{"id":"nsw:epi-2021-0726","name":"State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021","slug":"state-environmental-planning-policy-precincts-eastern-harbour-city-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"726 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181125,"registerId":"nsw-nsw:epi-2021-0726-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1.1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021](/view/html/inforce/current/epi-2021-0726).","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preliminary","content":"# Part 2 Preliminary\n\nPart 2.1 Preliminary","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Aims of Chapter","content":"#### 2 Aims of Chapter\n\n2.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,\n> \n> > (b) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Land to which Chapter applies","content":"#### 3 Land to which Chapter applies\n\n3.1 Land to which Chapter applies\n\n> > (1) Except as provided by subsection (2), this Chapter applies to the whole of the land within the Development Area, as varied from time to time.\n> \n> > (2) This Chapter does not apply to land in respect of which an order is in force under clause 3B of the Darling Harbour Authority Regulation 1984.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Introduction","content":"# Part 4 Introduction\n\nPart 4.1 Introduction","sortOrder":30},{"sectionNumber":"4","sectionType":"section","heading":"Area covered by this Chapter","content":"#### 4 Area covered by this Chapter\n\n4.1 Area covered by this Chapter\n\n> This Chapter applies to the land shown on Map 1 as the City West area, except such of that land as is shown as “excluded” on that map and such of that land as is within waters to which [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6 applies.\n> \n> The land to which this Chapter applies is part of the Sydney Region and is referred to in this Chapter as “City West”.\n> \n> However, this Chapter does not apply to land to which [Sydney Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0628) applies.\n> \n> **s 4.1:** Am 2022 (629), Sch 3.14\\[2\\].","sortOrder":31},{"sectionNumber":"Division 1","sectionType":"division","heading":"Land to which Part 3 applies","content":"## Division 1 Land to which Part 3 applies\n\nDivision 1 Land to which Part 3 applies","sortOrder":42},{"sectionNumber":"Division 2","sectionType":"division","heading":"Development consent","content":"## Division 2 Development consent\n\nDivision 2 Development consent","sortOrder":44},{"sectionNumber":"Division 3","sectionType":"division","heading":"Planning principles for Precincts","content":"## Division 3 Planning principles for Precincts\n\nDivision 3 Planning principles for Precincts","sortOrder":50},{"sectionNumber":"Division 4","sectionType":"division","heading":"Zoning","content":"## Division 4 Zoning\n\nDivision 4 Zoning","sortOrder":52},{"sectionNumber":"Division 5","sectionType":"division","heading":"Building height and floor space controls","content":"## Division 5 Building height and floor space controls\n\nDivision 5 Building height and floor space controls","sortOrder":65},{"sectionNumber":"Division 6","sectionType":"division","heading":"Heritage conservation","content":"## Division 6 Heritage conservation\n\nDivision 6 Heritage conservation","sortOrder":76},{"sectionNumber":"Division 7","sectionType":"division","heading":"Urban development plans","content":"## Division 7 Urban development plans\n\nDivision 7 Urban development plans","sortOrder":83},{"sectionNumber":"Division 8","sectionType":"division","heading":"Master Plans","content":"## Division 8 Master Plans\n\nDivision 8 Master Plans","sortOrder":90},{"sectionNumber":"Division 8A","sectionType":"division","heading":"Prohibited land uses","content":"## Division 8A Prohibited land uses\n\nDivision 8A Prohibited land uses","sortOrder":100},{"sectionNumber":"Division 9","sectionType":"division","heading":"Miscellaneous provisions","content":"## Division 9 Miscellaneous provisions\n\nDivision 9 Miscellaneous provisions","sortOrder":103},{"sectionNumber":"Part 5","sectionType":"part","heading":"Preliminary","content":"# Part 5 Preliminary\n\nPart 5.1 Preliminary","sortOrder":111},{"sectionNumber":"5","sectionType":"section","heading":"Aims, objectives etc","content":"#### 5 Aims, objectives etc\n\n5.1 Aims, objectives etc\n\n> This Chapter aims—\n> \n> > (a) to allow an appropriate range of uses to encourage the adaptive re-use of existing structures while not required for commercial port uses,\n> \n> > (b) to identify and protect the heritage significance of the area by establishing a conservation zone and providing appropriate controls for adaptive re-use, demolition and alteration,\n> \n> > (c) to ensure that development is compatible with the scale and character of existing built structures in the area,\n> \n> > (d) to control the use of the waterways between the wharves to ensure that any activities associated with any development are compatible with the commercial shipping and navigational requirements in Sydney Harbour,\n> \n> > (e) to identify a consent authority for development approvals,\n> \n> > (f) to identify matters to be considered when determining development applications,\n> \n> > (g) to ensure the provision of public access to the waterfront, including the wharves, and\n> \n> > (h) to ensure that development—\n> > \n> > > (i) provides appropriate parking facilities and traffic management which minimises impact on the amenity of the area, adjoining residential areas and the Sydney Cove Redevelopment Area,\n> > \n> > > (ii) does not adversely affect the arterial road network in the City of Sydney,\n> > \n> > > (iii) preserves views to and from Sydney Harbour,\n> > \n> > > (iv) is compatible with the adjacent existing residential community, and\n> > \n> > > (v) provides a public transport system which can be integrated with the existing public transport services in the City of Sydney.","sortOrder":112},{"sectionNumber":"Part 6","sectionType":"part","heading":"Preliminary","content":"# Part 6 Preliminary\n\nPart 6.1 Preliminary","sortOrder":141},{"sectionNumber":"6","sectionType":"section","heading":"Aims of Chapter","content":"#### 6 Aims of Chapter\n\n6.1 Aims of Chapter\n\n> This Chapter aims—\n> \n> > (a) to establish planning principles for the development of land that promote the ecologically sustainable use of the Cooks Cove site, and\n> \n> > (b) to rezone land at Cooks Cove to encourage trade and technology uses, and to attract global-reach businesses which strengthen Sydney’s international competitiveness, and\n> \n> > (c) to capitalise on the physical proximity of the Cooks Cove site to Sydney International Airport and Port Botany to create trade-focussed development, and\n> \n> > (d) to facilitate master planning strategies that will promote the orderly development of public open space and trade and technology land uses, and\n> \n> > (e) to identify appropriate development form and capacity for the Cooks Cove site, and\n> \n> > (f) to provide open space for a range of recreational uses, and\n> \n> > (g) to provide for good public access through the Cooks Cove site and along the Cooks River foreshores, and\n> \n> > (h) to enhance the Botany Bay to Homebush Bay regional cycleway and pedestrian/cycle network, and\n> \n> > (i) to protect environmentally significant wetlands and the habitat of the endangered Green and Golden Bell Frog, and\n> \n> > (j) to establish vegetated riparian areas along the Cooks River and Muddy Creek foreshores, and\n> \n> > (k) to provide vegetated riparian buffers around the Marsh Street, Eve Street, Spring Creek and Landing Lights wetlands.","sortOrder":142},{"sectionNumber":"Part 7","sectionType":"part","heading":"Preliminary","content":"# Part 7 Preliminary\n\nPart 7.1 Preliminary","sortOrder":180},{"sectionNumber":"7","sectionType":"section","heading":"Land to which this Chapter applies","content":"#### 7 Land to which this Chapter applies\n\n7.1 Land to which this Chapter applies\n\n> This Chapter applies to the land shown edged heavy black on the map marked “Moore Park Showground Amendment No 1” deposited in the head office of the Department of Urban Affairs and Planning.","sortOrder":181},{"sectionNumber":"app.1","sectionType":"schedule","heading":"State significant precinct—Sydney Opera House","content":"# app.1 State significant precinct—Sydney Opera House\n\nAppendix 1 State significant precinct—Sydney Opera House\n\nsection 2.7","sortOrder":207},{"sectionNumber":"Part 1","sectionType":"part","heading":"Buffer zone","content":"# Part 1 Buffer zone\n\nPart 1 Buffer zone","sortOrder":208},{"sectionNumber":"1A","sectionType":"section","heading":"Land to which Part applies","content":"#### 1A Land to which Part applies\n\n1A Land to which Part applies\n\n> This Part applies to land within the Sydney Opera House Site as referred to in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 2, section 1.","sortOrder":211},{"sectionNumber":"8","sectionType":"section","heading":"Minor public domain works","content":"#### 8 Minor public domain works\n\n8 Minor public domain works\n\n> > (1) Exempt development includes minor public domain works including—\n> > \n> > > (a) footpath improvements, tree planting, re-paving, street surfacing, kerb reconstruction, footpaths, gutters, street furniture (benches, bollards, public artwork, installations and street lighting), and\n> > \n> > > (b) installation of permanent directional/wayfinding signage.\n> \n> > (2) Any such exempt development must comply with the following requirements—\n> > \n> > > (a) the works must not adversely affect the heritage significance of the Sydney Opera House,\n> > \n> > > (b) the works must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,\n> > \n> > > (c) the works must not prevent public access to, and use of, the adjoining public domain.","sortOrder":218},{"sectionNumber":"9","sectionType":"section","heading":"Installation of minor structures ancillary to the use of Sydney Opera House","content":"#### 9 Installation of minor structures ancillary to the use of Sydney Opera House\n\n9 Installation of minor structures ancillary to the use of Sydney Opera House\n\n> > (1) Exempt development includes the installation of minor structures ancillary to the use of the Sydney Opera House, including small structures to house on-line information, refreshment vending carts (up to a maximum number of 12), ticketing and banking services and plasma and flat screen displays for the purpose of promoting performances and sponsors.\n> \n> > (2) Any such exempt development must comply with the following requirements—\n> > \n> > > (a) the structures must not adversely affect the heritage significance of the Sydney Opera House,\n> > \n> > > (b) the structures do not obstruct views identified as significant in the CMP,\n> > \n> > > (c) the structures must not prevent public access to, and use of, the adjoining public domain,\n> > \n> > > (d) the structures must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.","sortOrder":219},{"sectionNumber":"10","sectionType":"section","heading":"Signage associated with shops, cafes, restaurants and offices, and signage for the purpose of advertising events within Sydney Opera House","content":"#### 10 Signage associated with shops, cafes, restaurants and offices, and signage for the purpose of advertising events within Sydney Opera House\n\n10 Signage associated with shops, cafes, restaurants and offices, and signage for the purpose of advertising events within Sydney Opera House\n\n> > (1) Exempt development includes signage associated with shops, cafes, restaurants and offices, and signage for the purposes of advertising the events within the Sydney Opera House such as concourse posters, and light boxes, including—\n> > \n> > > (a) removal of signage,\n> > \n> > > (b) replacement of existing signage with new signage,\n> > \n> > > (c) installation of new signage.\n> \n> > (2) Any such exempt development must comply with the following requirements—\n> > \n> > > (a) the signage must be identified as non-intrusive or of “low” significance in the CMP,\n> > \n> > > (b) the development must make no change to the dimension, size and location of the existing signage,\n> > \n> > > (c) any new signage must be consistent with signage for adjoining tenancies in regard to size, dimension, location, design details and total number,\n> > \n> > > (d) the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.","sortOrder":220},{"sectionNumber":"11","sectionType":"section","heading":"Temporary use of Sydney Opera House to project fireworks or make broadcast","content":"#### 11 Temporary use of Sydney Opera House to project fireworks or make broadcast\n\n11 Temporary use of Sydney Opera House to project fireworks or make broadcast\n\n> > (1) Exempt development includes the temporary use of the Sydney Opera House to project fireworks or make a broadcast.\n> \n> > (2) Any such use must comply with the following requirements—\n> > \n> > > (a) the use must not adversely affect the heritage significance of the Sydney Opera House,\n> > \n> > > (b) the use must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,\n> > \n> > > (c) the use must be only for limited periods and on infrequent occasions,\n> > \n> > > (d) the use must be confined to exceptional, non-commercial occasions of brief duration.","sortOrder":221},{"sectionNumber":"12","sectionType":"section","heading":"Temporary use of public space for community events","content":"#### 12 Temporary use of public space for community events\n\n12 Temporary use of public space for community events\n\n> > (1) Exempt development includes the temporary use of public space for community events that are open to the general public with no entry charges, including public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.\n> \n> > (2) Any such use must comply with the following requirements—\n> > \n> > > (a) the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays and 8.00am to midnight on Fridays and Saturdays, except New Years Eve celebrations which may occur between 8.00am and 2.00am,\n> > \n> > > (b) community events (not more than four events in total in a calendar year) can start as early as 6.00am,\n> > \n> > > (c) set-up and clean-up can occur one day before and one day after each event, except some community events (not more than a total of five events in a calendar year) with longer set-up and clean-up times may be required (not more than six bump in/out days in total per event),\n> > \n> > > (d) should the event involve amplified music, ancillary to the main purpose of the event, the noise levels at the following locations must not exceed the background noise levels—\n> > > \n> > > > (i) Beulah Street Wharf (off Waruda Street), Kirribilli,\n> > > \n> > > > (ii) Cremorne Wharf (off Milson Road), Cremorne Point,\n> > > \n> > > > (iii) a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,\n> > > \n> > > > (iv) Dawes Point Park (off Lower Fort Street), Millers Point,\n> > \n> > > (e) all amplified music is to commence after 8.00am (except for those four events in total in a calendar year which may start as early as 6.00am) and to cease by 10.30pm on Sundays to Thursdays and 11.30pm on Fridays and Saturdays,\n> > \n> > > (f) lighting associated with events must not cause adverse impact on the area surrounding the site,\n> > \n> > > (g) the event does not include staging of private or commercial functions,\n> > \n> > > (h) back of house areas must be carefully designed (fencing and gates must be of high quality, and provide artwork and visual interest/public information in appropriate places).","sortOrder":222},{"sectionNumber":"13","sectionType":"section","heading":"Temporary use of public space for minimal impact events related to the primary function of Sydney Opera House","content":"#### 13 Temporary use of public space for minimal impact events related to the primary function of Sydney Opera House\n\n13 Temporary use of public space for minimal impact events related to the primary function of Sydney Opera House\n\n> > (1) Exempt development includes the temporary use of public space for minimal impact events related to the primary function of the Opera House as a performing arts centre, including temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event for which an entry fee may be charged.\n> \n> > (2) Any such use must comply with the following requirements—\n> > \n> > > (a) the use takes place not more than 40 days (whether consecutive or not) in any 12 month period,\n> > \n> > > (b) the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays (all amplified music to commence after 10.00am and to cease by 10.30pm) and 8.00am to midnight on Fridays and Saturdays (all amplified music to commence after 10.00am and to cease by 11.30pm),\n> > \n> > > (c) no more than 5,000 people attend each event at any one time,\n> > \n> > > (d) in addition to the maximum events days (ie 40 days) set-up and clean-up can occur one day before and one day after each event. Any additional days required for set-up and clean-up are to be included within the 40 days,\n> > \n> > > (e) lighting associated with events must not cause adverse impact on the area surrounding the site,\n> > \n> > > (f) noise levels at the following locations must not exceed LAmax 70 dB(A) and LCmax 90 dB(C) from Friday to Saturday and LAmax 65 dB(A) and LCmax 85 dB(C) from Sunday to Thursday—\n> > > \n> > > > (i) Beulah Street Wharf (off Waruda Street), Kirribilli,\n> > > \n> > > > (ii) Cremorne Wharf (off Milson Road), Cremorne Point,\n> > > \n> > > > (iii) a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,\n> > > \n> > > > (iv) Dawes Point Park (off Lower Fort Street), Millers Point.","sortOrder":223},{"sectionNumber":"14","sectionType":"section","heading":"Erection of temporary building ancillary to the temporary use of a public space for minimal impact events","content":"#### 14 Erection of temporary building ancillary to the temporary use of a public space for minimal impact events\n\n14 Erection of temporary building ancillary to the temporary use of a public space for minimal impact events\n\n> > (1) Exempt development includes the erection of temporary buildings ancillary to the temporary use of a public space for minimal impact events.\n> \n> > (2) Any such use must comply with the following requirements—\n> > \n> > > (a) all temporary buildings related to events must be confined to the event site area,\n> > \n> > > (b) public access to the lower concourse via the southern escalators, southern stairs and ramp must not be obstructed at any time,\n> > \n> > > (c) public access must not be obstructed between the bottom of the Tarpeian Steps and Royal Botanic Gardens Opera House Gate along the forecourt except during events,\n> > \n> > > (d) must not obstruct views identified as significant in the CMP,\n> > \n> > > (e) must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,\n> > \n> > > (f) details of temporary buildings must be consistent with the principles of the CMP in relation to “exterior furniture”,\n> > \n> > > (g) any temporary building must not remain in place for not more than 40 days (whether consecutive or not) in any 12 month period, excluding one day bump-in and one day bump-out for each event.\n> \n> > (3) In this section, minimal impact events include temporary outdoor events and performances such as Sydney Festival events that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.","sortOrder":224},{"sectionNumber":"15","sectionType":"section","heading":"Erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events","content":"#### 15 Erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events\n\n15 Erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events\n\n> > (1) Exempt development includes the erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events.\n> \n> > (2) Any such use must comply with the following requirements—\n> > \n> > > (a) must not adversely affect the heritage significance of the Sydney Opera House,\n> > \n> > > (b) must have no adverse effect on fabric rated “some”, “considerable” or “exceptional” significance in the CMP,\n> > \n> > > (c) must not be displayed for more than fourteen days before a temporary outdoor event and must be removed within seven days after the event,\n> > \n> > > (d) does not obstruct views identified as significant in the CMP,\n> > \n> > > (e) must not contain general advertising unrelated to events or sponsors at the Sydney Opera House,\n> > \n> > > (f) any temporary signage ancillary to minimal impact events must not remain in place for more than 60 days (whether consecutive or not) in any 12 month period.\n> \n> > (3) In this section—\n> > \n> > community events include public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.\n> > \n> > minimal impact events include temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.","sortOrder":225},{"sectionNumber":"app.2","sectionType":"schedule","heading":"State significant precinct—Luna Park site","content":"# app.2 State significant precinct—Luna Park site\n\nAppendix 2 State significant precinct—Luna Park site\n\nsection 2.7","sortOrder":226},{"sectionNumber":"1B","sectionType":"section","heading":"Land to which Part applies","content":"#### 1B Land to which Part applies\n\n1B Land to which Part applies\n\n> This Part applies to the cliff top sites.","sortOrder":230},{"sectionNumber":"1C","sectionType":"section","heading":"Subdivision—consent requirements","content":"#### 1C Subdivision—consent requirements\n\n1C Subdivision—consent requirements\n\n> Land to which this Part applies may be subdivided, but only with development consent.\n> \n> Notes.","sortOrder":231},{"sectionNumber":"1D","sectionType":"section","heading":"Demolition requires development consent","content":"#### 1D Demolition requires development consent\n\n1D Demolition requires development consent\n\n> The demolition of a building or work may be carried out only with development consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.","sortOrder":234},{"sectionNumber":"1E","sectionType":"section","heading":"Temporary use of land","content":"#### 1E Temporary use of land\n\n1E Temporary use of land\n\n> > (1) The objective of this section is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.\n> \n> > (2) Despite any other provision of Chapter 2, development consent may be granted for development on land to which this Part applies for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and\n> > \n> > > (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and\n> > \n> > > (d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.\n> \n> > (4) Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subsection.\n> \n> > (5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).","sortOrder":235},{"sectionNumber":"2A","sectionType":"section","heading":"Conversion of fire alarms","content":"#### 2A Conversion of fire alarms\n\n2A Conversion of fire alarms\n\n> > (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.\n> \n> > (2) The following development may be carried out, but only with development consent—\n> > \n> > > (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,\n> > \n> > > (b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,\n> > \n> > > (c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.\n> \n> > (3) Development to which subsection (2) applies is complying development if it consists only of—\n> > \n> > > (a) internal alterations to a building, or\n> > \n> > > (b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.\n> \n> > (4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.\n> \n> > (5) In this section—\n> > \n> > private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.","sortOrder":237},{"sectionNumber":"Part 3","sectionType":"part","heading":"Amusement devices","content":"# Part 3 Amusement devices\n\nPart 3 Amusement devices","sortOrder":238},{"sectionNumber":"app.3","sectionType":"schedule","heading":"State significant precinct—Redfern–Waterloo Authority sites","content":"# app.3 State significant precinct—Redfern–Waterloo Authority sites\n\nAppendix 3 State significant precinct—Redfern–Waterloo Authority sites\n\nsection 2.7","sortOrder":243},{"sectionNumber":"16","sectionType":"section","heading":"Special Purpose Zone—Community","content":"#### 16 Special Purpose Zone—Community\n\n16 Special Purpose Zone—Community\n\n> > (1) The objectives of the Special Purpose Zone—Community are as follows—\n> > \n> > > (a) to enable land to be used for community purposes,\n> > \n> > > (b) to enable development to be carried out for the social, educational and recreational needs of the community,\n> > \n> > > (c) to support development that is related or ancillary to community, recreational or educational use of the land in the Zone,\n> > \n> > > (d) to ensure the vitality and safety of the community and public domain,\n> > \n> > > (e) to ensure that buildings achieve design excellence,\n> > \n> > > (f) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.\n> \n> > (2) Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Community only with development consent—\n> > \n> > > advertisements; advertising structures; boarding houses; car parks; centre-based child care facilities; community facilities; educational establishments; entertainment facilities; function centres; hostels; information and educational facilities; kiosks; medical centres; office premises; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); registered clubs; restaurants; telecommunications facilities; temporary structures; tourist and visitor accommodation related or ancillary to community facilities, educational establishments, recreation facilities (indoor) or recreation facilities (outdoor).\n> \n> > (3) Except as otherwise provided by Chapter 2, development is prohibited on land within the Special Purpose Zone—Community unless it may be carried out under subsection (2).","sortOrder":259},{"sectionNumber":"16A","sectionType":"section","heading":"Exceptions to development standards","content":"#### 16A Exceptions to development standards\n\n16A Exceptions to development standards\n\n> > (1) The objectives of this section are as follows—\n> > \n> > > (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,\n> > \n> > > (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.\n> \n> > (2) Development consent may, subject to this section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.\n> \n> > (3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—\n> > \n> > > (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and\n> > \n> > > (b) there are sufficient environmental planning grounds to justify the contravention of the development standard.\n> > \n> > Note—\n> > \n> > The [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759) requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).\n> \n> > (4) The consent authority must keep a record of its assessment carried out under subsection (3).\n> \n> > (5), (6) (Repealed)\n> \n> > (7) This section does not allow development consent to be granted for development that would contravene any of the following—\n> > \n> > > (a) a development standard for complying development,\n> > \n> > > (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which [State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004](/view/html/repealed/current/epi-2004-0396) applies or for the land on which such a building is situated.","sortOrder":260},{"sectionNumber":"17","sectionType":"section","heading":"Exempt development","content":"#### 17 Exempt development\n\n17 Exempt development\n\n> The following development is exempt development if it is carried out on land within the Redfern–Waterloo Authority Sites, is of minimal environmental impact and complies with the criteria set out in the guidelines prepared by the Redfern–Waterloo Authority (and approved by the Minister and made publicly available) for the purposes of this section—\n> \n> > (a) the temporary use of the land for community events that are open to the general public, including public gatherings, ceremonies, sporting events or outdoor exhibitions,\n> \n> > (b) the erection and use of temporary structures, having minimal visual impact, for the purposes of, or in connection with, any such community event,\n> \n> > (c) the erection and use of outdoor seating, tables and similar furniture located in the public domain and associated with cafes, restaurants, bars and other similar development,\n> \n> > (d) the erection, installation, maintenance and upgrading by or on behalf of a public authority of public furniture, planter boxes, lighting, public art, street signs, bus shelters, public telephone booths or post boxes, or the carrying out by or on behalf of a public authority of street planting, work for the purpose of changing the width or surface of a footpath, and related road works,\n> \n> > (e) the erection, installation, maintenance and upgrading by or on behalf of a public authority in existing public recreation areas of public furniture, shade structures, public art, tables, seats, children’s play equipment, barbecues and toilets,\n> \n> > (e1) the carrying out, by or on behalf of a public authority, of landscaping associated with existing public recreation areas,\n> \n> > (f) development for the purposes of real estate signs,\n> \n> > (g) the erection of a flagpole, if the maximum height of the flagpole is not more than 6 metres above existing ground level,\n> \n> > (h) erection of a side or rear boundary fence located behind the front wall of a building, if the fence does not exceed 1.8 metres in height and is not of masonry construction,\n> \n> > (i) the use of premises for a home business,\n> \n> > (j) minor internal alterations to commercial or retail premises, such as fit-out works or the installation of partitions, shelving, benches or workstations, if the alterations are not structural, do not result in the creation of additional floor space and do not change the building classification.","sortOrder":261},{"sectionNumber":"18","sectionType":"section","heading":"Unzoned land","content":"#### 18 Unzoned land\n\n18 Unzoned land\n\n> > (1) This section applies to land within the Redfern–Waterloo Authority sites that is not within a zone specified in section 7.\n> \n> > (2) Except as provided by this section, development is prohibited on land to which this section applies.\n> \n> > (3) Development for the purposes of public utility undertakings to which section 19(1) applies may be carried out on land to which this section applies without development consent.\n> \n> > (4) Development referred to in section 30 may be carried out on land to which this section applies with development consent.","sortOrder":262},{"sectionNumber":"19","sectionType":"section","heading":"Public utility undertakings excepted","content":"#### 19 Public utility undertakings excepted\n\n19 Public utility undertakings excepted\n\n> > (1) Development for the purposes of public utility undertakings that is carried out on land within the Redfern–Waterloo Authority Sites does not require development consent.\n> \n> > (2) Subsection (1) does not apply to development referred to in section 15(2)(a) or (c).","sortOrder":263},{"sectionNumber":"20","sectionType":"section","heading":"Subdivision—consent requirements","content":"#### 20 Subdivision—consent requirements\n\n20 Subdivision—consent requirements\n\n> > (1) Land within the Redfern–Waterloo Authority Sites may be subdivided, but only with consent.\n> > \n> > Note.\n> > \n> > [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies certain subdivision development as exempt development.\n> \n> > (3) Despite subsection (1), consent is not required for subdivision under the [Strata Schemes (Freehold Development) Act 1973](/view/html/repealed/current/act-1973-068) or the [Strata Schemes (Leasehold Development) Act 1986](/view/html/repealed/current/act-1986-219), except—\n> > \n> > > (a) in the case of a building to which Part 3 of [State Environmental Planning Policy (Affordable Rental Housing) 2009](/view/html/repealed/current/epi-2009-0364) applies, or\n> > \n> > > (b) where the building has been designed or approved for occupation as a single unit.","sortOrder":264},{"sectionNumber":"20A","sectionType":"section","heading":"Demolition requires development consent","content":"#### 20A Demolition requires development consent\n\n20A Demolition requires development consent\n\n> The demolition of a building or work may be carried out only with development consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.","sortOrder":265},{"sectionNumber":"21","sectionType":"section","heading":"Height, floor space ratio and gross floor area restrictions","content":"#### 21 Height, floor space ratio and gross floor area restrictions\n\n21 Height, floor space ratio and gross floor area restrictions\n\n> > (1) The height of a building on any land that is the subject of the [Height of Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021) is not to exceed the maximum height shown for the land on that map.\n> \n> > (1A) The height of a building on land identified as “Area A” on the [Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021) may exceed the maximum height shown for the land on the [Height of Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021) by up to 1m (the additional height) if the consent authority is satisfied the additional height—\n> > \n> > > (a) will only be used for rooftop plant or equipment, mechanical services or ducting, and\n> > \n> > > (b) will have minimal visual impact when viewed from the surrounding public domain, and\n> > \n> > > (c) will cause no more than minimal overshadowing on neighbouring premises and the surrounding public domain, and\n> > \n> > > (d) will not increase the gross floor area of the building.\n> \n> > (2) The floor space ratio of a building on any land that is the subject of the [Floor Space Ratio Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021) is not to exceed the floor space ratio shown for the land on that map.\n> \n> > (2A) The gross floor area of a building on any land that is the subject of the [Gross Floor Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021), being land known as the Australian Technology Park, is not to exceed the gross floor area shown for the land on that map.\n> > \n> > Note.\n> > \n> > The total maximum floor space ratio for the land to which this subsection applies is equivalent to 2:1.\n> \n> > (3) This section applies only in relation to development where the Minister has not, in an approval for a concept plan for the development (whether given before or after the commencement of this section), provided for the construction of a building that exceeds the height, floor space ratio or gross floor area restrictions, or any combination of restrictions, set out in subsections (1), (2) and (2A).","sortOrder":266},{"sectionNumber":"22","sectionType":"section","heading":"Design excellence","content":"#### 22 Design excellence\n\n22 Design excellence\n\n> > (1) Consent must not be granted to a new building or to external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.\n> \n> > (2) In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—\n> > \n> > > (a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,\n> > \n> > > (b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,\n> > \n> > > (c) whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,\n> > \n> > > (d) if a competitive design process is held as referred to in subsection (3) in relation to the development, the results of the competitive design process.\n> \n> > (3) The consent authority may require a competitive design process for the erection of a building over 12 storeys high.\n> \n> > (4) In this section—\n> > \n> > competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.","sortOrder":267},{"sectionNumber":"22A","sectionType":"section","heading":"Design guidelines for State significant development","content":"#### 22A Design guidelines for State significant development\n\n22A Design guidelines for State significant development\n\n> Development consent must not be granted to State significant development on land identified as “Area A” on the [Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021) unless the consent authority has considered the Large Erecting Shop Design Excellence Strategy, published by the Department in June 2023.","sortOrder":268},{"sectionNumber":"23","sectionType":"section","heading":"Car parks","content":"#### 23 Car parks\n\n23 Car parks\n\n> > (1) Development consent may not be granted for the purpose of car parks on land within the Business Zone—Business Park unless the consent authority is satisfied that the number of car parking spaces in that zone will not, as a result of the granting of consent, exceed 1,600 car spaces.\n> \n> > (2) The maximum number of car parking spaces on land identified as “Area A” on the [Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021) is 2 car parking spaces intended only for the use of people with a disability.\n> \n> > (3) In this section—\n> > \n> > car parking space means a space for the parking of motor vehicles, but does not include a place primarily used for the loading or unloading of goods.","sortOrder":269},{"sectionNumber":"23A","sectionType":"section","heading":"Additional permitted uses for certain land","content":"#### 23A Additional permitted uses for certain land\n\n23A Additional permitted uses for certain land\n\n> Despite any other provision of Chapter 2, a person may, with development consent, carry out development for the purposes of information and education facilities and rail infrastructure facilities on land shown hatched on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021).","sortOrder":270},{"sectionNumber":"24","sectionType":"section","heading":"Suspension of covenants, agreements and instruments","content":"#### 24 Suspension of covenants, agreements and instruments\n\n24 Suspension of covenants, agreements and instruments\n\n> > (1) For the purpose of enabling development on land within any zone to be carried out in accordance with Chapter 2 or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.\n> \n> > (2) Nothing in subsection (1) affects the rights or interests of any public authority under any registered instrument.\n> \n> > (3) Pursuant to section 28 of the Act, before the making of this section, the Governor approved of subsections (1) and (2).","sortOrder":271},{"sectionNumber":"24A","sectionType":"section","heading":"Infrastructure development and use of existing buildings of the Crown","content":"#### 24A Infrastructure development and use of existing buildings of the Crown\n\n24A Infrastructure development and use of existing buildings of the Crown\n\n> > (1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under [State Environmental Planning Policy (Infrastructure) 2007](/view/html/repealed/current/epi-2007-0641).\n> \n> > (2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.","sortOrder":272},{"sectionNumber":"24B","sectionType":"section","heading":"Conversion of fire alarms","content":"#### 24B Conversion of fire alarms\n\n24B Conversion of fire alarms\n\n> > (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.\n> \n> > (2) The following development may be carried out, but only with development consent—\n> > \n> > > (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,\n> > \n> > > (b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,\n> > \n> > > (c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.\n> \n> > (3) Development to which subsection (2) applies is complying development if it consists only of—\n> > \n> > > (a) internal alterations to a building, or\n> > \n> > > (b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.\n> \n> > (4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.\n> \n> > (5) In this section—\n> > \n> > private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.","sortOrder":273},{"sectionNumber":"25","sectionType":"section","heading":"Development to which Part applies","content":"#### 25 Development to which Part applies\n\n25 Development to which Part applies\n\n> The provisions of this Part do not apply with respect to development on land within the Redfern–Waterloo Authority Sites that is a transitional Part 3A project.","sortOrder":275},{"sectionNumber":"26","sectionType":"section","heading":"Notification of development","content":"#### 26 Notification of development\n\n26 Notification of development\n\n> Subject to the Act and the regulations, notice of a development application for consent to carry out development on land within the Redfern–Waterloo Authority Sites is to be given in accordance with the provisions of the relevant community participation plan.","sortOrder":276},{"sectionNumber":"27","sectionType":"section","heading":"Heritage conservation","content":"#### 27 Heritage conservation\n\n27 Heritage conservation\n\n> > (1) A person must not, in respect of a building, work, relic, tree or place that is a heritage item—\n> > \n> > > (a) demolish, dismantle, move or alter the building, work, relic, tree or place, or\n> > \n> > > (b) damage or remove the relic, or\n> > \n> > > (c) excavate land for the purpose of discovering, exposing or moving the relic, or\n> > \n> > > (d) damage or despoil the tree or place, or\n> > \n> > > (e) erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or\n> > \n> > > (f) damage any tree or land on which the building, work or relic is situated on or on the land which comprises the place, or\n> > \n> > > (g) make structural changes to the interior of the building or work,\n> > \n> > except with the consent of the consent authority.\n> \n> > (2) However, consent under this section is not required if the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—\n> > \n> > > (a) is of a minor nature, or is for the maintenance of the heritage item, and\n> > \n> > > (b) would not adversely affect the significance of the heritage item.\n> \n> > (3) In this section, heritage item means a building, work, relic, tree or place that is indicated as a heritage item on the [Heritage Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021).","sortOrder":277},{"sectionNumber":"28","sectionType":"section","heading":"Preservation of trees or vegetation","content":"#### 28 Preservation of trees or vegetation\n\n28 Preservation of trees or vegetation\n\n> > (1) The objective of this section is to preserve the amenity of the Redfern–Waterloo Authority Sites through the preservation of trees and other vegetation.\n> \n> > (2) This section applies to species or kinds of trees or other vegetation that are identified for the purposes of this section by a development control plan adopted by the consent authority.\n> > \n> > Note.\n> > \n> > A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner.\n> \n> > (3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—\n> > \n> > > (a) development consent, or\n> > \n> > > (b) a permit granted by the consent authority.\n> \n> > (4) The refusal by the consent authority to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the consent authority to grant consent for the carrying out of the activity for which a permit was sought.\n> \n> > (5) This section does not apply to a tree or other vegetation that the consent authority is satisfied is dying or dead and is not required as the habitat of native fauna.\n> \n> > (6) This section does not apply to a tree or other vegetation that the consent authority is satisfied is a risk to human life or property.\n> \n> > (7) A permit under this section cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item (within the meaning of section 27).\n> > \n> > Note.\n> > \n> > As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 27 will be applicable to any such consent.\n> \n> > (8) This section does not apply to or in respect of—\n> > \n> > > (a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) or that is a routine agricultural management activity within the meaning of that Act carried out on land to which that Act applies, or\n> > \n> > > (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103)) that is authorised by a development consent under the provisions of the [Native Vegetation Conservation Act 1997](/view/html/repealed/current/act-1997-133) as continued in force by that clause, or\n> > \n> > > (c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055), or\n> > \n> > > (d) action required or authorised to be done by or under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or the [Surveying Act 2002](/view/html/inforce/current/act-2002-083), or\n> > \n> > > (e) plants declared to be noxious weeds under the [Noxious Weeds Act 1993](/view/html/repealed/current/act-1993-011).","sortOrder":278},{"sectionNumber":"29","sectionType":"section","heading":"Community use of educational establishments","content":"#### 29 Community use of educational establishments\n\n29 Community use of educational establishments\n\n> > (1) The objective of this section is to allow the use of educational establishments, including their site and facilities, for other community purposes.\n> \n> > (2) An educational establishment (including the site and facilities) may, with consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.\n> \n> > (3) Nothing in this section requires consent to carry out development on any land if that development could, but for this section, be carried out on that land without consent.","sortOrder":279},{"sectionNumber":"30","sectionType":"section","heading":"Temporary use of land","content":"#### 30 Temporary use of land\n\n30 Temporary use of land\n\n> The consent authority may grant consent to the carrying out, on land within the Redfern–Waterloo Authority Sites, of development (other than designated development) for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.","sortOrder":280},{"sectionNumber":"app.4","sectionType":"schedule","heading":"State significant precinct—North Head Federal Police Training site","content":"# app.4 State significant precinct—North Head Federal Police Training site\n\nAppendix 4 State significant precinct—North Head Federal Police Training site\n\nsection 2.7","sortOrder":281},{"sectionNumber":"app.5","sectionType":"schedule","heading":"State significant precinct—Barangaroo site","content":"# app.5 State significant precinct—Barangaroo site\n\nAppendix 5 State significant precinct—Barangaroo site\n\nsection 2.7","sortOrder":290},{"sectionNumber":"18A","sectionType":"section","heading":"Development on “Area A”","content":"#### 18A Development on “Area A”\n\n18A Development on “Area A”\n\n> > (1) The objective of this section is to ensure that the built form in Central Barangaroo maintains appropriate bulk and massing through the appropriate allocation of floor space above and below ground level (finished).\n> \n> > (2) This section applies to land identified as “Area A” on the [Gross Floor Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021).\n> \n> > (3) A building on land to which this section applies must not have a gross floor area of more than—\n> > \n> > > (a) for above ground level (finished)—90,106m2, and\n> > \n> > > (b) for below ground level (finished)—11,092m2.","sortOrder":307},{"sectionNumber":"app.6","sectionType":"schedule","heading":"State significant precinct—Wahroonga Estate site","content":"# app.6 State significant precinct—Wahroonga Estate site\n\nAppendix 6 State significant precinct—Wahroonga Estate site\n\nsection 2.7","sortOrder":314},{"sectionNumber":"17A","sectionType":"section","heading":"Demolition requires development consent","content":"#### 17A Demolition requires development consent\n\n17A Demolition requires development consent\n\n> The demolition of a building or work may be carried out only with development consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.","sortOrder":332},{"sectionNumber":"25A","sectionType":"section","heading":"Conversion of fire alarms","content":"#### 25A Conversion of fire alarms\n\n25A Conversion of fire alarms\n\n> > (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.\n> \n> > (2) The following development may be carried out, but only with development consent—\n> > \n> > > (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,\n> > \n> > > (b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,\n> > \n> > > (c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.\n> \n> > (3) Development to which subsection (2) applies is complying development if it consists only of—\n> > \n> > > (a) internal alterations to a building, or\n> > \n> > > (b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.\n> \n> > (4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.\n> \n> > (5) In this section—\n> > \n> > private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.","sortOrder":339},{"sectionNumber":"app.7","sectionType":"schedule","heading":"State significant precinct—Sirius site","content":"# app.7 State significant precinct—Sirius site\n\nAppendix 7 State significant precinct—Sirius site\n\nsection 2.7","sortOrder":342},{"sectionNumber":"6A","sectionType":"section","heading":"Subdivision—consent requirements","content":"#### 6A Subdivision—consent requirements\n\n6A Subdivision—consent requirements\n\n> Land within the Sirius site may be subdivided, but only with development consent.\n> \n> Note—\n> \n> [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies certain subdivision as exempt or complying development.","sortOrder":351},{"sectionNumber":"app.8","sectionType":"schedule","heading":"Stage 1 Bays West Precinct","content":"# app.8 Stage 1 Bays West Precinct\n\nAppendix 8 Stage 1 Bays West Precinct","sortOrder":361},{"sectionNumber":"app.8-pt","sectionType":"part","heading":"Land Use Table","content":"# app.8-pt Land Use Table\n\nLand Use Table\n\nZone E2 Commercial Centre\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone RE1 Public Recreation","sortOrder":370},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Development that may be carried out under a permit","content":"# Schedule 1 Development that may be carried out under a permit\n\nSchedule 1 Development that may be carried out under a permit\n\n(Section 3.5)\n\n**Appendix 1, hdg:** Subst 2022 (835), Sch 2\\[8\\].\n\nAmusement parks; art galleries; child care centres; commercial premises (other than premises used for pawnbroking or other forms of moneylending); car parking stations; charter boat facilities; convention centres; entertainment centres; exhibition centres; film, television and radio studios; hotels; light industries; markets; motels; museums; parks and gardens; places of assembly; places of public worship; professional consulting rooms; public buildings; public utility undertakings; recording studios; recreation facilities; refreshment rooms; residential buildings; serviced apartments; shops; theatre restaurants; utility installations.\n\n**Appendix 1:** Am 2022 (629), Sch 3.14\\[6\\] \\[7\\]; 2022 (835), Sch 2\\[8\\].","sortOrder":412},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Definitions","content":"# Schedule 2 Definitions\n\nSchedule 2 Definitions\n\n(Section 4.6)\n\n**Appendix 2, hdg:** Subst 2022 (835), Sch 2\\[9\\].\n\nNote.\n\nThe Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of Chapter 4.\n\nAct means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nAdvertisement means a display of symbols, messages or other devices for commercial promotional purposes for conveying information or instructions or the like, whether or not the display includes the erection of a structure or the carrying out of a work, but does not include signage for the identification and naming of buildings and uses or directional or community information signage.\n\nAffordable housing has the meaning given to that expression in Part 4.\n\nBays Precinct means the land shown edged heavy black on Map 2, Sheet 3.\n\nBrothel means premises habitually used for the purpose of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.\n\nBusiness floor space means the part of the gross floor area of a building that is the subject of a business use.\n\nBusiness use means any form of development carried out for a commercial or educational purpose, but does not include residential development or public utility undertakings.\n\nCity West Development Corporation means the Corporation having that name established under the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049).\n\nCommunity facility means a building or place that provides for the physical, social, cultural, religious, educational or intellectual development or welfare of the community, but does not include business floor space not directly related to its community function.\n\nConservation area means an area of heritage significance, being land identified on Map 4 as a conservation area.\n\nConservation management plan means a document which has been prepared in accordance with the provisions of the NSW Heritage Manual and which establishes the heritage significance of a heritage item and identifies conservation management policies and management mechanisms that are appropriate to enable that significance to be retained.\n\nConservation policy means the guidelines prepared by the Director-General for directing conservation management within a Precinct.\n\nDemolition, in relation to a heritage item or any other building or structure, means its damaging, defacing, destruction, pulling down or removal.\n\nEcologically sustainable development means development that uses, conserves and enhances the community’s resources and energy so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased.\n\nEveleigh Precinct means the land shown edged heavy black on Map 2, Sheet 2.\n\nFloor space ratio of a building means the ratio of the gross floor area of the building to the site area.\n\nGross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the inner faces of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding—\n\n> • columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and\n\n> • lift towers, cooling towers, machinery and plant rooms, and air conditioning and ventilation ducts, and\n\n> • ancillary car parking and any associated internal designated vehicular and pedestrian access thereto, and\n\n> • space for the loading and unloading of goods, and\n\n> • internal public areas such as arcades, atria and thoroughfares, and terraces and balconies with outer walls less than 1,400 millimetres high.\n\nground level (finished) has the same meaning as in the standard instrument for a local environmental plan prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nHeight of a building, means the vertical distance measured in metres between the natural surface level of the ground on which the building is sited or, where the natural surface has been excavated, the land of the adjoining public domain, and the ceiling of the topmost habitable floor of the building above that point.\n\nHeritage impact statement means a statement which identifies the heritage significance of a heritage item or conservation area, assesses the impact that the proposed work will have on this significance and details the measures proposed to minimise this impact.\n\nHeritage item means a building, work, relic, tree or place identified on Map 4 as a heritage item and described in Schedule 4.\n\nHeritage significance means historic, scientific, cultural, social, archaeological, natural or aesthetic significance.\n\nHome occupation means any business use of a dwelling or its surrounding land, or both, but only by permanent residents of the dwelling, being a use that does not unreasonably interfere with the use of adjoining properties or the locality.\n\nMap means a map deposited in the Head Office of the Department.\n\nMap 1 means the map marked “[Sydney Regional Environmental Plan No 26—City West. Map 1 (Second Edition)—City West Area](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”, as amended by the maps marked as follows—\n\nEditorial note.\n\nThe amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.\n\n> Sydney Regional Environmental Plan No 26—City West. Map 1—City West Area (Amendment No 8)—1999 Update\n\n> Sydney Regional Environmental Plan No 26—City West. Map 1—City West Area (Amendment No 9)\n\nMap 2 means the map marked “[Sydney Regional Environmental Plan No 26—City West—Map 2](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”, consisting of the Sheets marked as follows—\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 1)\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 2)\n\n> Sheet 2—Eveleigh Precinct—Land Use Zones\n\n> Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Land Use Zones\n\n> Sheet 3—Bays Precinct—Land Use Zones\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 8)—1999 Update\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 9)\n\nMap 3 means the map marked “[Sydney Regional Environmental Plan No 26—City West. Map 3](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”, consisting of the Sheets marked as follows—\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 1)\n\n> Sheet 2—Eveleigh Precinct—Permissible Building Heights\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 8)—1999 Update\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 9)\n\nMap 4 means the map marked “[Sydney Regional Environmental Plan No 26—City West. Map 4](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”, consisting of the Sheets marked as follows—\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation\n\n> Sheet 2—Eveleigh Precinct—Heritage and Conservation\n\n> Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Heritage and Conservation\n\n> Sheet 3—Bays Precinct—Heritage and Conservation\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation (Amendment No 8)—1999 Update\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation (Amendment No 9)\n\nMap 5 means the map marked “[Sydney Regional Environmental Plan No 26—City West. Map 5](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”, consisting of the Sheets marked as follows—\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Master Planning\n\n> Sheet 2—Eveleigh Precinct—Master Planning\n\n> Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Master Planning\n\n> Sheet 3—Bays Precinct—Master Planning\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Master Planning (Amendment No 8)—1999 Update\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Master Planning (Amendment No 9)\n\nMap 6 means the map marked “[Sydney Regional Environmental Plan No 26—City West. Map 6](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”, consisting of the Sheets marked as follows—\n\n> Sheet 1—Ultimo-Pyrmont Precinct—Non-Residential Development (Amendment No 9)\n\nMaster Plan means a Master Plan, as in force for the time being, adopted by the Minister.\n\nPrecinct means a precinct within City West established by Chapter 4 or any amendment of Chapter 4.\n\nPublic domain means land available for public use and includes streets, lanes, squares, playgrounds, parks, open shopping malls, pedestrian walkways and the like.\n\nPublic utility undertaking means any undertaking carried on by or under the authority of any Government department, or pursuant to any Commonwealth or State Act, for the purpose of—\n\n> • railway, light railway, road, water or air transport, or wharf or river undertakings, or\n\n> • the provision of sewerage or drainage services, or\n\n> • the supply of water, hydraulic power, electricity or gas, or\n\n> • telecommunications facilities.\n\nReal estate sign means an advertisement of a temporary nature in respect of a place or premises to which it is attached which contains only a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting and is not displayed for more than 7 days after the sale or letting.\n\nRecreational facility means a building or place used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain.\n\nResidential development means the use of land for any form of housing, including housing leased on a short-term basis subject to the [Residential Tenancies Act 1987](/view/html/repealed/current/act-1987-026), but does not include the use of land for a hotel, a hostel, an apartment hotel (being a building consisting of suites of rooms rented or hired out without being leased on a short-term basis), a boutique hotel, serviced apartments, backpacker accommodation, a motel or the like.\n\nStandard Instrument means the standard instrument for a local environmental plan prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nTemporary use of Land for the Purpose of a School at Wentworth Park Map means the map marked “Sydney Regional Environmental Plan No 26—City West Temporary use of Land for the Purpose of a School at Wentworth Park Map”.\n\nTfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n\nUltimo-Pyrmont Precinct means the land shown edged heavy black on Map 2, Sheet 1.\n\nUrban development plan means an urban development plan, as in force for the time being, adopted by the Minister.\n\n**Appendix 2:** Am 2022 (835), Sch 2\\[9\\].\n\n**sch 2:** Am 2025 (610), Sch 1\\[4\\].","sortOrder":413},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Development not requiring consent","content":"# Schedule 3 Development not requiring consent\n\nSchedule 3 Development not requiring consent\n\n(Section 4.10)\n\n**Appendix 3, hdg:** Subst 2022 (835), Sch 2\\[10\\].\n\nThe following development does not require consent if it would be permissible with consent had it not been included in this Schedule—\n\n> • Construction and use of aids to navigation, maintenance dredging by the Maritime Services Board and maintenance of mooring facilities.\n\n> • Development referred to in clause 35 (a), (b) or (c) of the [Environmental Planning and Assessment Model Provisions 1980](/view/html/repealed/current/epi-1980-0055). (For the purposes of Chapter 4, nothing in clause 35 (a) of those Provisions authorises the demolition of a heritage item which is incidental or ancillary to any development without the need for development consent and the reference in clause 35 (c) of those Provisions to dwelling-houses includes a reference to any dwellings.)\n\n> • Demolition of the following (unless part of a heritage item)—\n> \n> > advertising structures, sheds, kiosks, garages, roof structures (such as plant rooms and cooling towers), shop fronts, internal walls and ceilings, partitions, stairs and ducts.\n\n> • Within the Glebe Island/White Bay area of the Port and Employment Zone—temporary structures associated with the port (such as hailnetting) and the maintenance and modification of existing structures; the erection and maintenance of port communication equipment; structures for or associated with the storage and processing of cargo; installation, modification and maintenance of utilities and service facilities.\n\n> • Installation, modification and maintenance of pipelines, landscaping, fencing and signage associated with the port.\n\n> • Subdivision associated with port operations.\n\n> • Demolition of wetland structures in the Port and Employment Zone.\n\n> • Erection and use of outdoor seating, adjoining tables and like furniture located in the public domain, associated with adjoining cafes, restaurants, bars and the like and required to be licensed by a public authority.\n\n> • Development for the purpose of real estate signs that is carried out consistently with any urban development plan.\n\n> • Development on land zoned Residential—Business for the purpose of business identification signs that are not erected on a heritage item, being development that is carried out consistently with any urban development plan.\n\n> • Erection and use of public furniture, planter boxes, lighting, bus shelters, public telephone booths or post boxes, or the carrying out of street planting, footpath widening or roadworks and the like, undertaken by or on behalf of a public authority.\n\n> • Erection and use of public furniture and carrying out of landscaping associated with existing public recreation areas, such as the erection of shade structures, children’s play equipment, barbecues, toilets and like furniture, but not including either the construction of club houses, swimming pools, gymnasiums or like recreational facilities or associated buildings or the erection of restaurants.\n\n> • Development of a heritage item or a building or work in a conservation area if, in the opinion of the consent authority, the proposed development is of a minor nature or comprises maintenance of the heritage item or building or work and would not adversely affect the heritage significance of the heritage item or its setting or the conservation area.\n\nThe development specified in this Schedule does not include development to which [State Environmental Planning Policy (Infrastructure) 2007](/view/html/repealed/current/epi-2007-0641) applies.\n\n**Appendix 3:** Am 2022 (835), Sch 2\\[10\\]; 2023 (291), Sch 1 \\[1\\]–\\[3\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (698), Sch 2.3\\[1\\] \\[2\\].","sortOrder":414},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Heritage items","content":"# Schedule 4 Heritage items\n\nSchedule 4 Heritage items\n\n(Section 4.36)\n\n**Appendix 4, hdg:** Subst 2022 (835), Sch 2\\[11\\].\n\n**Appendix 4:** Am 2022 (835), Sch 2\\[11\\].\n\n**sch 4:** Am 2022 (769), Sch 1\\[4\\].","sortOrder":415},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Complying development","content":"# Schedule 5 Complying development\n\nSchedule 5 Complying development\n\n(Section 6.6)\n\n**Appendix 5, hdg:** Subst 2022 (835), Sch 2\\[12\\].\n\n**Appendix 5:** Am 2022 (835), Sch 2\\[12\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (698), Sch 2.3\\[3\\]–\\[6\\]; 2025 (610), Sch 1\\[1\\]–\\[3\\].","sortOrder":419},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 6 Exempt development\n\nSchedule 6 Exempt development\n\n(Section 6.6)\n\n**Appendix 6, hdg:** Subst 2022 (835), Sch 2\\[13\\].\n\nThe development listed in this Schedule is exempt development, but only if any structure erected or altered as a consequence of the development—\n\n> (a) will comply with the deemed-to-satisfy provisions of the Building Code of Australia, and\n\n> (b) will not obstruct drainage of the site, and\n\n> (c) will not restrict any vehicular or pedestrian access to or from the site, and\n\n> (d) will be at least 1 metre from any easement or public sewer main, and\n\n> (e) will not require a tree to be removed, and\n\n> (f) will comply with the recommendations of the Green and Golden Bell Frog management plan and the wetlands environmental management plan.\n\n**Appendix 6:** Am 2022 (835), Sch 2\\[13\\]; 2023 (524), Sch 1.2\\[2\\].","sortOrder":426},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Heritage items","content":"# Schedule 7 Heritage items\n\nSchedule 7 Heritage items\n\n(Section 6.21 and Schedule 8)\n\n**Appendix 7, hdg:** Subst 2022 (835), Sch 2\\[14\\].\n\n| 212 West Botany Street, Banksia | Lot 1, DP 514811 | Market garden |\n\n**Appendix 7:** Am 2022 (629), Sch 3.14\\[8\\]; 2022 (835), Sch 2\\[14\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (538), Sch 1; 2023 (698), Sch 2.3\\[7\\]–\\[11\\].","sortOrder":432},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Dictionary for Chapter 6","content":"# Schedule 8 Dictionary for Chapter 6\n\nSchedule 8 Dictionary for Chapter 6\n\n(Section 6.5 (1))\n\nAdditional Permitted Uses Map means the map marked “[Sydney Regional Environmental Plan No 33—Cooks Cove—Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”.\n\nadvanced technology business means research and development or a business or activity that consists of, or is directly related to, the carrying out of research into, the manufacture, improvement, production, processing, assembly, marketing or sale of, or the provision of information services about or of other product or administrative support services related to, any of the following—\n\n> (a) electronic and micro-electronic systems, goods and components,\n\n> (b) information technology, computer software or hardware,\n\n> (c) instrumentation or instruments,\n\n> (d) biological, pharmaceutical, medical or paramedical systems, goods or components,\n\n> (e) telecommunications services, systems or components,\n\n> (f) other goods, systems or components intended for use in science and technology,\n\n> (g) advanced technology relating to the provision or distribution of energy,\n\n> (h) technology promoting ecologically sustainable practices, such as remediation of land.\n\nadvertising structure has the same meaning as in the Act.\n\nalter, in relation to a heritage item, means—\n\n> (a) make structural changes to the outside of the heritage item, building or work,\n\n> (b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes resulting from the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.\n\ncentre-based child care facility has the same meaning as in the standard instrument for a local environmental plan prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nclub means a building or place that is used for the gathering of persons for social, literary, political, sporting, athletic or other lawful purposes and that is or is intended to be registered under the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031).\n\ncommercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used for a land use elsewhere specifically defined in this Dictionary.\n\ncommercial support premises means a building or place used as an office or for other business or commercial purposes such as a bank, building society or other building or a place in which business-orientated support services, such as photocopying, office services and supplies are provided.\n\ncommunity facility means a building or place owned or controlled by the Council, a public authority or a religious organisation, or a body of persons associated for the physical, social, cultural, economic, intellectual or religious welfare of the community, and used for a community purpose or for the purposes of the organisation concerned.\n\ncomplying development is identified in section 6.6.\n\nconservation management plan means a document, approved by the New South Wales Heritage Council, including diagrams, establishing the heritage significance of a heritage item and identifying the conservation policies and management mechanisms that are appropriate to enable that significance to be retained.\n\ncontaminated land has the same meaning as in Part 7A of the Act.\n\ndemolition, in relation to a heritage item, building, work, relic or place, means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place, in whole or in part.\n\ndevelopment has the same meaning as in the Act.\n\ndwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.\n\neducational establishment has the same meaning as in the standard instrument for a local environmental plan prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nexempt development is identified in section 6.6.\n\nflood prone land means land that is susceptible to flooding by a 1% Annual Exceedance Probability flood event.\n\ngross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the inner face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, but excluding—\n\n> (a) columns, fin walls, shade devices, and any elements, projections or works outside the general lines of the outer face of the external wall, and\n\n> (b) lift towers, cooling towers, machinery and associated plant rooms, and ancillary storage space and vertical air conditioning ducts, and\n\n> (c) such car, coach and bicycle parking as is required to comply with any development control plan and any internal access to that parking, and\n\n> (d) space for the loading and unloading of goods, and any waste management areas, and\n\n> (e) common or public areas, including arcades and circulation space.\n\nheritage impact statement means a statement which identifies the heritage significance of a heritage item or conservation area, assesses the impact that proposed development will have on this significance and details the measures proposed to minimise this impact.\n\nheritage item means a building, work, relic, tree or place identified as a heritage item and described in Schedule 3.\n\nheritage significance means historic, scientific, cultural, social, archaeological, natural or aesthetic significance.\n\nhotel means premises, licensed under the [Liquor Act 1982](/view/html/repealed/current/act-1982-147) to sell liquor, that provide accommodation for guests which is rented or hired on a short-term basis without a residential tenancy agreement within the meaning of the [Residential Tenancies Act 1987](/view/html/repealed/current/act-1987-026).\n\nkiosk means a structure used for the provision of food and drink for the refreshment of users of the open space in which it is situated. The use must not be the dominant use of the open space.\n\nleasable floor space of a building means the gross floor area of the building, excluding public access areas such as arcades and amenities, general loading docks and car parking areas.\n\nmap means a map deposited in the office of the Department, a copy of which is deposited in the office of the Council.\n\nmaster plan means a master plan adopted by the Minister under section 6.13.\n\nmedical centre means a building or place used for the purpose of providing professional health care services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.\n\nMinister means the Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nmotel means a building (other than a boarding house or serviced apartments) primarily used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building is also used for the provision of meals to those travellers or the general public.\n\npassenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, and includes any facilities required for parking, manoeuvring, storage or routine servicing of any vehicle used to provide a passenger transport service.\n\nplace of assembly means a building or place used for functions, conferences, theatre, cinema, concerts, dances or any other similar thing, whether it is used for the purpose of gain or not, but does not include a place of public worship or an educational establishment.\n\nplace of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, instruction or religious training.\n\npublic transport facility means a building or place used for the purpose of providing passenger transport facilities to the general public, whether or not those facilities are provided by a public authority.\n\npublic utility undertaking means any services or facilities carried on by, or under the authority of, any Commonwealth or State government department or agency, or pursuant to any Commonwealth or State Act, for the purpose of providing—\n\n> (a) railway, light railway, road, water or air transport or facilities, or wharf or river services or facilities, or\n\n> (b) sewerage or drainage services, or\n\n> (c) water, hydraulic power, electricity or gas, or\n\n> (d) telecommunications facilities.\n\nrecreation area means—\n\n> (a) a children’s playground, or\n\n> (b) an area used for sporting activities, or\n\n> (c) an area used to provide for the physical, cultural or intellectual welfare of the community,\n\nbut does not include racecourses or showgrounds.\n\nrecreation facility means a building or place used exclusively for sporting or leisure activities, whether operating for the purpose of gain or not.\n\nremediation of land means—\n\n> (a) removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or\n\n> (b) eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals onto the land).\n\nresearch and development means activities carried out on a commercial basis that are aimed at advancing scientific knowledge for the purpose of applying it in an industry or aimed at creating new or improved materials, products, devices, processes or services (or at both advancing scientific knowledge for that purpose and creating any of those things), but only if the activities concerned—\n\n> (a) meet the research and development criteria of the Industry Research and Development Board of the Commonwealth for the purposes of a taxation concession under the [Income Tax Assessment Act 1936](http://www.legislation.gov.au/) of the Commonwealth, or\n\n> (b) are being funded wholly or partly by a Commonwealth or State government research and development grant.\n\nrestaurant means a building or place used for the provision of food or drink (or both), whether or not for consumption on the premises, or for takeaway.\n\nservice station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes—\n\n> (a) the hiring of trailers,\n\n> (b) the retail selling or the installing of spare parts and accessories for motor vehicles,\n\n> (c) the washing and greasing of motor vehicles,\n\n> (d) the repairing and servicing of motor vehicles (other than repairing or servicing involving body building, panel beating or spray painting).\n\nserviced apartment means a self-contained dwelling (in a building containing three or more self-contained dwellings) which is cleaned or serviced by the owner or manager of the building (or the agent of the owner or manager), and which provides short-term accommodation for persons who have their principal place of residence elsewhere, but does not include a backpackers’ hostel, boarding house, bed and breakfast establishment or private hotel.\n\nshop means a building or place used for selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Dictionary.\n\nstorey means—\n\n> (a) the space between two floors, or\n\n> (b) the space between any floor and its ceiling or roof above, or\n\n> (c) building foundation areas, garages, workshops, storerooms and the like, where the height between finished ground level and the top of the floor above is 1.5 metres or more.\n\nA storey that exceeds 4 metres in height (otherwise than in an entry foyer or a part of the building used for exhibition space) is counted as two storeys, except in the case of a warehouse.\n\nsubdivision of land has the same meaning as in the Act.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nthe Cooks Cove site means the land to which this Chapter applies.\n\nthe Council means Rockdale City Council.\n\ntourist facility means an establishment providing holiday accommodation, convention or exhibition facilities, or both, and may include—\n\n> (a) hotels, motels or serviced apartments, and\n\n> (b) conference, convention or trade exhibition facilities, and\n\n> (c) restaurants and function rooms.\n\ntrade-related enterprise means a business or government activity directly related to the carrying out of air, land or sea commerce, air passenger services or other trade, including the import or export of advanced technology goods or services, trade-related warehousing, customs agencies, freight forwarding, trade logistics and distribution, and time-sensitive goods processing.\n\nwetlands means either naturally occurring or constructed areas that support wetland vegetation or fauna.\n\nvehicle rental centre means a building or premises used to rent out vehicles and service those vehicles.\n\nZoning Map means the map marked “[Sydney Regional Environmental Plan No 33—Cooks Cove—Zoning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-eastern-harbour-city-2021)”.\n\n**Appendix 8:** Ins 2022 (769), Sch 1\\[3\\]. Am 2023 (523), Sch 2.4\\[3\\]; 2023 (524), Sch 1.2\\[1\\]; 2023 (554), Sch 2.34.","sortOrder":433},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Heritage items","content":"# Schedule 9 Heritage items\n\nSchedule 9 Heritage items\n\nAppendix 8, section 2\n\n| Suburb | Item name | Address | Property description | Significance |\n| Rozelle | Sewerage pumping station | Roberts Street | Lot 2, DP 1277236 | Local |\n| Rozelle | White Bay Power Station |  | Lot 380, DP 1277236 | Local |\n\n**sch 9:** Rep 2021 (726), Sch 9. Ins 2022 (769), Sch 1\\[5\\].","sortOrder":434}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The policy has been amended approximately 18 times since its commencement in December 2021, strongly indicating that its scope and specific provisions have evolved beyond the original instrument. Frequent amendments to planning policies of this type typically involve adding new precincts, adjusting development standards (such as height limits or permitted uses), or responding to emerging policy priorities — suggesting the scope has been progressively broadened or refined from what was originally enacted."},"complexity_factors":["Covers multiple distinct precincts across a large geographic area, each potentially with different rules and maps","Operates as an override (State Environmental Planning Policy) that interacts with and displaces local council planning instruments — understanding the interaction requires knowledge of the broader NSW planning framework","Has been amended at least 18 times since commencement in December 2021, creating a complex version history that requires careful point-in-time analysis","Incorporates planning maps and schedules that are external to the main text and essential for interpreting land use permissions","Engages with multiple other pieces of legislation including the Environmental Planning and Assessment Act 1979 and various local environmental plans","Technical land use terminology (floor space ratios, height of buildings, permissible uses) requires specialist knowledge to interpret","Frequent amendments mean the applicable rules at any given time may differ substantially from the current or original version","State-level instrument interacting with Commonwealth rules in airport-adjacent areas adds another jurisdictional layer"],"plain_english_summary":"The State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021 is a NSW government planning rule that sets and consolidates development controls across Sydney’s inner‑city and harbour precincts, giving the State — rather than local councils — final say on major projects. It determines what can be built (including sensitive waterfront and heritage areas) and directly affects developers, residents, councils, businesses and planners; it has been amended frequently, so check the current version."},"kimi_summary":{"_metrics":{"completionTokens":723},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2021 scope. Originally focused on establishing State significant precincts, it has been repeatedly amended to add new precincts (Stage 1 Bays West Precinct in 2022, Blackwattle Bay amendments), incorporate detailed design guidelines, add heritage protections, and create complex temporary use provisions. The policy now functions as a comprehensive planning code for multiple major Sydney sites rather than a simple enabling instrument."},"complexity_factors":["Multiple overlapping chapters (Parts 2-7) each with distinct precinct-specific rules","8 detailed appendices with site-specific controls (Sydney Opera House, Luna Park, Barangaroo, etc.)","Extensive cross-referencing to maps, other SEPPs, and the Environmental Planning and Assessment Act 1979","Nested conditional logic — exceptions to standards, exceptions to exceptions, and savings provisions","Multiple consent authorities (Minister, City of Sydney Council, Hornsby Council, Rockdale Council) depending on location and project type","Heritage controls with multiple tiers of significance and assessment requirements","Design excellence requirements triggering competitive design processes or design review panels","Floor space ratio calculations with complex formulas and multiple exclusion rules","Transitional provisions dealing with repealed Part 3A projects and savings for existing applications","BASIX and sustainability requirements integrated throughout"],"plain_english_summary":"This is a **State Environmental Planning Policy (SEPP)** that consolidates planning controls for major precincts in Sydney's Eastern Harbour City area. Think of it as a rulebook that overrides local council planning rules for specific important sites.\n\n**What it does:**\n- **Establishes \"State significant precincts\"** — special areas where the NSW Government (not just local councils) has direct control over development approvals. These include places like the **Sydney Opera House**, **Luna Park**, **Barangaroo**, **Redfern-Waterloo**, **Cooks Cove**, **Moore Park Showground**, and the **Bays West Precinct**.\n\n- **Sets detailed zoning rules** — for each precinct, it specifies what can be built (residential, commercial, industrial, open space), how tall buildings can be, how much floor space is allowed, and what uses are prohibited.\n\n- **Protects heritage** — special rules apply to heritage-listed buildings and areas, requiring conservation management plans and limiting demolition.\n\n- **Requires design excellence** — for major developments, competitive design processes or design review panels must be held.\n\n- **Controls development without council approval** — in some cases, the **Minister for Planning** (not the local council) becomes the \"consent authority\" who decides whether development can proceed.\n\n**Who it affects:**\n- **Property owners and developers** in these precincts — they must follow these rules instead of (or as well as) local council rules.\n- **Local councils** — their usual planning powers are reduced or overridden in these areas.\n- **The public** — these rules shape what gets built in some of Sydney's most iconic and economically important areas.\n\n**Why it matters:**\nThis policy reflects the State Government's view that these areas are too important for local decision-making alone. It aims to ensure coordinated, high-quality development that serves broader state interests — economic growth, tourism, housing supply, and environmental protection — while still protecting heritage and community amenity."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This SEPP consolidates and replaces multiple prior state precinct instruments and has been expanded since its original templates to include many specific precinct chapters, modern sustainability-linked incentives, and additional site controls. Compared with a narrow original purpose (to provide planning rules for single precincts), the instrument now: (a) covers many more precincts and site types (ports, cultural icons, tech/trade precincts, Moores Park, Sirius, Bays West, Barangaroo, etc.), (b) embeds detailed numeric ceilings, sustainability bonuses and transport/heritage compliance pathways (e.g. floor space/height bonuses tied to NABERS/BASIX/NatHERS or design competitions), and (c) increases state-level procedural mechanisms (Master Plans, Ministerial waivers, mandatory design competitions and design review panels). These additions materially broaden the policy from a standard regional precinct plan into a state-level framework for managing major, mixed‑use urban redevelopment projects with bespoke environmental, heritage and design governance."},"complexity_factors":["Large consolidated instrument combining a general framework plus at least 8 precinct‑specific appendices (app.1–app.8) and many schedules.","Dozens of statutory maps (height, floor space ratio, gross floor area, land zoning, heritage, land application, active street frontages, solar access, additional permitted uses).","Extensive defined terms and dictionaries across Schedules 2 and 8, and multiple place‑specific definitions.","Numerous precinct‑specific numerical ceilings and thresholds (e.g. Trade & Technology 270,000m2 cap s 6.14; Cooks Cove storey limits s 6.15; Sirius GFA limits app.7; Bays West site caps app.8).","Multiple cross‑references to other instruments and Acts (EP&A Act 1979, Interpretation Act 1987, Heritage Act 1977, BASIX policy, Infrastructure SEPP etc.).","Repeated exceptions-to-development-standards provisions in the main Chapter and in many appendices with record‑keeping and evidentiary requirements (e.g. s 4.35, s 5.9, and numerous appendix sections).","Layered procedural requirements: Master Plans, urban development plans, design competitions, public exhibition periods (21–40 days), and referrals to TfNSW / Port Authority / Commonwealth bodies.","Multiple consent authorities across precincts (Minister, Planning Secretary, councils, design review panels, NSW Government Architect), producing jurisdictional complexity.","Special technical and environmental documentation requirements (wetlands, soil/water, Green & Golden Bell Frog management plans, conservation management plans) with public and agency consultation obligations.","Many savings, transitional and amendment clauses (savings for prior DAs, Part 3A transitional projects), and repeated ministerial discretions to vary or adopt plans (increases interpretive complexity)."],"plain_english_summary":"**What this Instrument does (mechanics)\n\n- This State Environmental Planning Policy (SEPP) sets zoning, development controls and approval processes for a large set of state-significant precincts across the Eastern Harbour City (Greater Sydney). It is a consolidated planning instrument that:  \n  - establishes which land is in which statutory precinct and zone (maps and land‑zoning schedules),  \n  - fixes maximum building heights, floor space controls and gross floor area limits for many sites,  \n  - identifies which uses are permitted, prohibited, exempt or complying in each zone,  \n  - creates precinct-specific procedures (Master Plans, urban development plans, design competitions, management plans), and  \n  - prescribes heritage, environmental and infrastructure conditions that must be met before consent is granted.\n\n- The Policy operates by combining statewide provisions (general chapters) with precinct-specific appendices and schedules (for places such as Ultimo–Pyrmont, Eveleigh, Bays/White Bay, Barangaroo, Redfern–Waterloo, Luna Park, Walsh Bay, Cooks Cove, Moore Park Showground, Sirius, Wahroonga Estate and others). Each precinct appendix can:  \n  - override local plans for land within that precinct,  \n  - require Master Plans or adopted urban development plans for large sites, and  \n  - impose site-specific numeric limits (heights, FSR/GFA, car parking caps) and environmental/heritage conditions.\n\n- The Policy also sets processes: who decides and what documentary showings are needed. Consent authorities are mainly the relevant local council or, for particular sites, the Minister or the Planning Secretary (see the precinct-specific rules). The instrument prescribes public exhibition requirements, referral/consultation timeframes (e.g. Transport for NSW, Port Authority), and records/assessment requirements for exceptions to standards.\n\nWho this affects\n\n- Landowners and developers in the named precincts (including public authorities and private developers).  \n- Consent authorities: City councils, the Minister and the Planning Secretary, depending on the precinct and the development.  \n- Specialist public authorities consulted on applications: Transport for NSW, Port Authority of NSW, Heritage Branch, and Commonwealth agencies in some cases (e.g. airport or wetlands referrals).  \n- Heritage and community stakeholders (because of specific heritage lists, conservation plans and mandatory public exhibition steps).  \n- Businesses and residents near the precincts (affected by permitted uses, height/floor space limits, parking controls and temporary use rules).\n\nWhy it matters (practical effects and how it changes behaviour)\n\n- It sets the binding land-use rules that determine whether and how development can occur in major parts of Sydney. That affects the economic value of sites, the type and scale of projects developers can propose, and what local councils must approve. (See: zoning maps and precinct appendices.)\n\n- Numerical controls and caps (examples):  \n  - Trade & Technology Zone cap: total gross floor area ceiling and specific leasable area caps (s 6.14).  \n  - Cooks Cove height cap and storey limits (s 6.15).  \n  - Stage 1 Bays West and Barangaroo floor space/gross floor area and solar‑access maps (app.8 and app.5).  \n  - Sirius site maximum GFA depending on whether existing building is demolished (Parts 2–3 of app.7).\n\n- It creates incentives and penalties that shape private choices:  \n  - Incentives for higher environmental performance — limited FSR or floor area bonuses are available only where defined sustainability standards are met (e.g. NABERS/NatHERS/BASIX requirements; see Bays West sections on additional floor space).  \n  - Requirements that push developers toward master planning, detailed environmental management and heritage conservation (Master Plans, wetlands and frog management plans, conservation management plans). Compliance costs and time increase; projects that meet the measures may access larger built outcomes.  \n  - Where the Minister/Planning Secretary may waive or adopt alternative controls (master plan process), developers can secure site‑specific flexibility but only subject to heavy procedural controls (design competitions, public exhibition, Secretary/Minister approval).  \n\n- It reallocates decision power. The instrument routinely makes councils the consent authority but reserves specific consenting powers to the Minister or Planning Secretary for some major sites. That shifts some decisions from local planning instruments to state-level processes (see s 2.8 and precinct appendices).\n\nSource claims and testing them against costs, incentives and trade‑offs\n\n- The policy explicitly claims to \"facilitate development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance\" (s 2.1). Mechanically, it does this by providing explicit permissibilities, zoning and state‑level coordination for these precincts. The claimed facilitation is delivered by:  \n  - concentrating decision rules, maps and limits in one instrument (reducing uncertainty from overlapping local plans), and  \n  - enabling site‑wide Master Plans that can give greater certainty about allowable outcomes on large lands (Division 8, s 4.48–4.56; Cooks Cove Master Plan s 6.13).  \n\n- Costs and trade‑offs that follow from those mechanisms:  \n  - Compliance costs and delay: master plan processes, mandatory conservation/heritage statements, environmental management plans (wetlands, soil and water, Green and Golden Bell Frog) with public exhibition and consultation requirements (e.g. Cooks Cove ss 6.12, 6.16).  \n  - Concentrated benefits to owners of strategically rezoned lands and developers who can afford design competitions and lengthy approvals.  \n  - Diffuse costs to local residents and small businesses who may face changed traffic/amenity, or who lose local planning protections because the SEPP prevails in the event of inconsistency (s 2.6).  \n  - Political and capture risk: Ministerial powers to adopt or vary Master Plans and to grant flexibility (e.g. flexible heights/floor space in adopted Master Plans, ss 4.55–4.56) create discretion that can be decisive for major projects. That discretion creates bargaining value for developers but also requires transparent processes (public exhibition, design competitions) which the instrument imposes in many places.  \n\n- Opportunity costs and substitution effects: restricting certain activities (for example no residential in Bays Precinct primary port zones, s 4.13—Part 3 Bays objectives; prohibition of pawnbrokers in Ultimo‑Pyrmont s 4.57) steers land toward particular industries and uses; that generates a social choice about land use that imposes costs (lost alternative uses) balanced against the policy objective (e.g. maintaining port activity). \n\nWho pays, who decides, what changes behaviour (plain sentences)\n\n- Who pays: developers and landowners pay the direct costs of complying with Master Plans, environmental and heritage management plans, design competitions and higher standards needed to access increased FSR or height. Public authorities may carry costs where public infrastructure upgrades or acquisitions are required (e.g. transport infrastructure approvals, acquisition rules in some zones).  \n- Who decides: consent authorities (the relevant council in most cases, the Minister or Planning Secretary for specified sites), with required consultation from bodies such as Transport for NSW, Port Authority, Heritage Branch and, in some cases, Commonwealth agencies (see precinct‑specific sections).  \n- Behaviour changes expected: developers will (a) design to meet the environmental and energy thresholds where bonuses are available, (b) use Master Plan and design competition routes to achieve exceptional outcomes or increased scale, (c) avoid prohibited uses and target permitted uses in each zone, and (d) include more documentation up front (heritage impact statements, management plans).  \n\nImplementation risks and compliance burden\n\n- Implementation depends on many maps and appended documents (Master Plans, Design Guides, Place Strategies) and on inter‑agency approvals (Planning Secretary / TfNSW / Port Authority). That produces administrative complexity and multiple timeframes (21–40 day comment periods in various sections).  \n- The instrument imposes recurring compliance tasks: public exhibition steps, records of exceptions to standards, conservation management plans and design review processes. Those are predictable but resource‑intensive for both applicants and consent authorities.\n\nKey legal levers cited (examples)\n\n- Prevailing over inconsistent local instruments (s 2.6).  \n- Minister or council as consent authority depending on location and development (s 2.8; precinct appendices).  \n- Exceptions to development standards in multiple parts — consent authorities can allow departures if the applicant demonstrates compliance is unreasonable or unnecessary and there are environmental planning grounds (e.g. s 4.35 and corresponding provisions in precinct appendices).  \n- Mandatory precinct documentation: Master Plans and urban development plans with adoption/amendment and exhibition procedures (s 4.48–4.56; s 6.13 for Cooks Cove).  \n- Site-specific numeric controls and bonuses (examples: Trade & Technology caps s 6.14; Cooks Cove height s 6.15; Bays West and Barangaroo FSR/GFA and solar access protections in app.8 and app.5; Sirius GFA limits in app.7).  \n\nBottom line\n\n- This SEPP is the state’s consolidated rulebook for major precincts in the eastern harbour part of Sydney. It centralises and standardises use and development rules, privileges state-level coordination for major projects, and pairs fairly prescriptive numerical limits with procedural flexibility (master plans, exceptions to standards). That structure produces clear opportunities for coordinated large‑scale development but raises compliance costs, concentrates some discretionary power at the state level, and embeds substantive environmental and heritage safeguards that developers must satisfy to obtain larger development outcomes.\n\n(References: aims s 2.1; operation and maps ss 2.3–2.6, 2.4; consent authority and precinct rules ss 2.8, 4.11; Master Plans and urban development plans ss 4.42–4.56; exceptions to standards s 4.35 and analogous clauses in precinct appendices; Cooks Cove environmental and cap provisions ss 6.12–6.17; precinct appendices and schedules for site‑specific numeric caps and heritage controls.)"}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-precincts-eastern-harbour-city-2021","history":"/api/acts/state-environmental-planning-policy-precincts-eastern-harbour-city-2021/history","analysis":"/api/acts/state-environmental-planning-policy-precincts-eastern-harbour-city-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-precincts-eastern-harbour-city-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-precincts-eastern-harbour-city-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-precincts-eastern-harbour-city-2021/documents"}}