This LEP organises the local planning regime around a set of recurring legal and geographic instruments. The principal concepts are:

• Zoning and the Land Use Table (cls 2.1-2.3). The Plan lists zones (R1, R2, R3, E1, E3, MU1, SP2, RE1, RE2) (cl 2.1) and the Land Use Table specifies objectives for each zone, development that may be carried out without consent, development that requires consent and development that is prohibited (cl 2.3(1), Land Use Table). The consent authority must have regard to zone objectives when determining DAs (cl 2.3(2)).

• Mapped numerical standards. Maximum heights (cl 4.3) and floor space ratios (cl 4.4) are determined by the relevant maps. Clause 4.3A creates building height planes as a mapped control in “Area A” with technical parameters (cl 4.3A(2)-(3)). Clause 4.4A creates detailed exceptions and area‑based limits for residential gross floor area and serviced‑apartment floor space; it also enables FSR uplift in Areas 1 and 2 if community infrastructure is delivered (cl 4.4A(3)-(6)).

• Calculation rules. Clause 4.5 defines floor space ratio and sets out granular rules for determining site area, exclusions (e.g., community land, prohibited land), strata overlap, and how to prevent “double dipping” for consolidated sites via registration of covenants as a consent condition (cl 4.5(2)-(11)). The Plan excludes certain elements from gross floor area calculations in defined circumstances (cl 4.4(2A)).

• Exempt and complying development. Part 3 and Schedules 2 and 3 identify minor developments that may be carried out without consent (exempt) or as complying development, subject to standards, building code compliance and exclusions for environmentally sensitive areas (cls 3.1-3.3, Schs 2-3). Exempt/compliant categories are constrained by heritage, coastal/wetland and biodiversity exclusions (cl 3.1(3)(d); cl 3.3).

• Heritage. Schedule 5 lists heritage items and identification of conservation areas, while cl 5.10 requires consent for demolition, exterior alterations or other works affecting listed heritage items or Aboriginal places and empowers the consent authority to require heritage assessment or conservation management plans before granting consent (cl 5.10(2)-(6), (8)-(10)).

• Special local provisions. Part 6 sets localised controls (acid sulfate soils cl 6.1; active street frontages cl 6.3; location of sex services premises cl 6.4; design excellence for larger buildings cl 6.5) and site‑specific controls (Cooper Street, Cheltenham Road, certain Burwood land, Croydon North Precinct affordable housing and minimum site area rules cl 6.6-6.10).

• Interplay with other instruments and Crown/third‑party interests. SEPPs prevail where relevant (cl 1.9(1)); cl 1.9A suspends private covenants where necessary to enable Plan‑consistent development but expressly excludes Councillor‑imposed covenants, Crown land instruments, conservation agreements and planning agreements (cl 1.9A(1)-(2)). Clause 5.12 confirms that the Plan does not restrict development permitted under State SEPP Chapter 2 infrastructure provisions nor the Crown’s use of its existing buildings (cl 5.12(1)-(2)).

• Procedural and evidentiary requirements. The Plan creates several application‑stage triggers: acid sulfate soils management plans must accompany certain works (cl 6.1(3)); conversions of fire alarm monitoring can be complying development but are subject to particular certificate conditions (cl 5.8); development that proposes to contravene a development standard must be justified with environmental planning grounds and the consent authority must keep a record of that assessment (cl 4.6(2)-(4)).

These concepts structure incentives by limiting permitted private choices to mapped zones and numerical caps while granting the consent authority discrete discretion to approve departures, impose covenants and require conservation measures. Many obligations are expressed as matters the consent authority must be “satisfied” about, which places evaluation power with Council (e.g. cl 2.3(2), cl 6.3(3), cl 6.5(3)).

Primary decision‑makers and regulated parties are identified in the Plan’s text:

• The Council is the statutory consent authority for the Plan area (cl 1.6). That places operational discretion (granting/refusing consent, imposing conditions, requiring heritage or acid sulfate management plans, imposing covenants under cl 4.5(9)) firmly with the local authority.

• Landholders and prospective developers. Owners and applicants must comply with mapped zoning and development controls, secure development consent where required (e.g. subdivision cl 2.6, demolition cl 2.7), or meet the standards for exempt/compliant development (Part 3 and Schedules 2-3). Owners of heritage items or land within conservation areas face additional consent triggers and potential heritage management requirements (cl 5.10).

• Tenants, licensees and operators of licensed premises. Clause 5.20 limits the grounds on which consent can be refused to licensed premises regarding music, dancing and associated features (cl 5.20(1)-(2)). That directly affects operators of pubs, clubs, restaurants and venues by constraining Council’s ability to refuse development based on genres, live vs amplified performance, number/type of performers, presence of dance floors, or certain decorative features; the consent authority may still require management measures if it is satisfied noise can be managed to an acceptable level (cl 5.20(2)).

• Parties who hold private covenants or agreements affecting land. Clause 1.9A suspends covenants to the extent necessary to enable Plan‑consistent development, subject to explicit exclusions (cl 1.9A(1)-(2)). Private covenants imposed by the Council, Crown Land instruments, conservation agreements and planning agreements are preserved (cl 1.9A(2)(a)-(g)). Public authorities’ rights under registered instruments are not affected (cl 1.9A(3)).

• Heritage and Aboriginal stakeholders. The Plan imposes notice and consultation mechanics for archaeological sites and Aboriginal places (cl 5.10(7)-(8)), requiring the consent authority to notify the Heritage Council or local Aboriginal communities and to consider their responses within 28 days.

• Service and infrastructure agencies. The Plan identifies relevant acquisition authorities for land reserved for public purposes (cl 5.1(2)) and states which State authority is the relevant authority for owner‑initiated acquisition (cl 5.1(2) table). The Plan also expressly does not restrict development permitted under State infrastructure SEPP Chapter 2 (cl 5.12(1)).

• Users within nominated precincts. Specific land in Croydon North Masterplan Precinct is subject to affordable housing obligations and minimum site area controls (cls 6.9-6.10). Applicants within those precinct boundaries must have regard to the precinct principles and may be required to provide a 2% affordable housing contribution or equivalent monetary/dedicated land contribution (cl 6.9(4)-(6)).

Indirectly affected groups include adjoining neighbours (since the consent authority must consider zone objectives and impacts on adjacent zoned land when dealing with unzoned land cl 2.4(2)), and the broader community through public land classification and the Plan’s public‑domain objectives (e.g. active street frontages cl 6.3, public recreation zones RE1/RE2).

Who pays: landowners and developers carry the direct compliance costs of preparing DAs, heritage or acid sulfate management plans (cls 5.10, 6.1), any affordable housing contributions (cl 6.9(5)-(7)), and potential covenants conditioned on consents (cl 4.5(9)). The Council bears administrative costs of decision‑making, consultation and maintaining maps (cl 1.7(3)).

The Plan imposes duties and confers rights principally through the consent framework and mapped development rules.

Duties of the consent authority (Council)

• To have regard to zone objectives when determining DAs (cl 2.3(2)).
• To be satisfied of specified matters before granting consent: e.g. temporary uses (cl 2.8(3)(a)-(d)); pond‑based/tank aquaculture (cl 5.19(2)); development near heritage items (cl 5.10(4), (6)); active street frontage requirements (cl 6.3(3)); design excellence for qualifying developments (cl 6.5(3)); and flood planning compatibility (cl 5.21(2)).
• To keep a record of assessments where a development standard is contravened under cl 4.6 (cl 4.6(4)).
• To notify and consider responses from the Heritage Council or Aboriginal communities where required (cl 5.10(7)-(8), (9)).

Duties of applicants and landowners

• To obtain development consent where required by the Plan for development types listed as “permitted with consent” in the Land Use Table (cl 2.3(1); Land Use Table entries), for subdivision (cl 2.6), for demolition (cl 2.7) and for works in mapped acid sulfate soils areas unless a preliminary assessment determines otherwise (cl 6.1(2)-(4)).
• To provide specified documentation with applications: acid sulfate soils management plans for certain works (cl 6.1(3)); BASIX or contravention justification documents where a development standard would be contravened (cl 4.6(3) and note); heritage management documents or conservation management plans if requested (cl 5.10(5)-(6)); and any other evidence that satisfies the consent authority’s specified tests (numerous clauses).
• To comply with exempt and complying development conditions (Part 3, Schs 2-3). For a complying development certificate, conditions in Schedule 3 and the statewide SEPP are binding (cl 3.2(4)-(5)).

Rights and limitations

• Right to carry out exempt development as specified in Schedule 2 if standards and other statutory criteria are met (cl 3.1).
• Right to seek complying development certificates for eligible works specified in Schedule 3 and the statewide codes (cl 3.2).
• Right to seek consent to contravene development standards under cl 4.6, but the applicant must demonstrate that compliance is unreasonable or unnecessary and present sufficient environmental planning grounds; certain standards are excluded from this flexibility (cl 4.6(2)-(3), (8)).
• Limited rights of private covenant holders: cl 1.9A suspends covenants to the extent necessary to permit Plan‑consistent development, but not where the covenant is imposed by Council, or for certain Crown and conservation instruments (cl 1.9A(2)).

Procedural powers and conditions

• The consent authority may impose conditions, including requiring registration of covenants to prevent “double dipping” in floor area calculations (cl 4.5(9)-(10)).
• The Plan authorises the consent authority to refuse consent where mapped objectives/tests are not satisfied (e.g., cl 6.3(3), cl 6.5(3), cl 5.21(2)). The Plan also prescribes non‑refusal grounds (e.g. musical performance attributes under cl 5.20(1)) unless noise cannot be managed to an acceptable level (cl 5.20(2)).

Interplay of rights and duties produces behavioural incentives: applicants must design proposals to comply with mapped caps, provide specified evidence, and accept conditions or contributions; Council has discretion to require public benefits, heritage conservation and planning‑related covenants.

The Plan itself does not set new criminal offences or pecuniary penalty regimes within its text. Enforcement mechanisms are implicit and primarily rely on the statutory enforcement framework of the Environmental Planning and Assessment Act 1979 and related regulations (the Plan repeatedly frames requirements as conditions precedent to a grant of development consent, and as obligations on the consent authority). Concrete enforcement‑adjacent mechanisms within the Plan include:

• Consent as gatekeeping. Many activities are prohibited unless consent is granted (e.g. subdivision cl 2.6, demolition cl 2.7, works within acid sulfate soils cl 6.1(2)). Refusal of consent prevents lawful development activity; carrying out development without required consent will engage the Act’s compliance and offence provisions (not reproduced in the Plan).

• Conditions, covenants and registered instruments. The Plan explicitly contemplates conditions that require covenants to prevent the creation of equivalent floor area on other lots (cl 4.5(9)). Covenants registered on title are enforceable by subsequent owners and can be enforced through equitable and land law mechanisms alongside statutory compliance requirements.

• Notification and consultation obligations as procedural preconditions. Failure to follow notification or to seek required approvals (for example, failing to notify Heritage Council where required under cl 5.10(7)) can lead to administrative invalidity or challenges to consent decisions.

• Limits on refusing consent create a compliance environment requiring Councils to focus on demonstrable amenity or environmental risk rather than subjective objections (cl 5.20). This reduces the scope for refusals based on musical genre etc, but does not displace noise management obligations; the authority may still impose conditions or refuse where noise cannot be managed (cl 5.20(2)).

Because the Plan defers to the Act and SEPPs for offences and penalties, enforcement action (injunctions, penalty notices, orders for remediation, prosecution) would be pursued under those instruments rather than under this LEP text. For enforcement practitioners the salient operational levers in this instrument are the consent process, conditions (including covenants), and the requirement for specified technical plans and heritage documents. Those levers create compliance obligations whose breach will be actionable under the Act and its regulations.

The Plan is explicitly framed as part of an integrated regulatory matrix:

• SEPPs and the Act. Clause 1.9(1) states the Plan is subject to any SEPP that prevails over it under s 3.28 of the Act. That means State policies can override local controls where a SEPP or State instrument applies. The Plan also repeatedly cross‑refers to statutory definitions and obligations in other Acts (Heritage Act 1977, Local Government Act 1993, Crown Land Management Act 2016, Rural Fires Act 1997, Fisheries Management Act 1994, Biodiversity Conservation Act 2016, Land Acquisition (Just Terms Compensation) Act 1991).

• Crown rights and public authorities. Clause 1.9A(3) preserves the rights and interests of public authorities under registered instruments despite the suspension of private covenants in cl 1.9A(1). Clause 5.12(1) confirms the Plan does not restrict development permitted by or use of buildings of the Crown under State SEPPs for transport and infrastructure (SEPP Chapter 2) or similar State powers.

• Local Government Act. The Plan engages the Local Government Act 1993 in several ways: classification and reclassification of public land (cl 5.2) is to be carried out “in accordance with Part 2 of Chapter 6” of that Act and the Plan notes Governor approval is required for discharging trusts when land is reclassified (cl 5.2(5) note). The Plan also uses the Local Government Act’s concepts of community land and public places in floor‑space calculations (cl 4.5(4)-(7)).

• Heritage legislation. Heritage items and conservation areas are listed in Schedule 5; the Plan cross‑references the Heritage Act 1977 when excluding development on State Heritage Register land from exempt development (cl 3.1(3)(d)) and requires notification to the Heritage Council in certain archaeological or State heritage demolition cases (cl 5.10(7), (9)).

• Fisheries and aquaculture regulation. Clause 5.19 cross‑refers to the Fisheries Management Act 1994 and associated aquaculture plans and regulations (including the Fisheries Management (Aquaculture) Regulation 2017) when regulating pond‑based, tank‑based and oyster aquaculture, and requires compliance with aquaculture industry development plans and the NSW Oyster Industry Sustainable Aquaculture Strategy (cl 5.19(5)-(6)).

• Land acquisition law. Clause 5.1 identifies the “relevant acquisition authority” for particular reserved land types for owner‑initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 and sets rules about development on land acquired by a State authority (cl 5.1(2)-(3)).

• Environmental management instruments. The Plan excludes exempt/compliant development from environmentally sensitive areas listed in cl 3.3; it also requires acid sulfate soils management in accordance with the Acid Sulfate Soils Manual (cl 6.1(3)) and references flood guidance documents (cl 5.21(4)-(5)).

Practical interactions and consequences:

• Where a SEPP applies and prevails, the Plan cannot be used to refuse the SEPP‑enabled development (cl 1.9(1)).
• The suspension of covenants (cl 1.9A) interacts with third‑party title obligations; it creates a statutory override in favour of Plan‑consistent development but preserves specified public and Crown instruments.
• The Plan’s heritage, acid sulfate and flood controls introduce cross‑agency requirements (Heritage Council, Local Land Services, Rural Fires/Fire & Rescue) that applicants must meet in parallel with Council’s consent process.

All interactions are specified within the Plan; a practitioner must consult the cited Acts and SEPPs referenced in the relevant clauses for the complete compliance landscape.

The Plan’s text records amendments in‑line. Significant amendment notices and their clauses (as reproduced in the instrument) are:

• Repeal and replacement history: cl 1.8 identifies that previous Burwood instruments, including the Burwood Planning Scheme Ordinance and Burwood Local Environmental Plan (Burwood Town Centre) 2010, are repealed in relation to the land covered by this Plan.

• Savings and commencement amendments: cl 1.8A carries multiple amendment notes recording changes made in 2014 (2014 (763), cl 5), 2019 (2019 (621), Sch 5[1]) and 2021 (2021 (174), cl 4(1)). These amendments affect how pre‑commencement DAs are saved.

• Zone list update: cl 2.1 is annotated as amended 2022 (828), Sch 1.6[1], indicating the zone list has been updated.

• Floor space ratio and BHP amendments: cl 4.4 was noted as amended by 2026 (33), Sch 1[1]. Clause 4.3A was amended 2022 (511), Sch 1[1].

• Exceptions to development standards amendments: cl 4.6 has amendment notes (2017 (630), Sch 1[5]; 2022 (511), Sch 1[2]-[4]).

• Part 5 and other local provisions: multiple amendments are recorded throughout cl 5 and Part 6, including notable insertions , e.g. cl 5.9 (natural disaster repairs) inserted 2021 (302), Sch 1.3 and further amended 2022 (828), Sch 1.6[6]. Clause 5.8 (conversion of fire alarms) and 5.19 (aquaculture) show change references.

• Part 6 local provisions: several site‑specific clauses were inserted by later amending instruments: cl 6.5 (design excellence) was inserted 2017 (630), Sch 1[6], with further amendments 2022 (828) Sch 1.6[4] and 2026 (33), Sch 1[2]-[5]; cl 6.6 (Cooper Street) inserted 2020 (11), Sch 1; cl 6.7 (Cheltenham Rd) inserted 2020 (780), Sch 1[1]; cl 6.8 (certain land at Burwood) inserted 2022 (511), Sch 1[6]; cl 6.9 and 6.10 (Croydon North Masterplan Precinct affordable housing and minimum site area) were inserted 2026 (33), Sch 1[6].

• Schedules have been iteratively amended (Schedule 5 heritage shows a long list of amendment notes spanning 2015-2024).

The instrument records the amending instruments by year and identifier in the clause notes (e.g. "cl 1.8A: Am 2014 (763), cl 5; 2019 (621), Sch 5[1]; 2021 (174), cl 4(1)"). Those notes provide the textual amendment trail contained in the consolidated LEP as published. For precise legislative history, the practitioner should consult the NSW legislation website entries cited in the Plan notes for each amending instrument.

The text of the Plan, as provided, does not reference any judicial decisions or list litigation arising from its provisions. No cases are named or described in the instrument. Accordingly, the Plan does not itself record litigation outcomes or administrative appeals. Where parties seek to challenge decisions made under the Plan, appeals and judicial review would proceed under the Act and relevant administrative law and appeal mechanisms; the Plan contains the substantive controls that would have been the subject of such proceedings, but the instrument does not narrate any decisions.

For a practitioner seeking precedent on interpreting particular clauses (for example cl 4.6 on contravention of development standards, or cl 5.20 on refusal grounds relating to music), a search of the NSW Land and Environment Court and other appellate decisions should be undertaken separately because the LEP does not include case law or guidance. The Plan repeatedly cross‑refers to the Act and regulations, whose strategies for judicial review and appeal are the operative routes for litigation.

The Plan contains several detailed rules and exceptions that can create traps for the unwary applicant or adviser. Key “gotchas” drawn directly from the text are:

• Savings and pre‑commencement DAs. Clause 1.8A(1) requires development applications made before commencement to be determined as if the Plan had not commenced. That preserves the previous instrument’s rules for those DAs. However, cl 1.8A(2)-(3) record further transitional complexity where later amendments are insulated from pending DAs. Practitioners must check the exact commencement and amendment dates and the DA lodgement date to know which instrument applies (cl 1.1AA; cl 1.8A).

• Suspension of private covenants has limits. Clause 1.9A suspends covenants “to the extent necessary” to enable Plan‑consistent development, but excludes covenants imposed by Council and several Crown and conservation instruments (cl 1.9A(1)-(2)). Public authority rights under registered instruments are preserved (cl 1.9A(3)). Do not assume all covenants are statutorily swept aside.

• Exempt/compliant exclusions for environmentally sensitive land. Schedule 2 and Part 3 allow exempt/complying development but cl 3.3 forbids exempt or complying development in a defined list of environmentally sensitive areas (cl 3.3(1)-(2)), including coastal waters, wetlands of international significance, land of high Aboriginal or biodiversity significance and areas within 100 metres of some of those areas. Applicants must check those spatial exclusions against the maps.

• Floor space and “double dipping” complications. Clause 4.5 contains detailed rules for site area and gross floor area calculation, strata overlaps, exclusions for community land, and a mechanism by which the consent authority can require a covenant to prevent equivalent floor area being created on another lot (cl 4.5(3)-(11)). Failure to understand what land counts in site area, or to ensure covenants are registered when required, can lead to incorrect FSR calculations and challengeable consents.

• Development standard contravention procedure is procedural and record‑keeping critical. Clause 4.6 permits consenting authorities to allow contraventions of development standards where environmental planning grounds justify it, but requires the applicant to demonstrate the matters in cl 4.6(3) and requires the authority to keep a record of its assessment (cl 4.6(3)-(4)). The EP&A Regulation requires a supporting document for such contraventions; absent or deficient documentation can invalidate the exercise of discretion.

• Exclusions from the “exceptions” clause. Clause 4.6(8) lists development standards that cannot be contravened under that clause (including development standards for complying development, BASIX commitments, cl 5.4, cl 5.5, cl 4.3A(2) (BHP), and cl 4.4A(5)-(7)). Particular mapped and sustainability commitments cannot be bypassed by the 4.6 route.

• Music and licensing protections are not absolute. Clause 5.20 prevents the consent authority from refusing consent to licensed premises on certain grounds related to music and performance characteristics (cl 5.20(1)) and prohibits refusal on the grounds of music noise if the consent authority is satisfied noise may be managed to an acceptable level (cl 5.20(2)). However, the clause leaves open conditions, noise management obligations, and refusal where noise cannot be managed. Applicants must prepare robust noise management evidence when proposing venues.

• Heritage procedures and documentary triggers. The Plan allows the consent authority to require a heritage management document or heritage conservation management plan (cl 5.10(5)-(6)). It also requires notification to the Heritage Council in many archaeological and State‑heritage demolition situations (cl 5.10(7), (9)). Failure to follow these procedural steps can lead to invalid consents or later heritage obligations.

• Site‑specific and precinct tests: active street frontages, design excellence, Croydon North contributions. Clauses 6.3 and 6.5 require specific outcomes (active ground floor uses; demonstration of “design excellence” for qualifying buildings). Croydon North precinct clauses 6.9-6.10 impose a 2% affordable housing contribution option and a minimum site area of 1,500m2 for certain housing types. Applicants in these areas must factor these specific obligations into feasibility and design.

• Acid sulfate soils procedural cost. Clause 6.1 requires acid sulfate soils management plans for works in mapped classes and allows limited exemptions where a preliminary assessment shows no plan required, but the assessment must be provided and confirmed in writing (cl 6.1(2)-(4)). This can add technical cost and delay.

• Temporary uses limited to 52 days per year. Clause 2.8 allows temporary uses for up to 52 days in any 12‑month period subject to the consent authority being satisfied about impacts and restoration (cl 2.8(2)-(3)). Sales offices for new release areas are excepted (cl 2.8(4)-(5)). Operators must timetable temporary activities accordingly.

• Mapped anomalies and the need to consult maps. Many operative thresholds are map‑based (height, FSR, lot size, active street frontages, land reservation acquisition). The Plan repeatedly tells users to consult the specific maps and notes that maps may be amended (cl 1.7(1)-(2)). Practitioners should treat the LEP text and the official maps as a single instrument.

A practical compliance checklist and workflow, grounded in the Plan’s clauses, for applicants and advisers:

1. Identify the applicable zoning and maps

   • Check the Land Zoning Map, Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, Heritage Map, Active Street Frontages Map, Acid Sulfate Soils Map and the Land Reservation Acquisition Map referred to in the Plan (cls 2.2, 4.3, 4.4, 4.5, 1.7). The Plan’s requirements are map‑specific.

2. Determine whether the development is exempt, complying, permitted with consent or prohibited

   • Use the Land Use Table (cl 2.3 and the Land Use Table entries) and Schedules 2-3. If the proposed work is within Schedule 2 and meets the technical standards, it may be exempt (cl 3.1). If it matches Schedule 3 complying development types and conditions, a complying development certificate may be obtained (cl 3.2).

3. Check environmentally sensitive area exclusions

   • If the site lies within any area listed at cl 3.3(2) (coastal waters, Ramsar wetlands, Aboriginal cultural significance, etc.) exempt or complying development may be forbidden. Do not rely on exempt/compliant pathways without checking cl 3.3.

4. Confirm floor space ratio, site area and height compliance and calculation rules

   • Apply cl 4.5 rules for site area and the definition of FSR (cl 4.5(2)-(7)). Consider exclusions from gross floor area (cl 4.4(2A)). If land comprises multiple lots, check the overlapping strata rules and whether covenants preventing “double dipping” might be imposed (cl 4.5(5), (9)-(10)).

5. If proposing a contravention of a development standard, prepare the required justification

   • For a proposed contravention, prepare the statutory “unreasonable or unnecessary” and environmental planning grounds material required by cl 4.6(3) and the EP&A Regulation. Keep in mind the consent authority must record its assessment (cl 4.6(4)). Some standards cannot be contravened under cl 4.6(8).

6. Heritage, Aboriginal and archaeological considerations

   • If the site contains a heritage item or is in a heritage conservation area (Schedule 5 and the Heritage Map), expect to prepare heritage management documents and possibly a heritage conservation management plan; compliance with cl 5.10(4)-(6) is required. Notify and consult the Heritage Council or Aboriginal communities where the clause requires (cl 5.10(7)-(9)).

7. Acid sulfate soils, flooding and bush fire

   • If the site appears on the Acid Sulfate Soils Map, prepare an acid sulfate soils management plan per cl 6.1(2)-(4) or a preliminary assessment verified in writing by the consent authority. For flood planning, ensure proposals meet cl 5.21 tests on compatibility with flood function, evacuation and environmental impacts; consult the Considering Flooding in Land Use Planning Guideline and Flood Risk Management Manual as referenced (cl 5.21(4)-(5)). For bush fire prone land, note the Plan allows authorised bush fire hazard reduction work without consent (cl 5.11) but other development may engage separate requirements.

8. Site‑specific and precinct requirements

   • For areas labelled “Active street frontage” apply cl 6.3: ground floor frontages must be business or retail uses unless exempted for entrances, service access or vehicular access (cl 6.3(3)-(5)). For sites captured by cl 6.8 (Burwood certain land), cl 6.6 (Cooper Street) or cl 6.7 (Cheltenham Rd), ensure setbacks, heights, basement limits and frontage widths meet the specified tests. For the Croydon North Masterplan Precinct, factor in potential 2% affordable housing contribution or equivalent dedication (cl 6.9(5)-(7)) and the minimum 1,500m2 site area for qualifying developments (cl 6.10(2)).

9. Noise and live entertainment considerations for licensed premises

   • If proposing licensed premises, note cl 5.20: Council cannot refuse consent on the grounds listed (genre, live vs amplified, presence of dance floor, stage orientation, decorative features) if noise can be managed (cl 5.20(1)-(2)). Prepare a noise management plan and evidence showing how noise will be managed to acceptable levels.

10. Use of covenants and conditions

    • Expect the consent authority to impose covenants to prevent “double dipping” in FSR where the site comprises multiple lots (cl 4.5(9)-(10)). Be prepared to accept registration of easements or covenants as development conditions.

11. Procedural and timing considerations

    • For conversions of fire alarms, be aware that although the conversion requires consent, some such conversions are complying development with specific carrying‑out conditions and timing restrictions for building works (cl 5.8). For temporary uses the standard cap is 52 days in any 12 months (cl 2.8(2)).

12. Cross‑check SEPPs and the Act

    • The Plan is subject to SEPPs (cl 1.9(1)). Confirm whether any SEPP or overlapping State control affects the proposal (for example, SEPP (Housing) 2021 or SEPPs on infrastructure). Also confirm relevant building code (BCA) compliance requirements referenced in cl 3.1(3)-(4) and cl 3.2(3)(b).

13. Prepare high‑quality technical documentation where required

    • Acid sulfate soils management plans (cl 6.1(3)), heritage management documents (cl 5.10(5)-(6)), flood and evacuation modelling (cl 5.21(3)), noise management documentation for entertainment premises (cl 5.20(2)) and contravention justifications (cl 4.6(3)) should be prepared by qualified professionals and aligned with the guidelines and manuals referenced in the Plan.

14. Keep contemporaneous records of the consent authority’s assessments

    • The consent authority must keep records when using cl 4.6 to approve departures (cl 4.6(4)); applicants should ensure the DA file contains clear, auditable documentary bases for decisions reached.

If in doubt, practitioners should obtain a property‑specific pre‑DA advice meeting with Council, confirm relevant map layer extents on the Planning Portal (the Plan repeatedly points to online maps, cl 1.7 note), and verify any recent amendments recorded in the explanatory notes and amending instruments before lodging applications.