{"id":"nsw:epi-2010-0076","name":"Wollongong Local Environmental Plan 2009","slug":"wollongong-local-environmental-plan-2009","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"76 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181704,"registerId":"nsw-nsw:epi-2010-0076-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 [Wollongong Local Environmental Plan 2009](/view/html/inforce/current/epi-2010-0076).","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":15},{"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> > Rural Zones\n> \n> > RU1 Primary Production\n> > \n> > RU2 Rural Landscape\n> > \n> > RU4 Primary Production Small Lots\n> \n> > Residential Zones\n> \n> > R1 General Residential\n> > \n> > R2 Low Density Residential\n> > \n> > R3 Medium Density Residential\n> > \n> > R4 High Density Residential\n> > \n> > R5 Large Lot 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> > 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> > W3 Working Waterways\n> > \n> > W4 Working Waterfront\n> \n> **cl 2.1:** Am 2022 (857), Sch 1.10\\[1\\] \\[2\\].\n> \n> **cl 2.6BB:** Ins 2010 (162), Sch 1.7 \\[4\\].","sortOrder":16},{"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 2010 (162), Sch 1.7 \\[5\\]; 2011 (28), Sch 1.10 \\[1\\]; 2011 (363), Sch 29 \\[2\\]–\\[29\\]; 2012 (25), Sch 1 \\[1\\]; 2013 (586), cl 4; 2014 No 74, Sch 3.53; 2017 (493), Sch 1.1 \\[1\\] \\[2\\]; 2018 (488), Sch 1.1 \\[1\\]; 2019 (137), Sch 6 \\[1\\]; 2019 No 1, Sch 2.42 \\[1\\] \\[2\\]; 2019 (621), Sch 3; 2021 (193), cl 4(1)–(4); 2022 (72), Sch 1.68\\[1\\]; 2022 (629), Sch 3.27\\[1\\]; 2022 (857), Sch 1.10\\[3\\] (am 2023 (82), Sch 1.6\\[19\\] \\[20\\]) \\[4\\].\n\nZone RU1 Primary Production\n\nZone RU2 Rural Landscape\n\nZone RU4 Primary Production Small Lots\n\nZone R1 General Residential\n\nZone R2 Low Density Residential\n\nZone R3 Medium Density Residential\n\nZone R4 High Density Residential\n\nZone R5 Large Lot 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 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 W3 Working Waterways\n\nZone W4 Working Waterfront","sortOrder":34},{"sectionNumber":"3","sectionType":"section","heading":"Permitted with consent","content":"#### 3 Permitted with consent\n\n3 Permitted with consent\n\n> Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Business identification signs; Dwelling houses; Environmental protection works; Extractive industries; Farm buildings; Forestry; Intensive livestock agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside stalls","sortOrder":37},{"sectionNumber":"4","sectionType":"section","heading":"Prohibited","content":"#### 4 Prohibited\n\n4 Prohibited\n\n> Any development not specified in item 2 or 3","sortOrder":38},{"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":143},{"sectionNumber":"Part 4","sectionType":"part","heading":"Principal development standards","content":"# Part 4 Principal development standards\n\nPart 4 Principal development standards","sortOrder":147},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 5 Miscellaneous provisions\n\nPart 5 Miscellaneous provisions","sortOrder":161},{"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/wollongong-local-environmental-plan-2009) (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 C2 Environmental Conservation and marked “Local open space” | Council |\n> > | Zone C2 Environmental Conservation and marked “Local road” | Council |\n> > | Zone R2 Low Density Residential and marked “Local road” | Council |\n> > | Zone R2 Low Density Residential and marked “Classified road” | Transport for NSW |\n> > | Zone E1 Local Centre and marked “Local road” | Council |\n> > | Zone E2 Commercial Centre and marked “Local road” | Council |\n> > | Zone MU1 Mixed Use and marked “Classified road” | Transport for NSW |\n> > | Zone SP2 Infrastructure and marked “Educational establishment” | Minister for Education and Training |\n> > | Zone SP2 Infrastructure and marked “Local road” | Council |\n> > | Zone RU2 Rural Landscape and marked “Local road” | Council |\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> > (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 2011 (390), Sch 2 \\[1\\]; 2012 (319), Sch 1 \\[1\\]–\\[3\\]; 2017 (94), cl 5; 2018 (48), Sch 1 \\[1\\]; 2020 No 30, Sch 4.119; 2022 (857), Sch 1.10\\[7\\] \\[14\\] \\[15\\] \\[18\\].","sortOrder":162},{"sectionNumber":"Part 6","sectionType":"part","heading":"Urban release areas","content":"# Part 6 Urban release areas\n\nPart 6 Urban release areas","sortOrder":189},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6.1 (Repealed)","sortOrder":190},{"sectionNumber":"Part 7","sectionType":"part","heading":"Local provisions—general","content":"# Part 7 Local provisions—general\n\nPart 7 Local provisions—general","sortOrder":195},{"sectionNumber":"7","sectionType":"section","heading":"Public utility infrastructure","content":"#### 7 Public utility infrastructure\n\n7.1 Public utility infrastructure\n\n> > (1) The objective of this clause is to ensure that sufficient infrastructure is available to service development.\n> \n> > (2) Development consent must not be granted for development on land unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.\n> \n> > (3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.\n> \n> > (4) In this clause—\n> > \n> > public utility infrastructure includes infrastructure for any of the following—\n> > \n> > > (a) the supply of water,\n> > \n> > > (b) the supply of electricity,\n> > \n> > > (c) the disposal and management of sewage.\n> \n> **cl 7.1:** Am 2010 No 59, Sch 2.110.","sortOrder":196},{"sectionNumber":"Part 8","sectionType":"part","heading":"Local provisions—Wollongong city centre","content":"# Part 8 Local provisions—Wollongong city centre\n\nPart 8 Local provisions—Wollongong city centre","sortOrder":225},{"sectionNumber":"8","sectionType":"section","heading":"Objectives for development in Wollongong city centre","content":"#### 8 Objectives for development in Wollongong city centre\n\n8.1 Objectives for development in Wollongong city centre\n\n> The objectives of this Part and (in so far as it relates to the Wollongong city centre) clause 7.18 are as follows—\n> \n> > (a) to promote the economic revitalisation of the Wollongong city centre,\n> \n> > (b) to strengthen the regional position of the Wollongong city centre as a multifunctional and innovative centre that encourages employment and economic growth,\n> \n> > (c) to protect and enhance the vitality, identity and diversity of the Wollongong city centre,\n> \n> > (d) to promote employment, residential, recreational and tourism opportunities within the Wollongong city centre,\n> \n> > (e) to facilitate the development of building design excellence appropriate to a regional city,\n> \n> > (f) to promote housing choice and housing affordability,\n> \n> > (g) to encourage responsible management, development and conservation of natural and man-made resources and to ensure that the Wollongong city centre achieves sustainable social, economic and environmental outcomes,\n> \n> > (h) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Wollongong city centre for the benefit of present and future generations.\n> \n> **cl 8.1:** Am 2014 (433), Sch 1 \\[2\\].","sortOrder":226},{"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 2010 (76), Sch 1, cl 8 (3); 2011 (363), Sch 29 \\[41\\]; 2012 (25), Sch 1 \\[4\\]; 2013 (265), cl 4; 2018 (255), Sch 1 \\[4\\] \\[5\\]; 2018 (488), Sch 1.2; 2018 (589), cl 4; 2020 (593), cl 4; 2021 (376), cl 4; 2022 (185), Sch 1\\[2\\]; 2022 (473), cl 5; 2022 (857), Sch 1.10\\[8\\] \\[26\\] (am 2023 (82), Sch 1.6\\[21\\] \\[22\\]); 2023 (458), Sch 2.88; 2025 (82), Sch 3\\[3\\]; 2026 (22), Sch 1.","sortOrder":234},{"sectionNumber":"9","sectionType":"section","heading":"Use of certain land at 84A Princes Highway, Maddens Plains","content":"#### 9 Use of certain land at 84A Princes Highway, Maddens Plains\n\n9 Use of certain land at 84A Princes Highway, Maddens Plains\n\n> > (1) This clause applies to land at 84A Princes Highway, Maddens Plains, being Lot A, DP 408911.\n> \n> > (2) Development for the purposes of an educational establishment is permitted with development consent.","sortOrder":243},{"sectionNumber":"10","sectionType":"section","heading":"Use of certain land at North Marshall Mount Road, Marshall Mount","content":"#### 10 Use of certain land at North Marshall Mount Road, Marshall Mount\n\n10 Use of certain land at North Marshall Mount Road, Marshall Mount\n\n> > (1) This clause applies to land at North Marshall Mount Road, Marshall Mount, being Lots 1–3, DP 852180.\n> \n> > (2) Development for the purposes of the subdivision of the land into 6 lots, and the erection of a dwelling house on each lot is permitted with development consent.","sortOrder":244},{"sectionNumber":"11","sectionType":"section","heading":"Use of certain land at Kirkwood Place, Mount Kembla","content":"#### 11 Use of certain land at Kirkwood Place, Mount Kembla\n\n11 Use of certain land at Kirkwood Place, Mount Kembla\n\n> > (1) This clause applies to land at 1 Kirkwood Place, Mount Kembla, being Lot 2, DP 206691.\n> \n> > (2) Development for the purposes of a dwelling house is permitted with development consent.","sortOrder":245},{"sectionNumber":"12","sectionType":"section","heading":"Use of certain land at Lawrence Hargrave Drive, Scarborough","content":"#### 12 Use of certain land at Lawrence Hargrave Drive, Scarborough\n\n12 Use of certain land at Lawrence Hargrave Drive, Scarborough\n\n> > (1) This clause applies to land at Lawrence Hargrave Drive, Scarborough, being Lot 1, Section 4, DP 1659, Lot 1, DP 982323 and Lot 1, Section A, DP 2693.\n> \n> > (2) Development for the purposes of hotel or motel accommodation, a pub and a restaurant or cafe is permitted with development consent.","sortOrder":246},{"sectionNumber":"13","sectionType":"section","heading":"Use of certain land at Hawthorn Street, Tarrawanna","content":"#### 13 Use of certain land at Hawthorn Street, Tarrawanna\n\n13 Use of certain land at Hawthorn Street, Tarrawanna\n\n> > (1) This clause applies to land at Hawthorn Street, Tarrawanna, being Lot 2, DP 793302.\n> \n> > (2) Development for the purposes of a dwelling house is permitted with development consent.","sortOrder":247},{"sectionNumber":"14","sectionType":"section","heading":"Use of certain land at Princes Highway, Thirroul","content":"#### 14 Use of certain land at Princes Highway, Thirroul\n\n14 Use of certain land at Princes Highway, Thirroul\n\n> > (1) This clause applies to land at 57 Princes Highway, Thirroul, being Lot 1, DP 998258.\n> \n> > (2) Development for the purposes of a dwelling house is permitted with development consent.","sortOrder":248},{"sectionNumber":"15","sectionType":"section","heading":"Use of certain land at Carr Street, Towradgi","content":"#### 15 Use of certain land at Carr Street, Towradgi\n\n15 Use of certain land at Carr Street, Towradgi\n\n> > (1) This clause applies to land at 12 Carr Street, Towradgi, being Lot 6, DP 749492.\n> \n> > (2) Development for the purposes of the subdivision of the land in Zone R2 Low Density Residential into 3 lots, and the erection of 2 single storey dwelling houses, is permitted with development consent.","sortOrder":249},{"sectionNumber":"16","sectionType":"section","heading":"Use of certain land at Central Road and Albert Street, Unanderra","content":"#### 16 Use of certain land at Central Road and Albert Street, Unanderra\n\n16 Use of certain land at Central Road and Albert Street, Unanderra\n\n> > (1) This clause applies to land at 23A Central Road, Unanderra, being Lot 20, DP 774581 and land at 1 Albert Street, Unanderra, being Lot 21, DP 774581.\n> \n> > (2) Development for the purposes of business premises is permitted with development consent.","sortOrder":250},{"sectionNumber":"17","sectionType":"section","heading":"Use of certain land at Lady Penrhyn Drive, Unanderra","content":"#### 17 Use of certain land at Lady Penrhyn Drive, Unanderra\n\n17 Use of certain land at Lady Penrhyn Drive, Unanderra\n\n> > (1) This clause applies to land at 30–40 Lady Penrhyn Drive, Unanderra, being Lot 1, DP 815554.\n> \n> > (2) Development for the purposes of a correctional centre is permitted with development consent.","sortOrder":251},{"sectionNumber":"18","sectionType":"section","heading":"Use of certain land at Crown Street, Wollongong","content":"#### 18 Use of certain land at Crown Street, Wollongong\n\n18 Use of certain land at Crown Street, Wollongong\n\n> > (1) This clause applies to land at 9–11 Crown Street, Wollongong, being Lot 101, DP 872951 and Lots 1, 6 and 7, DP 1091530.\n> \n> > (2) Development for the purposes of commercial premises, markets or shops is permitted with development consent, but only if the development is part of the entertainment centre complex.","sortOrder":252},{"sectionNumber":"19","sectionType":"section","heading":"Use of certain land at Crown Street and Harbour Street, Wollongong","content":"#### 19 Use of certain land at Crown Street and Harbour Street, Wollongong\n\n19 Use of certain land at Crown Street and Harbour Street, Wollongong\n\n> > (1) This clause applies to land at Crown Street and Harbour Street, Wollongong, being Part Lot 143 and Part Lot 144, DP 786508 as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 Amendment No 2”.\n> \n> > (2) Development for the purposes of office premises and retail premises is permitted with development consent.","sortOrder":253},{"sectionNumber":"20","sectionType":"section","heading":"Use of certain land at Ross Street, Wollongong","content":"#### 20 Use of certain land at Ross Street, Wollongong\n\n20 Use of certain land at Ross Street, Wollongong\n\n> > (1) This clause applies to land at 1 Ross Street, Wollongong, being Lots 101–106, DP 1125366.\n> \n> > (2) Development for the purposes of a hospital is permitted with development consent.","sortOrder":254},{"sectionNumber":"21","sectionType":"section","heading":"Use of certain land at Wollongong and North Wollongong","content":"#### 21 Use of certain land at Wollongong and North Wollongong\n\n21 Use of certain land at Wollongong and North Wollongong\n\n> > (1) This clause applies to land at 1–82A Cliff Road and 2 Georges Place, Wollongong and 1–13 Bourke St, North Wollongong being Lots 1, 2 and 3, DP 17709; Part Lot 1, DP 434751; Lot 2, DP 1059775; Part Lot 2, DP 337677; Part Lot B, DP 367260; Lot 1, DP 883351; Lot 101, DP 1021913; Part Lot D, DP 155466; Lot 21, DP 1032058; Lot 22, DP 1047028; Lots 1 and 2, DP 534773; Lot 1, DP 629931; Lot 4, DP 546014; Lot 78, DP 1097836; Lot 7, DP 565904; Lot 1, DP 87310; Lot 30, DP 511757; Lot 1, DP 112803; Lot 19, DP 550947; Lot 1, DP 603683; Lot 40, DP 1084880; Lot 1, DP 231198; Lot 2, DP 150830; Lot 1, DP 612629; Lot 1, DP 714625; Lot 3, DP 1106063; Lot 20, DP 607507; Lot 20, DP 607507 and Lot 19, DP 996430.\n> \n> > (2) Development for the purposes of a restaurant or cafe is permitted with development consent, but only if the restaurant or cafe is located on the ground floor.\n> \n> > (3) Development for the purposes of hotel or motel accommodation and serviced apartments is permitted with development consent.","sortOrder":255},{"sectionNumber":"22","sectionType":"section","heading":"Use of certain land at Princes Highway, Yallah","content":"#### 22 Use of certain land at Princes Highway, Yallah\n\n22 Use of certain land at Princes Highway, Yallah\n\n> > (1) This clause applies to land at Princes Highway, Yallah, being Lot 1, DP 156657.\n> \n> > (2) Development for the purposes of a place of public worship is permitted with development consent.","sortOrder":256},{"sectionNumber":"23","sectionType":"section","heading":"Use of certain land at Bong Bong Road, Huntley","content":"#### 23 Use of certain land at Bong Bong Road, Huntley\n\n23 Use of certain land at Bong Bong Road, Huntley\n\n> > (1) This clause applies to land at Bong Bong Road, Huntley, being Lot 1, DP 618764.\n> \n> > (2) Development for the purposes of a recreation facility (outdoor) for a shooting range is permitted with development consent.","sortOrder":257},{"sectionNumber":"24","sectionType":"section","heading":"Use of certain land at 54 Marshall Mount Road, Avondale","content":"#### 24 Use of certain land at 54 Marshall Mount Road, Avondale\n\n24 Use of certain land at 54 Marshall Mount Road, Avondale\n\n> > (1) This clause applies to land at 54 Marshall Mount Road, Avondale, being Lot 4, DP 608205.\n> \n> > (2) Development for the purpose of a camping ground is permitted with development consent, but only if the consent authority is satisfied that the development will not have a significant adverse environmental impact.","sortOrder":258},{"sectionNumber":"25","sectionType":"section","heading":"Use of certain land at Beaton Park, Gwynneville","content":"#### 25 Use of certain land at Beaton Park, Gwynneville\n\n25 Use of certain land at Beaton Park, Gwynneville\n\n> > (1) This clause applies to land at 37 Foley Street, Gwynneville, being Lot 113, DP 788462, Lot 104, DP 594259 and Lot 401, DP 1128781.\n> \n> > (2) Development for the purposes of a medical centre is permitted with development consent.\n> \n> > (3) Development for the purposes of a health services facility is permitted with development consent if the development is limited to development for the purposes of a community health service facility.","sortOrder":259},{"sectionNumber":"26","sectionType":"section","heading":"Use of certain land at Beaton Park, Gwynneville","content":"#### 26 Use of certain land at Beaton Park, Gwynneville\n\n26 Use of certain land at Beaton Park, Gwynneville\n\n> > (1) This clause applies to land at 37 Foley Street, Gwynneville, being Lot 113, DP 788462.\n> \n> > (2) Development for the purposes of a registered club is permitted with development consent.","sortOrder":260},{"sectionNumber":"27","sectionType":"section","heading":"Use of certain land at Murphys Avenue, Keiraville","content":"#### 27 Use of certain land at Murphys Avenue, Keiraville\n\n27 Use of certain land at Murphys Avenue, Keiraville\n\n> > (1) This clause applies to land at Murphys Avenue, Keiraville, being Lot 3, DP 252694.\n> \n> > (2) Development for the purposes of a function centre is permitted with development consent.","sortOrder":261},{"sectionNumber":"28","sectionType":"section","heading":"Use of certain land at Yenda Avenue, Bulli","content":"#### 28 Use of certain land at Yenda Avenue, Bulli\n\n28 Use of certain land at Yenda Avenue, Bulli\n\n> > (1) This clause applies to Lot 105, DP 264639, 4 Yenda Avenue, Bulli.\n> \n> > (2) Development for the purposes of centre-based child care facilities is permitted with development consent.","sortOrder":262},{"sectionNumber":"29","sectionType":"section","heading":"Use of certain land at Railway Street, Corrimal","content":"#### 29 Use of certain land at Railway Street, Corrimal\n\n29 Use of certain land at Railway Street, Corrimal\n\n> > (1) This clause applies to land identified as “29” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wollongong-local-environmental-plan-2009).\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) business premises,\n> > \n> > > (b) neighbourhood shops with a maximum gross floor area of 150m2,\n> > \n> > > (c) food and drink premises with a maximum gross floor area of 250m2,\n> > \n> > > (d) neighbourhood supermarkets with a maximum gross floor area of 500m2.\n> \n> > (3) However, development consent must not be granted unless—\n> > \n> > > (a) the development is at ground level (existing), and\n> > \n> > > (b) the total gross floor area of the development does not exceed 2,000m2.","sortOrder":263},{"sectionNumber":"30","sectionType":"section","heading":"Use of certain land north of Darkes Forest Road, Darkes Forest","content":"#### 30 Use of certain land north of Darkes Forest Road, Darkes Forest\n\n30 Use of certain land north of Darkes Forest Road, Darkes Forest\n\n> > (1) This clause applies to part of Lot 86, DP 752054, 117 Darkes Forest Road, Darkes Forest, shown as “30” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wollongong-local-environmental-plan-2009).\n> \n> > (2) Development for the purposes of artisan food and drink industries is permitted with development consent.","sortOrder":264},{"sectionNumber":"31","sectionType":"section","heading":"Use of certain land south of Darkes Forest Road, Darkes Forest","content":"#### 31 Use of certain land south of Darkes Forest Road, Darkes Forest\n\n31 Use of certain land south of Darkes Forest Road, Darkes Forest\n\n> > (1) This clause applies to part of Lot 86, DP 752054, 117 Darkes Forest Road, Darkes Forest, shown as “31” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wollongong-local-environmental-plan-2009).\n> \n> > (2) Development for the purposes of water recycling facilities is permitted with development consent.","sortOrder":265},{"sectionNumber":"32","sectionType":"section","heading":"Use of certain land at Flinders Street, North Wollongong","content":"#### 32 Use of certain land at Flinders Street, North Wollongong\n\n32 Use of certain land at Flinders Street, North Wollongong\n\n> > (1) This clause applies to certain land at Flinders Street, North Wollongong identified as “32” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wollongong-local-environmental-plan-2009).\n> \n> > (2) Development for the purposes of serviced apartments is permitted with development consent.","sortOrder":266},{"sectionNumber":"33","sectionType":"section","heading":"Use of certain land in Zone E1","content":"#### 33 Use of certain land in Zone E1\n\n33 Use of certain land in Zone E1\n\n> > (1) This clause applies to certain land in Zone E1 Local Centre identified as “33” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wollongong-local-environmental-plan-2009).\n> \n> > (2) Development for the purposes of residential flat buildings or self-storage units is permitted with development consent.","sortOrder":267},{"sectionNumber":"34","sectionType":"section","heading":"Use of certain land in Zone E3","content":"#### 34 Use of certain land in Zone E3\n\n34 Use of certain land in Zone E3\n\n> > (1) This clause applies to certain land in Zone E3 Productivity Support identified as “34” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wollongong-local-environmental-plan-2009).\n> \n> > (2) Development for the purposes of shop top housing is permitted with development consent.","sortOrder":268},{"sectionNumber":"35","sectionType":"section","heading":"Use of certain land at Darkes Forest Road, Darkes Forest","content":"#### 35 Use of certain land at Darkes Forest Road, Darkes Forest\n\n35 Use of certain land at Darkes Forest Road, Darkes Forest\n\n> > (1) This clause applies to the following land at Darkes Forest Road, Darkes Forest—\n> > \n> > > (a) Lot 56, DP 664571,\n> > \n> > > (b) Lot 66, DP 752054.\n> \n> > (2) Development for the following purposes is permitted with development consent—\n> > \n> > > (a) farm experience premises,\n> > \n> > > (b) for Lot 66, DP 752054—farm gate premises.","sortOrder":269},{"sectionNumber":"36","sectionType":"section","heading":"Use of certain land in Zone E2","content":"#### 36 Use of certain land in Zone E2\n\n36 Use of certain land in Zone E2\n\n> > (1) This clause applies to land in Zone E2 Commercial Centre identified as “36” on the [Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/wollongong-local-environmental-plan-2009).\n> \n> > (2) Development for the purposes of residential flat buildings is permitted with development consent.","sortOrder":270},{"sectionNumber":"37","sectionType":"section","heading":"Use of certain land at 190 Military Road, Port Kembla","content":"#### 37 Use of certain land at 190 Military Road, Port Kembla\n\n37 Use of certain land at 190 Military Road, Port Kembla\n\n> > (1) This clause applies to Lot 1, Section 5, DP 978082, 190 Military Road, Port Kembla.\n> \n> > (2) Development for the purposes of restaurants or cafes is permitted with development consent if the gross floor area of the restaurant or cafe does not exceed 150m2.","sortOrder":271},{"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 2010 (162), Sch 1.7 \\[10\\]; 2015 (349), cl 4; 2022 (857), Sch 1.10\\[27\\]–\\[32\\]; 2026 (44), Sch 1.","sortOrder":272},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Advertisements—general requirements","content":"#### sch.2-sec Advertisements—general requirements\n\nAdvertisements—general requirements\n\n> > (1) Must be non-moving.\n> \n> > (2) Must be at least 600mm from any public road.\n> \n> > (3) Must be at least 2.6m above any public footpath.\n> \n> > (4) Must relate to the lawful use of the building (except for temporary signs).\n> \n> > (5) Must be within the boundary of the property to which it applies, unless in an employment or mixed use zone or Zone W4 Working Waterfront.\n> \n> > (6) Must reflect the character and style of any building to which it is attached.\n> \n> > (7) Must not be detrimental to the character and functioning of the building.\n> \n> > (8) Must not be on walls facing or adjoining residential premises.\n> \n> > (9) Must not be an “A” frame sign.\n> \n> > (10) Must have the consent of the owner of the property on which the sign is located.","sortOrder":273},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Advertisements—business identification signs for businesses other than brothels in Zone E1, E2, E3 or MU1","content":"#### sch.2-sec-oc.2 Advertisements—business identification signs for businesses other than brothels in Zone E1, E2, E3 or MU1\n\nAdvertisements—business identification signs for businesses other than brothels in Zone E1, E2, E3 or MU1\n\n> > (1) Underawning sign Sign attached to the underside of an awning other than a fascia or return end—\n> > \n> > > (a) must meet the general requirements for advertisements, and\n> > \n> > > (b) 1 sign per ground floor premises with street frontage, and\n> > \n> > > (c) maximum length—2.5m, and\n> > \n> > > (d) maximum height—0.5m, and\n> > \n> > > (e) must not be flashing.\n> \n> > (2) Projecting wall sign (excluding underawning signs) Sign attached to the wall of a building (other than the transom of a doorway or display window) and projecting more than 300mm—\n> > \n> > > (a) must meet the general requirements for advertisements, and\n> > \n> > > (b) 1 sign per premises or 1 per street frontage, whichever is the greater, and\n> > \n> > > (c) maximum projection—1.5m, and\n> > \n> > > (d) maximum area—1.5m2, and\n> > \n> > > (e) must not be flashing.\n> \n> > (3) Flush wall sign Sign attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm—\n> > \n> > > (a) must meet the general requirements for advertisements, and\n> > \n> > > (b) maximum area—2.5m2, and\n> > \n> > > (c) must not be flashing.\n> \n> > (4) Top hamper sign Sign attached to the transom of a doorway or display window of a building—\n> > \n> > > (a) must meet the general requirements for advertisements, and\n> > \n> > > (b) maximum area—2.5m2, and\n> > \n> > > (c) must not be flashing.\n> \n> > (5) Fascia signs Sign attached to the fascia or return of the awning—\n> > \n> > > (a) must meet the general requirements for advertisements, and\n> > \n> > > (b) 1 sign per premises, and\n> > \n> > > (c) must not project above or below, or more than 300mm from, the fascia or return end of the awning to which it is attached, and\n> > \n> > > (d) must not be flashing.","sortOrder":274},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Advertisements—business identification signs for businesses other than brothels in Zone E4, E5 or W4","content":"#### sch.2-sec-oc.3 Advertisements—business identification signs for businesses other than brothels in Zone E4, E5 or W4\n\nAdvertisements—business identification signs for businesses other than brothels in Zone E4, E5 or W4\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) 1 pole or pylon sign per premises (including any directory board for multiple occupancies).\n> \n> > (3) Maximum height—5m.\n> \n> > (4) Must be within 5m of any public entry point to the premises.\n> \n> > (5) Must not obstruct the sight line of vehicle or pedestrian traffic.\n> \n> > (6) For multiple occupancy premises, 1 additional business identification sign is permitted at the entrance to each occupied unit, maximum area—1.2m2.\n> \n> > (7) For single occupancy premises, 1 additional business identification sign is permitted, maximum area—50m2 or 1m2 per 3m of street frontage, whichever is the lesser.","sortOrder":275},{"sectionNumber":"sch.2-sec-oc.4","sectionType":"section","heading":"Advertisements—business identification signs in residential zones","content":"#### sch.2-sec-oc.4 Advertisements—business identification signs in residential zones\n\nAdvertisements—business identification signs in residential zones\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) 1 sign per premises.\n> \n> > (3) Maximum area—0.75m2.\n> \n> > (4) If a pole or pylon sign, maximum height—2m.\n> \n> > (5) Must not be illuminated or flashing.","sortOrder":276},{"sectionNumber":"sch.2-sec-oc.5","sectionType":"section","heading":"Advertisements—business identification signs in rural zones","content":"#### sch.2-sec-oc.5 Advertisements—business identification signs in rural zones\n\nAdvertisements—business identification signs in rural zones\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) 1 sign per premises.\n> \n> > (3) Maximum area—0.75m2 (except if a pole or pylon sign).\n> \n> > (4) If a pole or pylon sign, maximum area—2m2 and maximum height—2m.\n> \n> > (5) Must not be illuminated or flashing.","sortOrder":277},{"sectionNumber":"sch.2-sec-oc.6","sectionType":"section","heading":"Advertisements—public notices displayed by public body giving information or direction about services provided","content":"#### sch.2-sec-oc.6 Advertisements—public notices displayed by public body giving information or direction about services provided\n\nAdvertisements—public notices displayed by public body giving information or direction about services provided\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) Maximum height—5m.\n> \n> > (3) Maximum area—5m2.\n> \n> > (4) Must not obstruct the sight line of vehicle or pedestrian traffic.\n> \n> > (5) Must not be flashing.","sortOrder":278},{"sectionNumber":"sch.2-sec-oc.7","sectionType":"section","heading":"Advertisements—real estate signs (advertising land development)","content":"#### sch.2-sec-oc.7 Advertisements—real estate signs (advertising land development)\n\nAdvertisements—real estate signs (advertising land development)\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) Maximum area—6m2 for each 25 lots being advertised.","sortOrder":279},{"sectionNumber":"sch.2-sec-oc.8","sectionType":"section","heading":"Advertisements—real estate signs (advertising premises or land for sale or rent) in employment or mixed use zones or Zone W4","content":"#### sch.2-sec-oc.8 Advertisements—real estate signs (advertising premises or land for sale or rent) in employment or mixed use zones or Zone W4\n\nAdvertisements—real estate signs (advertising premises or land for sale or rent) in employment or mixed use zones or Zone W4\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) Maximum area—4.5m2.\n> \n> > (3) Must be within the boundary of the advertised property.\n> \n> > (4) Must not be flashing.\n> \n> > (5) Must be removed within 14 days after the premises or land is sold or let.","sortOrder":280},{"sectionNumber":"sch.2-sec-oc.9","sectionType":"section","heading":"Advertisements—real estate signs (advertising premises or land for sale or rent) in residential or rural zones","content":"#### sch.2-sec-oc.9 Advertisements—real estate signs (advertising premises or land for sale or rent) in residential or rural zones\n\nAdvertisements—real estate signs (advertising premises or land for sale or rent) in residential or rural zones\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) Maximum area—2.5m2.\n> \n> > (3) Must not be flashing.\n> \n> > (4) Must be removed within 14 days after the premises or land is sold or let.","sortOrder":281},{"sectionNumber":"sch.2-sec-oc.10","sectionType":"section","heading":"Advertisements—signs behind glass line of shop window in Zone E1, E2, E3, E4 or MU1 (other than in brothels)","content":"#### sch.2-sec-oc.10 Advertisements—signs behind glass line of shop window in Zone E1, E2, E3, E4 or MU1 (other than in brothels)\n\nAdvertisements—signs behind glass line of shop window in Zone E1, E2, E3, E4 or MU1 (other than in brothels)\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) Must not occupy more than 25% of the area of the window.\n> \n> > (3) Must not be flashing.","sortOrder":282},{"sectionNumber":"sch.2-sec-oc.11","sectionType":"section","heading":"Advertisements—temporary signs for religious, cultural, social or recreational events","content":"#### sch.2-sec-oc.11 Advertisements—temporary signs for religious, cultural, social or recreational events\n\nAdvertisements—temporary signs for religious, cultural, social or recreational events\n\n> > (1) Must meet the general requirements for advertisements.\n> \n> > (2) 1 per street frontage.\n> \n> > (3) Maximum area—1.5m2 and maximum height—1.5m in residential and rural zones.\n> \n> > (4) Maximum area—3.5m2 and maximum height—2m in employment and mixed use zones and Zone W4 Working Waterfront.\n> \n> > (5) Must not include commercial advertising apart from name of event sponsor.\n> \n> > (6) Must not be displayed earlier than 28 days before, or later than 14 days after, the event.\n> \n> > (7) Must not be used in relation to recurring events.\n> \n> > (8) Must not be flashing.","sortOrder":283},{"sectionNumber":"sch.2-sec-oc.12","sectionType":"section","heading":"Advertisements—in site, but not visible from outside of site (other than in brothels)","content":"#### sch.2-sec-oc.12 Advertisements—in site, but not visible from outside of site (other than in brothels)\n\nAdvertisements—in site, but not visible from outside of site (other than in brothels)\n\n> Must meet the general requirements for advertisements.","sortOrder":284},{"sectionNumber":"sch.2-sec-oc.13","sectionType":"section","heading":"Outdoor dining (associated with food and drink premises)","content":"#### sch.2-sec-oc.13 Outdoor dining (associated with food and drink premises)\n\nOutdoor dining (associated with food and drink premises)\n\n> > (1) Must be on community land, operational land or a Crown reserve.\n> \n> > (2) Must be associated with an adjacent food and drink premises for which development consent has been granted.","sortOrder":285},{"sectionNumber":"sch.2-sec-oc.14","sectionType":"section","heading":"Temporary events—commercial and community","content":"#### sch.2-sec-oc.14 Temporary events—commercial and community\n\nTemporary events—commercial and community\n\n> > (1) Must take place on the following—\n> > \n> > > (a) land owned by the Council or over which the Council has care, control and management,\n> > \n> > > (b) 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) If the Council has granted a leasing or licensing agreement, the development must be carried out in accordance with the agreement.\n> \n> > (3) If a plan of management under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) or the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) applies to the land or public road, the development must comply with the plan.\n> \n> > (4) If located on one of the following lands, the development must have in place a risk assessment and emergency management plan—\n> > \n> > > (a) bush fire prone land,\n> > \n> > > (b) flood prone land.\n> \n> > (5) The risk assessment and emergency management plan for events on bush fire prone land must include an assessment that—\n> > \n> > > (a) addresses the considerations set out in Planning for Bush Fire Protection, published by the NSW Rural Fire Service in November 2019, in relation to outdoor events in bush fire prone areas, and\n> > \n> > > (b) is prepared by a Bushfire Planning and Design accredited practitioner, and\n> > \n> > > (c) is approved by the Council, and\n> > \n> > > (d) for events held during the bush fire danger period or a total fire ban or on a day of an elevated fire danger rating—includes a requirement to consult with the local NSW Rural Fire Service district manager.\n> \n> > (6) Must not result in the following—\n> > \n> > > (a) site excavations,\n> > \n> > > (b) adverse impact on native flora, fauna and their habitats,\n> > \n> > > (c) permanent physical change to the land on which the use occurs,\n> > \n> > > (d) an alteration of or an addition to a heritage site that may damage the heritage site.\n> \n> > (7) If the development involves an alteration of or addition to a heritage site, the heritage site must be restored to the condition it was in before the temporary event.\n> \n> > (8) In this clause—\n> > \n> > heritage site means the following—\n> > \n> > > (a) a heritage item,\n> > \n> > > (b) an Aboriginal object,\n> > \n> > > (c) an Aboriginal place of heritage significance.\n> > \n> > temporary event means a concert, fair, festival, gathering, market, performance, sporting event or other event that—\n> > \n> > > (a) is open to the public or a section of the public, and\n> > \n> > > (b) does not involve overnight camping or accommodation.","sortOrder":286},{"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 2010 (162), Sch 1.7 \\[11\\]; 2011 (363), Sch 29 \\[42\\]; 2022 (857), Sch 1.10\\[33\\].","sortOrder":287},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":"Alterations and additions to industrial and warehouse buildings in Zone E4, E5 or W4","content":"#### sch.3-sec Alterations and additions to industrial and warehouse buildings in Zone E4, E5 or W4\n\nAlterations and additions to industrial and warehouse buildings in Zone E4, E5 or W4\n\n> > (1) Must not be on lots that are adjacent to land in residential or recreation zones.\n> \n> > (2) Must not involve change to the use of the premises.\n> \n> > (3) Maximum additional floor area—1,000m2 or 25% of existing floor area (whichever is the lesser).\n> \n> > (4) Maximum floor space ratio—1:1.\n> \n> > (5) Maximum height of any structure—8.5m.\n> \n> > (6) Minimum setback for any structure—\n> > \n> > > (a) from an arterial road (or arterial road widening)—20m, or\n> > \n> > > (b) from a local road (or local road widening)—10m, or\n> > \n> > > (c) from other boundaries—5m.\n> \n> > (7) Minimum setback for any paved area wider than 1.5m—\n> > \n> > > (a) from an arterial road (or arterial road widening)—5m, or\n> > \n> > > (b) from a local road (or local road widening)—5m, or\n> > \n> > > (c) from other boundaries—3.5m.\n> \n> > (8) Must have at least 1 window opening, door opening or other wall variation of more than 50mm for every 20m of wall length facing the front boundary.\n> \n> > (9) Earthworks must not extend more than—\n> > \n> > > (a) 900mm above ground level (existing), or\n> > \n> > > (b) 600mm below ground level (existing).\n> \n> > (10) Any roof or surface drainage area must have a drainage system that—\n> > \n> > > (a) captures the roof or surface water, and\n> > \n> > > (b) discharges that water into the inter-allotment or street stormwater drainage system, and\n> > \n> > > (c) limits the rate of discharge into Council’s kerb and gutter to less than 20L per second without using on-site detention systems, and\n> > \n> > > (d) caters for a 1 in 20 year storm event and directs excess water over land to the street.\n> \n> > (11) Must provide and maintain, adjacent to any street, a landscaped area with a minimum width of 5m that is designed by a suitably qualified landscape architect and that has mounding to a height of at least 600mm along the majority of any frontage to an arterial road.\n> \n> > (12) Must ensure that there are in each landscaped area at least 3 trees (that grow to a mature height of over 5m), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.\n> \n> > (13) Must provide a landscaped bay with a minimum width of 1.5m containing at least 1 tree, at the end of at least every 10 car parking spaces in the front setback.\n> \n> > (14) Must provide at least 1 car parking space for every 40m2 of gross floor area of any building used for the purpose of office premises and at least 1 car parking space for every 70m2 of gross floor of any building used for any other purpose.\n> \n> > (15) Must not reduce any vehicle loading area or remove any such area.\n> \n> > (16) Must not change the location or number of driveway entries onto the property.\n> \n> > (17) Driveways must—\n> > \n> > > (a) be at least 10m from any road intersection, and\n> > \n> > > (b) be no wider than 7m crossing any landscaped strip to the front street or a side street, and\n> > \n> > > (c) permit all vehicles to enter and exit the site in a forward direction.\n> \n> > (18) Must locate garbage and storage areas behind the building line for each street frontage.","sortOrder":289},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"Dwelling houses in Zone R5 Large Lot Residential","content":"#### sch.3-sec-oc.2 Dwelling houses in Zone R5 Large Lot Residential\n\nDwelling houses in Zone R5 Large Lot Residential\n\n> > (1) Must be the construction of a dwelling house including any ancillary development related to that house (such as garages, awnings or swimming pools).\n> \n> > (2) Must be entirely in Zone R5 Large Lot Residential.\n> \n> > (3) The property must have a street frontage width of at least 20m and an area of at least 2,500m2.\n> \n> > (4) Maximum floor space ratio—0.1:1.\n> \n> > (5) The setback from the front property boundary—\n> > \n> > > (a) to the front wall of the dwelling house closest to the street must be between 12m and 25m, and\n> > \n> > > (b) to any other front walls of the dwelling house that are over 2m wide must be between 4.5m and 8m.\n> \n> > (6) Maximum width of the dwelling (not including ancillary components)—20m.\n> \n> > (7) Maximum depth of the dwelling (not including ancillary components)—20m.\n> \n> > (8) Minimum setback from the rear property boundary to the rear walls of the dwelling—12m.\n> \n> > (9) Minimum setback from side property boundaries to the walls of the dwelling—5m.\n> \n> > (10) Maximum height of any structure (other than a structure that is exempt development)—8.5m.\n> \n> > (11) Maximum height of a single storey structure (other than a structure that is exempt development)—5m.\n> \n> > (12) Maximum number of storeys—2.\n> \n> > (13) Maximum height of the ground floor level—800mm above ground level (existing).\n> \n> > (14) Maximum height of any raised platform (associated with a deck, retaining wall, fill or otherwise) behind the front setback—800mm but if within 3m of any property boundary—300mm.\n> \n> > (15) Earthworks must not extend more than—\n> > \n> > > (a) 300mm above ground level (existing), or\n> > \n> > > (b) 500mm above ground level (existing) if retained behind an edge beam wall of the dwelling, or\n> > \n> > > (c) 500mm below ground level (existing).\n> \n> > (16) Maximum depth of any second storey balcony—3m.\n> \n> > (17) Any second storey balcony must be at least 10m from the rear property boundary.\n> \n> > (18) Maximum height between a floor and the ceiling above—4.5m.\n> \n> > (19) Minimum height between a floor in a habitable area and the ceiling above—2.4m.\n> \n> > (20) Materials, colours and finishes must be visually compatible with those existing in the surrounding area.\n> \n> > (21) Must provide and maintain, on the rear half of the property, private open space of at least 300m2 with a minimum width of 6m.\n> \n> > (22) Must provide and maintain, on the rear half of the property, a soft landscaped area of at least 100m2 with a minimum width of 5m that has no hard paved surface other than garden edging, retaining structure or similar.\n> \n> > (23) Must provide and maintain, on the front setback, a soft landscaped area of at least 15m2 with a minimum width of 2.5m that has no hard paved surface other than garden edging, retaining structure or similar.\n> \n> > (24) Must ensure that there are at least 3 trees (that grow to a mature height of over 5m and are not exempt trees), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.\n> \n> > (25) Must provide and maintain at least 2 car parking spaces, 1 that is behind the building line and is at least 3m wide and 5.5m long (that must be covered) and 1 that is at least 2.5m wide and 5.5m long (that may be covered, but only if behind the building line).\n> \n> > (26) Maximum width of any garage or carport (including walls)—7m (unless entirely behind the dwelling).\n> \n> > (27) Any garage or carport must be set back at least 1m behind the front wall of the dwelling closest to the street.\n> \n> > (28) Maximum width of driveways at the property boundary—6m.\n> \n> > (29) Minimum distance of driveways from any road intersection—6m.\n> \n> > (30) Driveways outside the property boundary must be constructed at right angles to the kerb and guttering and must be at least 500mm from any telegraph pole, street furniture or drainage structure.\n> \n> > (31) Any covered outdoor area (including awnings, pergolas, gazebos, verandahs, entry foyers or similar) must be open for at least 50% of its perimeter between 1m and 2m above the inside floor level.\n> \n> > (32) Any structure with a roof area of more than 10m2 must have guttering and downpipes that capture the water from the roofed area and discharge that water—\n> > \n> > > (a) into the inter-allotment or street stormwater drainage system, or\n> > \n> > > (b) into rainwater tanks that discharge any overflow into any such stormwater system.\n> \n> > (33) Maximum area of any swimming pool or spa pool—50m2.\n> \n> > (34) Any swimming pool or spa pool—\n> > \n> > > (a) must be behind the dwelling, and\n> > \n> > > (b) must be at least 1.2m from any side or rear property boundary, and\n> > \n> > > (c) must be at least 4m from the principal access point to the main living areas of the dwelling, and\n> > \n> > > (d) must be surrounded by a graded surface that diverts water away from the pool, buildings and neighbouring properties.\n> \n> > (35) Maximum height of any coping or decking around a swimming pool or spa pool—900mm above ground level (natural) or if within 3m of any side or rear property boundary—400mm above ground level (natural).","sortOrder":290},{"sectionNumber":"sch.3-sec-oc.3","sectionType":"section","heading":"General conditions","content":"#### sch.3-sec-oc.3 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":292},{"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 2010 (461), Sch 1 \\[1\\] \\[2\\]; 2010 (641), Sch 1; 2010 (712), Sch 1; 2012 (208), Sch 1 \\[1\\]–\\[3\\]; 2013 (641), Sch 1 \\[1\\]; 2021 (112), Sch 1\\[1\\]\\[2\\]; 2024 (191), Sch 1.","sortOrder":293},{"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 2011 (390), Sch 2 \\[2\\]; 2012 (25), Sch 1 \\[5\\] \\[6\\]; 2014 (351), Sch 1 \\[5\\]; 2015 (764), cl 5; 2018 (33), cl 5; 2018 (255), Sch 1 \\[6\\]; 2019 (147), cl 5; 2020 (548), cl 5; 2021 (192), Sch 1\\[1\\]–\\[258\\]; 2022 (459), Sch 1; 2023 (259), cl 5(2); 2023 (661), Sch 1; 2024 (73), Sch 1.","sortOrder":297},{"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":300},{"sectionNumber":"Division 1","sectionType":"division","heading":"Site location requirements","content":"## Division 1 Site location requirements\n\nDivision 1 Site location requirements","sortOrder":302},{"sectionNumber":"Division 2","sectionType":"division","heading":"Operational requirements","content":"## Division 2 Operational requirements\n\nDivision 2 Operational requirements","sortOrder":304}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The supplied notes show the Plan consolidates and replaces earlier local environmental plans for land shown on the Land Application Map (cl.1.8) and includes savings for pending development applications (cl.1.8A). The notes do not record any material change from the Plan’s original stated aims; no evidence in the supplied material indicates a change of scope from the Plan’s original intent."},"complexity_factors":["Broad subject coverage spanning urban release, heritage protection, flood and bushfire risk, aquaculture and intensive livestock controls (see cl.1.2; 5.10; 5.11; 5.18; 5.19; 6.2).","Detailed, prescriptive numeric standards and operational rules in schedules (e.g. sch.3‑sec‑oc.1 and sch.3‑sec‑oc.2: setbacks, heights, FSR, landscaping, parking, drainage).","Map‑based application and exclusion of deferred matters, plus repeal/transition of prior instruments (cl.1.3; 1.8; 1.8A).","Multiple statutory interactions and supremacy rules (state environmental planning policies and other Acts) creating potential conflicts (cl.1.9; 1.9A).","Consent‑authority discretion coupled with specific duties to notify/consult other agencies and Aboriginal communities (cl.1.6; 5.10(4)–(9)).","Numerous thresholds, exemptions and conditional ‘‘without consent’’ permissions that require fact‑specific assessment (e.g. intensive livestock thresholds at 5.18(4)–(6); aquaculture permissions at 5.19(4)–(6)).","Cross‑references to external technical guidelines and manuals (flood and risk management guidance cited at 5.21–5.22) increasing implementation reliance on other instruments."],"plain_english_summary":"This Local Environmental Plan sets the legal rules for land identified on its maps in the Wollongong area. It lists what development needs council consent, prescribes numeric controls (heights, setbacks, floor‑space ratios, parking, landscaping) and imposes requirements for heritage, flood and bushfire risk, aquaculture and intensive livestock.\n\nIt affects landowners, developers and the Council: developers bear compliance costs and assessment obligations; the Council is the consent authority, may require heritage/flood assessments and notifications, and must apply state policies and the adopted maps."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"As a living instrument amended over 90 times across 16 years, the plan's scope has materially evolved from its 2010 original. Individual amendments have rezoned specific parcels, altered height limits, introduced new land use categories, and responded to state government policy changes — meaning the current plan covers different ground, with different rules, than when first made."},"complexity_factors":["Standard instrument LEP framework requires cross-referencing with the Environmental Planning and Assessment Act 1979 and the Standard Instrument (Local Environmental Plans) Order 2006","Highly spatial in nature — rules vary parcel by parcel depending on zone, making it impossible to understand without consulting zoning maps","Over 90 amendments since 2010 means the current version is significantly different from the original, requiring careful attention to which version applied at any given time","Multiple overlapping controls (zoning, height limits, heritage, flood risk, biodiversity) interact in complex ways for any given property","Frequent amendments (sometimes within days of each other) create temporal complexity — the applicable rules depend on the exact date of a development application","Interplay with state environmental planning policies (SEPPs) can override or modify LEP provisions, adding another layer of rules not visible in the LEP itself","Interpretation of terms like 'permissible with consent', 'exempt development', and land use definitions requires legal and planning expertise"],"plain_english_summary":"## Wollongong Local Environmental Plan 2009\n\n**What is this?**\n\nThis is the main planning rulebook for the **Wollongong local government area** in NSW. A Local Environmental Plan (LEP) is essentially a legally binding document that controls how land can be used and what can be built across an entire council area. Think of it as the master rulebook that determines whether your block of land can be used for a house, a shop, a factory, or left as open space.\n\n**Who does it affect?**\n\nThis plan affects **everyone** who owns, uses, develops, or lives on land within the Wollongong City Council area — that includes homeowners, developers, businesses, farmers, and community organisations. If you want to build something, change how you use your property, or subdivide land in Wollongong, this plan sets the rules you must follow.\n\n**What does it actually do?**\n\n- **Zones your land** — assigns each parcel of land a zone (e.g. residential, commercial, industrial, environmental conservation) that determines what activities are allowed, what require approval, and what is outright prohibited\n- **Sets development standards** — controls things like building height limits, how much of your block can be covered by a building, and minimum lot sizes\n- **Protects special areas** — heritage sites, environmentally sensitive land, and areas at risk from flooding or other hazards get extra rules\n- **Guides future growth** — shapes where housing, businesses, and infrastructure can expand over time\n\n**Why does it matter?**\n\nThis plan has been **amended over 90 times** since it first came into force in February 2010, and is still actively updated (most recently in February 2026). This reflects the ongoing nature of urban planning — rules get tweaked as new development proposals arise, state government policies change, and community needs evolve. Every time it is amended, the rules on what you can do with your land may change."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":735},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Plan has expanded significantly from its original 2009 form. Major additions include: the North Wollongong Station Precinct affordable housing provisions (2025), Warrawong Plaza development requirements (2025), design excellence clauses for the city centre (2014 onwards), active frontages requirements (2018/2024), overshadowing protections for multiple public parks (2022–2024), and updated flood planning provisions (2023). The heritage schedule has grown substantially with hundreds of listed items. These additions reflect a shift from basic zoning to sophisticated place-based planning with social and design objectives."},"complexity_factors":["Multiple overlapping zone categories (25 zones) with detailed land use tables","Extensive cross-referencing to external maps (Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, etc.)","Numerous site-specific provisions and precinct-based controls (North Wollongong Station Precinct, Wollongong city centre, Warrawong)","Complex mathematical formulas for floor space ratio calculations in the city centre","Heritage provisions with multiple layers of protection (State, local, archaeological, Aboriginal)","Nested exceptions and savings provisions (clauses 4.6, 4.2A with multiple sub-conditions)","Schedule-based structure with 6 schedules containing detailed technical requirements","Frequent amendments (noted throughout) creating layered legislative history","Conditional logic for exempt and complying development with multiple qualifying criteria","Specific environmental constraints (acid sulfate soils, riparian lands, biodiversity, flood planning) with technical assessment requirements"],"plain_english_summary":"This is the **Wollongong Local Environmental Plan 2009**, a comprehensive planning rulebook that controls what can be built and how land can be used across the Wollongong region in NSW.\n\n**What it does:**\n- **Zones land** into categories like residential (R1–R5), rural (RU1–RU4), employment (E1–E5), conservation (C1–C4), and waterways (W1–W4). Each zone has specific rules about what development is allowed, prohibited, or needs council approval.\n- **Sets development standards** including minimum lot sizes for subdivision, maximum building heights, and floor space ratios (how much building you can put on a site).\n- **Protects sensitive areas** including the Illawarra Escarpment, Lake Illawarra, drinking water catchments, flood-prone land, heritage sites, and biodiversity hotspots.\n- **Streamlines approvals** by identifying \"exempt development\" (no approval needed) and \"complying development\" (fast-tracked approval if standards are met).\n- **Includes special rules** for the Wollongong city centre (design excellence, sun plane protection, active frontages), affordable housing contributions, and specific sites like the North Wollongong Station Precinct and Warrawong Plaza.\n\n**Who it affects:**\n- Property owners, developers, and businesses seeking to build or change land use\n- Wollongong City Council as the consent authority\n- Anyone in the Wollongong local government area, from urban centres to rural landscapes and coastal zones\n\n**Why it matters:**\nThe Plan balances growth with protection—encouraging housing and economic development while safeguarding the region's natural beauty, heritage, and environmental values. It has been amended numerous times since 2009 to respond to changing needs, including recent updates for affordable housing and flood planning."}},"importantCases":[],"_links":{"self":"/api/acts/wollongong-local-environmental-plan-2009","history":"/api/acts/wollongong-local-environmental-plan-2009/history","analysis":"/api/acts/wollongong-local-environmental-plan-2009/analysis","conflicts":"/api/acts/wollongong-local-environmental-plan-2009/conflicts","importantCases":"/api/acts/wollongong-local-environmental-plan-2009/important-cases","documents":"/api/acts/wollongong-local-environmental-plan-2009/documents"}}