Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
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Direct links to the current provisions in Canada Bay Local Environmental Plan 2013.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R1 General Residential
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
SP2 Infrastructure
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C2 Environmental Conservation
cl 2.1: Am 2022 (829), Sch 1.3[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 2016 (167), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (531), Sch 1 [2]; 2019 (621), Sch 3; 2021 (89), Sch 1[2]; 2021 (644), Sch 1[1] [2]; 2022 (314), Sch 1; 2022 (829), Sch 1.3[3] [4].
Zone R1 General Residential
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 SP2 Infrastructure
Zone SP4 Enterprise
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C2 Environmental Conservation
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Group homes; Hostels; Information and education facilities; Jetties; Light industries; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Schools; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Water recycling facilities
4 Prohibited
Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Rural workers’ dwellings; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other 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 “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone R3 Medium Density Residential and marked “Local road” | Council | | Zone R4 High Density Residential and marked “Local road” | Council | | Zone E3 Productivity Support and marked “Local road” | Council | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone R4 High Density Residential and marked “Classified road” | Transport for NSW | | Zone MU1 Mixed Use and marked “Classified Transport for NSW Road” | Transport for NSW | | Zone R3 Medium Density Residential and marked “Classified Transport for NSW Road” | Transport for NSW | | Zone RE1 Public Recreation and marked “Classified Transport for NSW Road” | Transport for NSW | | Zone MU1 Mixed Use and marked “Classified road” | Transport for NSW | | Zone RE1 Public Recreation and marked “Classified road” | Transport for NSW | | Zone E3 Productivity Support and marked “Classified road” | Transport for NSW |
Note.
When this Plan was made it did not include all of these zones.
(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 2014 (298), Sch 1 [4]–[6]; 2021 (644), Sch 1[4]; 2022 (829), Sch 1.3[6]; 2022 (842), Sch 1[1]; 2024 (42), Sch 1.10; 2024 (595), Sch 1[2].
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 where both of the following criteria are met—
(a) the works involve the disturbance of less than 1 tonne of soil,
(b) the works are not likely to lower the watertable.
Part 7 Rhodes Precinct
pt 7: Ins 2021 (644), Sch 1[11].
7.1 Objectives of Part
The objectives of this Part are as follows—
(a) to achieve the highest standard of architectural and urban design in the Rhodes Precinct by ensuring that new development exhibits design excellence, including excellence in sustainably managing the environmental impact of the development on existing and future populations,
(b) to allow for a mix of land uses that will—
(i) provide an appropriate balance between residential, retail, commercial and other land uses within the Rhodes Precinct, and
(ii) encourage the provision of a range of services and facilities to help meet the needs of the population and users of the Rhodes Precinct, and
(iii) generate employment in the Rhodes Precinct, and
(iv) establish a significant new people-oriented public domain and foreshore area and other vibrant public plazas and public spaces,
(c) to support growth in the Rhodes Precinct by ensuring the provision of appropriate infrastructure that is sensitive to environmental impacts.
cl 7.1: Ins 2021 (644), Sch 1[11].
Part 8 Burwood-Concord, Homebush North and Kings Bay Precincts
pt 8: Ins 2022 (842), Sch 1[7].
8.1 Application of Part
(1) This Part applies to land identified as “Burwood-Concord Precinct”, “Homebush North Precinct” or “Kings Bay Precinct” on the Key Sites Map.
(2) A reference in this Part to a numbered Area is a reference to the Area with that number on the Key Sites Map.
cl 8.1: Ins 2022 (842), Sch 1[7].
Part 9 Homebush Transport Oriented Development Precinct
pt 9: Ins 2024 (595), Sch 1[6].
Division 1 General
pt 9, div 1: Ins 2024 (595), Sch 1[6].
9.1 Definitions
In this part—
Homebush TOD Precinct means the land to which this part applies.
Homebush Transport Oriented Development Precinct Design Guide means the Homebush Transport Oriented Development Precinct Design Guide published by the Department in November 2024.
cl 9.1: Ins 2024 (595), Sch 1[6].
Division 2 Incentive floor space and building height for key sites
pt 9, div 2: Ins 2024 (595), Sch 1[6].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2013 (461), cl 4; 2014 (73), cl 4; 2014 (298), Sch 1 [7]; 2015 (124), cl 5; 2016 (246), cl 4; 2017 (493), Sch 1.2 [1] [2]; 2018 (205), cl 4; 2018 (531), Sch 1 [5] [6]; 2021 (89), Sch [9]–[20]; 2022 (78), cl 4; 2022 (829), Sch 1.3[7]; 2022 (842), Sch 1[8] [9]; 2023 (134), Sch 1[4]; 2023 (306), Sch 1[4]; 2023 (433), Sch 1[3]–[31]; 2025 (478), Sch 1[2].
10 Use of certain land at 380 Victoria Place, Drummoyne
(1) This clause applies to land at 380 Victoria Place, Drummoyne, being Lot 1, DP 430123, Lot B, DP 401843 and Lot 1, DP 549352, identified as “APU 10” on the Additional Permitted Uses Map.
(2) Development for the purpose of marinas is permitted with development consent.
11 Use of certain land at 13 Bevin Avenue, Five Dock
(1) This clause applies to land at 13 Bevin Avenue, Five Dock, being Lot 1, DP 1204491, identified as “APU 11” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent if the use is associated with the adjacent Canada Bay Club—
(a) car parks,
(b) serviced apartments.
12 Use of certain land at Bevin Avenue, Five Dock
(1) This clause applies to land at Bevin Avenue, Five Dock, being Lot 1, DP 1136926, Lot 4, DP 536187 and Lot 2, DP 527649, identified as “APU 12” on the Additional Permitted Uses Map.
(2) Development for the purpose of a registered club is permitted with development consent.
12A Use of land at 8 Bevin Avenue, Five Dock
(1) This clause applies to land at 8 Bevin Avenue, Five Dock, being Lot 3, DP 527649, identified as “APU 12A” on the Additional Permitted Uses Map.
(2) Development for the purpose of a car park associated with the adjacent Canada Bay Club is permitted with development consent.
13 Use of certain land at 104 and 104A William Street, Five Dock
(1) This clause applies to land at 104 and 104A William Street, Five Dock, being SP 73162, SP 73163 and SP 75689, identified as “APU 13” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) commercial premises,
(b) light industries.
14 Use of certain land at 49–51 Queens Road, Five Dock
(1) This clause applies to land at 49-51 Queens Road, Five Dock, being SP 83068, identified as “APU 14” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) medical centres,
(b) office premises.
14A (Repealed)
15 Use of certain land at 21–27 Regatta Road, Five Dock
(1) This clause applies to land at 21–27 Regatta Road, Five Dock, being lots 1–3, DP 1034085, identified as “APU 15” on the Additional Permitted Uses Map.
(2) Development for the purposes of vehicle sales or hire premises is permitted with development consent.
15A (Repealed)
16 Use of certain land at 27–29 George Street, North Strathfield
(1) This clause applies to SP 92113, 27–29 George Street, North Strathfield, identified as “APU 16” on the Additional Permitted Uses Map.
(2) Development for the purpose of commercial premises is permitted with development consent.
17 Use of certain land at 159 Parramatta Road, North Strathfield
(1) This clause applies to land at 159 Parramatta Road, North Strathfield, being Lot 27, DP 719909, identified as “APU 17” on the Additional Permitted Uses Map.
(2) Development for the purpose of advertising structures is permitted with development consent.
18 Use of certain land at 211 Parramatta Road, North Strathfield
(1) This clause applies to land at 211 Parramatta Road, North Strathfield, being Lots 1 and 2, DP 1023863, identified as “APU 18” on the Additional Permitted Uses Map.
(2) Development for the purpose of an advertising structure is permitted with development consent.
19 Use of land in Zone R4
(1) This clause applies to land identified as “APU 19” on the Additional Permitted Uses Map.
(2) Development for the purpose of commercial premises is permitted with development consent on the ground floor of residential flat buildings.
20 Use of certain land at 355–359 Lyons Road, Five Dock
(1) This clause applies to land at 355–359 Lyons Road, Five Dock, being Lots 40 and 41, DP 9978 and Lot 1, DP 319424, identified as “APU 20” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
21 Use of certain land at Units 1 and 2, 2 Bechert Road, Chiswick
(1) This clause applies to Lots 1 and 2, SP 69974, Units 1 and 2, 2 Bechert Road, Chiswick, identified as “APU 21” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises is permitted with development consent on Lots 1 and 2, SP 69974.
(3) However, Lot 2, SP 69974 must only be used for storage ancillary to the business premises on Lot 1, SP 69974.
22 Use of certain land at Kings Bay Precinct
(1) This clause applies to land identified as “APU 22” on the Additional Permitted Uses Map.
(2) Development for the purposes of commercial premises and light industries is permitted with development consent on the ground floor of a residential flat building.
23 Use of certain land at 28–30 and 32–40 Burton Street, Concord
(1) This clause applies to the part of Lots 1–4, DP 10928, 28–30 and 32–40 Burton Street, Concord that fronts Burwood Road or Neichs Lane, identified as “APU 23” on the Additional Permitted Uses Map.
(2) Development for the purposes of commercial premises is permitted with development consent on the ground floor of a residential flat building.
24 Use of certain land at 7 and 15–17 Regatta Road, Five Dock
(1) This clause applies to the following land at Five Dock, identified as “APU 24” on the Additional Permitted Uses Map—
(a) Lot 1, DP 172956, 7 Regatta Road,
(b) Lots 12 and 13, DP 826063, 15–17 Regatta Road.
(2) Development for the purposes of depots is permitted with development consent.
25 Use of certain land at 1 and 7 Ramsay Road and 5 and 7 Harrabrook Road, Five Dock
(1) This clause applies to the following land in Five Dock, identified as “APU 25” on the Additional Permitted Uses Map—
(a) Lots A, B and D, DP 415618, Lot 5, DP 310522 and Lot 1, DP 241337, 1 and 7 Ramsay Road,
(b) part of Lots 1 and 2, DP 310522, 5 and 7 Harrabrook Avenue.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
26 Use of certain land at 2 and 2C Cavell Avenue and 57–61 Blaxland Road, Rhodes
(1) This clause applies to the following land at Rhodes, identified as “APU 26” on the Additional Permitted Uses Map—
(a) Lots 45–47, DP 5923, 2 and 2C Cavell Avenue,
(b) Lots 23–25, DP 5923, 57–61 Blaxland Road.
(2) Development for the following purposes is permitted with development consent—
(a) health services facilities,
(b) office premises.
27 Use of certain land at Leeds Street, Rhodes
(1) This clause applies to land identified as “APU 27” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
28 Use of certain land in Zone R1 on Tennyson Road and Edwin Street, Mortlake
(1) This clause applies to land identified as “APU 28” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation facilities (indoor) is permitted with development consent.
29 Use of certain land at 160 Burwood Road, Concord
(1) This clause applies to land identified as “Former Bushells Factory Additional Permitted Uses Area” on the Key Sites Map.
(2) Development for the following purposes is permitted with development consent—
(a) office premises,
(b) restaurants or cafes,
(c) shops.
30 Use of certain land at 1 King Street, Concord West
(1) This clause applies to Lot 101, DP 791908, 1 King Street, Concord West, identified as “APU 29” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) food and drink premises,
(b) medical centres,
(c) recreation facilities (indoor),
(d) shops.
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 2019 (621), Sch 2.7; 2021 (89), Sch 1[21] [22].
Development on footpath (associated with commercial premises or industrial retail outlet)
(1) Must have an approval or be authorised to use the footpath under Part 9 of the Roads Act 1993 or, if on public land, under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
Note.
Part 5 of the Crown Land Management Act 2016 may also apply.
(2) Must be associated with an adjacent or nearby commercial premises (not including food and drink premises) or industrial retail outlet for which development consent has been granted.
Outdoor dining (associated with food and drink premises)
(1) Must have an approval or be authorised to use the footpath under Part 9 of the Roads Act 1993 or if on public land, under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
Note.
Part 5 of the Crown Land Management Act 2016 may also apply.
(2) Must be associated with an adjacent food and drink premises for which development consent has been granted.
Signage—bus shelter advertising
(1) Must not extend beyond the perimeter of the bus shelter.
(2) Only 1 advertising panel per bus shelter that may comprise an advertisement on 2 sides.
(3) Must not contain flashing or neon signage.
Signage—business identification signs
(1) In residential zones—
(a) maximum area—0.75m2, and
(b) must only identify the approved use of the premises to which the sign is affixed and not promote products, and
(c) must not be illuminated or exhibit changing light and colour effects, and
(d) must not be erected on a heritage item or land within the curtilage of a heritage item.
(2) (Repealed)
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)
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2018 (177), cl 5; 2018 (531), Sch 1 [7]; 2021 (89), Sch 1[23]–[27]; 2022 (512), Sch 1[9]–[14]; 2023 (306), Sch 1[5]; 2024 (300), Sch 1; 2024 (595), Sch 1[7].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Canada Bay Local Environmental Plan 2013.
1.1AA Commencement
This Plan commences 14 days after 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 Canada Bay 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 create a land use framework for controlling development in Canada Bay that—
(i) allows detailed provisions to be made in any development control plan made by the Council, and
(ii) is consistent with the Canada Bay Local Strategic Planning Statement adopted by the Council on 15 October 2019,
(b) to maintain and enhance the existing amenity and quality of life of the local community by providing for a balance of development that caters for the housing, employment, entertainment, cultural, welfare and recreational needs of residents and visitors,
(c) to achieve high quality urban form by ensuring that new development reflects the existing or desired future character of particular localities,
(d) to promote sustainable transport, reduce car use and increase use of public transport, walking and cycling,
(e) to provide high quality open spaces and a range of recreational facilities,
(f) to conserve the environmental heritage of Canada Bay,
(g) to promote ecologically sustainable development,
Why it matters (official aims and practical implications)
How the key mechanisms operate and the trade‑offs they create
Zoning plus the Land Use Table: sets permitted, consent and prohibited uses in each zone and so directly controls the range of commercial, industrial and residential activities (clauses 2.2–2.3 and Part 2 Land Use Table).
Development standards (height, FSR, lot size) and exceptions/incentives: the Plan fixes maximum heights and FSRs on maps (clause 4.3; 4.4) but provides exceptions and incentive pathways in specified precincts and Areas where extra height/FSR is allowed if public benefits are delivered (e.g. public open space, community facilities, provision of recycled water infrastructure or BASIX performance improvements) (clauses 4.6; 7.15; 8.3–8.9; 9.7).
Design excellence and review: for taller or precinct‑defining projects the consent authority must be satisfied development exhibits “design excellence”; competitive design processes or independent design review panels are required for significant buildings (clauses 6.14; 7.2; 9.4).
Affordable housing and levies: the Plan allows the Council to impose affordable housing contributions in mapped contribution areas and in the Homebush TOD precinct (clauses 6.12; 9.5). Contributions can be land dedication (dwellings) or monetary payment calculated under a Council scheme.
Heritage and environmental constraints: the Plan lists many heritage items and conservation areas (Schedule 5) and requires consent for demolition, alteration or works affecting heritage or Aboriginal places (clause 5.10). It includes environmental controls for foreshore areas, acid sulfate soils, public bushland, flood planning and environmentally sensitive land (clauses 6.1; 6.3; 6.4; 5.21; 5.22; 5.23).
Site‑specific land uses and mapped infrastructure obligations: the Plan contains many site‑specific “Additional Permitted Uses” and precise infrastructure, pedestrian link and public open space requirements for Areas across precincts (Schedule 1; Parts 7–9; clauses 8.5–8.8; 9.9). Some Areas have minimum non‑residential floor space or maximum parking controls (clauses 7.4; 7.8; 8.11; 9.9).
Concentrated benefits and diffuse costs
Discretion and implementation risks
Key statutory references to check for a proposal
Bottom line (practical takeaways)
(h) to facilitate public access to foreshore land.
cl 1.2: Am 2021 (89), Sch 1[1].
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) (Repealed)
cl 1.3: Am 2014 (298), Sch 1 [1].
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—
Canada Bay Local Environmental Plan 2008
Concord Local Environmental Plan No 103 (Heritage)
(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.
cl 1.8: Am 2014 (298), Sch 1 [2].
1.8A Savings provision relating to development applications
(1) 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.
(2) If a development application has been made before the commencement of Canada Bay Local Environmental Plan 2013 (Amendment No 15) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
(3) If a development application has been made, but not finally determined, before the commencement of Canada Bay Local Environmental Plan 2013 (Amendment No 20), the application must be determined as if that Plan had not commenced.
(4) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
(5) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Homebush Transport Oriented Development Precinct) 2024 must be determined as if that policy had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2018 (531), Sch 1 [1]; 2019 (621), Sch 5[1]; 2022 (512), Sch 1[1]; 2023 (609), Sch 1.1[1]; 2024 (595), Sch 1[1].
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—
State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 4.
cl 1.9: Am 2014 (298), Sch 1 [3]; 2022 (72), Sch 1.14.
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 relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 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).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R1 General Residential
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
SP2 Infrastructure
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C2 Environmental Conservation
cl 2.1: Am 2022 (829), Sch 1.3[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) 2
This is an opening excerpt, not the complete document.