{"id":"nsw:epi-2015-0319","name":"Sutherland Shire Local Environmental Plan 2015","slug":"sutherland-shire-local-environmental-plan-2015","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"319 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181164,"registerId":"nsw-nsw:epi-2015-0319-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Plan","content":"#### 1 Name of Plan\n\n1.1 Name of Plan\n\n> This Plan is [Sutherland Shire Local Environmental Plan 2015](/view/html/inforce/current/epi-2015-0319).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permitted or prohibited development","content":"# Part 2 Permitted or prohibited development\n\nPart 2 Permitted or prohibited development","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Land use zones","content":"#### 2 Land use zones\n\n2.1 Land use zones\n\n> The land use zones under this Plan are as follows—\n> \n> > Residential Zones\n> \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R4 High Density Residential\n> \n> > Employment Zones\n> \n> > E1 Local Centre\n> > \n> > E2 Commercial Centre\n> > \n> > E3 Productivity Support\n> > \n> > E4 General Industrial\n> > \n> > E5 Heavy Industrial\n> \n> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP1 Special Activities\n> > \n> > SP2 Infrastructure\n> > \n> > SP3 Tourist\n> > \n> > SP4 Enterprise\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C1 National Parks and Nature Reserves\n> > \n> > C2 Environmental Conservation\n> > \n> > C3 Environmental Management\n> > \n> > C4 Environmental Living\n> \n> > Waterway Zones\n> \n> > W1 Natural Waterways\n> > \n> > W2 Recreational Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2022 (857), Sch 1.6\\[1\\]–\\[3\\].","sortOrder":14},{"sectionNumber":"pt","sectionType":"part","heading":"Land Use Table","content":"# pt Land Use Table\n\nLand Use Table\n\nNote—\n\nState environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—\n\n> [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714)\n\n> [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems\n\n> [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 2\n\n> [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 3\n\n> [State Environmental Planning Policy (Industry and Employment) 2021](/view/html/inforce/current/epi-2021-0723), Chapter 3\n\n> [State Environmental Planning Policy (Primary Production) 2021](/view/html/inforce/current/epi-2021-0729), Chapter 2\n\n**Land Use tbl:** Am 2016 (167), Sch 1 \\[1\\]; 2017 (396), Sch 1 \\[1\\] \\[2\\]; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 (621), Sch 3; 2020 (295), Sch 1\\[1\\]; 2022 (314), Sch 1; 2022 (857), Sch 1.6\\[4\\]–\\[6\\].\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R4 High Density Residential\n\nZone E1 Local Centre\n\nZone E2 Commercial Centre\n\nZone E3 Productivity Support\n\nZone E4 General Industrial\n\nZone E5 Heavy Industrial\n\nZone MU1 Mixed Use\n\nZone SP1 Special Activities\n\nZone SP2 Infrastructure\n\nZone SP3 Tourist\n\nZone SP4 Enterprise\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C1 National Parks and Nature Reserves\n\nZone C2 Environmental Conservation\n\nZone C3 Environmental Management\n\nZone C4 Environmental Living\n\nZone W1 Natural Waterways\n\nZone W2 Recreational Waterways\n\nZone W4 Working Waterfront","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Multi dwelling housing; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture","sortOrder":33},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exempt and complying development","content":"# Part 3 Exempt and complying development\n\nPart 3 Exempt and complying development","sortOrder":119},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":123},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":139},{"sectionNumber":"5","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 5 Relevant acquisition authority\n\n5.1 Relevant acquisition authority\n\n> > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone R4 High Density Residential and marked “Local road” | Council |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone SP2 Infrastructure and marked “Railway corridor” | RailCorp |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > | Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> **cl 5.1:** Am 2022 (857), Sch 1.6\\[9\\].","sortOrder":140},{"sectionNumber":"Part 6","sectionType":"part","heading":"Local provisions","content":"# Part 6 Local provisions\n\nPart 6 Local provisions","sortOrder":166},{"sectionNumber":"6","sectionType":"section","heading":"Acid sulfate soils","content":"#### 6 Acid sulfate soils\n\n6.1 Acid sulfate soils\n\n> > (1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.\n> \n> > (2) Development consent is required for the carrying out of works described in the table to this subclause on land shown on the [Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless—\n> > \n> > > (a) an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority, and\n> > \n> > > (b) the consent authority is satisfied that any disturbance of acid sulfate soils resulting from the works will be managed so as to minimise adverse impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":167},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional permitted uses","content":"# Schedule 1 Additional permitted uses\n\nSchedule 1 Additional permitted uses\n\n(Clause 2.5)\n\n**sch 1:** Am 2016 (821), cl 5; 2017 (384), Sch 1 \\[6\\]; 2017 (396), Sch 1 \\[6\\] \\[7\\]; 2019 (54), Sch 1 \\[3\\] \\[4\\]; 2019 (621), Sch 2.35; 2020 (295), Sch 1\\[9\\]; 2022 (369), Sch 1\\[2\\]; 2022 (857), Sch 1.6\\[16\\]–\\[21\\]; 2023 (445), cl 5.","sortOrder":195},{"sectionNumber":"7","sectionType":"section","heading":"Use of certain land at 15 The Avenue and 23, 27, 29 and 31 Nirimba Crescent, Heathcote","content":"#### 7 Use of certain land at 15 The Avenue and 23, 27, 29 and 31 Nirimba Crescent, Heathcote\n\n7 Use of certain land at 15 The Avenue and 23, 27, 29 and 31 Nirimba Crescent, Heathcote\n\n> > (1) This clause applies to the following land in Heathcote—\n> > \n> > > (a) 15 The Avenue, being Lot 10, DP 1110571,\n> > \n> > > (b) 23, 27, 29 and 31 Nirimba Crescent, being Lots 60 and 62–64, DP 31803.\n> \n> > (2) Development for the purposes of seniors housing is permitted with development consent.","sortOrder":202},{"sectionNumber":"8","sectionType":"section","heading":"Use of certain land at 121 Georges River Road, Jannali","content":"#### 8 Use of certain land at 121 Georges River Road, Jannali\n\n8 Use of certain land at 121 Georges River Road, Jannali\n\n> > (1) This clause applies to land at 121 Georges River Road, Jannali, being Lot 2, DP 205183.\n> \n> > (2) Development for the purposes of a medical centre and shop top housing is permitted with development consent.","sortOrder":203},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 97 Soldiers Road, Jannali","content":"#### 9 Use of certain land at 97 Soldiers Road, Jannali\n\n9 Use of certain land at 97 Soldiers Road, Jannali\n\n> > (1) This clause applies to land at 97 Soldiers Road, Jannali, being Lot 16, DP 20055.\n> \n> > (2) Development for the purpose of multi dwelling housing is permitted with development consent.","sortOrder":204},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at 1–3 Waratah Street (487 Princes Highway), Kirrawee","content":"#### 10 Use of certain land at 1–3 Waratah Street (487 Princes Highway), Kirrawee\n\n10 Use of certain land at 1–3 Waratah Street (487 Princes Highway), Kirrawee\n\n> > (1) This clause applies to land at 1–3 Waratah Street (also known as 487 Princes Highway), Kirrawee, being Lot 40, DP 790839.\n> \n> > (2) Development for the purpose of a service station is permitted with development consent.","sortOrder":205},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at 5–17 Waratah Street, Kirrawee","content":"#### 11 Use of certain land at 5–17 Waratah Street, Kirrawee\n\n11 Use of certain land at 5–17 Waratah Street, Kirrawee\n\n> > (1) This clause applies to land at 5–17 Waratah Street, Kirrawee, being Lots 37–41, DP 16900 and Lots 42A and 43B, DP 388434.\n> \n> > (2) Development for the purpose of a vehicle sales or hire premises is permitted with development consent.","sortOrder":206},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at 1 Pitt Street, Loftus","content":"#### 12 Use of certain land at 1 Pitt Street, Loftus\n\n12 Use of certain land at 1 Pitt Street, Loftus\n\n> > (1) This clause applies to land at 1 Pitt Street, Loftus, being Lots 1 and 2, DP 1064223 and Lot 1138, DP 752064.\n> \n> > (2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.","sortOrder":207},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at 84 Kareena Road, Miranda","content":"#### 13 Use of certain land at 84 Kareena Road, Miranda\n\n13 Use of certain land at 84 Kareena Road, Miranda\n\n> > (1) This clause applies to land at 84 Kareena Road, Miranda, being Lot 9A, DP 420748.\n> \n> > (2) Development for the purpose of a health services facility is permitted with development consent.","sortOrder":208},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at 870, 870A, 872 Old Princes Highway, Sutherland","content":"#### 14 Use of certain land at 870, 870A, 872 Old Princes Highway, Sutherland\n\n14 Use of certain land at 870, 870A, 872 Old Princes Highway, Sutherland\n\n> > (1) This clause applies to land at 870, 870A and 872 Old Princes Highway, Sutherland, being Lot 1, DP 120503, Lot 1, DP 120773 and Lot 1, DP 1061715.\n> \n> > (2) Development for the purpose of hotel or motel accommodation is permitted with development consent.","sortOrder":209},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at 24 Rawson Avenue, Sutherland","content":"#### 15 Use of certain land at 24 Rawson Avenue, Sutherland\n\n15 Use of certain land at 24 Rawson Avenue, Sutherland\n\n> > (1) This clause applies to land at 24 Rawson Avenue, Sutherland, being part of Lot 7023, DP 1027162 and identified as “15” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purpose of a respite day care centre is permitted with development consent.","sortOrder":210},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":211},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at 101–119 Princes Highway, Sylvania","content":"#### 17 Use of certain land at 101–119 Princes Highway, Sylvania\n\n17 Use of certain land at 101–119 Princes Highway, Sylvania\n\n> > (1) This clause applies to land at 101–119 Princes Highway, Sylvania, being Lots 1 and 2, DP 21894, Lots E and F, DP 392702, Lot 1, DP 866976, Lot 101, DP 1039848 and Lot 1, DP 1086397.\n> \n> > (2) Development for the purpose of multi dwelling housing is permitted with development consent.","sortOrder":212},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at 414–416 Princes Highway, Sylvania","content":"#### 18 Use of certain land at 414–416 Princes Highway, Sylvania\n\n18 Use of certain land at 414–416 Princes Highway, Sylvania\n\n> > (1) This clause applies to land at 414–416 Princes Highway, Sylvania, being Lot 16, DP 700140.\n> \n> > (2) Development for the purpose of a service station is permitted with development consent.","sortOrder":213},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at Taren Point in Zone W4","content":"#### 19 Use of certain land at Taren Point in Zone W4\n\n19 Use of certain land at Taren Point in Zone W4\n\n> > (1) This clause applies to land at 2–14 Atkinson Road and 13, 15, 15A, 17–21 Mangrove Lane, Taren Point, being Lots 1–19, SP 60871, Lot 132, DP 737027, Lots 1–3, SP 73897, Lot 2, DP 1075552 and Lot 100, DP 1103290.\n> \n> > (2) Development for the purpose of maritime activities is permitted with development consent.\n> \n> > (3) In this clause, maritime activities means maritime-based industries or commercial activities that depend on direct access to a navigable waterway and includes boat repairing, marinas and yacht clubs.","sortOrder":214},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at 2–14 Atkinson Road, Taren Point","content":"#### 20 Use of certain land at 2–14 Atkinson Road, Taren Point\n\n20 Use of certain land at 2–14 Atkinson Road, Taren Point\n\n> > (1) This clause applies to land at 2–14 Atkinson Road, Taren Point, being Lots 1–19, SP 60871.\n> \n> > (2) Development for the purpose of a warehouse or distribution centre is permitted with development consent.","sortOrder":215},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land at 31 Bay Road, Taren Point","content":"#### 21 Use of certain land at 31 Bay Road, Taren Point\n\n21 Use of certain land at 31 Bay Road, Taren Point\n\n> > (1) This clause applies to land at 31 Bay Road, Taren Point, being part of Lot 22, DP 715660 and identified as “21” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purpose of seniors housing is permitted with development consent.","sortOrder":216},{"sectionNumber":"22","sectionType":"section","heading":"Use of certain land at 1780–1788 Princes Highway, Waterfall","content":"#### 22 Use of certain land at 1780–1788 Princes Highway, Waterfall\n\n22 Use of certain land at 1780–1788 Princes Highway, Waterfall\n\n> > (1) This clause applies to land at 1780–1788 Princes Highway, Waterfall, being Lot 1000, DP 823991.\n> \n> > (2) Development for the purposes of multi dwelling housing and an animal boarding or training establishment is permitted with development consent.","sortOrder":217},{"sectionNumber":"23","sectionType":"section","heading":"Use of certain land at 449 Captain Cook Drive, Woolooware","content":"#### 23 Use of certain land at 449 Captain Cook Drive, Woolooware\n\n23 Use of certain land at 449 Captain Cook Drive, Woolooware\n\n> > (1) This clause applies to land at 449 Captain Cook Drive, Woolooware, being Lot 11, DP 1148476.\n> \n> > (2) Development for the purpose of a service station is permitted with development consent.","sortOrder":218},{"sectionNumber":"24","sectionType":"section","heading":"Use of certain land at 100 Woolooware Road, Woolooware","content":"#### 24 Use of certain land at 100 Woolooware Road, Woolooware\n\n24 Use of certain land at 100 Woolooware Road, Woolooware\n\n> > (1) This clause applies to land at 100 Woolooware Road, Woolooware, being Lot 2, DP 509957.\n> \n> > (2) Development for the purpose of a service station is permitted with development consent.","sortOrder":219},{"sectionNumber":"25","sectionType":"section","heading":"Use of certain land at 131 Prince Edward Park Road, Woronora","content":"#### 25 Use of certain land at 131 Prince Edward Park Road, Woronora\n\n25 Use of certain land at 131 Prince Edward Park Road, Woronora\n\n> > (1) This clause applies to land at 131 Prince Edward Park Road, Woronora, being Lot 16, DP 717701.\n> \n> > (2) Development for the purposes of a restaurant or cafe is permitted with development consent.","sortOrder":220},{"sectionNumber":"26","sectionType":"section","heading":"Use of certain land in Zone C2","content":"#### 26 Use of certain land in Zone C2\n\n26 Use of certain land in Zone C2\n\n> > (1) This clause applies to land shown edged heavy red and identified as “C” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Rebuilding, enlarging or altering an existing dwelling house is permissible with development consent if—\n> > \n> > > (a) the height of the dwelling house does not exceed 7.2 metres to any point on the uppermost ceiling and 9 metres to the highest point on the roof, and\n> > \n> > > (b) the gross floor area of the dwelling house does not increase by more than 30m2 or 10% of the existing gross floor area, whichever is the lesser, or exceed a maximum floorspace of 300m2 (inclusive of any ancillary buildings).","sortOrder":221},{"sectionNumber":"27","sectionType":"section","heading":"Use of certain land in Zone C3","content":"#### 27 Use of certain land in Zone C3\n\n27 Use of certain land in Zone C3\n\n> > (1) This clause applies to land shown edged heavy red and identified as “B” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purposes of a dual occupancy is permissible with development consent if—\n> > \n> > > (a) one of the dwellings is a lawfully constructed dwelling on the foreshore area, and\n> > \n> > > (b) that dwelling has been in existence for at least 3 years before the commencement of this Plan, and\n> > \n> > > (c) the consent authority is satisfied that the dwelling forms part of the existing character of the waterfront.\n> \n> > (3) The erection of a new dwelling that forms part of a dual occupancy on the foreshore area is prohibited.","sortOrder":222},{"sectionNumber":"28","sectionType":"section","heading":"Use of certain land in Zone C4","content":"#### 28 Use of certain land in Zone C4\n\n28 Use of certain land in Zone C4\n\n> > (1) This clause applies to land shown edged heavy red and identified as “A” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purpose of dual occupancies is permissible with development consent, but only if the area of the lot is equal to or greater than 700 square metres.","sortOrder":223},{"sectionNumber":"29","sectionType":"section","heading":"Use of certain land at New lllawarra Road, Lucas Heights","content":"#### 29 Use of certain land at New lllawarra Road, Lucas Heights\n\n29 Use of certain land at New lllawarra Road, Lucas Heights\n\n> > (1) This clause applies to land at New lllawarra Road, Lucas Heights, being Lot 101, DP 1009354, Lot 3, DP 1032102 and Lot 2, DP 605077 (also known as Lucas Heights Resource Recovery Park) and identified as “29” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purpose of a waste or resource management facility is permitted with development consent if the consent authority is satisfied that the development—\n> > \n> > > (a) improves the resource recovery capabilities of the land, and\n> > \n> > > (b) increases the waste disposal capacity of the land to meet the needs of the community, and\n> > \n> > > (c) ensures landfill is of a type and degree of compaction that is capable of supporting the future use of the land for recreation purposes, and\n> > \n> > > (d) minimises the environmental impacts of the continued operation of the land on local residents and the environment.","sortOrder":224},{"sectionNumber":"30","sectionType":"section","heading":"Use of certain land at 310 New Illawarra Road, Barden Ridge","content":"#### 30 Use of certain land at 310 New Illawarra Road, Barden Ridge\n\n30 Use of certain land at 310 New Illawarra Road, Barden Ridge\n\n> > (1) This clause applies to land at 310 New Illawarra Road, Barden Ridge, being Lot 1, DP 1229719 (also known as the Ridgeway Estate) and identified as “30” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purposes of exhibition homes and exhibition villages is permitted with development consent.","sortOrder":225},{"sectionNumber":"31","sectionType":"section","heading":"Use of land at 101–151 Port Hacking Road, Sylvania","content":"#### 31 Use of land at 101–151 Port Hacking Road, Sylvania\n\n31 Use of land at 101–151 Port Hacking Road, Sylvania\n\n> > (1) This clause applies to Lot 1, DP 1025954, 101–151 Port Hacking Road, Sylvania, identified as “Area 8” on the [Height of Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015) and the [Floor Space Ratio Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the following purposes is permitted with development consent if the consent authority is satisfied that the development is associated with seniors housing—\n> > \n> > > (a) retail premises with a gross floor area of no more than 1000m2, including individual retail premises with a gross floor area of no more than 500m2,\n> > \n> > > (b) recreation facilities (indoor) with a gross floor area of no more than 3000m2,\n> > \n> > > (c) medical centres with a gross floor area of no more than 1000m2.","sortOrder":226},{"sectionNumber":"32","sectionType":"section","heading":"Use of certain land in Zone E1","content":"#### 32 Use of certain land in Zone E1\n\n32 Use of certain land in Zone E1\n\n> > (1) This clause applies to land identified as “32” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) dual occupancies,\n> > \n> > > (b) dwelling houses,\n> > \n> > > (c) semi-detached dwellings.","sortOrder":227},{"sectionNumber":"33","sectionType":"section","heading":"Use of certain land in Zone E3","content":"#### 33 Use of certain land in Zone E3\n\n33 Use of certain land in Zone E3\n\n> > (1) This clause applies to land identified as “33” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purposes of pubs is permitted with development consent.","sortOrder":228},{"sectionNumber":"34","sectionType":"section","heading":"Use of certain land in Zone E4","content":"#### 34 Use of certain land in Zone E4\n\n34 Use of certain land in Zone E4\n\n> > (1) This clause applies to land identified as “D” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) business premises,\n> > \n> > > (b) centre-based child care facilities,\n> > \n> > > (c) health services facilities,\n> > \n> > > (d) office premises,\n> > \n> > > (e) restaurants or cafes.","sortOrder":229},{"sectionNumber":"35","sectionType":"section","heading":"Use of certain land at 147 Garnet Road, Kareela","content":"#### 35 Use of certain land at 147 Garnet Road, Kareela\n\n35 Use of certain land at 147 Garnet Road, Kareela\n\n> > (1) This clause applies to part of Lot 1142, DP 752064, 147 Garnet Road, Kareela, identified as “35” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/sutherland-shire-local-environmental-plan-2015).\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent.\n> \n> > (3) The maximum building height for a residential flat building is 16m.\n> \n> > (4) The maximum floor space ratio for a residential flat building is 0.7:1.","sortOrder":230},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development","content":"# Schedule 2 Exempt development\n\nSchedule 2 Exempt development\n\n(Clause 3.1)\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.\n\n**sch 2:** Am 2017 (396), Sch 1 \\[8\\]; 2020 (163), Sch 1\\[1\\]; 2022 (72), Sch 1.54\\[3\\]; 2022 (857), Sch 1.6\\[22\\]–\\[25\\].","sortOrder":231},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"A-frame sign boards and structures","content":"#### sch.2-sec A-frame sign boards and structures\n\nA-frame sign boards and structures\n\n> > (1) Must be an A-framed board or structure advertising goods at ground level and located outside a shop or business the premises of which are located on land in Zone E1 Local Centre and Zone E2 Commercial Centre.\n> \n> > (2) Maximum size—600mm × 900mm.\n> \n> > (3) Must not flash.\n> \n> > (4) If erected on or above any part of a public road not used for the driving or riding of motor vehicles (such as any footpath), must be set back at least 600mm from the edge of the part of the road that is used for the driving or riding of motor vehicles.\n> \n> > (5) Must not be on bush fire prone land, unless constructed of non-combustible materials.\n> \n> > (6) Must not be on contaminated land, the foreshore area or land on which there is a heritage item.\n> \n> > (7) Must not restrict any vehicular or pedestrian access to or from the site.\n> \n> > (8) Must not reduce the number of car spaces on the site of the development.\n> \n> > (9) Must not result in a lesser landscaped area than is provided for in clause 6.14.\n> \n> > (10) Must not be located within 1 metre of an easement or within the zone of influence of a sewer main, unless the development complies with any standards set by the public authority having the benefit of the easement or occupation.\n> \n> > (11) Must have the consent in writing of the owner of the land on which the board or structure is to be located.","sortOrder":232},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Demolition","content":"#### sch.2-sec-oc.2 Demolition\n\nDemolition\n\n> > (1) Must be the demolition of a structure that could be erected as exempt development under this Plan or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> \n> > (2) Must comply with AS 2601—2001, The demolition of structures.","sortOrder":233},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Events (community and fundraising)","content":"#### sch.2-sec-oc.3 Events (community and fundraising)\n\nEvents (community and fundraising)\n\n> > (1) Must not exceed 1 day, unless on community land.\n> \n> > (2) If on community land—must not exceed 3 days.\n> \n> > (3) If not on community land—must not exceed 2 days per year.\n> \n> > (4) May only operate between 8.00 am and 9.30 pm.\n> \n> > (5) Must have potable water and toilet facilities within 200m of the event.\n> \n> > (6) Must have adequate artificial lighting, if necessary, to permit safe movement of patrons.\n> \n> > (7) Must have adequate and suitable waste containers for the removal of waste at the conclusion of the event.","sortOrder":234},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Fences for swimming pools in Zone C4","content":"#### sch.2-sec-oc.4 Fences for swimming pools in Zone C4\n\nFences for swimming pools in Zone C4\n\n> Must not be on bush fire prone land, unless constructed of non-combustible materials.\n> \n> Note.\n> \n> Swimming pool fences must comply with the requirements of the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049).","sortOrder":235},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Fences (other than swimming pool fences) in Zone C4","content":"#### sch.2-sec-oc.5 Fences (other than swimming pool fences) in Zone C4\n\nFences (other than swimming pool fences) in Zone C4\n\n> > (1) Must not be constructed or installed—\n> > \n> > > (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or\n> > \n> > > (b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or\n> > \n> > > (c) on a flood control lot within the meaning of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), or\n> > \n> > > (d) on land that is identified as being in a foreshore area.\n> \n> > (2) Must not be higher than 1.8m above ground level (existing).\n> \n> > (3) Must not be of masonry construction to a height that is more than 1.2m above ground level (existing).\n> \n> > (4) If it includes an entrance gate—must not have a gate that opens outwards.\n> \n> > (5) If it is located in a core koala habitat within the meaning of [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 3 or 4 or in a movement corridor used by koalas—must be constructed or installed in accordance with any relevant council policy or guideline under that Policy.\n> \n> > (6) If it is located on bush fire prone land—must be constructed of non-combustible materials or hardwood.\n> \n> > (7) If it is constructed of metal components—must be of low reflective, factory pre-coloured materials.\n> \n> > (8) Must not be an electrical fence or use barbed wire.\n> \n> > (9) If located along the boundary of, or within the setback area to, a primary or secondary road—\n> > \n> > > (a) must not be more than 1.2m above ground level (existing), and\n> > \n> > > (b) must be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.\n> \n> > (10) If a lot has a frontage to a secondary road or roads, subclause (9) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.\n> \n> > (11) Subclause (9)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.\n> \n> > (12) Despite subclauses (2) and (9), if the fence is erected on a sloping site and stepped to accommodate the fall in the land—\n> > \n> > > (a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and\n> > \n> > > (b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.\n> > \n> > Note.\n> > \n> > If the fence is a dividing fence, the [Dividing Fences Act 1991](/view/html/inforce/current/act-1991-072) also applies.","sortOrder":236},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Luminous pole signs","content":"#### sch.2-sec-oc.6 Luminous pole signs\n\nLuminous pole signs\n\n> > (1) Must not exceed 5.5m in height.\n> \n> > (2) Must not exceed 1.5m in width.\n> \n> > (3) Must not obstruct sight lines to traffic signals or intersections.\n> \n> > (4) Clearance between structure and kerb must allow for heavy vehicle overhang at intersections.\n> \n> > (5) Must not obstruct existing footpaths.\n> \n> > (6) Where no footpath exists—a minimum of 1.5m clearance for pedestrian access within the nature strip must be maintained at all times.\n> \n> > (7) No more than 2 structures per intersection.\n> \n> > (8) Must be constructed by or on behalf of the Council.\n> \n> > (9) Must not flash.\n> \n> > (10) If erected on or above any part of a public road not used for the driving or riding of motor vehicles (such as any footpath), must be set back at least 600mm from the edge of the part of the road that is used for the driving or riding of motor vehicles.\n> \n> > (11) Must not be on bush fire prone land, unless constructed of non-combustible materials.\n> \n> > (12) Must not be on contaminated land, the foreshore area or land on which there is a heritage item.\n> \n> > (13) Must not restrict any vehicular or pedestrian access to or from the site.\n> \n> > (14) Must not reduce the number of car spaces on the site of the development.\n> \n> > (15) Must not result in a lesser landscaped area than is provided for in clause 6.14.\n> \n> > (16) Must not be located within 1 metre of an easement or within the zone of influence of a sewer main, unless the development complies with any standards set by the public authority having the benefit of the easement or occupation.\n> \n> > (17) Must have the consent in writing of the owner of the land on which the sign is to be located.","sortOrder":237},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signage—bus shelter and bus stop seat advertising","content":"#### sch.2-sec-oc.7 Signage—bus shelter and bus stop seat advertising\n\nSignage—bus shelter and bus stop seat advertising\n\n> > (1) Must be located on or in a bus shelter or on a bus stop seat.\n> \n> > (2) Must not flash.","sortOrder":238},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Signs on roll down blinds and awnings","content":"#### sch.2-sec-oc.8 Signs on roll down blinds and awnings\n\nSigns on roll down blinds and awnings\n\n> > (1) Must be roll down blinds and awnings attached to premises on land in Zone E1 Local Centre and Zone E2 Commercial Centre.\n> \n> > (2) Must not cover more than 20% of the area of the blind or awning.\n> \n> > (3) Must relate to the use of premises on which the sign is installed.\n> \n> > (4) Must not flash or be displayed on, or erected above, the parapet or eaves of a building.\n> \n> > (5) Must not cover mechanical ventilation inlets or outlets.\n> \n> > (6) If erected on or above any part of a public road not used for the driving or riding of motor vehicles (such as any footpath), must be set back at least 600mm from the edge of the part of the road that is used for the driving or riding of motor vehicles.\n> \n> > (7) Must not be on bush fire prone land, unless constructed of non-combustible materials.\n> \n> > (8) Must not be on contaminated land, the foreshore area or land on which there is a heritage item.\n> \n> > (9) Must not restrict any vehicular or pedestrian access to or from the site.\n> \n> > (10) Must not reduce the number of car spaces on the site of the development.\n> \n> > (11) Must not result in a lesser landscaped area than is provided for in clause 6.14.\n> \n> > (12) Must not be located within 1m of an easement or within the zone of influence of a sewer main, unless the development complies with any standards set by the public authority having the benefit of the easement or occupation.\n> \n> > (13) Must have the consent in writing of the owner of the land on which the advertising or work is to be located.","sortOrder":239},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.\n\n**sch 3:** Am 2016 (36), Sch 1 \\[1\\] \\[2\\]; 2016 No 27, Sch 2.48 \\[1\\]–\\[3\\]; 2016 (647), cl 4; 2017 (350), Sch 1.6; 2020 (69), Sch 1.11\\[3\\]–\\[8\\]; 2020 (163), Sch 1\\[2\\]–\\[16\\]; 2020 (387), cl 4; 2022 (72), Sch 1.54\\[4\\]; 2022 (183), Sch 1\\[14\\]; 2022 (857), Sch 1.6\\[26\\]; 2023 (83), Sch 1.8\\[2\\].","sortOrder":240},{"sectionNumber":"Division 1","sectionType":"division","heading":"Development that is complying development under this Part","content":"## Division 1 Development that is complying development under this Part\n\nDivision 1 Development that is complying development under this Part","sortOrder":242},{"sectionNumber":"Division 2","sectionType":"division","heading":"Development standards that apply to new dwelling houses, alterations or additions to dwelling houses and ancillary development","content":"## Division 2 Development standards that apply to new dwelling houses, alterations or additions to dwelling houses and ancillary development\n\nDivision 2 Development standards that apply to new dwelling houses, alterations or additions to dwelling houses and ancillary development","sortOrder":248},{"sectionNumber":"Division 3","sectionType":"division","heading":"Additional development standards only for new dwelling houses or alterations or additions to dwelling houses","content":"## Division 3 Additional development standards only for new dwelling houses or alterations or additions to dwelling houses\n\nDivision 3 Additional development standards only for new dwelling houses or alterations or additions to dwelling houses","sortOrder":256},{"sectionNumber":"Division 4","sectionType":"division","heading":"Additional development standards only for ancillary development","content":"## Division 4 Additional development standards only for ancillary development\n\nDivision 4 Additional development standards only for ancillary development","sortOrder":268},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec General conditions\n\nGeneral conditions\n\n> Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).","sortOrder":279},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"Provision of information to Council relating to certain Council property","content":"#### sch.3-sec-oc.2 Provision of information to Council relating to certain Council property\n\nProvision of information to Council relating to certain Council property\n\n> > (1) Prior to work commencing, the current condition of any property owned or controlled by the Council that is in the vicinity of the development must be documented and photographed.\n> \n> > (2) Those documents and photographs must be provided to the Council at or before the time that notice to commence demolition or the erection of a building is given to the Council.\n> \n> Note.\n> \n> Clause 136M of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) requires certain complying development certificates to be issued subject to conditions requiring the provision of security relating to potential damage to council property.","sortOrder":280},{"sectionNumber":"sch.3-sec-oc.3","sectionType":"section","heading":"Removal or pruning of trees or other vegetation","content":"#### sch.3-sec-oc.3 Removal or pruning of trees or other vegetation\n\nRemoval or pruning of trees or other vegetation\n\n> If the development involves the removal or pruning of a tree or other vegetation that requires a permit granted by the Council under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 2, Part 2.3, or development consent, the permit or development consent must be granted before work commences.\n> \n> Note—\n> \n> A permit for the removal or pruning of a tree or other vegetation may be granted under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 2, Part 2.3. Development consent for the removal of native vegetation may be granted under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).","sortOrder":281},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Classification and reclassification of public land","content":"# Schedule 4 Classification and reclassification of public land\n\nSchedule 4 Classification and reclassification of public land\n\n(Clause 5.2)\n\n**sch 4:** Am 2017 (137), cl 5 (1); 2017 (504), cl 5.","sortOrder":282},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Environmental heritage","content":"# Schedule 5 Environmental heritage\n\nSchedule 5 Environmental heritage\n\n(Clause 5.10)\n\n**sch 5:** Am 2015 No 58, Sch 2.28 \\[2\\]; 2017 (384), Sch 1 \\[7\\]–\\[165\\]; 2017 (396), Sch 1 \\[9\\]; 2020 (133), cl 5; 2020 (766), Sch 1\\[1\\] \\[2\\].","sortOrder":286},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Pond-based and tank-based aquaculture","content":"# Schedule 6 Pond-based and tank-based aquaculture\n\nSchedule 6 Pond-based and tank-based aquaculture\n\n(Clause 5.19)","sortOrder":289}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":702},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive local environmental plan. While it has been amended multiple times (as evidenced by amendment notes throughout), these appear to be incremental updates rather than scope expansion. The plan covers standard LEP functions: zoning, development standards, heritage protection, and environmental management appropriate for a local government area."},"complexity_factors":["22 separate land use zones with detailed permitted/prohibited use tables","Over 400 individually listed heritage items and archaeological sites with specific protection requirements","Multiple overlay maps referenced throughout (height, floor space ratio, lot size, landscape area, acid sulfate soils, biodiversity, groundwater, riparian lands, natural landforms, heritage, aircraft noise, bushfire, flood planning)","Nested exceptions and conditional provisions — e.g., height limits with 6 specific 'Area' exceptions allowing additional metres if public benefits provided","Cross-references to at least 15 other Acts and numerous State Environmental Planning Policies","Detailed complying development standards in Schedule 3 with 4 separate divisions of technical requirements","Multiple savings and transitional clauses dealing with overlapping planning instruments and amendment histories","Site-specific provisions for 35+ individual properties in Schedule 1, each with unique development rules"],"plain_english_summary":"This is the **Sutherland Shire Local Environmental Plan 2015**, a planning rulebook that controls what can be built and how land can be used across Sydney's Sutherland Shire area (covering suburbs like Cronulla, Sutherland, Caringbah, and Miranda).\n\n**What it does:**\n- **Zones every parcel of land** into categories like residential (R2–R4), employment (E1–E5), conservation (C1–C4), and waterways (W1–W4). Each zone has rules about what buildings and activities are allowed.\n- **Sets development standards** including minimum lot sizes for subdivisions, maximum building heights, floor space ratios (how much floor area you can build relative to your land size), and landscaped area requirements.\n- **Protects the environment** through special clauses for bushland, waterways, acid sulfate soils, groundwater, and areas with high biodiversity or heritage value.\n- **Manages hazards** like flooding, bushfire risk, and aircraft noise from Sydney Airport.\n- **Lists heritage items** — over 400 protected buildings, archaeological sites, and natural features that can't be demolished or altered without special approval.\n- **Allows some development without approval** (exempt development like certain fences and signs) and fast-tracks other projects through \"complying development\" certificates.\n\n**Who it affects:**\n- **Property owners and developers** — anyone wanting to build, subdivide, or change land use must check their zone and comply with these rules.\n- **Council planners** — Sutherland Shire Council uses this to assess development applications.\n- **Residents** — the plan shapes neighbourhood character, protects green space, and limits overdevelopment.\n\n**Why it matters:**\nThis plan balances growth with environmental protection. It aims to keep the Shire's bushland, waterways, and coastal areas healthy while allowing appropriate housing and business development. It also responds to specific local issues like the Lucas Heights nuclear reactor buffer zone, Kurnell Peninsula emergency risks, and aircraft noise corridors."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has expanded beyond a simple uniform local zoning instrument into a detailed, site‑specific regulatory package. Since its original framing it has accumulated many targeted amendments and new local provisions that materially broaden scope: \n\n- site‑specific bonuses and exceptions (multiple mapped ‘Area’ height/FSR increases at cl 4.3(2E) and cl 4.4(2A); Schedule 1 additional permitted uses) that create bespoke entitlements for particular parcels; \n- new environmental and hazard overlays and policies added or revised over time (flood planning clauses cl 5.21–5.22 substituted 2023; public bushland clause cl 5.23 inserted 2022; expanded terrestrial biodiversity, riparian and groundwater vulnerability overlays in Part 6); \n- added procedural and substantive rules (suspension of covenants cl 1.9A; energy efficiency and sustainable materials obligations cl 6.15; musical performance protections for licensed premises cl 5.20); and\n- location‑specific precinct controls and incentives (Caringbah Medical Precinct cl 6.21; Kurnell Village and Peninsula provisions cl 4.1D and cl 6.19; airspace and aircraft noise rules cl 6.12–6.13). \n\nThese additions reflect an accretion of local, site‑based policy choices and technical overlays that go beyond the Plan’s original general zoning framework, concentrating benefits on particular sites while placing additional regulatory constraints and technical requirements across others."},"complexity_factors":["Large instrument with many Parts (at least 6 Parts plus extensive Schedules) and numerous subclauses","Extensive cross‑references to State and Commonwealth instruments (multiple SEPPs, Building Code of Australia, Australian Standards, various NSW Acts and guidelines)","Many maps and overlays drive site‑specific rules (Land Zoning Map, Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, multiple Environmentally Sensitive Land maps, Activity Hazard Risk Map, Landscape Area Map, Land Reservation Acquisition Map)","Numerous defined local areas and site‑specific clauses (multiple ‘Area’ bonuses in cl 4.3(2E) & cl 4.4(2A), Schedule 1 additional permitted uses, Schedule 4 public land reclassification)","Large heritage and archaeological schedules listing hundreds of items (Schedule 5) creating many site‑specific consent triggers","Multiple conditional and nested exceptions (eg. subdivision rules with exceptions cl 4.1, cl 4.1AA, cl 4.1A; exceptions to development standards cl 4.6 with exclusions)","Detailed complying and exempt development rules with technical performance standards and exclusions (Part 3, Schedules 2–3)","Numerous technical performance standards referencing external manuals and standards (Acid Sulfate Soils Manual, Considering Flooding guideline, AS standards, BASIX)","Frequent amendments over time incorporated into the Plan (many amendment notes in clauses), increasing interpretive complexity","A mix of general rules and bespoke site‑specific discretionary powers increases administrative discretion and unpredictability (eg. heritage incentives cl 5.10(10), Council discretion under many clauses)"],"plain_english_summary":"**What this Plan does (mechanics)**\n\n- The Sutherland Shire Local Environmental Plan 2015 (the Plan) sets local land‑use rules for the Sutherland Shire. It does so by: zoning land (Part 2, cl 2.1–2.3), adopting maps that show where zones, floor‑space ratios, heights, lot sizes and local overlays apply (cl 1.7; cl 2.2; mappings throughout Parts 4–6), and listing what uses are permitted, permitted with consent, permitted without consent (exempt) and prohibited (Land Use Table in Part 2). \n\n- The Plan makes the local council the consent authority for most development (cl 1.6) and sets when development consent is required (for example for subdivision (cl 2.6) and demolition (cl 2.7)), and when development can be carried out without consent as exempt or as complying development (Part 3, cl 3.1–3.3 and Schedules 2–3).\n\n- It fixes principal development controls: minimum lot sizes and subdivision rules (cl 4.1, 4.1AA–4.1E), maximum building heights (cl 4.3), floor‑space ratios (cl 4.4–4.5), and specific density exemptions or bonuses for certain mapped areas (cl 4.3(2E), cl 4.4(2A), cl 4.5A). It also contains standard exception rules allowing flexibility where the consent authority is satisfied (cl 4.6).\n\n- The Plan adds a long list of local provisions that control environmental risks and values: flooding and flood planning (cl 5.21–5.22), public bushland protection (cl 5.23), stormwater and earthworks (cl 6.4, cl 6.2), acid sulfate soils (cl 6.1), and various biodiversity, riparian and natural landform protections tied to mapped “Environmentally Sensitive Land” overlays (cl 6.5–6.8).\n\n- It establishes heritage controls and a detailed heritage schedule listing heritage items and archaeological sites across the LGA, and requires consent (or heritage assessments) for work affecting those items or areas (cl 5.10; Schedule 5).\n\n- The Plan contains a number of local, site‑specific rules and incentives: e.g. Caringbah Medical Precinct development rules allowing greater height and floor‑space for health facilities subject to design and landscaping conditions (cl 6.21); Kurnell and refinery/airport buffer restrictions on certain residential densities and uses (cl 6.19, cl 6.13); a range of additional permitted uses for specific lots in Schedule 1.\n\n- The Plan references and sits under State Environmental Planning Policies (SEPPs) and other State or Commonwealth laws: where a SEPP prevails it will modify or displace the Plan (cl 1.9). It also cross‑references the Building Code, Australian Standards, NSW environmental guidance (eg. Considering Flooding in Land Use Planning Guideline) and other Acts for technical requirements.\n\n\n**Who is affected**\n\n- Private landowners and developers: the Plan defines what they may build, where, and the design and environmental standards they must meet (zones, heights, FSR, lot sizes, landscaped area, heritage and environmental requirements). \n\n- Residents and neighbours: the Plan shapes local amenity, building scale, setbacks, landscaped areas and protections for bushland, foreshores and heritage places. \n\n- Council and State agencies: Council is the primary consent authority (cl 1.6) and must apply the Plan and associated guidelines; State agencies retain powers where SEPPs or other Acts apply (cl 1.9; various clauses referring to State policies and approvals). \n\n- Specific sectors: health services (Caringbah precinct, cl 6.21), aquaculture operators (cl 5.19 and Schedule 6), hospitality and licensed premises (noise and music protections, cl 5.20), and industries affected by airspace or aircraft noise overlays (cl 6.12–6.13).\n\n\n**Why it matters (practical effects and decision mechanics)**\n\n- The Plan defines property rights in practice: permitted uses, the need for consent, and the measurable limits (height, FSR, lot sizes). That directly affects project feasibility, construction cost, permitted density and potential land value for particular sites (see cl 4.3, 4.4, 4.1, Schedule 1).\n\n- Design and environmental obligations shift costs and constraints onto applicants: heritage assessments, acid sulfate soils management plans (cl 6.1), stormwater and landscaping requirements (cl 6.4; cl 6.14), and flood or bushfire risk measures (cl 5.21; Part 3 complying development exclusions). \n\n- The Plan contains both general rules and bespoke, site‑specific incentives or exceptions (e.g. mapped “Area” bonuses for height/FSR in cl 4.3(2E) and cl 4.4(2A), and Schedule 1 additional permitted uses). These create concentrated value for owners of certain sites and create discontinuities in entitlement across the LGA.\n\n\n**Source’s claimed purpose, and a quick test of trade‑offs**\n\n- The Plan says its purpose is to implement local environmental planning for Sutherland Shire and to balance development with ecological, social and economic sustainability (cl 1.2). That stated aim is implemented mechanically by zoning, mapped controls and development criteria.\n\n- Trade‑offs and incentive structure observed in the instrument:\n  - Benefits concentrated: mapped ‘bonus’ areas and site‑specific permitted uses (Schedules/Area maps; cl 4.3(2E), cl 4.4(2A), Schedule 1) give clear, high value gains to particular landowners. These raise the prospect of rent capture by those owners and make the Plan’s distributional effect highly concentrated.\n  - Diffuse costs: broader controls—heritage, bushland, foreshore, flood, and landscaped area percentages (cl 5.10; cl 5.23; cl 6.9; cl 6.14)—impose compliance costs on many applicants and reduce developable area or increase the cost of meeting conditions.\n  - Implementation risk and discretion: many outcomes depend on Council judgment (eg. considering objectives for zones cl 2.3(2), and discretionary use of cl 4.6 exceptions). That produces administrable flexibility but increases uncertainty for applicants and requires Council capacity to apply complex, technical rules (heritage assessments, flood risk, BASIX links, acid sulfate soils plans).\n  - Substitution effects: minimum lot sizes, internal lot rules and controls on dual occupancies (cl 4.1, 4.1A–4.1E) shape whether growth occurs via subdivision, multi‑dwelling housing or redevelopment; tightening one lever shifts pressure to others.\n\n\n**Who pays, who decides, what changes behaviour (plain sentences)**\n\n- Developers and landowners pay for compliance: planning applications, technical reports (heritage, flood, soils), additional landscaping or infrastructure conditions (clauses across Parts 4–6). \n- The Council decides most consents (cl 1.6) but must apply State policies where they prevail (cl 1.9) and consult/notify certain State bodies for heritage and other matters (cl 5.10(7)–(9)). \n- Behaviour changes: applicants will design to mapped height/FSR and landscaped targets, avoid sensitive overlays, or seek mapped amalgamations and site‑specific concessions where profitable (see cl 4.4(2A) and the Area‑based bonuses). Applicants may also shift to complying development routes or exempt works when possible to reduce approval time (Part 3 and Schedules 2–3).\n\n\n**Key specific provisions to note for practice**\n\n- Music and licensed premises: a consent authority may not refuse consent merely because of the genre, live or amplified nature of music, dancing, or stage orientation, and cannot refuse on noise grounds if the noise can be managed to an acceptable level (cl 5.20). That limits a common ground for refusal of hospitality uses.\n\n- Suspension of private covenants: the Plan contains an express power to suspend private covenants, agreements or similar instruments to the extent necessary to allow development consistent with the Plan, with listed exceptions (cl 1.9A). That alters the interplay between private encumbrances and planning approvals.\n\n- Environment and hazard overlays: mapped constraints (Environmentally Sensitive Land maps, Acid Sulfate Soils Map, Flood Planning Area, Activity Hazard Risk Map) bring site‑specific technical obligations (cl 6.1; cl 3.3; cl 5.21; cl 6.19). Applicants must check the maps and prepare the required studies.\n\n\n**Practical takeaway for a developer, owner or resident**\n\n- Check the Plan’s maps for your parcel (zone, height, FSR, lot size, landscape percentage, and overlays) before assuming what you can build (cl 1.7; cl 2.2; cl 4.3; cl 4.4; cl 6.14). \n- Special local incentives and restrictions are highly site specific (Schedule 1; cl 4.3(2E); cl 4.4(2A); cl 6.21). A development that is feasible on one block may be prohibited or heavily conditioned on a neighbouring block.\n- Expect development costs to include technical reports where overlays apply (heritage, flood, soils, biodiversity) and to face council discretion on exceptions to standards (cl 4.6).\n\n"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has been amended more than 60 times since its commencement in June 2015, indicating significant evolution from its original form. While the core purpose — land use planning for Sutherland Shire — has remained constant, the specific rules around permitted uses, height limits, and other development standards have materially changed across multiple amendments, reflecting shifting planning priorities, state government policy changes, and site-specific rezoning decisions."},"complexity_factors":["Over 60 amendments since 2015, creating a highly layered and evolving legal document that requires version tracking to understand what rules applied at any given time","Operates under the Environmental Planning and Assessment Act 1979, meaning users must cross-reference state legislation to fully understand their obligations","Uses a standardised 'standard instrument' template but with extensive local variations, requiring knowledge of both the template and local modifications","Zone-based system with multiple land use zones, each containing permitted uses, prohibited uses, and consent-required uses — creating a matrix of rules","Interacts with other planning instruments (State Environmental Planning Policies / SEPPs) that can override or modify its provisions","Highly geographic in nature — rules vary lot-by-lot based on maps, so the document text alone is insufficient without reference to planning maps","Frequent amendments mean determining the applicable rule at a specific past date requires navigating point-in-time versions"],"plain_english_summary":"The Sutherland Shire Local Environmental Plan 2015 is the statutory rulebook that decides what can be built, where, and how big within the Shire — zoning, height limits, floor space, heritage and environmental controls, and approval triggers. It affects homeowners, developers, businesses, investors and neighbours. The plan has been amended many times (most recently 19 September 2025), so anyone planning works must check the current version before proceeding."}},"importantCases":[],"_links":{"self":"/api/acts/sutherland-shire-local-environmental-plan-2015","history":"/api/acts/sutherland-shire-local-environmental-plan-2015/history","analysis":"/api/acts/sutherland-shire-local-environmental-plan-2015/analysis","conflicts":"/api/acts/sutherland-shire-local-environmental-plan-2015/conflicts","importantCases":"/api/acts/sutherland-shire-local-environmental-plan-2015/important-cases","documents":"/api/acts/sutherland-shire-local-environmental-plan-2015/documents"}}