Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
**What this instrument is and does (mechanics)
This is a local environmental plan (LEP) used by Hornsby Council to regulate land use and development across the Hornsby local government area. It sets the zoning of land, what uses are permitted or prohibited in each zone, minimum lot sizes, building height and floor‑space controls, and a range of local development rules and approval requirements (see cl 2.1–2.3, cl 4.1, cl 4.3, cl 4.4).
It operates by maps and schedules that are part of the Plan (for example the Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Heritage Map and other maps). Those maps locate the local rules that apply to each parcel of land (cl 1.7, cl 1.3, cl 2.2, cl 4.1–4.4).
The Plan distinguishes three approval categories:
It contains local controls and special provisions for particular matters: heritage protection and heritage conservation areas (cl 5.10 and Sch 5), biodiversity and riparian protection (cl 6.4 and cl 6.14), acid sulfate soils and earthworks (cl 6.1, cl 6.2), flood planning (cl 5.21), public bushland (cl 5.23), controls on certain commercial uses in Dural Village (cl 6.6), limits on canal estates (cl 2.9), and special precinct rules (for example Cherrybrook Station Precinct, Part 7; Hornsby Transport Oriented Development Precinct, Part 8).
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Direct links to the current provisions in Hornsby 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—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
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
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (832), Sch 1.12[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 (633), Sch 1 [1]–[3]; 2017 (493), Sch 1.1 [1] [2]; 2017 (560), Sch 1 [1]–[4]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (314), Sch 1; 2022 (832), Sch 1.12[3] [4]; 2023 (458), Sch 2.42[1]; 2024 (148), Sch 1[1]–[3].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU4 Primary Production Small Lots
Zone RU5 Village
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 SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W4 Working Waterfront
3 Permitted with consent
Agritourism; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Group homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals; Water reticulation systems; Water storage facilities
4 Prohibited
Backpackers’ accommodation; Hotel or motel accommodation; Livestock processing industries; Sawmill or log processing works; Serviced apartments; 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 R2 Low Density Residential and marked “Local road” | Council | | Zone R4 High Density Residential and marked “Local road” | Council | | Zone E2 Commercial Centre and marked “Local road” | Council | | Zone MU1 Mixed Use and marked “Local road” | 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 (832), Sch 1.12[8].
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 Cherrybrook Station Precinct
pt 7: Ins 2022 (827), Sch 1[1].
7.1 Definitions
In this Part—
Area 1 means the land identified as “Area 1” on the Height of Buildings Map.
Area 2 means the land identified as “Area 2” on the Height of Buildings Map.
Area 10 means the land identified as “Area 10” on the Floor Space Ratio Map.
Cherrybrook Station Precinct means the land identified as “Cherrybrook Station Precinct” on the Key Sites Map.
residential floor space means the combined gross floor area of the parts of buildings used for the purposes of residential accommodation.
cl 7.1: Ins 2022 (827), Sch 1[1]. Am 2023 (554), Sch 2.13[1].
Part 8 Hornsby Transport Oriented Development Precinct
pt 8: Ins 2024 (596), Sch 1[3].
Division 1 General
pt 8, div 1: Ins 2024 (596), Sch 1[3].
8.1 Definitions
In this part—
Hornsby Precinct Design Guide means the Hornsby Precinct Design Guide published by the Department in November 2024.
Hornsby Transport Oriented Development Precinct means the land to which this part applies.
cl 8.1: Ins 2024 (596), Sch 1[3].
Division 2 Development on key sites
pt 8, div 2: Ins 2024 (596), Sch 1[3].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2016 (327), cl 5; 2018 (488), Sch 1.2; 2020 (707), Sch 1[3]; 2022 (832), Sch 1.12[10]; 2025 (270), Sch 1[1].
9 Use of certain land at 344 Galston Road, Galston
(1) This clause applies to land identified as “Area 9” on the Additional Permitted Uses Map, being Lot 1, DP 656774, 344 Galston Road, Galston.
(2) Development for the purpose of a restaurant or cafe is permitted with development consent.
10 Use of certain land in Zone E1
(1) This clause applies to land identified as “Area 10” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
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 2017 (560), Sch 1 [5].
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.
sch 3: Am 2017 (560), Sch 1 [6]; 2022 (832), Sch 1.12[5].
Dams
(1) Maximum capacity—0.4ML.
(2) Must be on land that has a slope of less than 13.5°.
(3) Must not be located—
(a) on land identified as Class 1 or 2 on the Acid Sulfate Soils Map, or
(b) on land in Zone C3 Environmental Management, or
(c) on land identified as “Biodiversity” on the Terrestrial Biodiversity Map, or
(d) on land within a foreshore area, or
(e) on a site occupied by a heritage item or draft heritage item, or on land comprising a heritage item.
(4) Must not involve fill material from outside property or removal of excavated material from property.
(5) Must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
(6) Minimum height from top of water level to crest of dam—1m.
(7) Spillway must not direct excess water onto adjoining properties.
(8) Spillway must be adequate for a 1 in 20-year storm event.
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 2014 (153), cl 4 (1) (2); 2017 (560), Sch 1 [7].
Schedule 5 Environmental heritage
sch 5: Am 2014 (112), Sch 1 [2]–[4]; 2014 (622), Sch 1 [1]–[29]; 2017 (560), Sch 1 [8]–[30]; 2020 (707), Sch 1[4]–[41]; 2025 (270), Sch 1[2]–[4].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
11 Culture water
Must use freshwater.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Hornsby 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 Hornsby 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 facilitate development that creates—
(i) progressive town centres, thriving rural areas and abundant recreation spaces connected by efficient infrastructure and transport systems, and
(ii) a well-planned area with managed growth to provide for the needs of future generations and people enriched by diversity of cultures, the beauty of the environment and a strong economy,
(b) to guide the orderly and sustainable development of Hornsby, balancing its economic, environmental and social needs,
(c) to permit a mix of housing types that provide for the future housing needs of the community near employment centres, transport nodes and services,
(d) to permit business and industrial development that meets the needs of the community near housing, transport and services, and is consistent with and reinforces the role of centres within the subregional commercial centres hierarchy,
(e) to maintain and protect rural activities, resource lands, rural landscapes and biodiversity values of rural areas,
(f) to provide a range of quality passive and active recreational areas and facilities that meet the leisure needs of both the local and regional community,
Where the Plan conflicts with a State environmental planning policy (SEPP), the SEPP prevails as provided by the Environmental Planning and Assessment Act (cl 1.9). The Plan also lists particular State provisions that are excluded from applying to the land where relevant.
**Who is affected
Landowners and developers in Hornsby Shire: the Plan determines what they may build (by use class), how big and tall buildings can be (FAR and height maps), and whether a development application or complying/exempt pathway is available (Land Use Table; cl 3.1–3.2; cl 4.4; cl 4.3).
The Council (as consent authority) and, where relevant, State agencies: they decide applications, register covenants and may be required to acquire land for public purposes under mapped reservation rules (cl 1.6; cl 5.1–5.1A).
Occupants and neighbours: amenity, environmental outcomes, flood and bushfire risk, heritage values and public access to open space are shaped by the Plan’s controls (eg cl 5.21 flood planning; cl 5.10 heritage; cl 5.23 public bushland).
Community housing and affordable housing actors: the Plan contains mechanisms requiring or enabling affordable housing contributions and on‑site affordable components in certain precincts (Part 7 cl 7.6–7.7; Part 8 cl 8.6).
**Why it matters (policy rationale stated, then operational tradeoffs)
Official aims (stated in the Plan) include managing growth, protecting environmental and heritage values, supporting centres and employment, providing a mix of housing types and recreational and community facilities, and minimising natural hazard risk (cl 1.2). Those aims translate into rules that shape the supply and character of housing, commercial space and protected land.
Practical trade‑offs and incentives the Plan creates:
**Who pays and who decides
Developers and landowners bear the direct compliance costs (design, studies, heritage or biodiversity assessments, possible contributions or land dedications) and bear opportunity costs when development capacity is constrained by zones, heights or heritage overlays (cl 4.1–4.6; cl 5.10; Part 8 cl 8.6).
The Council (as consent authority) makes most decisions under the Plan. The Plan also requires and defers to State guidelines, SEPPs and Departmental design guides for certain precincts, so State agencies and the Department influence outcomes (cl 1.9; cl 7.4; cl 8.4).
**Implementation and compliance risks
The Plan relies heavily on maps and schedules. Effective implementation depends on accurate, up‑to‑date maps and compatibility with State policies (cl 1.7; cl 1.9). Errors or delays in map updates can create legal uncertainty.
Many clauses use discretionary tests (eg “satisfied that”, “appropriate”, design excellence). That allows case‑by‑case judgments but increases administrative discretion and assessment time and may create inconsistent outcomes (eg cl 4.6 exceptions, cl 6.8 design excellence, cl 7.6–7.7 precinct uplift conditions).
Area‑specific uplift linked to public benefits (precincts, affordable housing contribution scheme) requires reliable valuation methods and delivery mechanisms; incorrect valuation or weak monitoring could weaken the intended public return (Part 7; Part 8 cl 8.6).
**Behavioural effects and substitution risks
Developers may seek to concentrate projects where maps allow higher FARs/heights or where complying/exempt pathways are easier, shifting development pressure across the LGA (cl 4.3, cl 4.4, Sch 2–3).
The Plan’s environmental and heritage constraints incentivise avoidance, careful site selection, and the use of transfer or consolidation strategies (eg clauses on consolidated lot site area and covenants to prevent ‘double dipping’ when calculating FAR) (cl 4.5(9)–(10)).
**Concrete mechanisms to watch (examples with clause references)
Overall, the Plan provides the detailed local rules that convert the Council’s strategic aims into binding development controls. It does so through mapped limits and a mix of prescriptive and discretionary provisions which alter development feasibility, shift where development happens and require developers to deliver or pay for certain public benefits in designated precincts (see especially Part 7 and Part 8).
(g) to facilitate the equitable provision of community services and cultural opportunities to promote the well being of the population of Hornsby,
(h) to protect and enhance the scenic and biodiversity values of environmentally sensitive land, including bushland, river settlements, river catchments, wetlands and waterways,
(i) to protect and enhance the heritage of Hornsby, including places of historic, aesthetic, architectural, natural, cultural and Aboriginal significance,
(j) to minimise risk to the community in areas subject to environmental hazards, including flooding and bush fires.
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—
Hornsby Shire Local Environmental Plan 1994
(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 provisions 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.
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.
(2) If a development application has been made before the commencement of Hornsby Local Environmental Plan 2013 (Amendment No 11) 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) An amendment made to this plan by Parramatta Local Environmental Plan Amendment (Epping Town Centre) 2021 does not apply to a development application made but not finally determined before the commencement of the amendment.
(4) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Hornsby Transport Oriented Development Precinct) 2024 must be determined as if that policy had not commenced.
(5) An amendment made to this plan by Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025 does not apply to a development application made, but not finally determined, before the commencement of the amendment.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (707), Sch 1[1]; 2021 (470), Sch 2[1] [2]; 2024 (596), Sch 1[1]; 2025 (597), Sch 3[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—
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—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
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
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (832), Sch 1.12[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.
cl 2.3: Am 2020 (501), Sch 2.4.
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. (See, in particular, clauses 5.7, 5.8 and 5.10.)
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
This is an opening excerpt, not the complete document.