{"id":"nsw:epi-2013-0389","name":"Canada Bay Local Environmental Plan 2013","slug":"canada-bay-local-environmental-plan-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"389 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181282,"registerId":"nsw-nsw:epi-2013-0389-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 [Canada Bay Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0389).","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> > Residential Zones\n> \n> > R1 General Residential\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> > SP2 Infrastructure\n> > \n> > SP4 Enterprise\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> \n> **cl 2.1:** Am 2022 (829), Sch 1.3\\[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 2016 (167), Sch 1 \\[2\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2018 (531), Sch 1 \\[2\\]; 2019 (621), Sch 3; 2021 (89), Sch 1\\[2\\]; 2021 (644), Sch 1\\[1\\] \\[2\\]; 2022 (314), Sch 1; 2022 (829), Sch 1.3\\[3\\] \\[4\\].\n\nZone R1 General Residential\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 SP2 Infrastructure\n\nZone SP4 Enterprise\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Group homes; Hostels; Information and education facilities; Jetties; Light industries; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Schools; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Water recycling facilities","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Rural workers’ dwellings; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other 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":87},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":91},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":105},{"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/canada-bay-local-environmental-plan-2013) (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 “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 C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > | Zone R3 Medium Density Residential and marked “Local road” | Council |\n> > | Zone R4 High Density Residential and marked “Local road” | Council |\n> > | Zone E3 Productivity Support and marked “Local road” | Council |\n> > | Zone SP2 Infrastructure and marked “Local road” | Council |\n> > | Zone R4 High Density Residential and marked “Classified road” | Transport for NSW |\n> > | Zone MU1 Mixed Use and marked “Classified Transport for NSW Road” | Transport for NSW |\n> > | Zone R3 Medium Density Residential and marked “Classified Transport for NSW Road” | Transport for NSW |\n> > | Zone RE1 Public Recreation and marked “Classified Transport for NSW Road” | Transport for NSW |\n> > | Zone MU1 Mixed Use and marked “Classified road” | Transport for NSW |\n> > | Zone RE1 Public Recreation and marked “Classified road” | Transport for NSW |\n> > | Zone E3 Productivity Support and marked “Classified road” | Transport for NSW |\n> > \n> > Note.\n> > \n> > When this Plan was made it did not include all of these zones.\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 2014 (298), Sch 1 \\[4\\]–\\[6\\]; 2021 (644), Sch 1\\[4\\]; 2022 (829), Sch 1.3\\[6\\]; 2022 (842), Sch 1\\[1\\]; 2024 (42), Sch 1.10; 2024 (595), Sch 1\\[2\\].","sortOrder":106},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":133},{"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/canada-bay-local-environmental-plan-2013) 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 where both of the following criteria are met—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil,\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":134},{"sectionNumber":"Part 7","sectionType":"part","heading":"Rhodes Precinct","content":"# Part 7 Rhodes Precinct\n\nPart 7 Rhodes Precinct\n\n**pt 7:** Ins 2021 (644), Sch 1\\[11\\].","sortOrder":151},{"sectionNumber":"7","sectionType":"section","heading":"Objectives of Part","content":"#### 7 Objectives of Part\n\n7.1 Objectives of Part\n\n> The objectives of this Part are as follows—\n> \n> > (a) to achieve the highest standard of architectural and urban design in the Rhodes Precinct by ensuring that new development exhibits design excellence, including excellence in sustainably managing the environmental impact of the development on existing and future populations,\n> \n> > (b) to allow for a mix of land uses that will—\n> > \n> > > (i) provide an appropriate balance between residential, retail, commercial and other land uses within the Rhodes Precinct, and\n> > \n> > > (ii) encourage the provision of a range of services and facilities to help meet the needs of the population and users of the Rhodes Precinct, and\n> > \n> > > (iii) generate employment in the Rhodes Precinct, and\n> > \n> > > (iv) establish a significant new people-oriented public domain and foreshore area and other vibrant public plazas and public spaces,\n> \n> > (c) to support growth in the Rhodes Precinct by ensuring the provision of appropriate infrastructure that is sensitive to environmental impacts.\n> \n> **cl 7.1:** Ins 2021 (644), Sch 1\\[11\\].","sortOrder":152},{"sectionNumber":"Part 8","sectionType":"part","heading":"Burwood-Concord, Homebush North and Kings Bay Precincts","content":"# Part 8 Burwood-Concord, Homebush North and Kings Bay Precincts\n\nPart 8 Burwood-Concord, Homebush North and Kings Bay Precincts\n\n**pt 8:** Ins 2022 (842), Sch 1\\[7\\].","sortOrder":174},{"sectionNumber":"8","sectionType":"section","heading":"Application of Part","content":"#### 8 Application of Part\n\n8.1 Application of Part\n\n> > (1) This Part applies to land identified as “Burwood-Concord Precinct”, “Homebush North Precinct” or “Kings Bay Precinct” on the [Key Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) A reference in this Part to a numbered Area is a reference to the Area with that number on the [Key Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> **cl 8.1:** Ins 2022 (842), Sch 1\\[7\\].","sortOrder":175},{"sectionNumber":"Part 9","sectionType":"part","heading":"Homebush Transport Oriented Development Precinct","content":"# Part 9 Homebush Transport Oriented Development Precinct\n\nPart 9 Homebush Transport Oriented Development Precinct\n\n**pt 9:** Ins 2024 (595), Sch 1\\[6\\].","sortOrder":187},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General\n\n**pt 9, div 1:** Ins 2024 (595), Sch 1\\[6\\].","sortOrder":188},{"sectionNumber":"9","sectionType":"section","heading":"Definitions","content":"#### 9 Definitions\n\n9.1 Definitions\n\n> In this part—\n> \n> Homebush TOD Precinct means the land to which this part applies.\n> \n> Homebush Transport Oriented Development Precinct Design Guide means the Homebush Transport Oriented Development Precinct Design Guide published by the Department in November 2024.\n> \n> **cl 9.1:** Ins 2024 (595), Sch 1\\[6\\].","sortOrder":189},{"sectionNumber":"Division 2","sectionType":"division","heading":"Incentive floor space and building height for key sites","content":"## Division 2 Incentive floor space and building height for key sites\n\nDivision 2 Incentive floor space and building height for key sites\n\n**pt 9, div 2:** Ins 2024 (595), Sch 1\\[6\\].","sortOrder":194},{"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 2013 (461), cl 4; 2014 (73), cl 4; 2014 (298), Sch 1 \\[7\\]; 2015 (124), cl 5; 2016 (246), cl 4; 2017 (493), Sch 1.2 \\[1\\] \\[2\\]; 2018 (205), cl 4; 2018 (531), Sch 1 \\[5\\] \\[6\\]; 2021 (89), Sch \\[9\\]–\\[20\\]; 2022 (78), cl 4; 2022 (829), Sch 1.3\\[7\\]; 2022 (842), Sch 1\\[8\\] \\[9\\]; 2023 (134), Sch 1\\[4\\]; 2023 (306), Sch 1\\[4\\]; 2023 (433), Sch 1\\[3\\]–\\[31\\]; 2025 (478), Sch 1\\[2\\].","sortOrder":199},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 380 Victoria Place, Drummoyne","content":"#### 10 Use of certain land at 380 Victoria Place, Drummoyne\n\n10 Use of certain land at 380 Victoria Place, Drummoyne\n\n> > (1) This clause applies to land at 380 Victoria Place, Drummoyne, being Lot 1, DP 430123, Lot B, DP 401843 and Lot 1, DP 549352, identified as “APU 10” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of marinas is permitted with development consent.","sortOrder":209},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 13 Bevin Avenue, Five Dock","content":"#### 11 Use of certain land at 13 Bevin Avenue, Five Dock\n\n11 Use of certain land at 13 Bevin Avenue, Five Dock\n\n> > (1) This clause applies to land at 13 Bevin Avenue, Five Dock, being Lot 1, DP 1204491, identified as “APU 11” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the following purposes is permitted with development consent if the use is associated with the adjacent Canada Bay Club—\n> > \n> > > (a) car parks,\n> > \n> > > (b) serviced apartments.","sortOrder":210},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Bevin Avenue, Five Dock","content":"#### 12 Use of certain land at Bevin Avenue, Five Dock\n\n12 Use of certain land at Bevin Avenue, Five Dock\n\n> > (1) This clause applies to land at Bevin Avenue, Five Dock, being Lot 1, DP 1136926, Lot 4, DP 536187 and Lot 2, DP 527649, identified as “APU 12” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of a registered club is permitted with development consent.","sortOrder":211},{"sectionNumber":"12A","sectionType":"section","heading":"Use of land at 8 Bevin Avenue, Five Dock","content":"#### 12A Use of land at 8 Bevin Avenue, Five Dock\n\n12A Use of land at 8 Bevin Avenue, Five Dock\n\n> > (1) This clause applies to land at 8 Bevin Avenue, Five Dock, being Lot 3, DP 527649, identified as “APU 12A” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of a car park associated with the adjacent Canada Bay Club is permitted with development consent.","sortOrder":212},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at 104 and 104A William Street, Five Dock","content":"#### 13 Use of certain land at 104 and 104A William Street, Five Dock\n\n13 Use of certain land at 104 and 104A William Street, Five Dock\n\n> > (1) This clause applies to land at 104 and 104A William Street, Five Dock, being SP 73162, SP 73163 and SP 75689, identified as “APU 13” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) commercial premises,\n> > \n> > > (b) light industries.","sortOrder":213},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at 49–51 Queens Road, Five Dock","content":"#### 14 Use of certain land at 49–51 Queens Road, Five Dock\n\n14 Use of certain land at 49–51 Queens Road, Five Dock\n\n> > (1) This clause applies to land at 49-51 Queens Road, Five Dock, being SP 83068, identified as “APU 14” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) medical centres,\n> > \n> > > (b) office premises.","sortOrder":214},{"sectionNumber":"14A","sectionType":"section","heading":null,"content":"#### 14A\n\n14A (Repealed)","sortOrder":215},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at 21–27 Regatta Road, Five Dock","content":"#### 15 Use of certain land at 21–27 Regatta Road, Five Dock\n\n15 Use of certain land at 21–27 Regatta Road, Five Dock\n\n> > (1) This clause applies to land at 21–27 Regatta Road, Five Dock, being lots 1–3, DP 1034085, identified as “APU 15” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of vehicle sales or hire premises is permitted with development consent.","sortOrder":216},{"sectionNumber":"15A","sectionType":"section","heading":null,"content":"#### 15A\n\n15A (Repealed)","sortOrder":217},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at 27–29 George Street, North Strathfield","content":"#### 16 Use of certain land at 27–29 George Street, North Strathfield\n\n16 Use of certain land at 27–29 George Street, North Strathfield\n\n> > (1) This clause applies to SP 92113, 27–29 George Street, North Strathfield, identified as “APU 16” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of commercial premises is permitted with development consent.","sortOrder":218},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at 159 Parramatta Road, North Strathfield","content":"#### 17 Use of certain land at 159 Parramatta Road, North Strathfield\n\n17 Use of certain land at 159 Parramatta Road, North Strathfield\n\n> > (1) This clause applies to land at 159 Parramatta Road, North Strathfield, being Lot 27, DP 719909, identified as “APU 17” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of advertising structures is permitted with development consent.","sortOrder":219},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at 211 Parramatta Road, North Strathfield","content":"#### 18 Use of certain land at 211 Parramatta Road, North Strathfield\n\n18 Use of certain land at 211 Parramatta Road, North Strathfield\n\n> > (1) This clause applies to land at 211 Parramatta Road, North Strathfield, being Lots 1 and 2, DP 1023863, identified as “APU 18” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of an advertising structure is permitted with development consent.","sortOrder":220},{"sectionNumber":"19","sectionType":"section","heading":"Use of land in Zone R4","content":"#### 19 Use of land in Zone R4\n\n19 Use of land in Zone R4\n\n> > (1) This clause applies to land identified as “APU 19” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purpose of commercial premises is permitted with development consent on the ground floor of residential flat buildings.","sortOrder":221},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at 355–359 Lyons Road, Five Dock","content":"#### 20 Use of certain land at 355–359 Lyons Road, Five Dock\n\n20 Use of certain land at 355–359 Lyons Road, Five Dock\n\n> > (1) This clause applies to land at 355–359 Lyons Road, Five Dock, being Lots 40 and 41, DP 9978 and Lot 1, DP 319424, identified as “APU 20” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent.","sortOrder":222},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land at Units 1 and 2, 2 Bechert Road, Chiswick","content":"#### 21 Use of certain land at Units 1 and 2, 2 Bechert Road, Chiswick\n\n21 Use of certain land at Units 1 and 2, 2 Bechert Road, Chiswick\n\n> > (1) This clause applies to Lots 1 and 2, SP 69974, Units 1 and 2, 2 Bechert Road, Chiswick, identified as “APU 21” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of business premises is permitted with development consent on Lots 1 and 2, SP 69974.\n> \n> > (3) However, Lot 2, SP 69974 must only be used for storage ancillary to the business premises on Lot 1, SP 69974.","sortOrder":223},{"sectionNumber":"22","sectionType":"section","heading":"Use of certain land at Kings Bay Precinct","content":"#### 22 Use of certain land at Kings Bay Precinct\n\n22 Use of certain land at Kings Bay Precinct\n\n> > (1) This clause applies to land identified as “APU 22” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of commercial premises and light industries is permitted with development consent on the ground floor of a residential flat building.","sortOrder":224},{"sectionNumber":"23","sectionType":"section","heading":"Use of certain land at 28–30 and 32–40 Burton Street, Concord","content":"#### 23 Use of certain land at 28–30 and 32–40 Burton Street, Concord\n\n23 Use of certain land at 28–30 and 32–40 Burton Street, Concord\n\n> > (1) This clause applies to the part of Lots 1–4, DP 10928, 28–30 and 32–40 Burton Street, Concord that fronts Burwood Road or Neichs Lane, identified as “APU 23” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of commercial premises is permitted with development consent on the ground floor of a residential flat building.","sortOrder":225},{"sectionNumber":"24","sectionType":"section","heading":"Use of certain land at 7 and 15–17 Regatta Road, Five Dock","content":"#### 24 Use of certain land at 7 and 15–17 Regatta Road, Five Dock\n\n24 Use of certain land at 7 and 15–17 Regatta Road, Five Dock\n\n> > (1) This clause applies to the following land at Five Dock, identified as “APU 24” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013)—\n> > \n> > > (a) Lot 1, DP 172956, 7 Regatta Road,\n> > \n> > > (b) Lots 12 and 13, DP 826063, 15–17 Regatta Road.\n> \n> > (2) Development for the purposes of depots is permitted with development consent.","sortOrder":226},{"sectionNumber":"25","sectionType":"section","heading":"Use of certain land at 1 and 7 Ramsay Road and 5 and 7 Harrabrook Road, Five Dock","content":"#### 25 Use of certain land at 1 and 7 Ramsay Road and 5 and 7 Harrabrook Road, Five Dock\n\n25 Use of certain land at 1 and 7 Ramsay Road and 5 and 7 Harrabrook Road, Five Dock\n\n> > (1) This clause applies to the following land in Five Dock, identified as “APU 25” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013)—\n> > \n> > > (a) Lots A, B and D, DP 415618, Lot 5, DP 310522 and Lot 1, DP 241337, 1 and 7 Ramsay Road,\n> > \n> > > (b) part of Lots 1 and 2, DP 310522, 5 and 7 Harrabrook Avenue.\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent.","sortOrder":227},{"sectionNumber":"26","sectionType":"section","heading":"Use of certain land at 2 and 2C Cavell Avenue and 57–61 Blaxland Road, Rhodes","content":"#### 26 Use of certain land at 2 and 2C Cavell Avenue and 57–61 Blaxland Road, Rhodes\n\n26 Use of certain land at 2 and 2C Cavell Avenue and 57–61 Blaxland Road, Rhodes\n\n> > (1) This clause applies to the following land at Rhodes, identified as “APU 26” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013)—\n> > \n> > > (a) Lots 45–47, DP 5923, 2 and 2C Cavell Avenue,\n> > \n> > > (b) Lots 23–25, DP 5923, 57–61 Blaxland Road.\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) health services facilities,\n> > \n> > > (b) office premises.","sortOrder":228},{"sectionNumber":"27","sectionType":"section","heading":"Use of certain land at Leeds Street, Rhodes","content":"#### 27 Use of certain land at Leeds Street, Rhodes\n\n27 Use of certain land at Leeds Street, Rhodes\n\n> > (1) This clause applies to land identified as “APU 27” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent.","sortOrder":229},{"sectionNumber":"28","sectionType":"section","heading":"Use of certain land in Zone R1 on Tennyson Road and Edwin Street, Mortlake","content":"#### 28 Use of certain land in Zone R1 on Tennyson Road and Edwin Street, Mortlake\n\n28 Use of certain land in Zone R1 on Tennyson Road and Edwin Street, Mortlake\n\n> > (1) This clause applies to land identified as “APU 28” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the purposes of recreation facilities (indoor) is permitted with development consent.","sortOrder":230},{"sectionNumber":"29","sectionType":"section","heading":"Use of certain land at 160 Burwood Road, Concord","content":"#### 29 Use of certain land at 160 Burwood Road, Concord\n\n29 Use of certain land at 160 Burwood Road, Concord\n\n> > (1) This clause applies to land identified as “Former Bushells Factory Additional Permitted Uses Area” on the [Key Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) office premises,\n> > \n> > > (b) restaurants or cafes,\n> > \n> > > (c) shops.","sortOrder":231},{"sectionNumber":"30","sectionType":"section","heading":"Use of certain land at 1 King Street, Concord West","content":"#### 30 Use of certain land at 1 King Street, Concord West\n\n30 Use of certain land at 1 King Street, Concord West\n\n> > (1) This clause applies to Lot 101, DP 791908, 1 King Street, Concord West, identified as “APU 29” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/canada-bay-local-environmental-plan-2013).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) food and drink premises,\n> > \n> > > (b) medical centres,\n> > \n> > > (c) recreation facilities (indoor),\n> > \n> > > (d) shops.","sortOrder":232},{"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 2019 (621), Sch 2.7; 2021 (89), Sch 1\\[21\\] \\[22\\].","sortOrder":233},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Development on footpath (associated with commercial premises or industrial retail outlet)","content":"#### sch.2-sec Development on footpath (associated with commercial premises or industrial retail outlet)\n\nDevelopment on footpath (associated with commercial premises or industrial retail outlet)\n\n> > (1) Must have an approval or be authorised to use the footpath under Part 9 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or, if on public land, under Division 2 of Part 2 of Chapter 6 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Note.\n> > \n> > Part 5 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) may also apply.\n> \n> > (2) Must be associated with an adjacent or nearby commercial premises (not including food and drink premises) or industrial retail outlet for which development consent has been granted.","sortOrder":234},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Outdoor dining (associated with food and drink premises)","content":"#### sch.2-sec-oc.2 Outdoor dining (associated with food and drink premises)\n\nOutdoor dining (associated with food and drink premises)\n\n> > (1) Must have an approval or be authorised to use the footpath under Part 9 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or if on public land, under Division 2 of Part 2 of Chapter 6 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Note.\n> > \n> > Part 5 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) may also apply.\n> \n> > (2) Must be associated with an adjacent food and drink premises for which development consent has been granted.","sortOrder":235},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Signage—bus shelter advertising","content":"#### sch.2-sec-oc.3 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) Only 1 advertising panel per bus shelter that may comprise an advertisement on 2 sides.\n> \n> > (3) Must not contain flashing or neon signage.","sortOrder":236},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Signage—business identification signs","content":"#### sch.2-sec-oc.4 Signage—business identification signs\n\nSignage—business identification signs\n\n> > (1) In residential zones—\n> > \n> > > (a) maximum area—0.75m2, and\n> > \n> > > (b) must only identify the approved use of the premises to which the sign is affixed and not promote products, and\n> > \n> > > (c) must not be illuminated or exhibit changing light and colour effects, and\n> > \n> > > (d) must not be erected on a heritage item or land within the curtilage of a heritage item.\n> \n> > (2) (Repealed)","sortOrder":237},{"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":238},{"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":241},{"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)","sortOrder":242},{"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 2018 (177), cl 5; 2018 (531), Sch 1 \\[7\\]; 2021 (89), Sch 1\\[23\\]–\\[27\\]; 2022 (512), Sch 1\\[9\\]–\\[14\\]; 2023 (306), Sch 1\\[5\\]; 2024 (300), Sch 1; 2024 (595), Sch 1\\[7\\].","sortOrder":246},{"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":249}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":792},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially beyond its original 2013 scope. Major expansions include: the Rhodes Precinct (Part 7, inserted 2021) with design excellence, overshadowing controls, and affordable housing requirements; the Burwood-Concord, Homebush North and Kings Bay Precincts (Part 8, inserted 2022) with incentive floor space ratios and detailed infrastructure requirements; and the Homebush Transport Oriented Development Precinct (Part 9, inserted 2024) with its own design guide and affordable housing scheme. These precinct-specific regimes layer complex additional controls on top of the base zoning framework."},"complexity_factors":["Multiple overlapping precinct-specific regimes (Rhodes, Burwood-Concord/Homebush North/Kings Bay, Homebush TOD) with unique development standards","Extensive cross-referencing to maps (Height of Buildings, Floor Space Ratio, Land Zoning, Heritage, Environmentally Sensitive Land, Affordable Housing Contribution Scheme, etc.) that are external to the text","Nested exceptions and conditional provisions — for example, clause 4.4 contains 7 separate exception subclauses (2A–2G) for floor space ratios with site area thresholds and discretionary consent authority satisfaction tests","Detailed affordable housing contribution calculations with varying percentages (3.5%–10%) and base floor space ratio thresholds across different contribution areas","Design excellence and competitive design process requirements triggered by building height/storey thresholds with alternative pathways via design review panels","Heritage provisions requiring multiple layers of assessment (heritage management documents, conservation management plans, Aboriginal community consultation)","Savings provisions and transitional arrangements spanning multiple amendment instruments (2018, 2019, 2022, 2023, 2024)","Schedule 5 contains 500+ individually listed heritage items with specific property descriptions and significance classifications","Aquaculture provisions with zone-specific purpose restrictions and extensive operational requirements in Schedule 6","Active street frontage requirements with defined permissible ground floor uses and explicit exclusions"],"plain_english_summary":"This is the **Canada Bay Local Environmental Plan 2013**, a planning rulebook that controls what can be built and how land can be used across the Canada Bay area in Sydney's inner west.\n\n**What it does:**\n- **Zones land** into categories like residential (R1–R4), employment (E1–E4), mixed use (MU1), recreation (RE1–RE2), and conservation (C2). Each zone lists what developments are allowed, need approval, or are banned.\n- **Sets development standards** including minimum lot sizes, maximum building heights, and floor space ratios (how much building you can put on a site).\n- **Protects heritage** by requiring approval to alter or demolish heritage-listed buildings and areas.\n- **Manages environmental risks** including flooding, acid sulfate soils, and environmentally sensitive land.\n- **Creates special precincts** with extra rules for Rhodes, Burwood-Concord/Homebush North/Kings Bay, and the new Homebush Transport Oriented Development (TOD) Precinct — including design excellence requirements, affordable housing contributions, and limits on overshadowing public parks.\n\n**Who it affects:**\n- Property owners, developers, and builders seeking to develop land in Canada Bay.\n- The local council (City of Canada Bay), which assesses most development applications.\n- Residents affected by neighbouring development, heritage protection, and infrastructure changes.\n\n**Why it matters:**\nIt shapes how the area grows — balancing housing, jobs, transport, open space, and environmental protection while preserving neighbourhood character and heritage. Recent amendments have added significant complexity around affordable housing levies, design competitions for tall buildings, and detailed precinct-specific controls."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core purpose — governing land use in Canada Bay — has not changed, the scope has materially evolved through 70+ amendments over 12 years. This strongly suggests the plan now covers different land uses, altered height and density controls, and updated zoning boundaries compared to the original 2013 version, likely driven by major urban renewal projects (particularly around Rhodes Peninsula and Homebush Bay) and successive NSW Government housing policy reforms."},"complexity_factors":["Over 70 amendments since 2013, meaning the current rules may differ substantially from the original version and require careful version-checking","Standard instrument LEP format incorporates multiple layers of NSW State planning policy by reference, requiring understanding of the broader planning framework","Applies across a geographically diverse local government area with varied land uses — residential, industrial, waterfront, urban renewal precincts — each with different rules","Interacts with the Environmental Planning and Assessment Act 1979 and potentially dozens of State Environmental Planning Policies (SEPPs), creating a layered regulatory environment","Frequent amendments (some just days apart) create risk of relying on an outdated version when making property decisions","Land use tables defining permitted/prohibited uses involve technical planning categories that require interpretation","Heritage, flood, biodiversity and other overlay maps add further layers of site-specific complexity beyond the base zoning"],"plain_english_summary":"The Canada Bay Local Environmental Plan 2013 is the legal zoning rulebook for land use across Canada Bay (Drummoyne, Five Dock, Concord, Rhodes, Homebush Bay). It determines what can be built, how big, which activities are allowed, and which heritage or environmental areas must be protected.\n\nIt affects homeowners, renters, developers and neighbours — and has been amended 70+ times since 2013, so the rules have been changing frequently."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument has expanded well beyond a simple local zoning code into a granular, precinct‑based regulatory framework. Originally framed to provide local land use controls and protect heritage and foreshore (clause 1.2), the Plan now includes detailed incentive schemes (extra FSR/height in mapped Areas), multiple precinct management parts (Rhodes, Burwood‑Concord, Homebush TOD), affordable housing contribution regimes, narrowly defined pedestrian link and public open space delivery requirements, and bespoke site‑level permitted uses. Those additions shift the Plan from basic zoning towards an active instrument that trades development capacity for public benefits and infrastructure on named sites (see Parts 7–9 and clauses 6.12, 7.15, 8.3, 9.7). The growth is concrete: many new mapped Areas with minimum site areas, explicit open space/street link obligations and contribution formulas were inserted after the Plan’s initial structure, increasing regulatory detail, administrative discretion and project‑specific obligations."},"complexity_factors":["Extensive length: multiple Parts (1–9), Schedules (1–6) and long Heritage Schedule (Schedule 5 contains hundreds of items).","High number of maps referenced (zoning, land application, height of buildings, floor space ratio, foreshore building line, Environmentally Sensitive Land, Active Street Frontages, Key Sites, Affordable Housing Contribution Scheme, Incentive FSR/Height maps, etc.) — cross‑references throughout (see clause 1.7 and many clauses referencing maps).","Many site/area‑specific rules: dozens of numbered Areas across Parts 7–9 and Areas 1–66 in Part 9; incentive thresholds and bespoke minimum site area, open space and pedestrian link requirements (clauses 7.*, 8.*, 9.*).","Numerous conditional incentives and exceptions: layered FSR/height tables with size bands (clause 4.4(2C),(2D)), precinct incentives (Parts 7–9) and BASIX‑linked extra FSR (clauses 7.11; 8.9; 9.9).","Multiple cross‑statutory references to SEPPs, Building Code/BASIX, Fisheries, Heritage/National Parks, Crown land and Local Government Acts (e.g. clauses 1.9; 3.1; 5.1; 5.10; 6.1).","Discretionary tests and qualitative standards (frequent “consent authority must be satisfied” and “design excellence” tests across many clauses such as 4.6, 6.14, 7.2, 9.4).","Administrative and legal mechanics: saving provisions for pending DAs (1.8A), suspension of covenants (1.9A), covenant registration to prevent FSR double‑dipping (4.5(9)), and public land classification rules (5.2 and Schedule 4).","Multiple development pathways: exempt development, complying development, development with consent; specific exclusions for environmentally sensitive areas (clause 3.3) create branching compliance checks.","Site‑specific quantitative constraints on parking, non‑residential floor space and dwelling mix (clauses 7.8; 7.4; 6.11) add detailed numeric controls to qualitative planning tests."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It is a local environmental plan (LEP) that sets the legal land‑use rules for the Canada Bay local government area: zoning, which activities are allowed or prohibited in each zone, development consent requirements, and development standards such as building height, floor space ratio (FSR) and minimum lot sizes (see clauses 2.1–2.3; 4.3; 4.4; 4.1).\n- It makes extensive site‑specific and precinct rules by reference to a suite of maps (zoning, height, FSR, heritage, foreshore, active street frontages, key sites, etc.) and Schedules that are part of the Plan. Many provisions are implemented only for particular mapped “Areas” or sites (for example Parts 7–9 and Schedules 1–6). The Plan therefore combines broad zone rules with fine‑grain, site‑level controls (see clause 1.7; Parts 7–9; Schedules 1–6).\n- It identifies which development can be carried out without consent (exempt development), what may be approved as complying development, and what always requires development consent (clause 3.1–3.3). It also preserves pending development applications made before amendments (savings clause 1.8A).\n- It creates rules for public land classification and acquisition, including who the State authority is to acquire certain lands and limits on what may be done to land that is intended to be acquired (clauses 5.1–5.1A; Schedule 4).\n\n**Who the rules bind and who decides**\n\n- The rules bind landowners and prospective developers in Canada Bay and any person seeking to carry out development on mapped land in the LEP area. They also bind the Council when exercising planning powers under this instrument.\n- The local Council is the consent authority in most cases (clause 1.6), although State environmental planning policies (SEPPs) and State agencies can override or apply in specified ways (clause 1.9). The consent authority has many discretionary satisfaction tests (for example in clauses 4.6, 6.14, 7.2, 9.4).\n\n**Why it matters (official aims and practical implications)**\n\n- Officially the Plan aims to provide a local land‑use framework consistent with the Council’s strategic statement and to protect heritage, open space and the foreshore while enabling housing, employment, cultural activity and sustainable transport (clause 1.2).\n- Practically, it matters because it determines the economic opportunities and constraints on land in Canada Bay: whether a use is permitted (and on what floors), how much building can be carried out (FSR and height), whether a project must provide public benefits (open space, pedestrian links, community floor space), and whether developers must offer affordable housing or pay a contribution (clauses 4.4; 7.4; 8.5; 6.12; 9.5).\n\n**How the key mechanisms operate and the trade‑offs they create**\n\n- Zoning plus the Land Use Table: sets permitted, consent and prohibited uses in each zone and so directly controls the range of commercial, industrial and residential activities (clauses 2.2–2.3 and Part 2 Land Use Table).\n  - Who pays / who decides: developers pay to meet standards and obtain consent; the Council decides whether the project meets zone objectives.\n  - Behaviour change: restricts some businesses from locating in particular zones and channels others to ground floors (active street frontage rules clause 6.5).\n\n- Development standards (height, FSR, lot size) and exceptions/incentives: the Plan fixes maximum heights and FSRs on maps (clause 4.3; 4.4) but provides exceptions and incentive pathways in specified precincts and Areas where extra height/FSR is allowed if public benefits are delivered (e.g. public open space, community facilities, provision of recycled water infrastructure or BASIX performance improvements) (clauses 4.6; 7.15; 8.3–8.9; 9.7).\n  - Cost/incentive structure: developers can gain extra floor area/height but typically must provide public infrastructure or contributions; this transfers value from private floor area to public goods (clauses 7.15; 8.5; 9.9; 6.12; 9.5).\n  - Trade‑offs/opportunity costs: extra development capacity is conditional on delivering non‑commercial returns (open space, pedestrian links, affordable housing). This lowers the private return per square metre but may increase total project value via larger permitted building envelopes.\n\n- Design excellence and review: for taller or precinct‑defining projects the consent authority must be satisfied development exhibits “design excellence”; competitive design processes or independent design review panels are required for significant buildings (clauses 6.14; 7.2; 9.4).\n  - Implementation risk/compliance burden: developers face extra time, cost and uncertainty from design competitions, panel reviews and qualitative assessments of “design excellence.” Consent authority discretion is high.\n\n- Affordable housing and levies: the Plan allows the Council to impose affordable housing contributions in mapped contribution areas and in the Homebush TOD precinct (clauses 6.12; 9.5). Contributions can be land dedication (dwellings) or monetary payment calculated under a Council scheme.\n  - Who pays: developers of qualifying projects pay either by dedicating dwellings or by monetary payment. The Council collects and must use the monies/rent to maintain affordable housing in the precinct (clause 9.5(1)(d)).\n  - Effects on private choice: increases project costs and reduces available commercial/residential floor area unless developers factor contributions into prices or design.\n\n- Heritage and environmental constraints: the Plan lists many heritage items and conservation areas (Schedule 5) and requires consent for demolition, alteration or works affecting heritage or Aboriginal places (clause 5.10). It includes environmental controls for foreshore areas, acid sulfate soils, public bushland, flood planning and environmentally sensitive land (clauses 6.1; 6.3; 6.4; 5.21; 5.22; 5.23).\n  - Compliance burden and uncertainty: heritage and environmental approvals require studies (heritage management documents, flood assessments, acid sulfate soils management plans) and notifications to external bodies; these can add time and cost.\n\n- Site‑specific land uses and mapped infrastructure obligations: the Plan contains many site‑specific “Additional Permitted Uses” and precise infrastructure, pedestrian link and public open space requirements for Areas across precincts (Schedule 1; Parts 7–9; clauses 8.5–8.8; 9.9). Some Areas have minimum non‑residential floor space or maximum parking controls (clauses 7.4; 7.8; 8.11; 9.9).\n  - Incentives and substitution: mapped incentives concentrate development in designated key sites; other sites remain capacity‑constrained.\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits: owners or developers of mapped key sites may gain additional height/FSR and explicit development pathways in exchange for providing infrastructure or public benefits (clauses 7.15; 8.3; 9.7). Those particular landowners therefore stand to capture higher value if they meet conditions.\n- Diffuse costs: the wider community and smaller developers bear higher compliance, design review and contribution costs and competition effects (e.g. if parking limits or ground‑floor use rules affect retail viability). Affordable housing contributions and obligations to deliver public open space reallocate part of development value from private to public uses.\n\n**Discretion and implementation risks**\n\n- The Plan relies heavily on Council satisfaction tests (“must be satisfied” and “having regard to” tests) and on maps and design guidance that can be amended over time; that creates discretion and uncertainty for applicants (see clauses 4.6, 6.14, 7.2, 9.3–9.4).\n- Practical implementation depends on up‑to‑date maps and the Affordable Housing Contributions Scheme adopted by Council (clauses 1.7; 6.12). Enforcement also requires registration of covenants to prevent ‘double‑dipping’ in FSR calculations (clause 4.5(9)).\n\n**Key statutory references to check for a proposal**\n\n- Who is the consent authority: clause 1.6.\n- Zone rules and the Land Use Table: clause 2.3 and Part 2 Land Use Table.\n- Height, FSR and lot size controls: clauses 4.1, 4.3, 4.4 and maps cited in clause 1.7.\n- Exceptions and incentives: clause 4.6 and precinct Parts 7–9 (Rhodes, Burwood‑Concord, Homebush TOD).\n- Heritage and environmental constraints and processes: clauses 5.10; 6.1–6.4; 5.21–5.23; Schedule 5.\n- Affordable housing levy rules and contribution mechanics: clause 6.12 and Homebush TOD clause 9.5.\n\n**Bottom line (practical takeaways)**\n\n- This LEP sets a complex blend of baseline zone rules and detailed, mapped site‑specific incentives and obligations. If you are a landowner, developer or adviser you must read both the zone provisions and any site/Area‑specific clauses and maps that apply: some parcels have bespoke permissions, minimum public open space obligations and constraints (Schedules and Parts 7–9).\n- Expect discretionary design review, possible affordable housing or public‑space obligations for projects that seek to use incentive FSR/height, and additional studies/plans for heritage, flood, soils or environmental constraints.\n"}},"importantCases":[],"_links":{"self":"/api/acts/canada-bay-local-environmental-plan-2013","history":"/api/acts/canada-bay-local-environmental-plan-2013/history","analysis":"/api/acts/canada-bay-local-environmental-plan-2013/analysis","conflicts":"/api/acts/canada-bay-local-environmental-plan-2013/conflicts","importantCases":"/api/acts/canada-bay-local-environmental-plan-2013/important-cases","documents":"/api/acts/canada-bay-local-environmental-plan-2013/documents"}}