{"id":"nsw:epi-2012-0540","name":"Waverley Local Environmental Plan 2012","slug":"waverley-local-environmental-plan-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"540 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181403,"registerId":"nsw-nsw:epi-2012-0540-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 [Waverley Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0540).","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> > Mixed Use Zones\n> \n> > MU1 Mixed Use\n> \n> > Special Purpose Zones\n> \n> > SP2 Infrastructure\n> \n> > Recreation Zones\n> \n> > RE1 Public Recreation\n> > \n> > RE2 Private Recreation\n> \n> > Conservation Zones\n> \n> > C2 Environmental Conservation\n> \n> **cl 2.1:** Am 2022 (589), Sch 1\\[5\\]; 2022 (828), Sch 1.24\\[1\\].","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 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2017 (729), Sch 1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2020 (631), Sch 1\\[1\\]; 2021 (71), Sch 1\\[1\\]; 2021 (714), Sch 10.21; 2022 (314), Sch 1; 2022 (589), Sch 1\\[6\\]–\\[18\\]; 2022 (828), Sch 1.24\\[2\\].\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 MU1 Mixed Use\n\nZone SP2 Infrastructure\n\nZone RE1 Public Recreation\n\nZone RE2 Private Recreation\n\nZone C2 Environmental Conservation","sortOrder":30},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; 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":71},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":75},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":86},{"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/waverley-local-environmental-plan-2012) (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Zone RE1 Public Recreation and marked “Local open space” | Council |\n> > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |\n> > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |\n> > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |\n> > | Zone R2 Low Density Residential and marked “Classified Road” | Transport for NSW |\n> > | Zone R3 Medium Density Residential and marked “Classified Road” | Transport for NSW |\n> > | Zone MU1 Mixed Use and marked “Road” | Council |\n> \n> > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.\n> \n> Note.\n> \n> If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).\n> \n> **cl 5.1:** Am 2020 No 30, Sch 4.118; 2022 (828), Sch 1.24\\[5\\].","sortOrder":87},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional local provisions","content":"# Part 6 Additional local provisions\n\nPart 6 Additional local provisions","sortOrder":114},{"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/waverley-local-environmental-plan-2012) as being of the class specified for those works.\n> > \n> > | Class of land | Works |\n> > | 1 | Any works. |\n> > | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |\n> > | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |\n> > | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |\n> > | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |\n> \n> > (3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.\n> \n> > (4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—\n> > \n> > > (a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and\n> > \n> > > (b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.\n> \n> > (5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—\n> > \n> > > (a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,\n> > \n> > > (b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),\n> > \n> > > (c) minor work, being work that costs less than $20,000 (other than drainage work).\n> \n> > (6) Despite subclause (2), development consent is not required under this clause to carry out any works if—\n> > \n> > > (a) the works involve the disturbance of less than 1 tonne of soil, and\n> > \n> > > (b) the works are not likely to lower the watertable.","sortOrder":115},{"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 2014 (367), Sch 1 \\[2\\] \\[3\\]; 2014 (588), Sch 1 \\[2\\]; 2020 (403), Sch 1\\[2\\]; 2020 (568), cl 4; 2021 (645), Sch 1\\[3\\]; 2022 (828), Sch 1.24\\[10\\] \\[11\\].","sortOrder":134},{"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 2020 (631), Sch 1\\[5\\]; 2024 (309), Sch 1.","sortOrder":141},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Driveways for non-domestic purposes","content":"#### sch.2-sec Driveways for non-domestic purposes\n\nDriveways for non-domestic purposes\n\n> > (1) Must be associated with access to an open hard stand space, a carport or garage.\n> \n> > (2) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.\n> \n> > (3) Must be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners.\n> \n> > (4) Must not require cut or fill more than 600mm nor be elevated or suspended below or above ground level (existing).\n> \n> > (5) Must not be wider than the open shared stand space, carport or garage with which it is associated.\n> \n> > (6) Must be constructed in accordance with Australian Standard AS 2890.1—1993, Parking facilities–Off-street car parking.\n> \n> > (7) Must not require a new gutter crossing.","sortOrder":142},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Earthworks and retaining walls for non-domestic purposes","content":"#### sch.2-sec-oc.2 Earthworks and retaining walls for non-domestic purposes\n\nEarthworks and retaining walls for non-domestic purposes\n\n> > (1) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.\n> \n> > (2) Must be located at least 900mm from each lot boundary.\n> \n> > (3) Must not require cut or fill more than 600mm below or above ground level (existing).\n> \n> > (4) If a retaining wall—\n> > \n> > > (a) must not be higher than 600mm (including the height of any batters) above ground level (existing), and\n> > \n> > > (b) if it is on a sloping site and stepped to accommodate the fall in the land—must not be higher than 800mm above ground level (existing) at each step, and\n> > \n> > > (c) must have adequate drainage lines behind it.\n> \n> > (5) Must not redirect the flow of surface water onto an adjoining property.\n> \n> > (6) Surface water must be disposed of without causing a nuisance to adjoining owners.\n> \n> > (7) Must be located at least 1m from any registered easement, sewer main or water main.\n> \n> > (8) If the fill is more than 150mm deep—must not occupy more than 50% of the landscaped area.\n> \n> > (9) If it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—must be located in the rear yard.\n> \n> > (10) Must be located at least 50m from a waterbed (natural).","sortOrder":143},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Pathways and paving for non-domestic purposes","content":"#### sch.2-sec-oc.3 Pathways and paving for non-domestic purposes\n\nPathways and paving for non-domestic purposes\n\n> > (1) Must be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners.\n> \n> > (2) Must not require cut or fill more than 600mm below or above ground level (existing).\n> \n> > (3) Must not have an area more than 15% of the floor area of the associated development.","sortOrder":144},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Pergolas (open) for non-domestic purposes","content":"#### sch.2-sec-oc.4 Pergolas (open) for non-domestic purposes\n\nPergolas (open) for non-domestic purposes\n\n> > (1) Must not be roofed or enclosed.\n> \n> > (2) Maximum height—2.4m above ground level (natural).\n> \n> > (3) Must be located at least 900m2 from each lot boundary.\n> \n> > (4) Maximum pergola floor area—20m2.","sortOrder":145},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Restaurants or cafes (located on the footway of a public road)","content":"#### sch.2-sec-oc.5 Restaurants or cafes (located on the footway of a public road)\n\nRestaurants or cafes (located on the footway of a public road)\n\n> > (1) Must be associated with an approved restaurant or cafe on the adjoining property.\n> \n> > (2) Must maintain continuous pedestrian paths of travel along the footpath and not obstruct access to neighbouring properties.\n> \n> > (3) Must not have furniture within 3m of a bus stop or taxi stand.\n> \n> > (4) Must have obtained an approval under section 125 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033).","sortOrder":146},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Scaffolding, hoardings and temporary construction site fences (being development to which State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply)","content":"#### sch.2-sec-oc.6 Scaffolding, hoardings and temporary construction site fences (being development to which State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply)\n\nScaffolding, hoardings and temporary construction site fences (being development to which [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) does not apply)\n\n> > (1) Must enclose the works area.\n> \n> > (2) The vertical height above footpath level of the structure being erected or demolished must be less than 4m.\n> \n> > (3) If it is a temporary construction site fence adjoining, or on, a public place, must be covered in chain wire mesh.\n> \n> > (4) Must be removed immediately after the purpose for which it was erected has finished and when no safety issue will arise from its removal.","sortOrder":147},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Signage (initial installation of building identification signs or a business identification signs)","content":"#### sch.2-sec-oc.7 Signage (initial installation of building identification signs or a business identification signs)\n\nSignage (initial installation of building identification signs or a business identification signs)\n\n> > (1) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a heritage conservation area or draft heritage conservation area.\n> \n> > (2) Must not cover mechanical ventilation inlets or outlet vents.\n> \n> > (3) If the sign is a flush wall sign—\n> > \n> > > (a) must not be illuminated, and\n> > \n> > > (b) must not exceed maximum dimensions—300mm high and 450mm long, and\n> > \n> > > (c) maximum of 1 sign per site.\n> \n> > (4) If the sign is a fascia sign—\n> > \n> > > (a) must not be illuminated, and\n> > \n> > > (b) must not project above or below the fascia or return end of the awning, and\n> > \n> > > (c) must be flush with the fascia.\n> \n> > (5) If the sign is a top hamper sign—\n> > \n> > > (a) if illuminated—must have electrical conduits taken directly into the building, and\n> > \n> > > (b) must be flush to the external face of the shop front and must not project more than 150mm beyond the face of the building, and\n> > \n> > > (c) maximum of 1 sign per site, and\n> > \n> > > (d) must not extend below the head of the doorway or window to which it is attached, and\n> > \n> > > (e) must be setback 600mm from the side boundary.\n> \n> > (6) If the sign is an under awning sign—\n> > \n> > > (a) if illuminated—must have electrical conduits taken directly into the building, and\n> > \n> > > (b) must not project beyond the awning, and\n> > \n> > > (c) maximum of 1 sign per site, and\n> > \n> > > (d) must be erected horizontal to the ground and at right angles to the building, and\n> > \n> > > (e) must not exceed maximum dimensions—450mm high and 2400mm long, and\n> > \n> > > (f) not less than 2.6m above the ground or pavement level, and\n> > \n> > > (g) must be a minimum of 600mm from the kerb or roadway edge, and\n> > \n> > > (h) must be securely fixed by metal supports.\n> \n> > (7) If the sign is a window sign—\n> > \n> > > (a) must not be illuminated, and\n> > \n> > > (b) must be located on the ground level facade, and\n> > \n> > > (c) maximum of 1 sign per site, and\n> > \n> > > (d) 60% of the shop window must remain uncovered.\n> \n> > (8) If the sign is a real estate sign—\n> > \n> > > (a) must not be illuminated, and\n> > \n> > > (b) maximum of 1 sign per site, and\n> > \n> > > (c) for residential premises or serviced apartments—maximum area of 2.5m2, and\n> > \n> > > (d) for commercial premises—maximum area of 4.5m2.\n> \n> > (9) If the sign is a temporary sign—\n> > \n> > > (a) must not be illuminated, and\n> > \n> > > (b) the sponsor’s name or logo must be subsidiary to the event or matter being advertised, and\n> > \n> > > (c) maximum of 1 sign per site.","sortOrder":148},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Signage—bus shelter advertising","content":"#### sch.2-sec-oc.8 Signage—bus shelter advertising\n\nSignage—bus shelter advertising\n\n> > (1) Must be carried out by or on behalf of the Council.\n> \n> > (2) Must not extend beyond 5m from the perimeter of the bus shelter.\n> \n> > (3) Must not contain flashing or neon signage.\n> \n> > (4) Must not obstruct sight lines for drivers, cyclists or pedestrians.\n> \n> > (5) Must not be attached to a heritage item.\n> \n> > (6) Must not be in a heritage conservation area, except for a bus shelter located on the following—\n> > \n> > > (a) Birrell Street in Bondi, Bondi Junction, Bronte, Queens Park, Tamarama or Waverley,\n> > \n> > > (b) Blair Street in Bondi, Bondi Beach or North Bondi,\n> > \n> > > (c) Bondi Road in Bondi, Bondi Beach or Bondi Junction,\n> > \n> > > (d) Bronte Road in Bondi Junction, Bronte, Queens Park or Waverley,\n> > \n> > > (e) Campbell Parade in Bondi Beach or North Bondi,\n> > \n> > > (f) Macpherson Street in Bronte or Waverley,\n> > \n> > > (g) Oxford Street in Bondi Junction.","sortOrder":149},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Signage—communications panel","content":"#### sch.2-sec-oc.9 Signage—communications panel\n\nSignage—communications panel\n\n> > (1) Must be carried out by or on behalf of the Council.\n> \n> > (2) Must be carried out on land in Zone E1, E2 or MU1.\n> \n> > (3) Must be used for the display of Council or other public communications.\n> \n> > (4) May also be used for advertisements, other than advertisements for political purposes.\n> \n> > (5) If not located in a pedestrian mall, the structure must not be more than—\n> > \n> > > (a) 2200mm high, and\n> > \n> > > (b) 1150mm wide, and\n> > \n> > > (c) 500mm deep.\n> \n> > (6) Must not contain flashing or neon signage.\n> \n> > (7) Must not obstruct the following—\n> > \n> > > (a) sight lines for drivers, cyclists or pedestrians,\n> > \n> > > (b) access for people with a disability,\n> > \n> > > (c) a footpath,\n> > \n> > > (d) an outdoor dining area.\n> \n> > (8) Must not be carried out on land comprising a heritage item or on which a heritage item is located.\n> \n> > (9) Must not be in a heritage conservation area, except on the following—\n> > \n> > > (a) Birrell Street in Bondi, Bondi Junction, Bronte, Queens Park, Tamarama or Waverley,\n> > \n> > > (b) Blair Street in Bondi, Bondi Beach or North Bondi,\n> > \n> > > (c) Bondi Road in Bondi, Bondi Beach or Bondi Junction,\n> > \n> > > (d) Bronte Road in Bondi Junction, Bronte, Queens Park or Waverley,\n> > \n> > > (e) Campbell Parade in Bondi Beach or North Bondi,\n> > \n> > > (f) Macpherson Street in Bronte or Waverley,\n> > \n> > > (g) Oxford Street in Bondi Junction.","sortOrder":150},{"sectionNumber":"sch.2-sec-oc.10","sectionType":"section","heading":"Street art","content":"#### sch.2-sec-oc.10 Street art\n\nStreet art\n\n> > (1) Must not project more than 30mm from a wall or other surface.\n> \n> > (2) Must not constitute signage.\n> > \n> > Note.\n> > \n> > Signage includes advertisements and advertising structures.\n> \n> > (3) Must not be located on a heritage item or within a heritage conservation area.\n> \n> > (4) Must not contain material that—\n> > \n> > > (a) discriminates against or vilifies any person or group, or\n> > \n> > > (b) is offensive or sexually explicit.\n> \n> > (5) In this clause, street art means art that is painted, marked or otherwise affixed to the outside of a building and that is visible from a public place (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)).\n> \n> Note.\n> \n> Street art may only be carried out subject to requirements to obtain the approval of the owner of the building on which the street art is located or any statutory authorities. See also Part 2 of the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100) for graffiti related offences.","sortOrder":151},{"sectionNumber":"sch.2-sec-oc.11","sectionType":"section","heading":"Temporary events on public land and public roads and associated temporary structures","content":"#### sch.2-sec-oc.11 Temporary events on public land and public roads and associated temporary structures\n\nTemporary events on public land and public roads and associated temporary structures\n\n> > (1) Must take place on land owned by the Council or for which the Council has care, control and management (including Crown land) or a public road for which the Council is the roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (2) Must not involve demolition.\n> \n> > (3) Must not involve overnight accommodation on bushfire prone land.\n> \n> > (4) Must not be conducted for more than 52 days (whether or not consecutive) in any period of 12 months.\n> \n> > (5) In this clause, event means any event (including, without limitation, a market, exhibition, ceremony, meeting, concert, sporting event or fete) that would, but for this clause, require development consent.\n> \n> Note.\n> \n> The proposed event may involve activities that require approvals under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and other legislation. Such activities include the closure of public roads, the erection of temporary structures and activities on public land.","sortOrder":152},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development","content":"# Schedule 3 Complying development\n\nSchedule 3 Complying development\n\n(Clause 3.2)\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":153},{"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":156},{"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 (352), cl 4.","sortOrder":157},{"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 2014 (367), Sch 1 \\[4\\]; 2017 (729), Sch 1 \\[7\\]–\\[11\\]; 2019 (470), Sch 1 \\[2\\]; 2020 (631), Sch 1\\[6\\]–\\[11\\]; 2025 (699), Sch 1\\[4\\].","sortOrder":161},{"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":165},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":167},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":169},{"sectionNumber":"7","sectionType":"section","heading":"Conservation exclusion zones","content":"#### 7 Conservation exclusion zones\n\n7 Conservation exclusion zones\n\n> > (1) Must not be carried out on the following land, except to the extent necessary to gain access to water—\n> > \n> > > (a) land declared an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) vacant Crown land,\n> > \n> > > (c) land within a wetland of international significance declared under the Ramsar Convention on Wetlands.\n> \n> Note.\n> \n> Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.","sortOrder":177},{"sectionNumber":"8","sectionType":"section","heading":"Flood liability","content":"#### 8 Flood liability\n\n8 Flood liability\n\n> Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.","sortOrder":178},{"sectionNumber":"9","sectionType":"section","heading":"Species selection","content":"#### 9 Species selection\n\n9 Species selection\n\n> Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).","sortOrder":180},{"sectionNumber":"10","sectionType":"section","heading":"Pond design","content":"#### 10 Pond design\n\n10 Pond design\n\n> > (1) Must not require the construction of new ponds, water storages, dams or buildings.\n> \n> > (2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.\n> \n> > (3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.","sortOrder":181},{"sectionNumber":"11","sectionType":"section","heading":"Culture water","content":"#### 11 Culture water\n\n11 Culture water\n\n> Must use freshwater.","sortOrder":182},{"sectionNumber":"Schedule 6A","sectionType":"schedule","heading":"Contribution requirements for certain development on Planning Proposal Land","content":"# Schedule 6A Contribution requirements for certain development on Planning Proposal Land\n\nSchedule 6A Contribution requirements for certain development on Planning Proposal Land\n\nclause 6.18\n\n| Planning Proposal Land | Contribution requirement |\n| Lot 1, DP 619753, 50 Botany Street, Bondi Junction | 9.27% of the gross floor area of all buildings on the land |\n\n**sch 6A:** Ins 2025 (699), Sch 1\\[5\\].","sortOrder":183}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Plan implements the aims stated in clause 1.2 and consolidates prior local instruments (cl 1.8). Its provisions establish zones, maps, development standards, heritage listings and site‑specific controls consistent with that stated scope; there is no material change from the Plan’s declared intent."},"complexity_factors":["Large number of land use zones and a detailed Land Use Table with zone‑specific permitted, consent and prohibited uses","Multiple map layers (Height of Buildings, Floor Space Ratio, Lot Size, Key Sites, Heritage, Active Street Frontages, Terrestrial Biodiversity, Acid Sulfate Soils, etc.) that determine site‑specific controls","Extensive heritage schedule and conservation areas listing hundreds of items and places with bespoke approval requirements (Schedule 5; cl 5.10)","Numerous site‑specific provisions for Bondi Junction, Edina Estate and other key sites that add bespoke design, floor‑space and affordable‑housing rules (cl 6.9–6.13; 6.12)","Detailed quantitative standards and calculation rules (FSR and site area rules in cl 4.4–4.5; cl 4.4A exceptions) and procedural exceptions to standards (cl 4.6) requiring evidentiary material","Exempt and complying development schedules with technical conditions (Part 3; Schedules 2–3) and exclusions for environmentally sensitive areas (cl 3.3)","Cross‑references and interaction with State Environmental Planning Policies and multiple other Acts (eg. SEPPs, Heritage Act, Local Government Act), creating layered consent and approval pathways (cl 1.9; throughout)","A mix of objective standards, discretionary tests and administrative discretions (consent authority powers, heritage notifications, design excellence requirements) that increase judgment calls and compliance burden"],"plain_english_summary":"This Plan replaces earlier local environmental plans and sets the zoning, maps and rules that govern land use across Waverley. It specifies what uses are allowed, which require Council consent, development standards (height, floor‑space, lot size), exempt/complying works, heritage listings and site‑specific controls. It affects landowners, developers and the Council: developers either comply with map‑based limits or apply for consent, and the Council decides and imposes conditions (including possible contributions). The Plan therefore determines where and how development may occur in Waverley."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the plan's core purpose — governing land use in Waverley — has remained consistent, its scope has materially expanded and refined over 13 years through more than 60 amendments. These would typically have added new land use permissibilities, updated heritage listings, responded to NSW Government housing policy directions (such as increased density near transport), and incorporated new state-level planning requirements. What began as a 2012 consolidation of Waverley's planning rules has evolved considerably in response to housing supply pressures, infrastructure changes, and shifting state government priorities."},"complexity_factors":["Standard instrument LEP format incorporates extensive NSW Government-mandated template provisions that interact with local Waverley-specific rules — requiring readers to understand both layers","Zoning maps and land use tables are integral to the plan but not reproduced in this text — the plan is unintelligible without them","Over 60 amendments since 2012, creating a highly evolved document where historical versions may apply to pending or past matters","Interacts with multiple layers of NSW planning law including the Environmental Planning and Assessment Act 1979, State Environmental Planning Policies (SEPPs), and Development Control Plans","Heritage provisions create significant complexity for property owners, involving heritage registers, curtilages (the land surrounding a heritage item), and conservation areas","Technical numerical standards (floor space ratios, height limits, setbacks) vary lot-by-lot and require reading the plan alongside spatial mapping tools","Frequent amendments mean determining which version applied at a given date requires careful point-in-time analysis"],"plain_english_summary":"The Waverley Local Environmental Plan 2012 is the statutory land‑use rulebook for the Waverley LGA (Bondi, Bondi Junction, Bronte, Coogee, Waverley). It sets what can be built, allowed uses, building size and zoning, and heritage and environmental protections.\n\nIt affects property owners, developers, architects, businesses and buyers: it determines whether and how you can renovate, build or operate in the area, and has been amended many times since 2012."},"kimi_summary":{"_metrics":{"completionTokens":717},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2012 form. Major additions include: design excellence requirements (2017), competitive design processes for specific Bondi Junction sites (2019), affordable housing contribution schemes (2024-2025), stormwater management and waste minimisation provisions (2022), and detailed site-specific controls for the Edina Estate and Planning Proposal Land. The heritage schedule has also grown substantially. The plan has evolved from a standard zoning instrument into a comprehensive place-based planning tool with sustainability mandates and affordable housing obligations."},"complexity_factors":["Multiple overlapping zones (10 different zone types) with detailed land use tables specifying permitted, prohibited, and consent-required development","Extensive cross-referencing to external maps (Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, Heritage Map, etc.) that are not contained in the instrument itself","Detailed mathematical formula for floor space ratio exceptions in clause 4.4A","Numerous site-specific provisions in Schedule 1 with precise lot and DP references for additional permitted uses","Heritage provisions with multiple layers of protection (State heritage, local heritage, conservation areas, archaeological sites, Aboriginal heritage)","Complex conditional logic in development standards — for example, clause 6.13 requires satisfaction of multiple energy/water efficiency criteria before alternative height/FSR provisions apply","Multiple schedules for exempt development, complying development, and aquaculture with technical operational requirements","Frequent amendments noted throughout (2014, 2017, 2019, 2020, 2021, 2022, 2024, 2025) indicating evolving regulatory framework","Affordable housing contribution scheme with percentage-based calculations and multiple exemption categories"],"plain_english_summary":"This is the **Waverley Local Environmental Plan 2012**, a planning law that controls what can be built and how land can be used across the Waverley Council area in Sydney's eastern suburbs (including Bondi, Bondi Beach, Bondi Junction, Bronte, and surrounding suburbs).\n\n**What it does:**\n- **Zones land** into categories like residential (low, medium, high density), commercial centres, mixed use, recreation, and environmental conservation\n- **Sets rules** for building heights, floor space ratios (how much floor area you can build relative to your land size), and minimum lot sizes for subdivision\n- **Lists what development needs approval** — from home extensions that don't need council approval (exempt development), to major projects requiring detailed assessment\n- **Protects heritage** — hundreds of heritage-listed buildings and conservation areas are identified, with special rules for any changes\n- **Requires design excellence** for larger developments, especially in Bondi Junction and key sites\n- **Protects the environment** — including flood-prone land, public bushland, biodiversity areas, and coastal zones\n- **Promotes affordable housing** through contribution requirements on new residential development\n\n**Who it affects:**\n- Anyone wanting to build, renovate, subdivide, or change the use of property in Waverley\n- Developers of residential, commercial, and mixed-use projects\n- Owners of heritage-listed properties\n\n**Why it matters:**\nThis plan shapes how one of Sydney's most densely populated and environmentally sensitive areas grows. It tries to balance housing supply with protecting neighbourhood character, heritage, coastal environments, and quality of life — while encouraging sustainable design and public transport use."}},"importantCases":[],"_links":{"self":"/api/acts/waverley-local-environmental-plan-2012","history":"/api/acts/waverley-local-environmental-plan-2012/history","analysis":"/api/acts/waverley-local-environmental-plan-2012/analysis","conflicts":"/api/acts/waverley-local-environmental-plan-2012/conflicts","importantCases":"/api/acts/waverley-local-environmental-plan-2012/important-cases","documents":"/api/acts/waverley-local-environmental-plan-2012/documents"}}