Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this plan does (mechanically)
Sets the planning rules that apply to land in the Ku‑ring‑gai local government area: it defines zones, what uses are allowed or prohibited in each zone, which developments need council consent, and detailed numeric controls (height, floor space ratio, minimum lot sizes) tied to maps (eg. Height of Buildings Map, Floor Space Ratio Map, Lot Size Map) (cl 2.1–2.3; cl 4.1; cl 4.3; cl 4.4).
Establishes the consent authority as the Council (the local council decides development applications) and requires development consent for major categories such as demolition and subdivision (cl 1.6; cl 2.6; cl 2.7). Maps and schedules are an integral part of the rules and are maintained and updated as allowed (cl 1.7; cl 1.3).
Creates categories of exempt and complying development (works that can go ahead without a full development application) and lists the technical and location limits for those (Part 3, cl 3.1–3.3; Schedules 2–3).
Establishes local environmental controls: heritage protections (an extensive local heritage list and conservation areas), biodiversity and riparian protections, stormwater and acid sulfate soils controls, public bushland protections and bushfire-related rules (cl 5.10; Schedule 5; cl 6.3–6.5; cl 6.1; cl 5.23).
Adds a large number of site‑specific rules and exceptions in Schedules: additional permitted uses for particular lots (Schedule 1), many heritage items (Schedule 5), and local exceptions for floor space, heights and non‑residential requirements for specific key sites (eg. Gordon Town Centre provisions, cl 6.15; site rules at cl 6.16–6.17).
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Direct links to the current provisions in Ku-ring-gai Local Environmental Plan 2015.
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
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
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
cl 2.1: Am 2021 (297), Sch 1[5]; 2022 (831), Sch 1.16[1].
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 2015 (650), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 No 1, Sch 2.17; 2019 (621), Sch 3; 2021 (297), Sch 1[6]–[10]; 2022 (72), Sch 1.23; 2022 (831), Sch 1.16[2] [3].
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E3 Productivity Support
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Note.
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2 may apply to land within this zone.
Zone C4 Environmental Living
Zone W1 Natural Waterways
3 Permitted with consent
Attached dwellings; Boarding houses; Building identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Exhibition homes; Group homes; Home-based child care; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
(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 (831), Sch 1.16[7].
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.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2015 (679), cl 4; 2018 (12), Sch 1 [1]; 2019 (376), Sch 1 [1]; 2021 (297), Sch 1[19]–[28]; 2021 (577), Sch 1; 2022 (107), Sch 1[2] [3]; 2022 (831), Sch 1.16[15]; 2024 (42), Sch 1.25[4]; 2025 (619), Sch 1[11]; 2025 (688), Sch 1[2].
7, 8 (Repealed)
9 Use of certain land at 21 Buckingham Road, Killara
(1) This clause applies to land at 21 Buckingham Road, Killara, being Lot 1, DP 125640.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
10 (Repealed)
11 Use of certain land at 31 Karranga Avenue, Killara
(1) This clause applies to land at 31 Karranga Avenue, Killara, being Lot 1, DP 233232.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
12 Use of certain land at 38 Karranga Avenue, Killara
(1) This clause applies to land at 38 Karranga Avenue, Killara, being Lot 8, DP 666962.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
13 Use of certain land at 2 Lynwood Avenue, Killara
(1) This clause applies to land at 2 Lynwood Avenue, Killara, being Part Lot 14, DP 7363.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
14 Use of certain land at 20 Stanhope Road, Killara
(1) This clause applies to land at 20 Stanhope Road, Killara, being Lot 1, DP 726066.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
15 Use of certain land at 21 Highfield Road, Lindfield
(1) This clause applies to land at 21 Highfield Road, Lindfield, being Lot 2, DP 309598.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
16 Use of certain land at 25 Highfield Road, Lindfield
(1) This clause applies to land at 25 Highfield Road, Lindfield, being Lot A, DP 376477.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
17 Use of certain land at 31 Highfield Road, Lindfield
(1) This clause applies to land at 31 Highfield Road, Lindfield, being Lot 1, DP 104200.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
18 Use of certain land at 16 Provincial Road, Lindfield
(1) This clause applies to land at 16 Provincial Road, Lindfield, being Lot 1, DP 319129.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
19 Use of certain land at 21 Provincial Road, Lindfield
(1) This clause applies to land at 21 Provincial Road, Lindfield, being Lot 1, DP 970838.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
20 (Repealed)
21 Use of certain land at 12 Alma Street, Pymble
(1) This clause applies to land at 12 Alma Street, Pymble, being Lot 4, DP 13280.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
22 Use of certain land at 8 Church Street, Pymble
(1) This clause applies to land at 8 Church Street, Pymble, being Lot 1A, DP 401840.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
23 Use of certain land at 33 Grandview Street, Pymble
(1) This clause applies to land at 33 Grandview Street, Pymble, being Lot 2, DP 228015.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
24 Use of certain land at 16 Merrivale Road, Pymble
(1) This clause applies to land at 16 Merrivale Road, Pymble, being Lot 22, DP 7321.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
25 Use of certain land at 2 Royston Close, Pymble
(1) This clause applies to land at 2 Royston Close, Pymble, being Lot 6, DP 238142.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
26 Use of certain land at 17 Ortona Avenue, Roseville
(1) This clause applies to land at 17 Ortona Avenue, Roseville, being Lot 1, DP 974513.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
27 Use of certain land at 15 Brentwood Avenue, Turramurra
(1) This clause applies to land at 15 Brentwood Avenue, Turramurra, being Lot 2, DP 311400.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
28 (Repealed)
29 Use of certain land at 2 Ku-ring-gai Avenue, Turramurra
(1) This clause applies to land at 2 Ku-ring-gai Avenue, Turramurra, being Lot 421, DP 556058.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
30 Use of certain land at 18 Ada Avenue, Wahroonga
(1) This clause applies to land at 18 Ada Avenue, Wahroonga, being Lot 2, DP 538577.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
31 Use of certain land at 12 Burns Road, Wahroonga
(1) This clause applies to land at 12 Burns Road, Wahroonga, being Lot B, DP 965438.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
32 Use of certain land at 2 Cleveland Street, Wahroonga
(1) This clause applies to land at 2 Cleveland Street, Wahroonga, being Lot 3, DP 732161.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
33 Use of certain land at 4 Cleveland Street, Wahroonga
(1) This clause applies to land at 4 Cleveland Street, Wahroonga, being Lot 1, DP 786729.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
34 Use of certain land at 4a Cleveland Street, Wahroonga
(1) This clause applies to land at 4a Cleveland Street, Wahroonga, being Lot 21, DP 842525.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
35 Use of certain land at 79 Coonanbarra Road, Wahroonga
(1) This clause applies to land at 79 Coonanbarra Road, Wahroonga, being Lot 4, DP 4239.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
36 Use of certain land at 12 Eulbertie Avenue, Warrawee
(1) This clause applies to land at 12 Eulbertie Avenue, Warrawee, being Lot 1, DP 362318.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
37 Use of certain land at 17 Eulbertie Avenue, Wahroonga
(1) This clause applies to land at 17 Eulbertie Avenue, Wahroonga, being Lot 1, DP 174560.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
38 Use of certain land at 28 Fox Valley Road, Wahroonga
(1) This clause applies to land at 28 Fox Valley Road, Wahroonga, being Lot A, DP 960501.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
39 Use of certain land at 28 Gilda Avenue, Wahroonga
(1) This clause applies to land at 28 Gilda Avenue, Wahroonga, being Lot A, DP 355105.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
40 Use of certain land at 10 Munderah Street, Wahroonga
(1) This clause applies to land at 10 Munderah Street, Wahroonga, being Lot 1, DP 216542.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
41 Use of certain land at 1550 Pacific Highway, Wahroonga
(1) This clause applies to land at 1550 Pacific Highway, Wahroonga, being Lots 1 and 2, DP 9991.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
42 Use of certain land at 1 Sutherland Avenue, Wahroonga
(1) This clause applies to land at 1 Sutherland Avenue, Wahroonga, being Lot A, DP 387838.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
43 Use of certain land at 1 Water Street, Wahroonga
(1) This clause applies to land at 1 Water Street, Wahroonga, being Lot 1, DP 726124.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
44 Use of certain land at Wahroonga Estate, Fox Valley Road, Wahroonga
(1) This clause applies to land identified as “Wahroonga Estate” on the Key Sites Map, being land at Fox Valley Road, Wahroonga.
(2) Development for the following purposes is permitted with development consent on land to which this clause applies in Zone R2 Low Density Residential—
(a) dual occupancy (attached or detached),
(b) signage.
(3) Development for the following purposes is permitted with development consent on land to which this clause applies in Zone R3 Medium Density Residential—
(a) dual occupancy (attached or detached),
(b) secondary dwellings,
(c) semi detached dwellings.
(4) Development for the following purposes is permitted with development consent on land to which this clause applies in Zone R4 High Density Residential.
(a) group homes,
(b) serviced apartments.
45 Use of certain land at 25 Bangalla Street Warrawee
(1) This clause applies to land at 25 Bangalla Street, Warrawee, being Lot 7, DP 18087.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
46 Use of certain land at 40 Bangalla Street, Warrawee
(1) This clause applies to land at 40 Bangalla Street, Warrawee, being Lot B, DP 392481.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
47 Use of certain land at 18 Chilton Parade, Warrawee
(1) This clause applies to land at 18 Chilton Parade, Warrawee, being Lot 4, DP 18087.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
48 Use of certain land at A2 Heydon Avenue, Warrawee
(1) This clause applies to land at A2 Heydon Avenue, Warrawee, being Lot 2, DP 220163.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
49 Use of certain land at 15 Warrawee Avenue, Warrawee
(1) This clause applies to land at 15 Warrawee Avenue, Warrawee, being Lot 1, DP 1190103.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
50 Use of certain land at 1 Yosefa Avenue, Warrawee
(1) This clause applies to land at 1 Yosefa Avenue, Warrawee, being Lot 2, DP 575462.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
51 Use of certain land at 2 Yosefa Avenue, Warrawee
(1) This clause applies to land at 2 Yosefa Avenue, Warrawee, being Lot 1, DP 13062.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
52 Use of certain land at 109 Bobbin Head Road, Turramurra
(1) This clause applies to land at 109 Bobbin Head Road, Turramurra, being Lot 17, DP 19963.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
53 Use of certain land at 28 Clissold Road, Wahroonga
(1) This clause applies to land at 28 Clissold Road, Wahroonga, being Lot 2, DP 210124.
(2) Development for the purpose of a dual occupancy (detached) is permitted with development consent.
54 Use of certain land at 20 Kanowar Avenue, East Killara
(1) This clause applies to land at 20 Kanowar Avenue, East Killara, being Lot 100, DP 1176072.
(2) Development for the purpose of a dwelling house is permitted with development consent.
55 Use of certain land at 556 Pacific Highway, Killara
(1) This clause applies to land at 556 Pacific Highway, Killara, known as the Killara Golf Club, being part of Lot 2, DP 535219 as shown as “Area 1” on the Additional Permitted Uses Map.
(2) Development for the purposes of a golf clubhouse and associated parking is permitted with development consent on land to which this clause applies.
56 Use of certain land at 7 Burgoyne Street, Gordon
(1) This clause applies to land at 7 Burgoyne Street, Gordon, being Lot 1, DP 81938.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
57 (Repealed)
58 Use of certain land at 2 Forsyth Street, Gordon
(1) This clause applies to land at 2 Forsyth Street, Gordon, being Lot B, DP 398529.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
59 Use of certain land at 3 and 3A Beaconsfield Parade and 1–7 and part of 14 Bent Street, Lindfield
(1) This clause applies to land at 3 and 3A Beaconsfield Parade and 1–7 and part of 14 Bent Street, Lindfield, being Lots 1–3, DP 318518, Lot 10, DP 305356 and Lots 2–4, DP 10120.
(2) Development for the purposes of office premises is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in—
(a) a floor of a building, other than the ground floor, being used for the purposes specified in subclause (2), or
(b) a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 0.3:1.
60 Use of certain land at 15 Highfield Road, Lindfield
(1) This clause applies to land at 15 Highfield Road, Lindfield, being Lot 5, DP 241714.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
61 Use of certain land at 2 Highgate Road, Lindfield
(1) This clause applies to land at 2 Highgate Road, Lindfield, being Lot 103, DP 6608.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
62 Use of certain land at 55 Lindfield Avenue, Lindfield
(1) This clause applies to land at 55 Lindfield Avenue, Lindfield, being Lot 10, DP 1266740 and SP 100806.
(2) Development for the following purposes is permitted with development consent—
(a) car parks,
(b) restaurants or cafes.
(3) Development consent must not be granted under this clause to development that results in the gross floor area of a restaurant or cafe exceeding 100m2.
63 Use of certain land at 2–6 Milray Street, Lindfield
(1) This clause applies to land at 2–6 Milray Street, Lindfield, being Lot 1, DP 1129269.
(2) Development for the purposes of office premises is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in—
(a) a floor of a building, other than the ground floor, being used for the purposes specified in subclause (2), or
(b) a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 0.3:1.
64 Use of certain land at 8 Provincial Road, Lindfield
(1) This clause applies to land at 8 Provincial Road, Lindfield, being Lot A, DP 325229.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
65 (Repealed)
66 Use of certain land at 21 and 51 Treatts Road, Lindfield
(1) This clause applies to land at 21 and 51 Treatts Road, Lindfield, being Lot 1, DP 113085 and Lot 151, DP 6608.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
67 Use of certain land at 2 King Edward Street, Pymble
(1) This clause applies to land at 2 King Edward Street, Pymble, being Lot 7, DP 3519.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
68 Use of certain land at 1047 Pacific Highway, Pymble
(1) This clause applies to land at 1047 Pacific Highway, Pymble, being Lot 3, DP 655549.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises,
(c) restaurants or cafes.
(3) Development consent must not be granted under this clause to development that results in a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 1:1.
69 Use of certain land at 1051 and 1083 Pacific Highway, Pymble
(1) This clause applies to land at 1051 and 1083 Pacific Highway, Pymble, being Lot 12, DP 706021, SP 22387, Lot A, DP 101723, Lot C, DP 101724 and SP 11535.
(2) Development for the purposes of commercial premises is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 1:1.
70 Use of certain land at 1116 Pacific Highway, Pymble
(1) This clause applies to land at 1116 Pacific Highway, Pymble, being Lot 20, DP 1263818 and SP 102100.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises.
(3) Development consent must not be granted under this clause to development that results in a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 1:1.
71 Use of certain land at 1186 Pacific Highway, Pymble
(1) This clause applies to land at 1186 Pacific Highway, Pymble, being Lot 1, DP 86583.
(2) Development for the following purposes is permitted with development consent—
(a) commercial premises,
(b) entertainment facilities,
(c) function centres.
72 (Repealed)
73 Use of certain land at 124–130 Pacific Highway, Roseville
(1) This clause applies to land at 124–130 Pacific Highway, Roseville, being Lot 2, DP 206204.
(2) Development for the purposes of commercial premises is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 1:1.
74 Use of certain land at 132 Pacific Highway, Roseville
(1) This clause applies to land at 132 Pacific Highway, Roseville, being Lot 1, DP 206204.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises.
(3) Development consent must not be granted under this clause to development that results in a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 1:1.
75 Use of certain land at 149 Mona Vale Road, St Ives
(1) This clause applies to land at 149 Mona Vale Road, St Ives, being Lot 20, DP 576805.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
76 Use of certain land at 167 and 169 Mona Vale Road, St Ives
(1) This clause applies to land at 167 and 169 Mona Vale Road, St Ives, being Lot C, DP 401301 and Lots 11–17, SP 95647.
(2) Development for the purposes of commercial premises is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 0.5:1.
77 Use of certain land at 169 and 185 Mona Vale Road, St Ives
(1) This clause applies to land at 169 and 185 Mona Vale Road, St Ives, being Lots 1–10, SP 95647 and Lot 1, DP 1229835.
(2) Development for the purposes of office premises is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in—
(a) a floor of a building, other than the ground floor, being used for the purposes specified in subclause (2), or
(b) a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 0.5:1.
78 Use of certain land at 169 Mona Vale Road, St Ives
(1) This clause applies to land at 169 Mona Vale Road, St Ives, being Lots 1–17, SP 95647.
(2) Development for the purposes of recreation facilities (indoor) is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in—
(a) a floor of a building, other than the ground floor, being used for the purposes specified in subclause (2), or
(b) a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 0.5:1.
79 Use of certain land at 208 and 210 Mona Vale Road, St Ives and 3, 5, 7, 9, 11, 15 and 15A Memorial Avenue, St Ives
(1) This clause applies to land at 208 and 210 Mona Vale Road, St Ives and 3, 5, 7, 9, 11, 15 and 15A Memorial Avenue, St Ives, being Lots 2, 3, 5–7 and 9–12, DP 29167.
(2) Development for the purposes of office premises is permitted with development consent.
(3) Development consent must not be granted under this clause to development that results in—
(a) a floor of a building, other than the ground floor, being used for the purposes specified in subclause (2), or
(b) a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 0.3:1.
80 Use of certain land at 20 Brentwood Avenue, Turramurra
(1) This clause applies to land at 20 Brentwood Avenue, Turramurra, being Lot A, DP 341822.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
81 Use of certain land at 2 Denman Street, Turramurra
(1) This clause applies to land at 2 Denman Street, Turramurra, being Lot 3, DP 23804.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
82 Use of certain land at 34 Eastern Road, Turramurra
(1) This clause applies to land at 34 Eastern Road, Turramurra, being Lot 1, Section C, DP 2511.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
83 Use of certain land at 1 and 4 Laurel Avenue, Turramurra
(1) This clause applies to land at 1 and 4 Laurel Avenue, Turramurra, being Lots 2 and 3, DP 303928.
(2) Development for the purposes of dual occupancies (detached) is permitted with development consent.
84 Use of certain land at 1334 and 1340 Pacific Highway, Turramurra
(1) This clause applies to land at 1334 and 1340 Pacific Highway, Turramurra, being Lot 7, DP 214733 and Lot 6, DP 26828.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises,
(c) restaurants or cafes.
(3) Development consent must not be granted under this clause to development that results in a building used for the purposes specified in subclause (2) exceeding a floor space ratio of 0.3:1.
85 Use of certain land at Woodford Lane, Bent Street, Beaconsfield Parade and Drovers Way, Lindfield
(1) This clause applies to land identified as “Area 3” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
86 Use of certain land at 259 and 265–271 Pacific Highway, Lindfield
(1) This clause applies to the following land at Lindfield—
(a) 259 Pacific Highway, being Lots 2 and 3, DP 212617,
(b) 265–271 Pacific Highway, being Lot 1, DP 212617 and Lot 8, DP 660564.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises.
87 Use of certain land at 62, 64 and 66 Pacific Highway, Roseville
(1) This clause applies to the following land at Roseville—
(a) the part of Lot 2, DP 202148, 62 Pacific Highway identified as “Area 2” on the Additional Permitted Uses Map,
(b) Lot 1, DP 202148, 64 Pacific Highway,
(c) Lot 2, DP 505371, 66 Pacific Highway.
(2) Development for the purposes of residential flat buildings is permitted with development consent if the consent authority is satisfied that the ground floor of the building will be used for the purposes of a registered club only.
(3) Subclause (2) does not apply to a part of a building that is used for 1 of the following purposes—
(a) a lobby for the residential component of the building,
(b) access for fire services,
(c) vehicular access.
88 (Repealed)
89 Use of certain land for hostels
(1) This clause applies to land identified as “Area 5” on the Additional Permitted Uses Map.
(2) Development for the purposes of hostels is permitted with development consent.
90 Use of certain land at 51–53 Rohini Street, Turramurra
(1) This clause applies to the following land at 51–53 Rohini Street, Turramurra—
(a) Lot 2, DP 302942,
(b) Lot 21, DP 533032,
(c) Lot 26, DP 585038.
(2) Development for the purposes of commercial premises and recreation facilities (indoor) 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 (493), Sch 1.2 [1]; 2021 (297), Sch 1[29].
Graves and monuments that are not heritage items
(1) Must only be—
(a) the creation of graves or monuments in an existing approved cemetery or burial ground, or
(b) an excavation or disturbance of land for the purpose of carrying out the conservation or repair of a monument or grave marker.
(2) Must not disturb human remains, relics in the form of grave goods or a place of Aboriginal heritage significance.
Lighting (external)
(1) Must not be constructed or installed on land that comprises, or on which there is, a heritage item.
(2) Must not be for the lighting of a tennis court or a sports field.
(3) Must not cause glare to adjoining properties or streets.
Special events (including markets)
(1) If held by or on behalf of the Council or on land owned or managed by the Council, must be in accordance with a permit issued by the Council.
(2) If held on private land by the owner or occupier of that land—
(a) must be a social, family, corporate or religious event or a community function or a market, and
(b) must be held on land that supports one of the following—
(i) a place of public worship,
(ii) an educational establishment,
(iii) a hospital,
(iv) a community facility,
(v) a residential care facility,
(vi) a centre-based child care facility, and
(c) must not be held on land that is bushfire prone land, and
(d) must take place only during the following periods—
(i) 8.00 am to 8.00 pm on Sunday, Monday, Tuesday or Wednesday,
(ii) 8.00 am to 10.00 pm on Thursday, Friday or Saturday, and
(e) must not contravene any condition of a development consent that applies to the land on which the event is to be held, and
(f) must not have a duration of more than 3 days over any 3 month period, and
(g) all lighting must be directed away from adjacent residential properties, and
(h) must not involve laser shows or bonfires, and
(i) if any fireworks are to be used at the event, notice of that use must be given to the Council at least 7 days before the event, and
(j) arrangements must be made for the collection and disposal of waste and recyclable materials by an authorised trade waste contractor, and
(k) adequate provision of sanitary facilities must be made for all anticipated staff and patrons attending the event, and
(l) if held at the Sydney Adventist Hospital, not more than 5,000 people may attend the event at any one time, and
(m) if more than 2,500 people are expected to attend the event, a noise management plan must be given to the Council at least 7 days before the event, and
(n) if the event will disrupt normal traffic and transport systems—
(i) a detailed Local Traffic Management Plan must be submitted to the Council in accordance with Council’s requirements and be approved before the event, and
(ii) the local police must be informed at least 7 days before the event and the relevant requirements of NSW Police must be met for the event, and
(iii) at least 7 days before the event, written notice of the event must be given to all residential properties within 200m of the land on which the event is to be held to advise the time, date and type of event.
Note 1.
Events that do not involve the erection of a temporary structure, the erection of an amusement device or disruption to normal traffic and pedestrian flows and are events for which the land has been designed do not require development consent. (For example, family picnics, regular sports training or games, casual exercise and passive enjoyment of a park.)
Note 2.
The Local Government Act 1993 may also apply, including provisions relating to Plans of Management and Alcohol Free Zones.
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 2015 (650), Sch 1 [3]; 2017 (350), Sch 1.2; 2022 (831), Sch 1.16[16].
Dwelling houses in Zone C4 Environmental Living
(1) Must be in accordance with the Housing Code under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, other than clauses 3.9, 3.13 and 3.20 of that Policy.
(2) Must not be located in any part of a site identified by clause 6.3 or 6.4 of this Plan.
(3) Must not be located on land that is Class 1–4 land under clause 6.1 of this Plan.
(4) Landscaped areas Must meet the following development standards—
(a) for every site—the landscaped area of the front setback for the dwelling house must be at least 70% of the front setback area,
(b) for a site on the low side of a road that drains to bushland—the landscaped area for the dwelling house and any ancillary development draining to a dispersal trench system, infiltration trench system or rain garden must be at least 65% of the site area,
(c) for any other site—the landscaped area for the dwelling house and any ancillary development must be in accordance with the following table—
| Site area | Minimum landscaped area | | Less than 850m2 | Site area × 0.5 | | 850m2 or greater | Site area × [0.5 + (site area – 850)/6,500] |
(5) The plans for the dwelling house must include all built elements (such as pathways) normally associated with a dwelling house.
(6) Floor space ratio The floor space ratio of the dwelling house and all ancillary development on the site must not exceed the floor space ratio determined under the table to this subclause.
| Site area | Maximum floor space ratio | | 800m2 or less | 0.4:1 | | More than 800m2 but not more than 1,000m2 | [120 + (0.25 × site area)]/site area:1 | | More than 1,000m2 but not more than 1,500m2 | [170 + (0.20 × site area)]/site area:1 | | More than 1,500m2 | [250 + (0.15 × site area)]/site area:1 |
(7) Maximum floor area for outbuildings The floor area of an outbuilding on a lot must not be more than the following—
(a) if the lot has an area of not more than 300m2—36m2,
(b) if the lot has an area of more than 300m2 but not more than 600m2—45m2,
(c) if the lot has an area of more than 600m2—60m2.
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 2016 (733), cl 4; 2016 (734), cl 6; 2025 (176), Sch 1; 2025 (363), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2015 (157), cl 5; 2015 (188), cl 5; 2015 (743), cl 5; 2016 (222), cl 5; 2016 (223), cl 5; 2016 (432), cl 5; 2016 (635), Sch 1 [1]–[4]; 2016 (704), cl 5; 2017 (744), cl 5; 2018 (12), Sch 1 [2]; 2018 (345), cl 5; 2018 (432), cl 5; 2019 (376), Sch 1 [2]; 2019 (490), Sch 1; 2021 (204), cl 5; 2021 (297), Sch 1[30] [31]; 2021 (409), cl 5; 2021 (567), cl 5; 2022 (310), cl 5; 2023 (16), cl 5; 2023 (115), Sch 1[1]–[98]; 2023 (190), cl 5; 2023 (372), cl 5; 2023 (456), Sch 1; 2024 (230), Sch 1; 2024 (540), Sch 1[1]–[10]; 2025 (577), Sch 1[2]; 2025 (688), Sch 1[3].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
8 Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Ku-ring-gai Local Environmental Plan 2015.
1.1AA Commencement
This Plan commences 28 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 Ku-ring-gai 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 guide the future development of land and the management of environmental, social, economic, heritage and cultural resources within Ku-ring-gai,
(b) to protect, enhance and sustainably manage the biodiversity, natural ecosystems, scenic values, water resources and ecological processes within the catchments of Ku-ring-gai for the benefit of current and future generations,
(c) to maintain and improve water quality within the catchments of Ku-ring-gai,
(d) to facilitate adaptation to climate change,
(e) to manage risks to the community and the environment in areas subject to natural hazards and risks,
(f) to recognize, protect and conserve Ku-ring-gai’s indigenous and non-indigenous cultural heritage,
(g) to ensure that development does not conflict with the hierarchy of commercial centres in Ku-ring-gai,
(h) to encourage a diversity of employment within Ku-ring-gai,
(i) to encourage a variety of housing types within Ku-ring-gai,
Provides for some state policy precedence and cross‑links to State Environmental Planning Policies (SEPPs) and other Acts — the LEP operates subject to those State instruments where they prevail (cl 1.9).
Who this affects
Property owners and developers in Ku‑ring‑gai: their ability to subdivide, change or intensify land use is controlled by zone rules, map-based limits and site‑specific clauses (eg. minimum lot sizes, maximum heights and FSR) (cl 4.1; cl 4.3; cl 4.4).
Residents and neighbours: the plan limits certain uses, protects heritage and bushland, and sets amenity standards (eg. active street frontage controls, noise/temporary event rules) that affect local character and everyday life (cl 6.7; sch 2, "Special events"; cl 5.20).
The Council: as consent authority it decides applications, can impose conditions (including covenants to prevent double counting of floor area), and administers maps and schedules (cl 1.6; cl 4.5(9)–(10); cl 1.7).
State agencies and utilities: the plan recognises rights and functions of Crown authorities, and identifies the State authority for owner‑initiated acquisition for certain reserved land (cl 1.9A; cl 5.1; cl 5.12).
Special interest groups and heritage custodians: owners of heritage items and community groups around bushland, waterways and conservation areas are directly affected by consent requirements and notification/consultation processes (cl 5.10; cl 6.3–6.4).
Why it matters (purpose claims and practical implications)
The stated aims are broad: to guide future development, protect environmental and heritage values, manage hazards and support centre hierarchy, jobs and housing diversity (cl 1.2). Those aims are reflected mechanically by zoning, maps and numeric controls that steer where and how much development can occur (cl 2.1–2.3; cl 4.3; cl 4.4).
Costs and who pays: developers and landowners bear the direct costs of compliance — meeting map‑based limits, preparing technical studies (eg. acid sulfate soils management plan (cl 6.1), heritage management documents (cl 5.10), stormwater/WSUD measures (cl 6.5)), and any monetary affordable‑housing contributions the Council may impose (cl 6.14). Neighbouring owners may face amenity impacts from permitted development nearby; public authorities may carry acquisition or remediation costs where land is reserved (cl 5.1).
Incentives and trade‑offs: the Plan creates both constraints and site‑specific opportunities. Numeric caps (height, FSR, lot size) constrain density in most places (cl 4.1; cl 4.3; cl 4.4). Conversely, special local clauses (for example, Gordon Town Centre allowing up to 109 metres and 7.5:1 FSR subject to conditions (cl 6.15)) concentrate potential development benefits on particular sites, conditional on non‑residential floor area or community benefits. Those concentrated benefits can raise land values for those sites and shift development pressure and infrastructure demand to those locations.
Bureaucratic discretion and implementation risk: many decisions turn on the consent authority’s evaluation of matters such as whether a non‑standard outcome is justified (exceptions to development standards, cl 4.6), or whether environmental impacts are acceptable (biodiversity cl 6.3; riparian cl 6.4; flood/climate change matters cl 5.21). That creates conditionality and requires technical assessments, increasing application cost and uncertainty. Map reliance also means outcomes depend on the accuracy and timing of map updates (cl 1.7).
Compliance burden and practical steps: in many cases applicants must prepare management plans, specify mitigation (heritage, biodiversity, acid sulfate soils, stormwater), and may face conditions or offer land/monetary contributions to satisfy local schemes (eg. affordable housing cl 6.14).
Notable specific mechanics to watch
Subdivision and lot‑size controls: minimum lot sizes and dimension rules linked to a Lot Size Map (cl 4.1); special minimums for dual occupancies in R2 (cl 4.1A–4.1B).
Height and density: maximum heights and floor space ratios are map‑driven but have multiple site‑area‑dependent exceptions and area‑specific ratios (cl 4.3; cl 4.4; cl 4.5).
Heritage and conservation: a detailed local heritage inventory and conservation areas require consent for demolition/alteration and allow the council to require heritage management documents (cl 5.10; Schedule 5).
Local agreements and contributions: Council can impose affordable housing contributions and accept dedication/monetary equivalents under a local contributions scheme (cl 6.14).
How decisions are made
(j) to achieve land use relationships that promote the efficient use of infrastructure,
(k) to facilitate good management of public assets and promote opportunities for social, cultural and community activities,
(l) to facilitate development that complements and enhances amenity for residential uses and public spaces,
(m) to establish a hierarchy of commercial centres for Ku-ring-gai,
(n) to facilitate development of the commercial centres to enhance Ku-ring-gai’s economic role and cater to the retail and commercial needs of the local community,
(o) to protect the character of low density residential areas and the special aesthetic values of land in the Ku-ring-gai area.
cl 1.2: Am 2021 (297), 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 2021 (297), Sch 1[2].
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—
Ku-ring-gai Local Environmental Plan (Local Centres) 2012
Ku-ring-gai Planning Scheme Ordinance
(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 2021 (297), Sch 1[3] [4].
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.
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.
(1A) 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.
(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Ku-ring-gai Station Precincts) 2025 must be determined as if the policy had not commenced.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2025 (597), Sch 4[1]; 2025 (619), 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—
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
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
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
cl 2.1: Am 2021 (297), Sch 1[5]; 2022 (831), Sch 1.16[1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt develo
This is an opening excerpt, not the complete document.