{"id":"nsw:epi-2021-0498","name":"Bayside Local Environmental Plan 2021","slug":"bayside-local-environmental-plan-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"498 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181129,"registerId":"nsw-nsw:epi-2021-0498-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Bayside Local Environmental Plan 2021](/view/html/inforce/current/epi-2021-0498).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Rural Zones\n> \n> > RU4 Primary Production Small Lots\n> \n> > Residential Zones\n> \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R4 High Density Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> > \n> > SP4 Enterprise\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> > \n> > W3 Working Waterways\n> \n> **cl 2.1:** Am 2022 (829), Sch 1.1\\[1\\]; 2025 (202), Sch 1\\[1\\] \\[2\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), 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\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2022 (829), Sch 1.1\\[2\\] (am 2023 (82), Sch 1.3\\[1\\]); 2023 (458), Sch 2.4; 2025 (202), Sch 1\\[3\\].\n\nZone RU4 Primary Production Small Lots\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R4 High Density Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone SP4 Enterprise\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways\n\nZone W3 Working Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agritourism; Aquaculture; Building identification signs; Dwelling houses; Environmental protection works; Farm buildings; Flood mitigation works; Plant nurseries; Roads; Roadside stalls; Water supply systems","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":111},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":115},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":126},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (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](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > 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](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (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](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021) (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).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Local Open Space (Arncliffe)” | The corporation constituted under section 2.5 of the Act |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone SP2 Infrastructure and marked “Classified road widening” | Transport for NSW |\n> > | Zone SP2 Infrastructure and marked “Local road widening” | Council |\n> > | Zone SP2 Infrastructure and marked “School” | Department of Education |\n> > | Zone SP2 Infrastructure and marked “Stormwater” | Sydney Water Corporation |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > | Zone R2 Low Density Residential and marked “Car parks”, “Local road” or “Local road widening” | Council |\n> > | Zone R2 Low Density Residential and marked “School” | Department of Education |\n> > | Zone R3 Medium Density Residential and marked “Local road” or “Local road widening” | Council |\n> > | Zone R4 High Density Residential and marked “Local road” or “Local road widening” | Council |\n> > | Zone E1 Local Centre and marked “Local road” or “Local road widening” | Council |\n> > | Zone MU1 Mixed Use and marked “Car parks”, “Local road” or “Local road widening” | Council |\n> \n> > (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.\n> \n> **cl 5.1:** Am 2022 (829), Sch 1.1\\[3\\] \\[4\\].","sortOrder":127},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":154},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (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](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 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. |\n> > | 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. |\n> > | 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. |\n> \n> > (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.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (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)—\n> > \n> > > (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,\n> > \n> > > (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),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":155},{"sectionNumber":"Part 7","sectionType":"part","heading":"Intensive urban development","content":"# Part 7 Intensive urban development\n\nPart 7 Intensive urban development","sortOrder":175},{"sectionNumber":"7","sectionType":"section","heading":"Public utility infrastructure","content":"#### 7 Public utility infrastructure\n\n7.1 Public utility infrastructure\n\n> > (1) Development consent must not be granted for development on land in an intensive urban development area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.\n> \n> > (2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.\n> \n> > (3) In this clause—\n> > \n> > public utility infrastructure, in relation to an intensive urban development area, includes infrastructure for any of the following—\n> > \n> > > (a) the supply of water,\n> > \n> > > (b) the supply of electricity,\n> > \n> > > (c) the disposal and management of sewage.","sortOrder":176},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2022 (829), Sch 1.1\\[5\\] \\[6\\]; 2024 (571), Sch 1\\[1\\]–\\[8\\]; 2025 (127), Sch 1; 2025 (164), Sch 1; 2025 (202), Sch 1\\[5\\]; 2025 (606), Sch 1\\[2\\] \\[3\\].","sortOrder":178},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at Florence Avenue, Eastlakes","content":"#### 8 Use of certain land at Florence Avenue, Eastlakes\n\n8 Use of certain land at Florence Avenue, Eastlakes\n\n> > (1) This clause applies to land at Florence Avenue, Eastlakes, being Lot 3, DP 791176 and identified as “5” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of light industries and a warehouse or distribution centre is permitted with development consent.","sortOrder":185},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 75 Gardeners Road, Eastlakes","content":"#### 9 Use of certain land at 75 Gardeners Road, Eastlakes\n\n9 Use of certain land at 75 Gardeners Road, Eastlakes\n\n> > (1) This clause applies to land at Lot 51, DP 1216168, 75 Gardeners Road, Eastlakes, identified as “6” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of entertainment facilities, food and drink premises, function centres, garden centres, hardware and building supplies, landscaping material supplies, recreation areas and recreation facilities (indoor) is permitted with development consent.","sortOrder":186},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at King Street, Eastlakes","content":"#### 10 Use of certain land at King Street, Eastlakes\n\n10 Use of certain land at King Street, Eastlakes\n\n> > (1) This clause applies to land at L’Estrange Park, King Street, Eastlakes, being Lot 7068, DP 1028505 and identified as “7” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a depot and public administration building is permitted with development consent.","sortOrder":187},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11 (Repealed)","sortOrder":188},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at 58 President Avenue, Kogarah","content":"#### 12 Use of certain land at 58 President Avenue, Kogarah\n\n12 Use of certain land at 58 President Avenue, Kogarah\n\n> > (1) This clause applies to land at 58 President Avenue, Kogarah being Lot 37, DP 1052178 and identified as “24” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a car park at ground level is permitted with development consent.","sortOrder":189},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at Coward Street, John Street, Haran Street, Church Avenue, O’Riordan Street and Gardeners Road, Mascot","content":"#### 13 Use of certain land at Coward Street, John Street, Haran Street, Church Avenue, O’Riordan Street and Gardeners Road, Mascot\n\n13 Use of certain land at Coward Street, John Street, Haran Street, Church Avenue, O’Riordan Street and Gardeners Road, Mascot\n\n> > (1) This clause applies to land at Coward Street, John Street, Haran Street, Church Avenue, O’Riordan Street and Gardeners Road, Mascot, known as Linear Park, being Lots 1, 2 and 4 and part of Lots 3 and 5, DP 85917 and Lot 1, DP 224757 and identified as “9” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a recreation area is permitted with development consent.","sortOrder":190},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at Coward Street, King Street and Kent Road, Mascot","content":"#### 14 Use of certain land at Coward Street, King Street and Kent Road, Mascot\n\n14 Use of certain land at Coward Street, King Street and Kent Road, Mascot\n\n> > (1) This clause applies to the following land at Coward Street, King Street and Kent Road, Mascot, identified as “10” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021)—\n> > \n> > > (a)–(c) (Repealed)\n> > \n> > > (d) Lots 103 and 104, DP 1282564,\n> > \n> > > (e) Lots 2 and 4, DP 234489,\n> > \n> > > (f) Lot 2, DP 510447.\n> \n> > (2) Development is permitted with development consent—\n> > \n> > > (a) for any of the following purposes, but only if the purpose relates to the use of Sydney (Kingsford Smith) Airport—\n> > > \n> > > > (i) commercial premises,\n> > > \n> > > > (ii) function centres,\n> > > \n> > > > (iii) information and education facilities,\n> > > \n> > > > (iv) passenger transport facilities,\n> > > \n> > > > (v) tourist and visitor accommodation, or\n> > \n> > > (b) for the purpose of any other building or place used only for purposes that relate to the use of Sydney (Kingsford Smith) Airport.\n> \n> > (3) Without limiting subclause (2), development is permitted with development consent for the purpose of a building or place used for the provision of any of the following services—\n> > \n> > > (a) services related to any of the following uses carried out at Sydney (Kingsford Smith) Airport—\n> > > \n> > > > (i) the assembly, storage or land transport of air freight,\n> > > \n> > > > (ii) the accommodation, or transportation by air or land, of air passengers or air crew,\n> > > \n> > > > (iii) the storage, operation, maintenance or repair of aircraft or aircraft components,\n> > > \n> > > > (iv) the administrative functions associated with the airport, such as airport management and security,\n> > > \n> > > > (v) the functions of government departments and authorities related to air passengers and air freight,\n> > \n> > > (b) services provided for hotel or motel guests, including banking, dry cleaning, hairdressing and the like, that are located within the confines of the hotel or motel building.\n> \n> > (4) In determining whether to grant development consent under this clause, the consent authority must consider the following—\n> > \n> > > (a) whether or not the development is likely to support the role of Sydney (Kingsford Smith) Airport and environs as a transport gateway,\n> > \n> > > (b) whether or not the development is likely to compromise the viability of adjoining industrial uses.","sortOrder":191},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at 2 Hollingshed Street, Mascot","content":"#### 15 Use of certain land at 2 Hollingshed Street, Mascot\n\n15 Use of certain land at 2 Hollingshed Street, Mascot\n\n> > (1) This clause applies to land at 2 Hollingshed Street, Mascot, being Lot 2, DP 827779 and identified as “11” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a depot is permitted with development consent.","sortOrder":192},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at 60 Kent Road, Mascot","content":"#### 16 Use of certain land at 60 Kent Road, Mascot\n\n16 Use of certain land at 60 Kent Road, Mascot\n\n> > (1) This clause applies to land at 60 Kent Road, Mascot, being Lot 7, DP 38594 and identified as “12” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of business premises and office premises (but not restricted premises) is permitted with development consent.","sortOrder":193},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at King Street, Mascot","content":"#### 17 Use of certain land at King Street, Mascot\n\n17 Use of certain land at King Street, Mascot\n\n> > (1) This clause applies to land at King Street, Mascot, being Lot 2, DP 510447 and identified as “13” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for any of the following purposes is permitted with development consent, but only if the purpose relates to the use of Sydney (Kingsford Smith) Airport—\n> > \n> > > (a) freight transport facilities,\n> > \n> > > (b) industrial training facilities,\n> > \n> > > (c) general industries,\n> > \n> > > (d) light industries,\n> > \n> > > (e) storage premises,\n> > \n> > > (f) transport depots.\n> \n> > (3) In determining whether to grant development consent under this clause, the consent authority must consider the following—\n> > \n> > > (a) whether or not the development is likely to support the role of Sydney (Kingsford Smith) Airport and environs as a transport gateway,\n> > \n> > > (b) whether or not the development is likely to compromise the viability of adjoining industrial uses.","sortOrder":194},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land along Qantas Drive, Mascot","content":"#### 18 Use of certain land along Qantas Drive, Mascot\n\n18 Use of certain land along Qantas Drive, Mascot\n\n> > (1) This clause applies to the following land adjacent to Qantas Drive, Mascot, identified as “14” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021)—\n> > \n> > > (a) Part Lot 95, DP 1157632,\n> > \n> > > (b) Part Lot 11, DP 213317,\n> > \n> > > (c) Lot 17, DP 217443,\n> > \n> > > (d) Lot 6, DP 209847,\n> > \n> > > (e) Part Lot 9, DP 747022.\n> \n> > (2) Development for the purposes of signage is permitted with development consent.","sortOrder":195},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at Robey and High Streets, Mascot","content":"#### 19 Use of certain land at Robey and High Streets, Mascot\n\n19 Use of certain land at Robey and High Streets, Mascot\n\n> > (1) This clause applies to land at Robey and High Streets, Mascot, being Lots 4 and 5, DP 632359, known as John Curtin Reserve and identified as “15” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a depot and public administration building is permitted with development consent.","sortOrder":196},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at 128 Bunnerong Road, Pagewood and 120 Banks Avenue, Eastgardens","content":"#### 20 Use of certain land at 128 Bunnerong Road, Pagewood and 120 Banks Avenue, Eastgardens\n\n20 Use of certain land at 128 Bunnerong Road, Pagewood and 120 Banks Avenue, Eastgardens\n\n> > (1) This clause applies to land at Lot 100, DP 1250842 and Lot 24, DP 1242288, 128 Bunnerong Road and 120 Banks Avenue, Eastgardens, identified as “33” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) serviced apartments,\n> > \n> > > (b) commercial premises,\n> > \n> > > (c) recreation facilities (indoor).","sortOrder":197},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land at Bay Street Open Space Precinct, Rockdale","content":"#### 21 Use of certain land at Bay Street Open Space Precinct, Rockdale\n\n21 Use of certain land at Bay Street Open Space Precinct, Rockdale\n\n> > (1) This clause applies to land known as Ador Avenue Reserve, McCarthy Reserve, Rockdale Women’s Playing Fields and former Rockdale Bowling Club, identified as “25” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021), being—\n> > \n> > > (a) 170 Bay Street, Rockdale being Lot D, DP 332630, Lot 2, DP 519343, Lot 2, DP 518813, part Lot 1, DP 721666 and part Lot 1, DP 724135, and\n> > \n> > > (b) 9 Ador Avenue, Rockdale being Lot 27, DP 13109 and part Lot 1, DP 721666, and\n> > \n> > > (c) 310 West Botany Street, Rockdale being Lot 1, DP 517350 and Lot 1, DP 34647, and\n> > \n> > > (d) 310A West Botany Street, Rockdale being Lot E, DP 15263 and Lot 1, DP 529102, and\n> > \n> > > (e) 331 West Botany Street, Rockdale being part Lot 1, DP 721666, and\n> > \n> > > (f) 339 West Botany Street, Rockdale being part Lot 1, DP 721666 and part Lot 1, DP 724135, and\n> > \n> > > (g) 341 West Botany Street, Rockdale being part Lot 1, DP 721666, part Lot 1, DP 724135 and Lot 2, DP 302304.\n> \n> > (2) Development for the purposes of information and education facilities, kiosks, office premises, public administration buildings, recreation facilities (major) and retail premises is permitted with development consent.","sortOrder":198},{"sectionNumber":"22","sectionType":"section","heading":"Use of certain land at 564–570 Princes Highway and 75–81 Railway Street, Rockdale","content":"#### 22 Use of certain land at 564–570 Princes Highway and 75–81 Railway Street, Rockdale\n\n22 Use of certain land at 564–570 Princes Highway and 75–81 Railway Street, Rockdale\n\n> > (1) This clause applies to land at 564–570 Princes Highway and 75–81 Railway Street, Rockdale, identified as “26” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021), being—\n> > \n> > > (a) SP 96651 and Lot 2, DP 529876, and\n> > \n> > > (b) Lot 101, DP 771165, Lot 3, DP 82942, Lot 1, DP 455421 and Lot 1, DP 912313.\n> \n> > (2) Development for the purpose of residential flat buildings at ground floor is permitted with development consent if the ground floor of the building facing Princes Highway, Railway Street or Parker Street is used for commercial premises.","sortOrder":199},{"sectionNumber":"23","sectionType":"section","heading":"Use of certain land at 432 West Botany Street, Rockdale","content":"#### 23 Use of certain land at 432 West Botany Street, Rockdale\n\n23 Use of certain land at 432 West Botany Street, Rockdale\n\n> > (1) This clause applies to land at 432 West Botany Street, Rockdale, SP 34276 and identified as “27” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a shop associated with a charitable organisation is permitted with development consent.","sortOrder":200},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24 (Repealed)","sortOrder":201},{"sectionNumber":"25","sectionType":"section","heading":"Use of certain land at 395 Gardeners Road, Rosebery","content":"#### 25 Use of certain land at 395 Gardeners Road, Rosebery\n\n25 Use of certain land at 395 Gardeners Road, Rosebery\n\n> > (1) This clause applies to land at 395 Gardeners Road, Rosebery, being Lot 1, DP 75748 and identified as “17” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a service station and vehicle repair station is permitted with development consent.","sortOrder":202},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n26 (Repealed)","sortOrder":203},{"sectionNumber":"27","sectionType":"section","heading":"Use of certain land at 1 and 3 Macquarie Street and 3 and 3A Maloney Street, Rosebery","content":"#### 27 Use of certain land at 1 and 3 Macquarie Street and 3 and 3A Maloney Street, Rosebery\n\n27 Use of certain land at 1 and 3 Macquarie Street and 3 and 3A Maloney Street, Rosebery\n\n> > (1) This clause applies to land at 1 and 3 Macquarie Street and 3 and 3A Maloney Street, Rosebery, being Lots 5, 6 and 8, DP 18556 and Lot 11, DP 1142723 and identified as “19” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a car park in association with the use of the hotel at 305 Gardeners Road, Rosebery, known as The Lakes Hotel, is permitted with development consent.","sortOrder":204},{"sectionNumber":"28","sectionType":"section","heading":"Use of certain land at 55 Sanoni Avenue, Sandringham","content":"#### 28 Use of certain land at 55 Sanoni Avenue, Sandringham\n\n28 Use of certain land at 55 Sanoni Avenue, Sandringham\n\n> > (1) This clause applies to land at 55 Sanoni Avenue, Sandringham being Lot 436, DP 752056 and identified as “32” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a registered club or a restaurant or cafe is permitted with development consent.","sortOrder":205},{"sectionNumber":"29","sectionType":"section","heading":"Use of certain land at Kendall Street Reserve, Sans Souci","content":"#### 29 Use of certain land at Kendall Street Reserve, Sans Souci\n\n29 Use of certain land at Kendall Street Reserve, Sans Souci\n\n> > (1) This clause applies to land at 4–24 Lawson Street, Sans Souci being Lot 12, DP 229778 and identified as “28” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of an educational establishment is permitted with development consent.","sortOrder":206},{"sectionNumber":"30","sectionType":"section","heading":"Use of certain land at 50 Park Road, Sans Souci","content":"#### 30 Use of certain land at 50 Park Road, Sans Souci\n\n30 Use of certain land at 50 Park Road, Sans Souci\n\n> > (1) This clause applies to land at 50 Park Road, Sans Souci being Lot 1, DP 1152183 and identified as “31” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a registered club or a restaurant or cafe is permitted with development consent.","sortOrder":207},{"sectionNumber":"31","sectionType":"section","heading":"Use of certain land at Cahill Park, 2 and 2A Princes Highway, Wolli Creek","content":"#### 31 Use of certain land at Cahill Park, 2 and 2A Princes Highway, Wolli Creek\n\n31 Use of certain land at Cahill Park, 2 and 2A Princes Highway, Wolli Creek\n\n> > (1) This clause applies to land known as Cahill Park, Part Lot 50, DP 1223957, 2 and 2A Princes Highway, Wolli Creek, identified as “29” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a restaurant or cafe is permitted with development consent.","sortOrder":208},{"sectionNumber":"32","sectionType":"section","heading":"Use of certain land at 55–107 Princes Highway, Wolli Creek","content":"#### 32 Use of certain land at 55–107 Princes Highway, Wolli Creek\n\n32 Use of certain land at 55–107 Princes Highway, Wolli Creek\n\n> > (1) This clause applies to 55–93, 95–103 and 107 Princes Highway, Wolli Creek, identified as “30” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021), being—\n> > \n> > > (a) Lot 1, DP 124350, and\n> > \n> > > (b) Lot 1, DP 366899, and\n> > \n> > > (c) Lot Y, DP 406764, and\n> > \n> > > (d) Lot C, DP 358076, and\n> > \n> > > (e) Lot 2, DP 366899, and\n> > \n> > > (f) Lot 1, DP 434701, and\n> > \n> > > (g) Lot 1, DP 435902, and\n> > \n> > > (h) Lot 1, DP 437335, and\n> > \n> > > (i) Lot 1, DP 437151, and\n> > \n> > > (j) Lot 5, DP 538220, and\n> > \n> > > (k) Lot 2, DP 221119, and\n> > \n> > > (l) Lot 1, DP 733375.\n> \n> > (2) Development for the purposes of vehicle body repair workshops and vehicle repair stations is permitted with development consent.","sortOrder":209},{"sectionNumber":"33","sectionType":"section","heading":"Use of certain land at Astrolabe Park, Rhodes Street Reserve and Mutch Park","content":"#### 33 Use of certain land at Astrolabe Park, Rhodes Street Reserve and Mutch Park\n\n33 Use of certain land at Astrolabe Park, Rhodes Street Reserve and Mutch Park\n\n> > (1) This clause applies to the following land, identified as “20” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021)—\n> > \n> > > (a) land at Isaac Smith Street, Daceyville, being Lot 2825, DP 752015, known as Astrolabe Park,\n> > \n> > > (b) land at Rhodes Street, Hillsdale, being Lot 245, DP 752015, Lot 1, DP 122212 and Lot 1, DP 813900, known as Rhodes Street Reserve,\n> > \n> > > (c) land at Wentworth Avenue, Pagewood, being Lots 3881 and 3882, DP 752015, known as Mutch Park.\n> \n> > (2) Development for the purposes of a recreation area is permitted with development consent.","sortOrder":210},{"sectionNumber":"34","sectionType":"section","heading":"Use of certain land in R2 Low Density Residential zone for multi-dwelling housing and residential flat buildings","content":"#### 34 Use of certain land in R2 Low Density Residential zone for multi-dwelling housing and residential flat buildings\n\n34 Use of certain land in R2 Low Density Residential zone for multi-dwelling housing and residential flat buildings\n\n> > (1) This clause applies to land identified as “34” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) multi-dwelling housing,\n> > \n> > > (b) residential flat buildings.\n> \n> > (3) Despite subclause (2), development consent must not be granted to development for the purposes of residential flat buildings or multi-dwelling housing on land to which this clause applies unless—\n> > \n> > > (a) the development is a building that was designed and constructed for, or on land that, on the commencement of this Plan, was used for, a purpose other than residential accommodation, and\n> > \n> > > (b) the consent authority has considered—\n> > > \n> > > > (i) the impact of the development on the scale and streetscape of the surrounding locality, and\n> > > \n> > > > (ii) the suitability of the building or land for adaptive reuse, and\n> > > \n> > > > (iii) the degree of modification of the footprint and facade of the building.","sortOrder":211},{"sectionNumber":"35","sectionType":"section","heading":"Use of certain land in R3 Medium Density Residential zone for residential flat buildings","content":"#### 35 Use of certain land in R3 Medium Density Residential zone for residential flat buildings\n\n35 Use of certain land in R3 Medium Density Residential zone for residential flat buildings\n\n> > (1) This clause applies to land identified as “35” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a residential flat building is permitted with development consent.","sortOrder":212},{"sectionNumber":"36","sectionType":"section","heading":"Use of land at 32 Bay Street, Rockdale","content":"#### 36 Use of land at 32 Bay Street, Rockdale\n\n36 Use of land at 32 Bay Street, Rockdale\n\n> > (1) This clause applies to Lot 14, Section 1, DP 1547 and Lot 1, DP 1094695, 32 Bay Street, Rockdale, identified as “36” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of a single registered club is permitted with development consent.","sortOrder":213},{"sectionNumber":"37","sectionType":"section","heading":"Use of land at 471 Princes Highway, Rockdale","content":"#### 37 Use of land at 471 Princes Highway, Rockdale\n\n37 Use of land at 471 Princes Highway, Rockdale\n\n> > (1) This clause applies to Lot 2, DP 112857, 471 Princes Highway, Rockdale, identified as “37” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of restricted premises is permitted with development consent.","sortOrder":214},{"sectionNumber":"38","sectionType":"section","heading":"Use of land at 17 The Seven Ways, Rockdale","content":"#### 38 Use of land at 17 The Seven Ways, Rockdale\n\n38 Use of land at 17 The Seven Ways, Rockdale\n\n> > (1) This clause applies to Lot 8, DP 12036, 17 The Seven Ways, Rockdale, identified as “38” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of sex services premises is permitted with development consent.","sortOrder":215},{"sectionNumber":"39","sectionType":"section","heading":"Use of certain land in Zone E3","content":"#### 39 Use of certain land in Zone E3\n\n39 Use of certain land in Zone E3\n\n> > (1) This clause applies to land in Zone E3, identified as “39” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of waste or resource transfer stations is permitted with development consent.","sortOrder":216},{"sectionNumber":"40","sectionType":"section","heading":"Use of land at 55 Kent Road and 293 Coward Street, Mascot","content":"#### 40 Use of land at 55 Kent Road and 293 Coward Street, Mascot\n\n40 Use of land at 55 Kent Road and 293 Coward Street, Mascot\n\n> > (1) This clause applies to the following land at Mascot, identified as “40” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021)—\n> > \n> > > (a) Lot X, DP 408199, 55 Kent Road, and\n> > \n> > > (b) Lot 2, DP 1063293, 293 Coward Street.\n> \n> > (2) Development for the purposes of restaurants or cafes is permitted with development consent.","sortOrder":217},{"sectionNumber":"41","sectionType":"section","heading":"Use of certain land in Zone E4","content":"#### 41 Use of certain land in Zone E4\n\n41 Use of certain land in Zone E4\n\n> > (1) This clause applies to land in Zone E4, identified as “41” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of recreation facilities (indoor) is permitted with development consent.","sortOrder":218},{"sectionNumber":"42","sectionType":"section","heading":"Use of land at 12 and 13 Production Avenue, Kogarah","content":"#### 42 Use of land at 12 and 13 Production Avenue, Kogarah\n\n42 Use of land at 12 and 13 Production Avenue, Kogarah\n\n> > (1) This clause applies to Lots 30 and 12, DP 29275, 12 and 13 Production Avenue, Kogarah, identified as “42” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of restricted premises is permitted with development consent.","sortOrder":219},{"sectionNumber":"43","sectionType":"section","heading":"Use of certain land in Zones E1 and E3","content":"#### 43 Use of certain land in Zones E1 and E3\n\n43 Use of certain land in Zones E1 and E3\n\n> > (1) This clause applies to land in Zones E1 and E3, identified as “43” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.","sortOrder":220},{"sectionNumber":"44","sectionType":"section","heading":"Use of certain land in Zone E3","content":"#### 44 Use of certain land in Zone E3\n\n44 Use of certain land in Zone E3\n\n> > (1) This clause applies to land in Zone E3, identified as “44” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of advertising structures is permitted with development consent.","sortOrder":221},{"sectionNumber":"45","sectionType":"section","heading":"Use of certain land at Wentworth Avenue, Eastlakes","content":"#### 45 Use of certain land at Wentworth Avenue, Eastlakes\n\n45 Use of certain land at Wentworth Avenue, Eastlakes\n\n> > (1) This clause applies to land identified as “45” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of signage is permitted with development consent.","sortOrder":222},{"sectionNumber":"46","sectionType":"section","heading":"Use of land at 179–183 Russell Avenue, Dolls Point","content":"#### 46 Use of land at 179–183 Russell Avenue, Dolls Point\n\n46 Use of land at 179–183 Russell Avenue, Dolls Point\n\n> > (1) This clause applies to Lots 66–73, DP 2237, 179–183 Russell Avenue, Dolls Point, identified as “46” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of restaurants or cafes is permitted with development consent if the gross floor area of all restaurants or cafes on the land is no more than 825m2.","sortOrder":223},{"sectionNumber":"47","sectionType":"section","heading":"Use of certain land at 19 Marsh Street, Arncliffe","content":"#### 47 Use of certain land at 19 Marsh Street, Arncliffe\n\n47 Use of certain land at 19 Marsh Street, Arncliffe\n\n> > (1) This clause applies to Lot 31, DP 1231484, 19 Marsh Street, Arncliffe, identified as “47” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of advertising structures is permitted with development consent.","sortOrder":224},{"sectionNumber":"48","sectionType":"section","heading":"Use of land at 263–273 and 273A Coward Street, Mascot","content":"#### 48 Use of land at 263–273 and 273A Coward Street, Mascot\n\n48 Use of land at 263–273 and 273A Coward Street, Mascot\n\n> > (1) This clause applies to Lots 100 and 101, DP 1277278, Lot 3, DP 230355 and Lot 5, DP 1276735, 263–273 and 273A Coward Street, Mascot, identified as “48” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/bayside-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) if the total floor area of all office premises on the land is no more than 5% of the total floor area of all buildings on the land—office premises,\n> > \n> > > (b) if the total floor area of all restaurants or cafes on the land is no more than 1,300m2—restaurants or cafes.","sortOrder":225},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt 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.\n\n**sch 2:** Am 2025 (262), Sch 1.","sortOrder":226},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Signage—bus shelter advertising","content":"#### sch.2-sec Signage—bus shelter advertising\n\nSignage—bus shelter advertising\n\n> > (1) Must not extend beyond the perimeter of the bus shelter.\n> \n> > (2) Must not contain neon, flashing or continuously moving electronic content.\n> \n> > (3) Must not adversely impact the amenity of a heritage item or heritage conservation area.\n> \n> > (4) Must not obstruct sight lines for drivers, cyclists or pedestrians.\n> \n> > (5) Must be erected by or on behalf of the Council.","sortOrder":227},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) 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.","sortOrder":228},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> 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](/view/html/inforce/current/epi-2008-0572).","sortOrder":231},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2025 (202), Sch 1\\[6\\].","sortOrder":232},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2024 (226), Sch 1; 2024 (571), Sch 1\\[9\\]–\\[70\\]; 2025 (128), Sch 1\\[1\\]–\\[3\\].","sortOrder":236},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":239},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":241},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":243}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Plan is a consolidation of earlier Botany Bay/Botany/Rockdale LEPs (cl 1.8) and has been extended through multiple site‑specific permissions, mapped uplift allowances and precinct controls since its original formation. Examples of scope growth include: (1) insertion of numerous area‑based height and FSR exceptions and uplift rules (cl 4.3(2A); cl 4.4(2A)–(2H)); (2) many parcel‑level additional permitted uses and development ceilings in Schedule 1 (dozens of named lots); (3) the addition of detailed precinct development control plan requirements and design excellence obligations (cl 6.16; cl 6.10); and (4) new local clauses addressing activity hazard risk, special site caps (e.g. cl 6.20 at 19A Marsh Street), and other fine‑grain controls (cl 6.19, cl 6.17). These additions move the instrument beyond a simple map‑and‑table zoning plan towards a hybrid of broad zoning plus targeted site‑specific concessions and constraints, expanding the Plan’s practical scope and the range of discretionary decisions the Council must make."},"complexity_factors":["Numerous maps are integral to rules (Zoning, Height, FSR, Lot Size, Heritage, Flood, Active Frontages, Design Excellence, Terrestrial Biodiversity, Waterways, Wetlands, Acid Sulfate Soils, Activity Hazard Risk, etc.) — decisions rely on cross‑checking maps with clauses (cl 1.7; multiple clauses referencing maps).","Large number of site‑specific and area‑specific exceptions to general standards (e.g. cl 4.3(2A) lists 12 Areas with different height uplifts; cl 4.4(2C)-(2H) lists FSR exceptions; cl 4.3A–4.3B special height planes).","Extensive schedules with parcel‑level rules and permitted uses (Schedule 1 contains dozens of numbered land parcels with differing permitted uses; Schedule 5 lists roughly 380–390 heritage items and multiple heritage conservation areas).","Multiple cross‑references to State Environmental Planning Policies and other Acts (e.g. SEPPs for housing, transport, biodiversity, BASIX, Building Code of Australia, Airports Act, Fisheries Act, Biodiversity Conservation Act) increasing interpretive work.","Conditional and nested tests: many clauses require the consent authority to be \"satisfied\" of multiple matters (e.g. flood planning cl 5.21, riparian cl 6.5, biodiversity cl 6.4), creating layered assessment obligations.","A non‑exhaustive list of exclusions and clauses \"not to be used\" for relaxations (cl 4.6 lists many standards that cannot be varied), increasing legal nuance on when exceptions apply.","Design excellence regime with two tracks (design review panel or competitive design process) and thresholds by height/storeys (cl 6.10) — procedural complexity and potential costs for applicants.","Site‑specific development control plan requirements for several large land parcels (cl 6.16 and related local clauses), requiring bespoke planning documents before consent can be granted.","Multiple recent amendments over several years (annotation of amendments 2021–2025), meaning the Plan is a consolidation with iterative, technical changes that must be read together.","Special economic and hazard mapping (e.g. activity hazard risk, airport noise contours) that trigger State referrals and additional technical compliance (cl 6.19, cl 6.8)."],"plain_english_summary":"**What this Plan is and does (mechanics)\n\n- The Bayside Local Environmental Plan 2021 (the Plan) is the local zoning and development rule‑book that applies to land inside the Bayside area. It replaces earlier local environmental plans applying to Botany Bay, Botany and Rockdale (cl 1.8).\n\n- The Plan does three practical things:\n  - divides the area into zones on an official Zoning Map and lists what uses are permitted, permitted with consent, or prohibited in each zone (Part 2, cl 2.1–2.3 and the Land Use Table);\n  - sets numerical and procedural development standards that any development must meet (Part 4: minimum lot sizes cl 4.1, building heights cl 4.3, floor space ratios cl 4.4, and rules for calculating FSR cl 4.5);\n  - adds a range of local, site‑specific controls, exemptions and additional permitted uses for particular parcels, precincts and features (Schedules 1–6 and many clauses in Parts 5–7 and Part 6).\n\n- Maps (Zoning, Height of Buildings, Floor Space Ratio, Lot Size, Heritage, Flood, Active Frontages, Design Excellence, etc.) are integral: the written rules are applied against the mapped land (cl 1.7, cl 2.2, cl 4.3(2), cl 4.4(2) and others).\n\nWho decides and who is affected\n\n- The Council is the consent authority for development under this Plan unless the Act or other State policies say otherwise (cl 1.6). For some applications the consent authority must also refer material to the Department (e.g. for activity hazard areas cl 6.19).\n\n- Affected parties include: landowners and developers in Bayside seeking to build, subdivide or change land use; neighbours and local businesses (who are affected by zoning and amenity decisions); the Council (administration, assessment, enforcement); and State authorities where mapped infrastructure, airport or environmental constraints apply.\n\nKey local effects and notable rules\n\n- Zoning and permitted uses: each zone sets objectives and a Land Use Table that lists uses that are:\n  - permitted without consent (small, low‑impact uses),\n  - permitted with development consent (most building work and change of use), or\n  - prohibited (anything not listed) (cl 2.3 and the Land Use Table).\n\n- Subdivision and demolition: subdivision requires consent (cl 2.6) and demolition generally requires consent (cl 2.7); there are savings for applications made before the Plan commenced (cl 1.8A).\n\n- Development standards and local exceptions:\n  - minimum lot sizes are mapped and must be met unless a specific exception applies (cl 4.1);\n  - maximum building heights and floor space ratios (FSR) are set on maps, but the Plan contains many area‑specific exceptions and limited uplift allowances where larger sites or particular Areas are identified (cl 4.3(2A), cl 4.4(2A)–(2H));\n  - clause 4.6 allows the consent authority to consider, and in special circumstances approve, development that departs from a development standard, but with a list of standards that cannot be relaxed under this clause (cl 4.6).\n\n- Exempt and complying development: Schedule 2 lists exempt works (no development consent needed if the listed standards are met) and Schedule 3 lists local complying development types and conditions (Part 3, cl 3.1–3.3).\n\n- Heritage and site protection: Schedule 5 lists heritage items and conservation areas; specific kinds of work affecting heritage items, Aboriginal places or archaeological sites require consent and trigger further assessment/consultation (cl 5.10).\n\n- Environmental controls: the Plan contains mapped and textual protections for biodiversity (cl 6.4), riparian land and wetlands (cl 6.5), acid sulfate soils (cl 6.1), stormwater and water sensitive urban design (cl 6.3), foreshore areas (cl 6.6) and public bushland (cl 5.23).\n\n- Flood and hazard planning: development in flood planning areas must meet compatibility and evacuation requirements (cl 5.21). Development near mapped industrial risk areas (e.g. Botany Industrial Park) must be referred to the Planning Secretary (cl 6.19).\n\n- Design quality controls: certain precincts and mapped sites must demonstrate \"design excellence\"; tall or large buildings may require design review panel assessment or a competitive design process (cl 6.10).\n\n- Special economic/infrastructure measures: the Plan includes precinct and parcel‑specific permissions and limits (Schedule 1), rules supporting airport and port‑related activity (multiple clauses, e.g. Land Use Table, cl 6.16 and Schedule 1 items), and controls to protect airspace and aircraft noise considerations (cl 6.7, cl 6.8).\n\n- Music and licensed premises: the consent authority must not refuse applications for licensed premises simply because of the playing or performance of music or certain related features, provided noise can be managed to an acceptable level (cl 5.20).\n\nWhy it matters (stated purposes and how the Plan tries to achieve them)\n\n- The Plan’s stated aims include protecting heritage and Aboriginal cultural sites, creating open space, building resilient development, encouraging sustainable economic growth, increasing housing diversity, concentrating growth near transport, protecting airport and port functions, improving tree canopy and protecting foreshore amenity (cl 1.2).\n\n- Mechanically, the Plan pursues those goals by: zoning land to steer land uses; mapping and numerically controlling height, density and minimum lot sizes; adding environmental and heritage tests for many development types; enabling targeted precinct controls and incentives for design excellence; and by permitting some site‑specific uses that would not otherwise be allowed (Schedule 1).\n\nTesting the Plan’s stated aims against incentives, costs and trade‑offs (brief analyst note)\n\n- Who pays: private landowners and developers incur the direct compliance costs (preparation of studies, heritage/biodiversity/flood reports, design competition costs for large projects). Council carries the administrative cost of assessment and enforcement; some State agencies (e.g. Transport for NSW, Planning Secretary) may incur referral workloads for particular areas.\n\n- Who decides and discretionary power: the Council is the consent authority and has significant discretion (e.g. in design excellence, clause 6.10, or exceptions to standards, clause 4.6). That concentrates decision power locally and means outcomes rest on Council assessment practices and, where required, on design review panels or competitive processes.\n\n- Concentrated benefits vs diffuse costs: the Plan contains many parcel‑specific permissive clauses and uplift allowances (see Schedule 1 and the height/FSR area exceptions in cl 4.3 and 4.4). Those create concentrated benefits to identified landowners (opportunities for extra height/FSR or additional permitted uses) while the wider public bears the complexity and potential amenity impacts. The Plan therefore blends general zoning with a patchwork of site‑specific concessions.\n\n- Administrative and compliance burden: the large number of maps, local exceptions, site‑specific development control plan requirements (e.g. cl 6.16) and referrals to State bodies raise assessment complexity and require more technical documentation for many applications (heritage, biodiversity, flood, acoustic, acid sulfate soils, WSUD).\n\n- Effects on private enterprise: zoning and local additional uses create opportunities for new commercial and industrial activity (especially near airport/port and in productivity zones), while protective measures (heritage, biodiversity, flood, foreshore) can limit development potential on constrained sites. Rules about active street frontages (cl 6.9) and design excellence (cl 6.10) aim to shape retail/residential mixes and public domain activation; meeting those rules may increase up‑front design and construction costs but can improve long‑term asset value.\n\n- Risks and trade‑offs: the Plan increases planning certainty in mapped areas but adds complexity where many site‑specific exceptions and uplift options exist. That complexity increases the risk of contested decisions, protracted assessments and higher transaction costs for project proponents. There is modest risk that targeted site concessions may be perceived as preferential to certain owners unless the Council applies consistent criteria.\n\nPractical takeaways\n\n- If you own or want to develop land in Bayside, first check the Zoning Map, Height of Buildings Map, FSR Map, Lot Size Map and any Additional Permitted Uses Map for your parcel. Those maps and the Plan’s site‑specific clauses determine what you can do and what studies you must submit.\n\n- Expect additional specialist reports for heritage, biodiversity, flood risk, acid sulfate soils or aircraft noise where the Plan maps or clauses identify those constraints. Large or tall buildings may be subject to design review or competition.\n\n- The Plan both constrains and enables development: it sets protective limits (heritage, environment, flood, foreshore) but also contains many mapped exceptions and parcel‑level permissions that expand development options for specific sites (see Schedule 1 and cl 4.3/4.4 exceptions)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has been amended at least 25 times since its commencement in August 2021, indicating its scope has evolved considerably from the original instrument. Frequent amendments to LEPs typically reflect rezoning of specific sites, changes to height or density controls, responses to state government planning reforms, and incorporation of new environmental overlays — all of which alter who is affected and what is permitted compared to the original 2021 version."},"complexity_factors":["Standard instrument LEP format involves multiple interlocking zones, maps, and schedules that must be read together","Operates under the Environmental Planning and Assessment Act 1979, which itself is highly complex legislation","Over 25 amendments since 2021 means different rules applied at different points in time — relevant for development applications lodged in the past","Land-specific rules vary enormously parcel by parcel, requiring cross-referencing between the written instrument and planning maps","Multiple overlapping controls (heritage, biodiversity, flood, acid sulfate soils) can apply simultaneously to a single property","Interaction with state environmental planning policies (SEPPs) and council development control plans adds further layers not visible in this document alone","Technical planning and legal terminology throughout (FSR, LEP, DCP, consent authority, permissibility)"],"plain_english_summary":"The Bayside Local Environmental Plan 2021 is the legal rulebook that controls land use and development across the Bayside Council area in Sydney. It determines what can be built or used on every property—affecting homeowners, tenants, buyers, developers and local businesses—and sets limits on zoning, building form and protected land, so it directly shapes what you can do with land and property."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":723},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a standard local environmental plan. While it contains extensive detail and site-specific provisions, these are typical of modern NSW LEPs and do not represent scope creep beyond the intended function of regulating land use and development for the Bayside local government area."},"complexity_factors":["19 distinct land use zones with detailed permitted/prohibited use tables","Over 380 individually listed heritage items with State and Local significance ratings","Multiple overlay maps referenced throughout (height, floor space ratio, lot size, heritage, acid sulfate soils, terrestrial biodiversity, waterways, wetlands, flood planning, activity hazard risk, etc.)","Numerous site-specific exceptions and additional permitted uses in Schedule 1 (48 separate clauses)","Nested conditional logic for height and floor space ratio variations based on area identifiers and minimum site areas","Cross-references to multiple State Environmental Planning Policies and other legislation","Detailed aquaculture operational requirements in Schedule 6 with conservation exclusion zones","Design excellence requirements triggering competitive design processes for buildings over 40 metres"],"plain_english_summary":"**What this Plan does**\n\nThis is the main planning rulebook for the **Bayside Council area** in southern Sydney. It sets out what can be built where, how tall buildings can be, and what activities are allowed on different parcels of land.\n\n**Who it affects**\n\n- **Property owners and developers** — anyone wanting to build, renovate, subdivide, or change how they use their land\n- **Residents** — rules affect what neighbours can build, local heritage protection, and environmental safeguards\n- **Businesses** — zones determine where shops, factories, offices, and entertainment venues can operate\n\n**Key things the Plan covers**\n\n- **Land use zones** — 19 different zones ranging from low-density housing (R2) to heavy industry (E4), with a detailed table showing what's permitted, prohibited, or requires approval in each zone\n- **Development standards** — height limits, floor space ratios (how much building you can fit on a site), and minimum lot sizes for subdivision\n- **Heritage protection** — over 380 listed heritage items and 6 heritage conservation areas with special controls\n- **Environmental safeguards** — rules for flood-prone land, acid sulfate soils, waterways, biodiversity, and public bushland\n- **Special provisions** — protections for Sydney Airport operations, aircraft noise attenuation, and design excellence requirements for larger developments\n\n**Why it matters**\n\nThe Plan balances growth with protection. It encourages housing diversity and economic development while safeguarding heritage, environmental values, and community amenity. It also integrates with major infrastructure — Sydney Airport, Port Botany, and the surrounding transport network — recognising Bayside's role as a key trade gateway.\n\n**Notable features**\n\n- **Exempt and complying development** pathways allow certain minor works without full approval\n- **Additional permitted uses** (Schedule 1) allow specific sites to operate outside standard zone rules — everything from registered clubs to airport-related businesses\n- **Height and density bonuses** available in designated areas if design excellence standards are met\n- **Active street frontage** requirements in commercial areas to create lively, pedestrian-friendly spaces"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/bayside-local-environmental-plan-2021","history":"/api/acts/bayside-local-environmental-plan-2021/history","analysis":"/api/acts/bayside-local-environmental-plan-2021/analysis","conflicts":"/api/acts/bayside-local-environmental-plan-2021/conflicts","importantCases":"/api/acts/bayside-local-environmental-plan-2021/important-cases","documents":"/api/acts/bayside-local-environmental-plan-2021/documents"}}