{"id":"nsw:epi-2021-0651","name":"Cumberland Local Environmental Plan 2021","slug":"cumberland-local-environmental-plan-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"651 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181101,"registerId":"nsw-nsw:epi-2021-0651-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 [Cumberland Local Environmental Plan 2021](/view/html/inforce/current/epi-2021-0651).","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> > 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> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> \n> **cl 2.1:** Am 2022 (831), Sch 1.9\\[1\\] (am 2023 (82), Sch 1.5\\[4\\]).","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 (314), Sch 1; 2022 (831), Sch 1.9\\[2\\] (am 2023 (82), Sch 1.5\\[5\\]–\\[7\\]).\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 RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation\n\nZone W1 Natural Waterways","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Early education and care facilities; Educational establishments; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Hospitals; Hostels; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Seniors housing; Semi-detached dwellings; Tank-based aquaculture; Water recycling facilities","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":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":102},{"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/cumberland-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 “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 R2 Low Density Residential and marked “Local road widening” | Council |\n> > | Zone R4 High Density Residential and marked “Local road” | Council |\n> > | Zone E1 Local Centre and marked “Local road widening” | Council |\n> > | Zone E1 Local Centre and marked “Local road widening” | Council |\n> > | Zone E3 Productivity Support and marked “Local road” | Council |\n> > | Zone SP2 Infrastructure and marked “Local road” | Council |\n> > | Zone SP2 Infrastructure and marked “Drainage” | Council |\n> > | Zone C2 Environmental Conservation and marked “Local environmental conservation” | 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 (831), Sch 1.9\\[3\\]–\\[6\\].","sortOrder":103},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":130},{"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/cumberland-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—\n> > \n> > > (a) prepared for the works in accordance with the Acid Sulfate Soils Manual, and\n> > \n> > > (b) provided to the consent authority.\n> \n> > (4) Development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the 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\n> > \n> > > (c) the consent authority has confirmed the assessment by written notice to the person proposing to carry out the works.\n> \n> > (5) Development consent is not required under this clause for the carrying out 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 that involves the repair or replacement of the works of the public authority required to be carried out urgently because the works—\n> > > \n> > > > (i) have been damaged, or\n> > > \n> > > > (ii) have ceased to function, or\n> > > \n> > > > (iii) pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work that involves 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 that costs less than $20,000, other than drainage work.\n> \n> > (6) Development consent is not required under this clause to carry out works that—\n> > \n> > > (a) involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) are not likely to lower the watertable.","sortOrder":131},{"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 2021 (680), cl 5; 2021 (782), cl 5; 2022 (107), Sch 1; 2022 (831), Sch 1.9\\[3\\] \\[14\\]–\\[16\\]; 2024 (155), Sch 1; 2025 (40), Sch 1.","sortOrder":152},{"sectionNumber":"7","sectionType":"section","heading":"Use of certain land at 615 Great Western Highway, Greystanes","content":"#### 7 Use of certain land at 615 Great Western Highway, Greystanes\n\n7 Use of certain land at 615 Great Western Highway, Greystanes\n\n> > (1) This clause applies to Lots 44 and 45, DP 833604, Lot 6, DP 802794 and Lot 5, DP 794341, 615 Great Western Highway, Greystanes, shown as “7” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) animal boarding or training establishments,\n> > \n> > > (b) function centres,\n> > \n> > > (c) highway service centres,\n> > \n> > > (d) hotel or motel accommodation,\n> > \n> > > (e) medical centres,\n> > \n> > > (f) (Repealed)\n> > \n> > > (g) veterinary hospitals.","sortOrder":159},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 11 Byron Road, Guildford","content":"#### 8 Use of certain land at 11 Byron Road, Guildford\n\n8 Use of certain land at 11 Byron Road, Guildford\n\n> > (1) This clause applies to Lot 1, DP 169485, 11 Byron Road, Guildford, known as “Linnwood”, shown as “8” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) food and drink premises,\n> > \n> > > (b) information and education facilities,\n> > \n> > > (c) office premises.","sortOrder":160},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 150 Rawson Road, Guildford","content":"#### 9 Use of certain land at 150 Rawson Road, Guildford\n\n9 Use of certain land at 150 Rawson Road, Guildford\n\n> > (1) This clause applies to Lot 6, DP 18288 and Lot 1, DP 23249, 150 Rawson Road, Guildford, shown as “9” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) a bottle shop, but only if the gross floor area of the bottle shop does not exceed 1,350 square metres,\n> > \n> > > (b) hotel or motel accommodation.\n> \n> > (3) In this clause—\n> > \n> > bottle shop means retail premises, being licensed premises under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), the principal purpose of which is the retail sale of liquor in sealed containers for consumption away from the premises.","sortOrder":161},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 332 Woodville Road, Guildford","content":"#### 10 Use of certain land at 332 Woodville Road, Guildford\n\n10 Use of certain land at 332 Woodville Road, Guildford\n\n> > (1) This clause applies to Lot B, DP 366981, 332 Woodville Road, Guildford, shown as “10” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of restaurants or cafes is permitted with development consent.","sortOrder":162},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land known as “Holroyd Gardens” at Holroyd","content":"#### 11 Use of certain land known as “Holroyd Gardens” at Holroyd\n\n11 Use of certain land known as “Holroyd Gardens” at Holroyd\n\n> > (1) This clause applies to the following land at Holroyd known as “Holroyd Gardens”, shown as “11” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021)—\n> > \n> > > (a) Lot 3, DP 600621,\n> > \n> > > (b) part of Lot 1001, DP 1037793,\n> > \n> > > (c) Lot 316, DP 1087645,\n> > \n> > > (d) Lot 414, DP 1087853,\n> > \n> > > (e) Lot 2052, DP 1135275.\n> \n> > (2) Development for the purposes of food and drink premises and function centres is permitted with development consent.","sortOrder":163},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at 32 Walpole Street, Holroyd","content":"#### 12 Use of certain land at 32 Walpole Street, Holroyd\n\n12 Use of certain land at 32 Walpole Street, Holroyd\n\n> > (1) This clause applies to part of Lot 1001, DP 1037793, 32 Walpole Street, corner Pitt Street, Holroyd, shown as “12” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) business premises,\n> > \n> > > (b) food and drink premises,\n> > \n> > > (c) function centres,\n> > \n> > > (d) office premises.","sortOrder":164},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at 2 Bachell Avenue, Lidcombe","content":"#### 13 Use of certain land at 2 Bachell Avenue, Lidcombe\n\n13 Use of certain land at 2 Bachell Avenue, Lidcombe\n\n> > (1) This clause applies to Lot 2, DP 219413, 2 Bachell Avenue, Lidcombe, shown as “13” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) business premises,\n> > \n> > > (b) office premises.\n> \n> > (3) Development consent must not be granted under this clause if it would result in more than 7,000 square metres of gross floor area of all buildings on the land to which this clause applies being used for the purposes specified in subclause (2).","sortOrder":165},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land known as “Central Gardens” at Merrylands Road, Merrylands","content":"#### 14 Use of certain land known as “Central Gardens” at Merrylands Road, Merrylands\n\n14 Use of certain land known as “Central Gardens” at Merrylands Road, Merrylands\n\n> > (1) This clause applies to the following land at Merrylands Road, Merrylands, known as “Central Gardens”, shown as “14” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021)—\n> > \n> > > (a) Lots 9A and 9B, DP 315747,\n> > \n> > > (b) Lot 2, DP 230342,\n> > \n> > > (c) Lot 1, DP 723964,\n> > \n> > > (d) part of Lot 8, DP 2138.\n> \n> > (2) Development for the purposes of food and drink premises and function centres is permitted with development consent.","sortOrder":166},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land known as “Merrylands Park” at 367P Merrylands Road, Merrylands","content":"#### 15 Use of certain land known as “Merrylands Park” at 367P Merrylands Road, Merrylands\n\n15 Use of certain land known as “Merrylands Park” at 367P Merrylands Road, Merrylands\n\n> > (1) This clause applies to Lot 1031, DP 900744, 367P Merrylands Road, corner Burnett Street, Merrylands, known as “Merrylands Park”, shown as “15” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of food and drink premises is permitted with development consent.","sortOrder":167},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at 348 and 350 Merrylands Road, Merrylands","content":"#### 16 Use of certain land at 348 and 350 Merrylands Road, Merrylands\n\n16 Use of certain land at 348 and 350 Merrylands Road, Merrylands\n\n> > (1) This clause applies to Lots 44 and 45, DP 628, 348 and 350 Merrylands Road, Merrylands, shown as “16” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of hardware and building supplies is permitted with development consent.","sortOrder":168},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at 459 Merrylands Road, Merrylands","content":"#### 17 Use of certain land at 459 Merrylands Road, Merrylands\n\n17 Use of certain land at 459 Merrylands Road, Merrylands\n\n> > (1) This clause applies to Lot W, DP 391056, 459 Merrylands Road, Merrylands, shown as “17” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of take away food and drink premises is permitted with development consent if the gross floor area of the take away food and drink premises does not exceed 100 square metres.","sortOrder":169},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at 528–530 Great Western Highway, Pendle Hill","content":"#### 18 Use of certain land at 528–530 Great Western Highway, Pendle Hill\n\n18 Use of certain land at 528–530 Great Western Highway, Pendle Hill\n\n> > (1) This clause applies to Lot 1, DP 659683 and Lot 1, DP 1004778, 528–530 Great Western Highway, Pendle Hill, shown as “18” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of multi dwelling housing is permitted with development consent.","sortOrder":170},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at 55 Fox Hills Crescent, Toongabbie","content":"#### 19 Use of certain land at 55 Fox Hills Crescent, Toongabbie\n\n19 Use of certain land at 55 Fox Hills Crescent, Toongabbie\n\n> > (1) This clause applies to Lot 100, DP 834672, 55 Fox Hills Crescent, Toongabbie, shown as “19” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of health services facilities is permitted with development consent.","sortOrder":171},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at Aurelia Street and Junia Avenue and Toongabbie Road, Toongabbie","content":"#### 20 Use of certain land at Aurelia Street and Junia Avenue and Toongabbie Road, Toongabbie\n\n20 Use of certain land at Aurelia Street and Junia Avenue and Toongabbie Road, Toongabbie\n\n> > (1) This clause applies to the following land at Toongabbie, shown as “20” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021)—\n> > \n> > > (a) Lots 30–35, Section C, DP 10697, 47–61 Aurelia Street,\n> > \n> > > (b) Lots 1 and 2, DP 1043958, 63–65 Aurelia Street,\n> > \n> > > (c) Lots 19–25, Section B, DP 10697, 78–90 Aurelia Street,\n> > \n> > > (d) Lots 11–13, Section C, DP 10697, 11–13 Junia Avenue,\n> > \n> > > (e) Lots 41–43, Section B, DP 10697, 23–27 Toongabbie Road.\n> \n> > (2) Development for the purposes of business premises and retail premises, excluding pubs, is permitted with development consent.","sortOrder":172},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land at 55–57 Station Street, Wentworthville","content":"#### 21 Use of certain land at 55–57 Station Street, Wentworthville\n\n21 Use of certain land at 55–57 Station Street, Wentworthville\n\n> > (1) This clause applies to Lots 1A, 2A and 3A, DP 305764, 55–57 Station Street, Wentworthville, shown as “21” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent if the consent authority is satisfied that the development—\n> > \n> > > (a) does not include a dwelling on the ground floor, and\n> > \n> > > (b) includes a gymnasium that—\n> > > \n> > > > (i) is located on the ground floor, and\n> > > \n> > > > (ii) is for use only by the occupants of the residential flat buildings, and\n> > > \n> > > > (iii) has a gross floor area that does not exceed 100 square metres.","sortOrder":173},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22 (Repealed)","sortOrder":174},{"sectionNumber":"23","sectionType":"section","heading":"Use of certain land at Yennora","content":"#### 23 Use of certain land at Yennora\n\n23 Use of certain land at Yennora\n\n> > (1) This clause applies to land at Yennora, shown as “23” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of sex services premises is permitted with development consent.","sortOrder":175},{"sectionNumber":"24","sectionType":"section","heading":"Use of certain land at Mays Hill, Merrylands, Pendle Hill and Westmead","content":"#### 24 Use of certain land at Mays Hill, Merrylands, Pendle Hill and Westmead\n\n24 Use of certain land at Mays Hill, Merrylands, Pendle Hill and Westmead\n\n> > (1) This clause applies to land in Zone E2 Commercial Centre or Zone E3 Productivity Support in Mays Hill, Merrylands, Pendle Hill and Westmead, shown as “24” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of shop top housing is permitted with development consent.","sortOrder":176},{"sectionNumber":"25","sectionType":"section","heading":"Use of certain land in the Parramatta Road Precinct","content":"#### 25 Use of certain land in the Parramatta Road Precinct\n\n25 Use of certain land in the Parramatta Road Precinct\n\n> > (1) This clause applies to land in Zone E3 Productivity Support, shown as “Parramatta Road Precinct” on the [Floor Space Ratio Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021) and shown as “25” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of entertainment facilities and registered clubs is permitted with development consent.","sortOrder":177},{"sectionNumber":"26","sectionType":"section","heading":"Use of certain land at 45 Barcom Street, Merrylands West","content":"#### 26 Use of certain land at 45 Barcom Street, Merrylands West\n\n26 Use of certain land at 45 Barcom Street, Merrylands West\n\n> > (1) This clause applies to land at 45 Barcom Street, Merrylands West, Lot 5, DP 701151, Lot 8, DP 732058 and Lot 11, DP 1075418, identified as “26” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of commercial premises is permitted with development consent.\n> \n> > (3) Development consent must not be granted under this clause to development that results in more than 1,480 square metres of the gross floor area of all buildings on the land being used for the purposes of commercial premises.","sortOrder":178},{"sectionNumber":"27","sectionType":"section","heading":"Use of certain land at 106–128 Woodpark Road, Smithfield","content":"#### 27 Use of certain land at 106–128 Woodpark Road, Smithfield\n\n27 Use of certain land at 106–128 Woodpark Road, Smithfield\n\n> > (1) This clause applies to Lots 10 and 11, DP 1007432, 106–128 Woodpark Road, Smithfield, shown as “27” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of neighbourhood supermarkets is permitted with development consent.\n> \n> > (3) Development for the purposes of office premises is permitted with development consent if the gross floor area of the office premises does not exceed 7,000 square metres.","sortOrder":179},{"sectionNumber":"28","sectionType":"section","heading":"Use of certain land at 268–280 Dunmore Street, Pendle Hill","content":"#### 28 Use of certain land at 268–280 Dunmore Street, Pendle Hill\n\n28 Use of certain land at 268–280 Dunmore Street, Pendle Hill\n\n> > (1) This clause applies to Lot A, DP 335578, 268–280 Dunmore Street, Pendle Hill, shown as “28” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of food and drink premises is permitted with development consent.","sortOrder":180},{"sectionNumber":"29","sectionType":"section","heading":"Use of land at 245–247 Great Western Highway, South Wentworthville","content":"#### 29 Use of land at 245–247 Great Western Highway, South Wentworthville\n\n29 Use of land at 245–247 Great Western Highway, South Wentworthville\n\n> > (1) This clause applies to Lot 100, DP 878926, 245–247 Great Western Highway, South Wentworthville, identified as “29” and “30” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of restaurants or cafes is permitted with development consent on the land identified as “29” if the development involves the use of the heritage item on the land.\n> \n> > (3) Development for the purposes of hotel or motel accommodation is permitted with development consent on the land identified as “30” if—\n> > \n> > > (a) the development involves no more than 76 hotel or motel accommodation units, and\n> > \n> > > (b) the gross floor area of the hotel or motel accommodation units, not including ancillary development, does not exceed 3,040m2, and\n> > \n> > > (c) the building height does not exceed 27m.\n> \n> > (4) Development consent must not be granted if the floor space ratio for all buildings on the land to which this clause applies exceeds 1:1.","sortOrder":181},{"sectionNumber":"30","sectionType":"section","heading":"Use of land at 25 South Parade, Auburn","content":"#### 30 Use of land at 25 South Parade, Auburn\n\n30 Use of land at 25 South Parade, Auburn\n\n> > (1) This clause applies to Lot 2, DP 806999, 25 South Parade, Auburn, identified as “31” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/cumberland-local-environmental-plan-2021).\n> \n> > (2) Development for the purposes of medical centres or office premises is permitted with development consent if the building height does not exceed 11m.","sortOrder":182},{"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.","sortOrder":183},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Markets","content":"#### sch.2-sec Markets\n\nMarkets\n\n> > (1) Must be carried out on land owned or managed by the Council.\n> \n> > (2) A building installed for the markets—\n> > \n> > > (a) must not exceed the lesser of a total floor area of 20% of the site area or 350 square metres, and\n> > \n> > > (b) must be structurally adequate, and\n> > \n> > > (c) must not exceed a height of 4 metres, and\n> > \n> > > (d) must be at least 3 metres from a property boundary, and\n> > \n> > > (e) must not be used for residential purposes or the storage or display of flammable or hazardous materials, and\n> > \n> > > (f) must be set up and dismantled on a day on which the market is held between 7am and 5pm.","sortOrder":184},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Security grills, screens or shutters—commercial purposes","content":"#### sch.2-sec-oc.2 Security grills, screens or shutters—commercial purposes\n\nSecurity grills, screens or shutters—commercial purposes\n\n> > (1) Must not open onto a road reserve, public footpath or other public space.\n> \n> > (2) Must not be a roller shutter or roller door.\n> \n> > (3) If installed in ground floor retail or office premises—must be transparent grills or screens.\n> \n> > (4) Must be the same colour as the window frame or door frame to which it is attached.\n> \n> > (5) If installed on land at or below the flood planning level—must be located above natural ground level.\n> \n> > (6) Must be removable or retractable.","sortOrder":185},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Temporary use of land for community events and fundraising events","content":"#### sch.2-sec-oc.3 Temporary use of land for community events and fundraising events\n\nTemporary use of land for community events and fundraising events\n\n> > (1) Must take place on land owned and managed by the Council, on land used as a school or on land used as a place of public worship.\n> \n> > (2) If conducted on land used as a school or on land used as a place of public worship—the use must not exceed 2 consecutive days.\n> \n> > (3) Maximum period of use—52 days in a period of 12 months.\n> \n> > (4) Must operate only between 8am and 10pm.","sortOrder":186},{"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":187},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Subdivision for dual occupancies","content":"#### sch.3-sec Subdivision for dual occupancies\n\nSubdivision for dual occupancies\n\n> > (1) Subdivision layout must not contravene the development consent for the dual occupancy.\n> \n> > (2) Development consent for the dual occupancy must have been issued no more than 5 years before the subdivision.\n> \n> > (3) An occupation certificate for the dual occupancy must have been issued before the subdivision.","sortOrder":189},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.2 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":191},{"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 2024 (132), Sch 1.","sortOrder":192},{"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 (295), Sch 1\\[1\\] \\[2\\]; 2024 (579), Sch 1\\[1\\] \\[2\\]; 2026 (28), Sch 1\\[1\\]–\\[8\\].","sortOrder":196},{"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":201},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":203},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":205}],"analysis":{"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument replaces earlier local environmental plans for the same land (cl 1.8) and consolidates planning controls for the mapped Cumberland area (cl 1.3). It preserves undetermined applications made before commencement (cl 1.8A) and makes its operation subject to State EPIs that prevail (cl 1.9)."},"complexity_factors":["Volume and cross-referencing of technical standards (height cl 4.3; FSR cl 4.4; lot sizes cl 4.1) across multiple maps (Lot Size, Height, FSR, Biodiversity).","Multiple development pathways and exclusions: consent, exempt (cl 3.1), complying (cl 3.2) and site-specific additional permitted uses (sch 1).","Frequent 'must be satisfied' and discretionary judgments by the consent authority (e.g. cl 4.6 exceptions; cl 6.14 design excellence).","Environmental and heritage overlay requirements triggering specialist reports (heritage cl 5.10; biodiversity cl 6.5; acid sulfate soils cl 6.1).","Numerous site-specific clauses and caps (Schedules 1–6, clauses 6.15–6.21) creating bespoke rules for parcels.","Interaction with State environmental planning policies and other Acts (cl 1.9, cl 1.9A) adds legal layering.","Procedural and calculation rules that limit aggregation or ‘double dipping’ (FSR calculations cl 4.5(9)–(10))."],"plain_english_summary":"This Plan sets the local planning rules for land shown on its maps in Cumberland: it defines zones, permitted and prohibited uses, development standards (height, floor space, lot sizes), exempt and complying development pathways, and names the Council as consent authority (cls 1.3, 2.1, 1.6, 4.3–4.5).  \n\nDevelopers and landowners pay compliance costs — consents, studies and management plans (e.g. heritage assessments cl 5.10(5), acid sulfate management cl 6.1(3)). The Council decides applications and can apply exceptions (cl 4.6) or require design excellence (cl 6.14)."},"kimi_summary":{"_metrics":{"completionTokens":619},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Plan appears consistent with its original scope as a standard local environmental plan. While it includes numerous site-specific provisions and has been amended several times, these reflect normal planning instrument evolution rather than scope creep. The amendments add detail and respond to specific sites rather than expanding into entirely new policy areas."},"complexity_factors":["Multiple overlapping zone categories (13 zones) with detailed land use tables","Extensive cross-referencing to maps (Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map, etc.)","Numerous site-specific provisions and exceptions (Schedule 1 has 30+ clauses for specific addresses)","Complex floor space ratio calculations with multiple formulas, tables, and area-specific rules","Heritage provisions with multiple layers: items, conservation areas, archaeological sites, and Aboriginal heritage","Nested exceptions and conditional clauses throughout (e.g., clause 4.6 allows exceptions to standards, but not for certain zones or BASIX requirements)","Multiple amendments already incorporated (2022, 2023, 2024, 2025) creating patchwork effect","Detailed technical requirements for specific uses (aquaculture, sex services premises, secondary dwellings)","Integration with State Environmental Planning Policies that override or modify local provisions"],"plain_english_summary":"This is the **Cumberland Local Environmental Plan 2021**, a planning rulebook that controls what can be built and how land can be used across the Cumberland local government area in Sydney's west.\n\n**What it does:**\n- **Zones land** into categories like residential (low, medium, high density), employment (local centres, commercial centres, industrial), mixed use, recreation, and conservation areas\n- **Sets development rules** including minimum lot sizes, building heights, and floor space ratios (how much floor area you can build relative to your land size)\n- **Lists what development needs approval** — some uses are allowed without consent (like home occupations), some need council approval, and some are banned outright\n- **Protects heritage** — over 300 heritage items and several conservation areas are listed, with special rules for demolition or changes\n- **Includes special rules** for flood-prone land, biodiversity areas, riparian (waterfront) land, acid sulfate soils, and urban heat\n- **Allows certain fast-track development** — exempt development (no approval needed) and complying development (certified quickly if standards are met)\n\n**Who it affects:**\n- Property owners, developers, and businesses in Cumberland\n- Anyone wanting to build, subdivide, or change land use\n- Council planners who assess development applications\n\n**Why it matters:**\nThis Plan shapes how Cumberland grows — balancing housing, jobs, environmental protection, and community facilities. It replaced older planning instruments and includes modern priorities like urban cooling, design excellence for tall buildings, and protections for music venues (you can't refuse a pub's development application just because they want live music)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original plan commenced in November 2021 but has been amended approximately 24 times through to February 2026. This volume of amendments strongly suggests the plan's scope and detailed provisions have evolved significantly from the original instrument — likely expanding permitted uses in some zones, adjusting height and density controls, and incorporating state government housing policy changes. The core purpose (land use regulation for Cumberland) remains unchanged, but the specific rules governing what can be built and where have been substantially modified over time."},"complexity_factors":["Standard instrument LEP format incorporates extensive standardised NSW government templates with locally specific variations, requiring cross-referencing between documents","Multiple land use zones, each with different permitted and prohibited uses, creating a complex matrix of allowable activities","Frequent amendments — approximately 24 versions since 2021 — mean the rules have changed regularly, creating version-tracking complexity","Interaction with numerous other instruments including State Environmental Planning Policies (SEPPs), development control plans (DCPs), and the Environmental Planning and Assessment Act 1979","Geographically specific provisions tied to maps and schedules that must be read alongside the text","Heritage, flood, biodiversity and other overlay controls add layers of regulation on top of base zone rules","Technical planning terminology (floor space ratios, building envelopes, permissibility, exempt and complying development) requires specialist knowledge to interpret","Covers a large, diverse council area with varying local conditions requiring site-by-site analysis"],"plain_english_summary":"The Cumberland Local Environmental Plan 2021 is the statutory planning rulebook for the Cumberland LGA in western Sydney. It governs land use and development — affecting property owners, residents, developers, businesses and council planners — by zoning land, setting building and subdivision controls, and protecting heritage and environmental assets. It determines what you can do (and what needs approval), so non‑compliance risks fines or refused applications. The plan is frequently amended, so always check the current version."}},"importantCases":[],"_links":{"self":"/api/acts/cumberland-local-environmental-plan-2021","history":"/api/acts/cumberland-local-environmental-plan-2021/history","analysis":"/api/acts/cumberland-local-environmental-plan-2021/analysis","conflicts":"/api/acts/cumberland-local-environmental-plan-2021/conflicts","importantCases":"/api/acts/cumberland-local-environmental-plan-2021/important-cases","documents":"/api/acts/cumberland-local-environmental-plan-2021/documents"}}