Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
New South Wales regulation
This Plan replaces earlier local environmental plans for the Bayside area and sets the planning rules the Council will apply to land shown on its maps. It prescribes where development is allowed or restricted and sets technical requirements for matters such as aquaculture, licensed‑premises music, flooding, public bushland, acid sulfate soils, earthworks, stormwater and biodiversity. Developers and operators bear compliance costs; the Council is the consent authority and decides approvals; landowners, operators and public authorities are the main groups affected.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Bayside Local Environmental Plan 2021.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU4 Primary Production Small Lots
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
cl 2.1: Am 2022 (829), Sch 1.1[1]; 2025 (202), Sch 1[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, 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
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2022 (829), Sch 1.1[2] (am 2023 (82), Sch 1.3[1]); 2023 (458), Sch 2.4; 2025 (202), Sch 1[3].
Zone RU4 Primary Production Small Lots
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone SP4 Enterprise
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W3 Working Waterways
3 Permitted with consent
Agritourism; Aquaculture; Building identification signs; Dwelling houses; Environmental protection works; Farm buildings; Flood mitigation works; Plant nurseries; Roads; Roadside stalls; Water supply systems
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(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 (the owner-initiated acquisition provisions).
Note.
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 requires the authority to acquire the land.
(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 (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).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Local Open Space (Arncliffe)” | The corporation constituted under section 2.5 of the Act | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Classified road widening” | Transport for NSW | | Zone SP2 Infrastructure and marked “Local road widening” | Council | | Zone SP2 Infrastructure and marked “School” | Department of Education | | Zone SP2 Infrastructure and marked “Stormwater” | Sydney Water Corporation | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone R2 Low Density Residential and marked “Car parks”, “Local road” or “Local road widening” | Council | | Zone R2 Low Density Residential and marked “School” | Department of Education | | Zone R3 Medium Density Residential and marked “Local road” or “Local road widening” | Council | | Zone R4 High Density Residential and marked “Local road” or “Local road widening” | Council | | Zone E1 Local Centre and marked “Local road” or “Local road widening” | Council | | Zone MU1 Mixed Use and marked “Car parks”, “Local road” or “Local road widening” | Council |
(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.
cl 5.1: Am 2022 (829), Sch 1.1[3] [4].
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(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 as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 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. | | 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. | | 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. |
(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.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(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
(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.
(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)—
(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,
(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),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Part 7 Intensive urban development
7.1 Public utility infrastructure
(1) Development consent must not be granted for development on land in an intensive urban development area unless the Council 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 required.
(2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(3) In this clause—
public utility infrastructure, in relation to an intensive urban development area, includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2022 (829), Sch 1.1[5] [6]; 2024 (571), Sch 1[1]–[8]; 2025 (127), Sch 1; 2025 (164), Sch 1; 2025 (202), Sch 1[5]; 2025 (606), Sch 1[2] [3].
8 Use of certain land at Florence Avenue, Eastlakes
(1) This clause applies to land at Florence Avenue, Eastlakes, being Lot 3, DP 791176 and identified as “5” on the Additional Permitted Uses Map.
(2) Development for the purposes of light industries and a warehouse or distribution centre is permitted with development consent.
9 Use of certain land at 75 Gardeners Road, Eastlakes
(1) This clause applies to land at Lot 51, DP 1216168, 75 Gardeners Road, Eastlakes, identified as “6” on the Additional Permitted Uses Map.
(2) Development for the purposes of entertainment facilities, food and drink premises, function centres, garden centres, hardware and building supplies, landscaping material supplies, recreation areas and recreation facilities (indoor) is permitted with development consent.
10 Use of certain land at King Street, Eastlakes
(1) This clause applies to land at L’Estrange Park, King Street, Eastlakes, being Lot 7068, DP 1028505 and identified as “7” on the Additional Permitted Uses Map.
(2) Development for the purposes of a depot and public administration building is permitted with development consent.
11 (Repealed)
12 Use of certain land at 58 President Avenue, Kogarah
(1) This clause applies to land at 58 President Avenue, Kogarah being Lot 37, DP 1052178 and identified as “24” on the Additional Permitted Uses Map.
(2) Development for the purposes of a car park at ground level is permitted with development consent.
13 Use of certain land at Coward Street, John Street, Haran Street, Church Avenue, O’Riordan Street and Gardeners Road, Mascot
(1) This clause applies to land at Coward Street, John Street, Haran Street, Church Avenue, O’Riordan Street and Gardeners Road, Mascot, known as Linear Park, being Lots 1, 2 and 4 and part of Lots 3 and 5, DP 85917 and Lot 1, DP 224757 and identified as “9” on the Additional Permitted Uses Map.
(2) Development for the purposes of a recreation area is permitted with development consent.
14 Use of certain land at Coward Street, King Street and Kent Road, Mascot
(1) This clause applies to the following land at Coward Street, King Street and Kent Road, Mascot, identified as “10” on the Additional Permitted Uses Map—
(a)–(c) (Repealed)
(d) Lots 103 and 104, DP 1282564,
(e) Lots 2 and 4, DP 234489,
(f) Lot 2, DP 510447.
(2) Development is permitted with development consent—
(a) for any of the following purposes, but only if the purpose relates to the use of Sydney (Kingsford Smith) Airport—
(i) commercial premises,
(ii) function centres,
(iii) information and education facilities,
(iv) passenger transport facilities,
(v) tourist and visitor accommodation, or
(b) for the purpose of any other building or place used only for purposes that relate to the use of Sydney (Kingsford Smith) Airport.
(3) Without limiting subclause (2), development is permitted with development consent for the purpose of a building or place used for the provision of any of the following services—
(a) services related to any of the following uses carried out at Sydney (Kingsford Smith) Airport—
(i) the assembly, storage or land transport of air freight,
(ii) the accommodation, or transportation by air or land, of air passengers or air crew,
(iii) the storage, operation, maintenance or repair of aircraft or aircraft components,
(iv) the administrative functions associated with the airport, such as airport management and security,
(v) the functions of government departments and authorities related to air passengers and air freight,
(b) services provided for hotel or motel guests, including banking, dry cleaning, hairdressing and the like, that are located within the confines of the hotel or motel building.
(4) In determining whether to grant development consent under this clause, the consent authority must consider the following—
(a) whether or not the development is likely to support the role of Sydney (Kingsford Smith) Airport and environs as a transport gateway,
(b) whether or not the development is likely to compromise the viability of adjoining industrial uses.
15 Use of certain land at 2 Hollingshed Street, Mascot
(1) This clause applies to land at 2 Hollingshed Street, Mascot, being Lot 2, DP 827779 and identified as “11” on the Additional Permitted Uses Map.
(2) Development for the purposes of a depot is permitted with development consent.
16 Use of certain land at 60 Kent Road, Mascot
(1) This clause applies to land at 60 Kent Road, Mascot, being Lot 7, DP 38594 and identified as “12” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises and office premises (but not restricted premises) is permitted with development consent.
17 Use of certain land at King Street, Mascot
(1) This clause applies to land at King Street, Mascot, being Lot 2, DP 510447 and identified as “13” on the Additional Permitted Uses Map.
(2) Development for any of the following purposes is permitted with development consent, but only if the purpose relates to the use of Sydney (Kingsford Smith) Airport—
(a) freight transport facilities,
(b) industrial training facilities,
(c) general industries,
(d) light industries,
(e) storage premises,
(f) transport depots.
(3) In determining whether to grant development consent under this clause, the consent authority must consider the following—
(a) whether or not the development is likely to support the role of Sydney (Kingsford Smith) Airport and environs as a transport gateway,
(b) whether or not the development is likely to compromise the viability of adjoining industrial uses.
18 Use of certain land along Qantas Drive, Mascot
(1) This clause applies to the following land adjacent to Qantas Drive, Mascot, identified as “14” on the Additional Permitted Uses Map—
(a) Part Lot 95, DP 1157632,
(b) Part Lot 11, DP 213317,
(c) Lot 17, DP 217443,
(d) Lot 6, DP 209847,
(e) Part Lot 9, DP 747022.
(2) Development for the purposes of signage is permitted with development consent.
19 Use of certain land at Robey and High Streets, Mascot
(1) This clause applies to land at Robey and High Streets, Mascot, being Lots 4 and 5, DP 632359, known as John Curtin Reserve and identified as “15” on the Additional Permitted Uses Map.
(2) Development for the purposes of a depot and public administration building is permitted with development consent.
20 Use of certain land at 128 Bunnerong Road, Pagewood and 120 Banks Avenue, Eastgardens
(1) This clause applies to land at Lot 100, DP 1250842 and Lot 24, DP 1242288, 128 Bunnerong Road and 120 Banks Avenue, Eastgardens, identified as “33” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) serviced apartments,
(b) commercial premises,
(c) recreation facilities (indoor).
21 Use of certain land at Bay Street Open Space Precinct, Rockdale
(1) This clause applies to land known as Ador Avenue Reserve, McCarthy Reserve, Rockdale Women’s Playing Fields and former Rockdale Bowling Club, identified as “25” on the Additional Permitted Uses Map, being—
(a) 170 Bay Street, Rockdale being Lot D, DP 332630, Lot 2, DP 519343, Lot 2, DP 518813, part Lot 1, DP 721666 and part Lot 1, DP 724135, and
(b) 9 Ador Avenue, Rockdale being Lot 27, DP 13109 and part Lot 1, DP 721666, and
(c) 310 West Botany Street, Rockdale being Lot 1, DP 517350 and Lot 1, DP 34647, and
(d) 310A West Botany Street, Rockdale being Lot E, DP 15263 and Lot 1, DP 529102, and
(e) 331 West Botany Street, Rockdale being part Lot 1, DP 721666, and
(f) 339 West Botany Street, Rockdale being part Lot 1, DP 721666 and part Lot 1, DP 724135, and
(g) 341 West Botany Street, Rockdale being part Lot 1, DP 721666, part Lot 1, DP 724135 and Lot 2, DP 302304.
(2) Development for the purposes of information and education facilities, kiosks, office premises, public administration buildings, recreation facilities (major) and retail premises is permitted with development consent.
22 Use of certain land at 564–570 Princes Highway and 75–81 Railway Street, Rockdale
(1) This clause applies to land at 564–570 Princes Highway and 75–81 Railway Street, Rockdale, identified as “26” on the Additional Permitted Uses Map, being—
(a) SP 96651 and Lot 2, DP 529876, and
(b) Lot 101, DP 771165, Lot 3, DP 82942, Lot 1, DP 455421 and Lot 1, DP 912313.
(2) Development for the purpose of residential flat buildings at ground floor is permitted with development consent if the ground floor of the building facing Princes Highway, Railway Street or Parker Street is used for commercial premises.
23 Use of certain land at 432 West Botany Street, Rockdale
(1) This clause applies to land at 432 West Botany Street, Rockdale, SP 34276 and identified as “27” on the Additional Permitted Uses Map.
(2) Development for the purposes of a shop associated with a charitable organisation is permitted with development consent.
24 (Repealed)
25 Use of certain land at 395 Gardeners Road, Rosebery
(1) This clause applies to land at 395 Gardeners Road, Rosebery, being Lot 1, DP 75748 and identified as “17” on the Additional Permitted Uses Map.
(2) Development for the purposes of a service station and vehicle repair station is permitted with development consent.
26 (Repealed)
27 Use of certain land at 1 and 3 Macquarie Street and 3 and 3A Maloney Street, Rosebery
(1) This clause applies to land at 1 and 3 Macquarie Street and 3 and 3A Maloney Street, Rosebery, being Lots 5, 6 and 8, DP 18556 and Lot 11, DP 1142723 and identified as “19” on the Additional Permitted Uses Map.
(2) Development for the purposes of a car park in association with the use of the hotel at 305 Gardeners Road, Rosebery, known as The Lakes Hotel, is permitted with development consent.
28 Use of certain land at 55 Sanoni Avenue, Sandringham
(1) This clause applies to land at 55 Sanoni Avenue, Sandringham being Lot 436, DP 752056 and identified as “32” on the Additional Permitted Uses Map.
(2) Development for the purposes of a registered club or a restaurant or cafe is permitted with development consent.
29 Use of certain land at Kendall Street Reserve, Sans Souci
(1) This clause applies to land at 4–24 Lawson Street, Sans Souci being Lot 12, DP 229778 and identified as “28” on the Additional Permitted Uses Map.
(2) Development for the purposes of an educational establishment is permitted with development consent.
30 Use of certain land at 50 Park Road, Sans Souci
(1) This clause applies to land at 50 Park Road, Sans Souci being Lot 1, DP 1152183 and identified as “31” on the Additional Permitted Uses Map.
(2) Development for the purposes of a registered club or a restaurant or cafe is permitted with development consent.
31 Use of certain land at Cahill Park, 2 and 2A Princes Highway, Wolli Creek
(1) This clause applies to land known as Cahill Park, Part Lot 50, DP 1223957, 2 and 2A Princes Highway, Wolli Creek, identified as “29” on the Additional Permitted Uses Map.
(2) Development for the purposes of a restaurant or cafe is permitted with development consent.
32 Use of certain land at 55–107 Princes Highway, Wolli Creek
(1) This clause applies to 55–93, 95–103 and 107 Princes Highway, Wolli Creek, identified as “30” on the Additional Permitted Uses Map, being—
(a) Lot 1, DP 124350, and
(b) Lot 1, DP 366899, and
(c) Lot Y, DP 406764, and
(d) Lot C, DP 358076, and
(e) Lot 2, DP 366899, and
(f) Lot 1, DP 434701, and
(g) Lot 1, DP 435902, and
(h) Lot 1, DP 437335, and
(i) Lot 1, DP 437151, and
(j) Lot 5, DP 538220, and
(k) Lot 2, DP 221119, and
(l) Lot 1, DP 733375.
(2) Development for the purposes of vehicle body repair workshops and vehicle repair stations is permitted with development consent.
33 Use of certain land at Astrolabe Park, Rhodes Street Reserve and Mutch Park
(1) This clause applies to the following land, identified as “20” on the Additional Permitted Uses Map—
(a) land at Isaac Smith Street, Daceyville, being Lot 2825, DP 752015, known as Astrolabe Park,
(b) land at Rhodes Street, Hillsdale, being Lot 245, DP 752015, Lot 1, DP 122212 and Lot 1, DP 813900, known as Rhodes Street Reserve,
(c) land at Wentworth Avenue, Pagewood, being Lots 3881 and 3882, DP 752015, known as Mutch Park.
(2) Development for the purposes of a recreation area is permitted with development consent.
34 Use of certain land in R2 Low Density Residential zone for multi-dwelling housing and residential flat buildings
(1) This clause applies to land identified as “34” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) multi-dwelling housing,
(b) residential flat buildings.
(3) Despite subclause (2), development consent must not be granted to development for the purposes of residential flat buildings or multi-dwelling housing on land to which this clause applies unless—
(a) the development is a building that was designed and constructed for, or on land that, on the commencement of this Plan, was used for, a purpose other than residential accommodation, and
(b) the consent authority has considered—
(i) the impact of the development on the scale and streetscape of the surrounding locality, and
(ii) the suitability of the building or land for adaptive reuse, and
(iii) the degree of modification of the footprint and facade of the building.
35 Use of certain land in R3 Medium Density Residential zone for residential flat buildings
(1) This clause applies to land identified as “35” on the Additional Permitted Uses Map.
(2) Development for the purposes of a residential flat building is permitted with development consent.
36 Use of land at 32 Bay Street, Rockdale
(1) This clause applies to Lot 14, Section 1, DP 1547 and Lot 1, DP 1094695, 32 Bay Street, Rockdale, identified as “36” on the Additional Permitted Uses Map.
(2) Development for the purposes of a single registered club is permitted with development consent.
37 Use of land at 471 Princes Highway, Rockdale
(1) This clause applies to Lot 2, DP 112857, 471 Princes Highway, Rockdale, identified as “37” on the Additional Permitted Uses Map.
(2) Development for the purposes of restricted premises is permitted with development consent.
38 Use of land at 17 The Seven Ways, Rockdale
(1) This clause applies to Lot 8, DP 12036, 17 The Seven Ways, Rockdale, identified as “38” on the Additional Permitted Uses Map.
(2) Development for the purposes of sex services premises is permitted with development consent.
39 Use of certain land in Zone E3
(1) This clause applies to land in Zone E3, identified as “39” on the Additional Permitted Uses Map.
(2) Development for the purposes of waste or resource transfer stations is permitted with development consent.
40 Use of land at 55 Kent Road and 293 Coward Street, Mascot
(1) This clause applies to the following land at Mascot, identified as “40” on the Additional Permitted Uses Map—
(a) Lot X, DP 408199, 55 Kent Road, and
(b) Lot 2, DP 1063293, 293 Coward Street.
(2) Development for the purposes of restaurants or cafes is permitted with development consent.
41 Use of certain land in Zone E4
(1) This clause applies to land in Zone E4, identified as “41” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation facilities (indoor) is permitted with development consent.
42 Use of land at 12 and 13 Production Avenue, Kogarah
(1) This clause applies to Lots 30 and 12, DP 29275, 12 and 13 Production Avenue, Kogarah, identified as “42” on the Additional Permitted Uses Map.
(2) Development for the purposes of restricted premises is permitted with development consent.
43 Use of certain land in Zones E1 and E3
(1) This clause applies to land in Zones E1 and E3, identified as “43” on the Additional Permitted Uses Map.
(2) Development for the purposes of tourist and visitor accommodation is permitted with development consent.
44 Use of certain land in Zone E3
(1) This clause applies to land in Zone E3, identified as “44” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures is permitted with development consent.
45 Use of certain land at Wentworth Avenue, Eastlakes
(1) This clause applies to land identified as “45” on the Additional Permitted Uses Map.
(2) Development for the purposes of signage is permitted with development consent.
46 Use of land at 179–183 Russell Avenue, Dolls Point
(1) This clause applies to Lots 66–73, DP 2237, 179–183 Russell Avenue, Dolls Point, identified as “46” on the Additional Permitted Uses Map.
(2) Development for the purposes of restaurants or cafes is permitted with development consent if the gross floor area of all restaurants or cafes on the land is no more than 825m2.
47 Use of certain land at 19 Marsh Street, Arncliffe
(1) This clause applies to Lot 31, DP 1231484, 19 Marsh Street, Arncliffe, identified as “47” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures is permitted with development consent.
48 Use of land at 263–273 and 273A Coward Street, Mascot
(1) This clause applies to Lots 100 and 101, DP 1277278, Lot 3, DP 230355 and Lot 5, DP 1276735, 263–273 and 273A Coward Street, Mascot, identified as “48” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) if the total floor area of all office premises on the land is no more than 5% of the total floor area of all buildings on the land—office premises,
(b) if the total floor area of all restaurants or cafes on the land is no more than 1,300m2—restaurants or cafes.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt 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.
sch 2: Am 2025 (262), Sch 1.
Signage—bus shelter advertising
(1) Must not extend beyond the perimeter of the bus shelter.
(2) Must not contain neon, flashing or continuously moving electronic content.
(3) Must not adversely impact the amenity of a heritage item or heritage conservation area.
(4) Must not obstruct sight lines for drivers, cyclists or pedestrians.
(5) Must be erected by or on behalf of the Council.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 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.
General conditions
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.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2025 (202), Sch 1[6].
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2024 (226), Sch 1; 2024 (571), Sch 1[9]–[70]; 2025 (128), Sch 1[1]–[3].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Bayside Local Environmental Plan 2021.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Bayside in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to protect, conserve and enhance Aboriginal cultural heritage and the environmental, cultural, scenic, built and landscape heritage of Bayside,
(b) to provide high quality open space areas and recreational facilities,
(c) to reduce community risk and improve resilience to, and from, urban and natural hazards,
(d) to encourage sustainable economic growth and development in Bayside,
(e) to create a liveable urban place through the application of design excellence in all elements of the built environment and public domain,
(f) to encourage diversity in housing to meet the needs of, and enhance amenity for, Bayside residents,
(g) to encourage walking, cycling and use of public transport through appropriate intensification of development densities surrounding transport nodes,
(h) to encourage development that demonstrates efficient and sustainable use of energy and resources in accordance with ecologically sustainable development principles,
(i) to enhance and protect the functions and roles of the international trade gateways of Sydney Airport and Port Botany,
(j) to increase urban tree canopy cover and enable the protection and enhancement of green corridor connections,
(k) to promote and enhance the amenity of Botany Bay’s foreshores and Bayside’s waterways.
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Botany Bay Local Environmental Plan 2013
Botany Local Environmental Plan 1995
Rockdale Local Environmental Plan 2011
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any biodiversity certification conferred under Part 8 of the Biodiversity Conservation Act 2016, or
(c) to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(e) to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act 2013, or
(f) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to any planning agreement within the meaning of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU4 Primary Production Small Lots
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
cl 2.1: Am 2022 (829), Sch 1.1[1]; 2025 (202), Sch 1[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land o
This is an opening excerpt, not the complete document.