DP 370375
Local
I629
Leichhardt
“Thorby Buildings”, including interiors
131 Catherine Street
Lot 2B, DP 380964; Lot 2, DP 380964
Local
I630
Leichhardt
“Thorby Buildings”, including interiors
133 Catherine Street
Lot 3B, DP 380964; Lot 3, DP 380964
Local
I631
Leichhardt
“Thorby Buildings”, including interiors
135 Catherine Street
Lot 4, DP 5044
Local
I632
Leichhardt
“Thorby Buildings”, including interiors
137 Catherine Street
Lot 5, DP 654704
Local
I633
Leichhardt
“Thorby Buildings”, including interiors
139 Catherine Street
Lot 1, DP 1097305
Local
I634
Leichhardt
“Thorby Buildings”, including interiors
141 Catherine Street
Corner Lot 7, DP 659417
Local
I635
Leichhardt
Office and residence, including interiors
214 Catherine Street
Lot B, DP 403811
Local
I636
Leichhardt
Flats “Lammer Muir”, including interiors
225 Catherine Street
Corner Lot A, DP 411994
Local
I637
Leichhardt
Child care centre “Rose Cottage”, including interiors
1 Coleridge Street
Lot 32, DP 976348
Local
I639
Leichhardt
Former SRA Tram shed, including interiors
25 Derbyshire Road
Lots 1,7 and 8, DP 791838, Lot 1, DP 1047155
Local
I641
Leichhardt
Mature Fig tree
25 Derbyshire Road
Lot 1, DP 1047155
Local
I642
Leichhardt
Former SRA office and amenities building, including interiors
27 Derbyshire Road
Part Lot 33, DP 867166
Local
I643
Leichhardt
Former SRA cable store and traffic office, including interiors
29 Derbyshire Road
Lot 31, DP 1162341
Local
I644
Leichhardt
Former corner shop and residence, including interiors
15 Elswick Street
Lot 1, DP 1105033
Local
I645
Leichhardt
House, “Elswick”, including interiors
171 Elswick Street
Lot 1, DP 101112
Local
I646
Leichhardt
Semi-detached house, including interiors
22 Emily Street
Lot 6, DP 439730
Local
I647
Leichhardt
Semi-detached house, including interiors
24 Emily Street
Lot 5, DP 439730
Local
I648
Leichhardt
Semi-detached house, including interiors
26 Emily Street
Lot 4, DP 439730
Local
I649
Leichhardt
Semi-detached house, including interiors
28 Emily Street
Lot 3, DP 439730
Local
I650
Leichhardt
Semi-detached house, including interiors
30 Emily Street
Lot 2, DP 439730
Local
I651
Leichhardt
Semi-detached house, including interiors
32 Emily Street
Lot 1, DP 439730
Local
I652
Leichhardt
Corner shop and residence, including interiors
42 Emma Street
Corner Lot 2, DP 577289
Local
I653
Leichhardt
Former corner shop and residence, including interiors
212 Flood Street
Corner Lot 2, DP 302058
Local
I654
Leichhardt
Former house, including interiors
20–22 Foster Street
Lot 658, DP 729265
Local
I655
Leichhardt
Street trees—row of Brush Box and 1 Ficus hillii
Henry Street
Road reserve
Local
I656
Leichhardt
Former corner shop and residence, including interiors
90 Hill Street
Lot 2, DP 73333
Local
I657
Leichhardt
Former general store, including interiors
2 Hubert Street
Corner Lot 35, Section 6, DP 1162
Local
I658
Leichhardt
House, “Fernleigh”, including interiors
45 Leichhardt Street
Corner Lot 79, DP 4750
Local
I659
Leichhardt
Semi-detached house, including interiors
6 Lords Road
Lot 1, DP 436689
Local
I661
Leichhardt
Semi-detached house, including interiors
8 Lords Road
Lot 2, DP 436689
Local
I662
Leichhardt
Semi-detached house, including interiors
10 Lords Road
Lot 2, DP 523504
Local
I663
Leichhardt
Semi-detached house, including interiors
12 Lords Road
Lot 1, DP 523504
Local
I664
Leichhardt
Leichhardt Fire Station, including interiors
1 Marion Street
Corner Lot 1, Section 4, DP 190
Local
I665
Leichhardt
Former Presbyterian Church, including interiors
2 Marion Street
Corner Lot 54, Section 1, DP 612
Local
I666
Leichhardt
Semi-detached house, including interiors
6 Marion Street
Lot 1, DP 908184
Local
I667
Leichhardt
Semi-detached house, including interiors
8 Marion Street
Lot 1, DP 132995
Local
I668
Leichhardt
Semi-detached houses, including interiors
82 Marion Street
Lot 1, DP 915348
Local
I669
Leichhardt
Semi-detached house, including interiors
84 Marion Street
Lot 1, DP 915347
Local
I670
Leichhardt
Semi-detached house, including interiors
90 Marion Street
Lot 42, DP 667153
Local
I671
Leichhardt
Semi-detached house, including interiors
92 Marion Street
Lot B, DP 106642
Local
I672
Leichhardt
Former corner shop and residence, including interiors
43 Marlborough Street
Corner Lot 173, DP 600812
Local
I673
Leichhardt
Former corner shop and residence, including interiors
77 Moore Street
Lots 1 and 2, CP/SP 63282
Local
I674
Leichhardt
Former factory, including interiors
111 Moore Street
Lots 1–10, CP/SP 38916
Local
I675
Leichhardt
Leichhardt Public School, including interiors
101–105 Norton Street
Lot 1, DP 815377; Lot 24, DP 253728
Local
I676
Leichhardt
Leichhardt Town Hall, including interiors
107 Norton Street
Lots 6–9, Section 4, DP 190
Local
I677
Leichhardt
Former Leichhardt Post Office, including interiors
109 Norton Street (Shops 1–3)
Corner Lot 10, DP 499835
Local
I678
Leichhardt
Corner shop and residence, including interiors
124 Norton Street
Lot 1, DP 1003078
Local
I679
Leichhardt
All Souls Church, including interiors
124A Norton Street
Corner Lots 1 and 2, Section 1, DP 328
Local
I680
Leichhardt
All Souls Church Rectory, including interiors
126 Norton Street
Lot 2, DP 502105
Local
I681
Leichhardt
Royal Hotel, including interiors
156 Norton Street
Corner Lot 6, Section 2, DP 328
Local
I682
Leichhardt
Pioneers Memorial Park
217–219 Norton Street
Lot 1, DP 121456; Lot 1, DP 121458; Lot 2, DP 802964
Local
I683
Leichhardt
Albert Palais, including interiors
289–295 Parramatta Road
Lot 1, DP 91076
Local
I684
Leichhardt
Bald Faced Stag Hotel, including interiors
343–345 Parramatta Road
Lot 1, DP 551017
Local
I685
Leichhardt
The Norton Hotel, including interiors
391–393 Parramatta Road
Lot 1, DP 455745; Lot 2, DP 3582
Local
I686
Leichhardt
The Taverner’s Hill Hotel, including interiors
463 Parramatta Road
Lots 1 and 2, Section 3, DP 612; Lot 1, DP 551353
Local
I687
Leichhardt
Leichhardt Hotel, including interiors
1 Short Street
Lot 71, DP 869413
Local
I688
Leichhardt
Kegworth Primary School, including interiors
60 Tebbutt Street
Lot 5, Section 5, DP 1401; Lot 6, Section 5, DP 1401; Lot 1, DP 915164; Lot 1, DP 519339; Lot A, DP 323642; Lot A, DP 323673; Lot 3, DP 1093656; Lot 2, DP 519339; Lot 1, DP 518574; Lot 7, DP 654475; Lot B, DP 323673; Lot B, DP 323642; Lot 10, DP 1080695; Lot 11, DP 1080695; Lot 4, DP 1093656
Local
I689
Leichhardt
Semi-detached house, including interiors
59 Upward Street
Lot A, DP 447368
Local
I690
Leichhardt
Semi-detached house, including interiors
61 Upward Street
Lot B, DP 447368
Local
I691
Leichhardt
House, including interiors
63 Upward Street
Lot 1, DP 970004
Local
I692
Leichhardt
House, including interiors
65 Upward Street
Lot 6, DP 6285
Local
I693
Leichhardt
House, including interiors
67 Upward Street
Lot 5, DP 6285
Local
I694
Leichhardt
House, including interiors
69 Upward Street
Lot 4, DP 6285
Local
I695
Leichhardt
House, including interiors
71 Upward Street
Lot 3, DP 6285
Local
I696
Leichhardt
House, including interiors
77 Upward Street
Lot 24, DP 975162
Local
I697
Leichhardt
House, including interiors
79 Upward Street
Lot 25, DP 975162
Local
I698
Leichhardt
Former Methodist Central Hall, including interiors
1–3 Wetherill Street
Lot 11, Section 4, DP 190; Part Lot 12, Section 4, DP 190
Local
I699
Leichhardt
Semi-detached house, including interiors
23 Wetherill Street
Lot 2, DP 915846
Local
I700
Leichhardt
Semi-detached house, including interiors
25 Wetherill Street
Lot 1, DP 915846
Local
I701
Leichhardt
Semi-detached house, including interiors
100 William Street
Lot 46, DP 4288
Local
I702
Leichhardt
Semi-detached house, including interiors
102 William Street
Lot 45, DP 4288
Local
I703
Lilyfield
“Grenfell Cottage”, including interiors
23 Ainsworth Street
Lot 2, Section C, DP 4828
Local
I704
Lilyfield
House, “Rutherford”, including interiors
243 Balmain Road
Lot 31, DP 829609
Local
I705
Lilyfield
Terrace, including interiors
393 Balmain Road
Lot 7, DP 447584; Vol 2425 Fol 538
Local
I706
Lilyfield
Terrace, including interiors
395 Balmain Road
Lot 6, DP 447584
Local
I707
Lilyfield
Terrace, including interiors
397 Balmain Road
Lot 5, DP 447584
Local
I708
Lilyfield
Terrace, including interiors
399 Balmain Road
Lot 4, DP 447584
Local
I709
Lilyfield
Terrace, including interiors
401 Balmain Road
Lot 3, DP 447584
Local
I710
Lilyfield
Terrace, including interiors
403 Balmain Road
Lot 2, DP 447584
Local
I711
Lilyfield
Terrace, including interiors
405 Balmain Road
Lot 1, DP 447584
Local
I712
Lilyfield
Street trees—avenue of Brush Box
Campbell Avenue
Road reserve
Local
I623
Lilyfield
Street trees—avenue of Brush Box and one Brachychiton
Eric Street
Eric Street road reserve
Local
I713
Lilyfield
Timber Cottage, including interiors
8 Fred Street
Lot 1, DP 882294
Local
I714
Lilyfield
Street trees—row of 3 Camphor Laurels
Fredbert Street
Road reserve
Local
I715
Lilyfield
Leichhardt Park includes Leichhardt Ovals and Aquatic Centre, including interiors
Glover Street
Lot 6643, DP 1137663
Local
I716
Lilyfield
Semi-detached house, including interiors
136 James Street
Lot 19, Section 4, DP 1162
Local
I718
Lilyfield
Street trees—Brush Box plantation
Leys Avenue
Road reserve
Local
I660
Lilyfield
Street trees—avenue of Brush Box and 1 Brachychiton
Lilyfield Road
Road reserve
Local
I719
Lilyfield
4 fig trees
Mary Street (entrance to Leichhardt Park)
Road reserve
Local
I831
Lilyfield
Street trees—one Ficus hillii
Mary and Perry Streets
Road reserve
Local
I818
Lilyfield
House, including interiors
47 Perry Street
Corner Lot 10, DP 10482
Local
I720
Lilyfield
Street trees—avenue of Brush Box and 1 Brachychiton
Rayner Street
Road reserve
Local
I721
Lilyfield
Former shop and residence, including interiors
60 Ryan Street
Lot 115, Section E, DP 1474
Local
I722
Lilyfield
Former shop and residence, including interiors
62 Ryan Street
Lot 114, Section E, DP 1474
Local
I723
Rozelle
Terrace, including interiors
1 Belmore Street
Lot 1, DP 107588
Local
I724
Rozelle
Terrace, including interiors
3 Belmore Street
Lot 2, DP 107588
Local
I725
Rozelle
Terrace, including interiors
5 Belmore Street
Lot 3, DP 107588
Local
I726
Rozelle
Terrace, including interiors
7 Belmore Street
Lot 4, DP 826973
Local
I727
Rozelle
Terrace, including interiors
9 Belmore Street
Lot 5, DP 826973
Local
I728
Rozelle
Corner building, including interiors
22 Belmore Street
Lot 1, DP 572891
Local
I729
Rozelle
Semi-detached house, including interiors
15 Burt Street
Lot 4, DP 913946; Lot 5, DP 913946
Local
I730
Rozelle
Semi-detached house, including interiors
17 Burt Street
Lot 1, DP 919246
Local
I731
Rozelle
Smith’s Hall, including interiors
56 Burt Street
Lots 20 and 21, DP 977519
Local
I732
Rozelle
House, including interiors
5 Coulon Street
Lot 6, DP 435645
Local
I733
Rozelle
House, including interiors
7 Coulon Street
Lot 5, DP 435645
Local
I734
Rozelle
House, including interiors
9 Coulon Street
Lot 4, DP 435645
Local
I735
Rozelle
House, including interiors
11 Coulon Street
Lot 3, DP 435645
Local
I736
Rozelle
House, including interiors
13 Coulon Street
Lot 2, DP 435645
Local
I737
Rozelle
House, including interiors
15 Coulon Street
Lot 1, DP 435645
Local
I738
Rozelle
House, including interiors
17 Coulon Street
Lot 13, DP 654
Local
I739
Rozelle
House, including interiors
21 Coulon Street
Corner Lot 15, DP 654
Local
I740
Rozelle
Hannaford Senior Citizen Centre, including interiors
608 Darling Street
Corner Lot 1, Section W, DP 119
Local
I741
Rozelle
Former bank building, including interiors
661 Darling Street
Lot A, DP 324621
Local
I742
Rozelle
Rozelle Public School, including interiors
663 Darling Street
Lots 20–24, Section C, DP 119; Lots 28–35, Section C, DP 119; Lot 2, DP 586529; Lot 1, DP 120187; Lot 1, DP 399545
Local
I743
Rozelle
St Paul’s Church and neighbourhood centre, including interiors
665A Darling Street
Lot 1, DP 119484
Local
I744
Rozelle
St Thomas’ Church group, including interiors
668 Darling Street
Lot 1, DP 740389; Lot 1, DP 445248
Local
I745
Rozelle
York buildings, including interiors
678 Darling Street
Lot C, DP 441835
Local
I746
Rozelle
Former police station, including interiors
707 Darling Street
Lot 3, DP 421
Local
I747
Rozelle
Single storey shops, including interiors
731–735 Darling Street
Lot 100, DP 1146981
Local
I748
Rozelle
Single storey commercial building, including interiors
736 Darling Street
Lot 100, DP 1113769
Local
I749
Rozelle
Former Fire Brigade/Ambulance Training Centre, including interiors
747 Darling Street
Lots 36 and 37, DP 977850
Local
I750
Rozelle
Maxwell House, including interiors
757 Darling Street
Lots 5–7, DP 1099733
Local
I751
Rozelle
Easton Park
Denison Street
Lot 1, DP 723951
Local
I752
Rozelle
Corner shop and residence, including interiors
67 Denison Street
Lot 3, DP 564958
Local
I753
Rozelle
Shop and residence, including interiors
69 Denison Street
Lot 4, DP 564958
Local
I754
Rozelle
House, “Rotherhithe Cottage”, including interiors
73 Denison Street
Lot 27, DP 741791
Local
I755
Rozelle
Corner building, including interiors
60 Evans Street
Corner Lot 1, DP 436211
Local
I756
Rozelle
Brick building, including interiors
62 Evans Street
Lot 1, DP 437274
Local
I757
Rozelle
Stone building, including interiors
75 Evans Street
Lot 12, DP 975473
Local
I758
Rozelle
Semi-detached house, including interiors
77 Evans Street
Lot A, DP 107591
Local
I759
Rozelle
Semi-detached house, including interiors
79 Evans Street
Lot B, DP 107591
Local
I760
Rozelle
Former corner shop and residence, including interiors
94 Evans Street
Lot B, DP 318536
Local
I761
Rozelle
Terrace, including interiors
101 Evans Street
Lot 1, DP 932299
Local
I762
Rozelle
Terrace, including interiors
103 Evans Street
Lot 1, DP 726630
Local
I763
Rozelle
House, including interiors
206 Evans Street
Lot 1, DP 61458
Local
I764
Rozelle
Cottage and former broom factory, including interiors
84 Foucart Street
Lots 1–3, CP/SP 66555
Local
I765
Rozelle
Semi-detached house, including interiors
120A Foucart Street
Lot 167, DP 1099356
Local
I767
Rozelle
Semi-detached house, including interiors
122 Foucart Street
Lot 1, DP 194600
Local
I766
Rozelle
St Joseph’s Catholic Church and former school, including interiors
Gordon Street
Lot 1, DP 169780
Local
I768
Rozelle
Former tramway substation, including interiors
8–10 Hancock Street
Lots 1 and 2, CP/SP 77649
Local
I769
Rozelle
Former tramway stables and substation garage, including interiors
10A Hancock Street
Lot 2, DP 1102242
Local
I770
Rozelle
House, “Hornsey”, including interiors
42 Hornsey Street
Lot A, DP 86963
Local
I771
Rozelle
Terrace, including interiors
5 Mackenzie Street
Lot A, DP 33897
Local
I772
Rozelle
Terrace, including interiors
7 Mackenzie Street
Lot B, DP 33897
Local
I773
Rozelle
Terrace, including interiors
9 Mackenzie Street
Lot C, DP 33897
Local
I774
Rozelle
Terrace, including interiors
11 Mackenzie Street
Lot D, DP 33897
Local
I775
Rozelle
Terrace, including interiors
13 Mackenzie Street
Lot E, DP 33897
Local
I776
Rozelle
Terrace, including interiors
15 Mackenzie Street
Lot F, DP 33897
Local
I777
Rozelle
Terrace, including interiors
17 Mackenzie Street
Lot 5, DP 913334
Local
I778
Rozelle
Terrace, including interiors
19 Mackenzie Street
Lot 1, DP 980326
Local
I779
Rozelle
Former shop, including interiors
21 Mackenzie Street
Lots 1–3, DP 1044592
Local
I780
Rozelle
Bald Rock Hotel, including interiors
17 Mansfield Street
Lot 2, DP 41; Corner Lot 3, DP 41
Local
I781
Rozelle
Corner building, including interiors
31 Mansfield Street
Lot 20, DP 651219
Local
I782
Rozelle
Terrace, including interiors
76 Mansfield Street
Lots C and F, DP 108249
Local
I783
Rozelle
Terrace, including interiors
78 Mansfield Street
Lots B and G, DP 108249
Local
I784
Rozelle
Former corner shop and residence, including interiors
80 Mansfield Street
Lots A and H, DP 108249
Local
I785
Rozelle
Former Balmain Power Station pumping station, including interiors
Margaret Street
Lot 1031, DP 1052174
Local
I787
Rozelle
Former Balmain Power Station administration building, including interiors
2 Margaret Street
Lot 1, DP 270245
Local
I786
Rozelle
St Joseph’s Presbytery, including interiors
15 Quirk Street
Lots 22–25, DP 200; Lot 1, DP 971983
Local
I788
Rozelle
Mary Terrace, including interiors
4 Red Lion Street
Lot A, DP 110213
Local
I789
Rozelle
Mary Terrace, including interiors
6 Red Lion Street
Lot B, DP 110213
Local
I790
Rozelle
Mary Terrace, including interiors
8 Red Lion Street
Lot C, DP 110213
Local
I791
Rozelle
Mary Terrace, including interiors
10 Red Lion Street
Lot D, DP 110213
Local
I792
Rozelle
Mary Terrace, including interiors
12 Red Lion Street
Lot E, DP 110213
Local
I793
Rozelle
Semi-detached house, including interiors
1 Reynolds Avenue
Lot D, DP 370591
Local
I794
Rozelle
Semi-detached house, including interiors
3 Reynolds Avenue
Lot 101, DP 1086192
Local
I795
Rozelle
Semi-detached house, including interiors
5 Reynolds Avenue
Lot A, DP 363900
Local
I796
Rozelle
Semi-detached house, including interiors
7 Reynolds Avenue
Lots 1 and 2, SP 64940
Local
I797
Rozelle
Terrace, including interiors
31 Smith Street
Lot 1, DP 439970
Local
I798
Rozelle
Terrace, including interiors
33 Smith Street
Lot 2, DP 439970
Local
I799
Rozelle
Terrace, including interiors
35 Smith Street
Lot 3, DP 439970
Local
I800
Rozelle
Terrace, including interiors
37 Smith Street
Lot 4, DP 439970
Local
I801
Rozelle
Terrace, including interiors
39 Smith Street
Lot 5, DP 439970
Local
I802
Rozelle
Terrace, including interiors
41 Smith Street
Lot 6, DP 439970
Local
I803
Rozelle
School, including interiors
44–46 Smith Street
Lots 1 and 2, DP 782330; Lot 1, DP 782348; Lot 1, DP 228261
Local
I804
Rozelle
Former Tower of London Hotel, including interiors
76 Victoria Road
Lot 1, DP 208909
Local
I805
Rozelle
Former Mechanics Institute, including interiors
114 Victoria Road
Lots 2 and 3, Section 2, DP 387
Local
I806
Rozelle
York Buildings, including interiors
128 Victoria Road
Lot F, DP 441835
Local
I807
Rozelle
York Buildings, including interiors
130 Victoria Road
Lot E, DP 441835
Local
I808
Rozelle
York Buildings, including interiors
132 Victoria Road
Lot D, DP 441835
Local
I809
Rozelle
Terrace, including interiors
2 York Place
Lot 1, DP 437377
Local
I810
Rozelle
Terrace, including interiors
4 York Place
Lot 2, DP 437377
Local
I811
Rozelle
Terrace, including interiors
6 York Place
Lot 3, DP 437377
Local
I812
Rozelle
Terrace, including interiors
8 York Place
Lot 4, DP 437377
Local
I813
Rozelle
Terrace, including interiors
10 York Place
Lot 5, DP 437377
Local
I814
Rozelle
Terrace, including interiors
12 York Place
Lot 6, DP 437377
Local
I815
Rozelle
Terrace, including interiors
14 York Place
Lot 7, DP 437377
Local
I816
Rozelle
Terrace, including interiors
16 York Place
Lot 8, DP 437377
Local
I817
Part 2 Heritage conservation areas
Name of heritage conservation area
Identification on Heritage Map
Significance
Albert Street Heritage Conservation Area
Shown by red hatching and labelled ‘C9’
Local
Annandale Heritage Conservation Area
Shown by red hatching and labelled ‘C1’
Local
Austenham Estate Conservation Area
Shown by red hatching and labelled ‘C15’
Local
Balmain East Heritage Conservation Area
Shown by red hatching and labelled ‘C3’
Local
Birchgrove and Ballast Point Road Heritage Conservation Area
Shown by red hatching and labelled ‘C8’
Local
Brennan’s Estate Heritage Conservation Area
Shown by red hatching and labelled ‘C16’
Local
Campbell Estate Heritage Conservation Area
Shown by red hatching and labelled ‘C17’
Local
Easton Park Heritage Conservation Area
Shown by red hatching and labelled ‘C18’
Local
Excelsior Subdivision Heritage Conservation Area
Shown by red hatching and labelled ‘C10’
Local
Hornsey Street Heritage Conservation Area
Shown by red hatching and labelled ‘C19’
Local
Iron Cove Heritage Conservation Area
Shown by red hatching and labelled ‘C6’
Local
Leichhardt Street/Stanley Street Heritage Conservation Area
Shown by red hatching and labelled ‘C11’
Local
Parramatta Road Heritage Conservation Area
Shown by red hatching and labelled ‘C2’
Local
Scarvell Estate Heritage Conservation Area
Shown by red hatching and labelled ‘C12’
Local
The Valley Heritage Conservation Area
Shown by red hatching and labelled ‘C7’
Local
Town of Waterview Heritage Conservation Area
Shown by red hatching and labelled ‘C4’
Local
Waterview Estate Heritage Conservation Area
Shown by red hatching and labelled ‘C5’
Local
Wetherill Estate Heritage Conservation Area
Shown by red hatching and labelled ‘C14’
Local
Whaleyborough Estate Heritage Conservation Area
Shown by red hatching and labelled ‘C13’
Local
Part 3 Archaeological sites
Suburb
Item Name
Address
Property Description
Significance
Item No
Balmain
Gladstone Park Reservoir
Booth Street
Part Lot 1, DP 724348
Local
A1
Birchgrove
Aboriginal midden and rock shelter
144 Louisa Road
Lot 1, DP 235461
Local
A4
Birchgrove
Balmain to Greenwich Electric Cable Tunnel, including interiors
146A and 146B Louisa Road
Lot 11, DP 839246
State
A2
Birchgrove
Former Morts Dock
Cameron Street (Mort Bay Park)
Lots 4 and 14, DP 748753; Lot 23, DP 1031154
State
A5
Birchgrove
Aboriginal middens and rock shelter
Numa Street (public reserve)
Lot 1, DP 573639
Local
A8
Birchgrove
Aboriginal middens and rock shelter
7 Numa Street
Lot 2, DP 618100
Local
A6
Birchgrove
Aboriginal middens and rock shelter
9 Numa Street
Lot 1, DP 618100
Local
A7
Birchgrove
(Balmain) Birchgrove Colliery, including interiors
2–8 Water Street
Lot 1, DP 270149; Lots 1–30, CP/SP 56650; Lots 1–93, CP/SP 56231; Lots 1–18, CP/SP 56649
Local
A9
sch 5: Am 2014 (687), cl 5; 2015 (452), Sch 1 [9].
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 Leichhardt Local Environmental Plan 2013 Acid Sulfate Soils Map.
Additional Permitted Uses Map means the Leichhardt Local Environmental Plan 2013 Additional Permitted Uses 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 Leichhardt Municipal 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.
draft heritage item means a building, work, archeological site, tree, place or Aboriginal object identified as a heritage item in this Plan that has been subject to community consultation, other than an item that was consulted on before 1 March 2006, but was not included in a local environmental plan before 27 February 2009.
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 Leichhardt Local Environmental Plan 2013 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 Building Line Map means the Leichhardt Local Environmental Plan 2013 Foreshore Building Line Map.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
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 Leichhardt Local Environmental Plan 2013 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 Leichhardt Local Environmental Plan 2013 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 Leichhardt Local Environmental Plan 2013 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 Leichhardt Local Environmental Plan 2013 Land Application Map.
Land Reclassification (Part Lots) Map means the Leichhardt Local Environmental Plan 2013 Land Reclassification (Part Lots) Map.
Land Reservation Acquisition Map means the Leichhardt Local Environmental Plan 2013 Land Reservation Acquisition Map.
Land Zoning Map means the Leichhardt Local Environmental Plan 2013 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 Leichhardt Local Environmental Plan 2013 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
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 2014 (92), Sch 1 [7] [8]; 2015 (758), cl 5 (2).