Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this plan does (mechanics first)
It is Liverpool’s Local Environmental Plan (LEP). It prescribes how land in the Liverpool local government area may be used and developed by: zoning land (cl 2.1–2.2), listing permitted/consent/prohibited uses in a Land Use Table (cl 2.3), and fixing map-based controls (height, floor space ratio, lot sizes, heritage areas, key sites maps referenced throughout).
The Council is the consent authority that decides most development applications (cl 1.6). Many developments still require development consent; other low‑impact works may be exempt or carried out as complying development if they meet the schedules and standards in Part 3 and Schedules 2–3 (cl 3.1–3.2, Sch 2–3).
The Plan sets principal standards: maximum building heights (cl 4.3), floor space ratios (cl 4.4), minimum lot sizes and subdivision rules (cl 4.1, 4.1AA, 4.1AB), site area/FAR calculation rules (cl 4.5) and an exceptions process for varying standards (cl 4.6).
It contains numerous local, site‑specific and topic‑specific rules: Liverpool city centre design and sun‑access rules, car‑parking and tower separation standards (cl 7.1–7.5, 7.2, 7.3, 7.4, 7.5A); urban release area rules requiring staging, DCPs and essential infrastructure (Part 6; cl 6.5–6.6); heritage controls (cl 5.10 & Sch 5); environmental, flood and bushland protections (cl 5.21–5.23); aquaculture and agricultural controls (cl 5.18, 5.19 & Sch 6); and a schedule of additional permitted uses and site‑specific limits (Sch 1, various cll in Part 7).
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Direct links to the current provisions in Liverpool Local Environmental Plan 2008.
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
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
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
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
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2022 (831), Sch 1.17[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 2010 (162), Sch 1.4 [5]; 2010 (176), Sch 1 [1]; 2010 (668), Sch 1 [1]–[5]; 2011 (363), Sch 13 [2]–[28]; 2011 (374), cl 4; 2011 No 62, Sch 2.19 [1] [2]; 2012 (117), Sch 1 [1]; 2012 (384), Sch 1 [1]; 2014 (373), Sch 1 [1]–[4]; 2014 (374), cl 4 (1)–(3); 2015 (169), cl 4 (1); 2016 (174), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (4), cl 4(1)–(4); 2021 (141), Sch 1[9]–[21]; 2022 (831), Sch 1.17[2] (am 2023 (82), Sch 1.5[23]); 2023 (458), Sch 2.54.
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU4 Primary Production Small Lots
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 E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
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
Zone W1 Natural Waterways
3 Permitted with consent
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Hazardous storage establishments; Health consulting rooms; Helipads; Heliports; Home businesses; Home industries; Landscaping material supplies; Offensive storage establishments; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Veterinary hospitals; Water recreation structures
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 E1 Local Centre and marked “Community facilities” | Council | | 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 “Educational establishment” | Department of Education and Training | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone SP2 Infrastructure and marked “Drainage” | Council | | Zone SP2 Infrastructure and marked “Railway” | The corporation constituted under section 8 of the Act | | 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 “Local open space” | 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.
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
cl 5.1: Am 2010 (668), Sch 1 [6]; 2012 (384), Sch 1 [2]; 2022 (831), Sch 1.17[11] [12].
Part 6 Urban release areas
6.1 Aims of Part
This Part aims—
(a) to allow for future urban development and the conservation of ecological and riparian corridors and areas of visual significance on land in urban release areas, and
(b) (Repealed)
(c) to ensure that development on such land occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan including specific controls has been prepared for the land.
cl 6.1: Am 2023 (554), Sch 2.18[2].
Part 7 Additional local provisions
Division 1 Liverpool city centre provisions
7.1 Objectives for development in Liverpool city centre
Before granting consent for development on land in the Liverpool city centre, the consent authority must be satisfied that the proposed development is consistent with such of the following objectives for the redevelopment of the city centre as are relevant to that development—
(a) to preserve the existing street layout and reinforce the street character through consistent building alignments,
(b) to allow sunlight to reach buildings and areas of high pedestrian activity,
(c) to reduce the potential for pedestrian and traffic conflicts on the Hume Highway,
(d) to improve the quality of public spaces in the city centre,
(e) to reinforce Liverpool railway station and interchange as a major passenger transport facility, including by the visual enhancement of the surrounding environment and the development of a public plaza at the station entry,
(f) to enhance the natural river foreshore and places of heritage significance,
(g) to provide direct, convenient and safe pedestrian links between the city centre (west of the rail line) and the Georges River foreshore.
Division 2 Other provisions
pt 7, div 2, hdg: Subst 2013 (153), Sch 1 [2].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2008 (403), Sch 1; 2010 (176), Sch 1 [8] [9]; 2010 (526), Sch 1; 2011 (227), cl 4; 2011 (363), Sch 13 [38] [39]; 2011 No 62, Sch 2.19 [3]; 2013 (16), Sch 1; 2013 (316), Sch 1 [1] [2]; 2016 (355), Sch 1 [2]; 2018 (488), Sch 1.2; 2018 (527), cl 4; 2019 (370), cl 5; 2019 (401), cl 4; 2020 (5), cl 4; 2020 (224), cl 4; 2021 (31), cl 5; 2021 (123), cl 4; 2021 (141), Sch 1[50]–[57]; 2022 (180), Sch 1[3]; 2022 (674), cl 4(1)–(5); 2022 (831), Sch 1.17[36]–[45]; 2023 (116), cl 5; 2025 (689), Sch 1[2]; 2026 (50), Sch 1.
8 Use of certain land in Liverpool city centre in Zone RE1
(1) This clause applies to land in Zone RE1 Public Recreation in the Liverpool city centre, bounded by the Hume Highway, Macquarie Street, Campbell Street and Northumberland Street.
(2) Development for the purposes of restaurants or cafes is permitted with consent if the gross floor area of any restaurant or cafe is not greater than 125m2.
9 Use of certain land for service stations and take away food and drink premises
(1) This clause applies to land shown coloured yellow on the Key Sites Map.
(2) Development for the following purposes is permitted with consent—
(a) service stations,
(b) take away food and drink premises if—
(i) there will be no more than 1 take away food and drink premises at each of the areas shown coloured yellow on the Key Sites Map, and
(ii) the gross floor area of the take away food and drink premises is not greater than 300m2.
10 Use of certain land in Liverpool city centre in Zones MU1 and R4
(1) This clause applies to the following land in the Liverpool city centre—
(a) land in Zone MU1 Mixed Use, bounded by Bigge Street, Campbell Street, Goulburn Street and Elizabeth Street,
(b) land in Zone R4 High Density Residential, bounded by Bigge Street, Lachlan Street, Goulburn Street and Campbell Street.
(2) Development for the purposes of light industry is permitted with consent but only if the industry is medical research and development.
(3) Development for the purposes of office premises is permitted with consent but only with respect to the medical or health industries.
11 (Repealed)
12 Use of certain land at Voyager Point in Zone R2
(1) This clause applies to Lot 11, DP 803038 in Zone R2 Low Density Residential at The Avenue, Voyager Point.
(2) Development for the purposes of neighbourhood shops is permitted with consent.
13 (Repealed)
14 Use of certain land at Warwick Farm in Zone E4
(1) This clause applies to Lot 10, DP 788368 in Zone E4 General Industrial at Sappho Road Warwick Farm, known as “Hometown Bulky Goods Centre”.
(2) Development for the purposes of specialised retail premises is permitted with consent but only if the gross floor area of the premises is not greater than 4,000m2.
15 Use of certain land at Warwick Farm in Zone E4
(1) This clause applies to land in Zone E4 General Industrial in the following locations—
(a) north of the Hume Highway and east of the southern rail line at Warwick Farm,
(b) east of Orange Grove Road and north of the Hume Highway at Warwick Farm.
(2) Development for the purposes of vehicle sales or hire premises is permitted with development consent.
16 Use of certain land at Warwick Farm in Zone R2
(1) This clause applies to land in Zone R2 Low Density Residential, east of the southern rail line at Warwick Farm.
(2) Development for the following purposes is permitted with consent—
(a) animal boarding or training establishments,
(b) farm buildings,
(c) veterinary hospitals.
17–19 (Repealed)
20 Use of certain land at Casula in Zone E3
(1) This clause applies to part of Lot 20, DP 1180366 in Zone E3 at the corner of Beech Road and Parkers Farm Place, Casula, as shown coloured green on the Key Sites Map.
(2) Development for the purposes of retail premises, business premises, a service station and a vehicle repair station is permitted with consent if the total gross floor area of that development is not greater than 14,000m2.
21 Use of certain land at Warwick Farm
(1) This clause applies to part of Lot 23, DP 1190437, 5 Viscount Place, Warwick Farm, as shown coloured light purple on the Key Sites Map.
(2) Development for the purposes of retail premises is permitted with consent if—
(a) the total gross floor area of all retail premises on the site does not exceed 21,000m2, and
(b) the gross floor area of any individual retail premises on the site does not exceed 1,200m2.
22 Use of certain land at Casula and Moorebank
(1) This clause applies to certain land at Casula and Moorebank.
(2) Development for the purposes of rail infrastructure is permitted with development consent but only on land in Zone RE1 Public Recreation, Zone C3 Environmental Management and Zone W1 Natural Waterways identified as “IMT Rail Corridor” on the Key Sites Map.
(3) Development for the purposes of drainage is permitted with development consent but only on land in Zone C3 Environmental Management identified as “IMT Riparian Corridor” on the Key Sites Map.
(4) Development for the purposes of a recreation facility (outdoor) or recreation area is permitted with development consent but only on land in Zone C3 Environmental Management identified as “IMT Recreation Area” on the Key Sites Map.
23 (Repealed)
24 Use of certain land at 10 Orange Grove Road, Warwick Farm
(1) This clause applies to part of Lot 101, DP 1043160, 10 Orange Grove Road, Warwick Farm, as shown coloured green on the Key Sites Map.
(2) Development for the purposes of business premises and shops is permitted with development consent if the total gross floor area of business premises and shops on land to which this clause applies does not exceed 21,000m2.
25 Use of certain land at Moorebank in Zone E4
(1) This clause applies to Lots 1 and 3, DP 626253 in Zone E4 General Industrial at 4 and 2A Helles Avenue, Moorebank.
(2) Development for the purpose of vehicle sales or hire premises is permitted with development consent if—
(a) the gross floor area of the vehicle sales or hire premises is not greater than 5,780m2, and
(b) the consent authority is satisfied that the vehicle sales or hire premises will be located entirely within an existing building.
26 Use of certain land at Chipping Norton in Zone R2
(1) This clause applies to Lot 3, DP 602936 in Zone R2 Low Density Residential at 123 Epsom Road, Chipping Norton.
(2) Development for the purpose of multi dwelling housing is permitted with development consent.
27 (Repealed)
28 Use of certain land at Collimore Park, Liverpool
(1) This clause applies to land at Collimore Park, Liverpool, as shown coloured red on the Key Sites Map.
(2) Development for the purpose of a car park is permitted with development consent.
29 Use of certain land at 25 Dwyer Road, Bringelly
(1) This clause applies to Lot 80, DP 27550, 25 Dwyer Road, Bringelly.
(2) Development for the purposes of recreation facilities (outdoor) is permitted with development consent.
30 Use of certain land at Rossmore
(1) This clause applies to Lot 1016, DP 258344, 40 Ramsay Road, Rossmore, shown coloured brown on the Key Sites Map.
(2) Development for the purposes of animal boarding or training establishments is permitted with development consent, but only if—
(a) the site area of the development is not more than 2 hectares, and
(b) the development does not fragment the land to which the clause applies in a way that unreasonably limits the use of the land for recreational purposes.
31 Use of certain land at Middleton Grange town centre
(1) This clause applies to land shown as coloured light blue on the Key Sites Map in Zone R1 General Residential.
(2) Development for the purposes of restaurants or cafes is permitted with development consent.
32 Use of certain land at 104 Fifteenth Avenue, West Hoxton
(1) This clause applies to Lot 2, DP 1074727, 104 Fifteenth Avenue, West Hoxton, shown coloured dark purple on the Key Sites Map.
(2) Development for the following purposes is permitted with development consent—
(a) a single service station with a gross floor area not greater than 300m2,
(b) a single take away food and drink premises with a gross floor area not greater than 300m2.
(3) Development consent must not be granted under subclause (2) unless the consent authority is satisfied there will be appropriate vehicular access to and from the land.
33 Use of certain land in Zone E1
(1) This clause applies to land identified as “Area C” on the Land Zoning Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
34 Use of certain land in Zone E2
(1) This clause applies to land identified as “Area D” on the Land Zoning Map.
(2) Development for the purposes of group homes is permitted with development consent.
35 Use of certain land in Zone E3
(1) Development for the following purposes is permitted with development consent on land identified as “Area A” on the Land Zoning Map—
(a) commercial premises,
(b) serviced apartments,
(c) shop top housing.
(2) Development for the purposes of food and drink premises is permitted with development consent on land identified as “Area E” on the Land Zoning Map.
36 Use of certain land in Zone E4
(1) Development for the purposes of pubs is permitted with development consent on land identified as “Area B” or “Area F” on the Land Zoning Map.
(2) Development for the purposes of registered clubs is permitted with development consent on land identified as “Area B” on the Land Zoning Map
37 Use of certain land in Liverpool
(1) This clause applies to land in Liverpool identified as “Area H” on the Land Zoning Map.
(2) Development for the purposes of business premises or retail premises is permitted with development consent.
38 Use of land at 1411 The Northern Road, Bringelly
(1) This clause applies to Lot 6, DP 1217784, 1411 The Northern Road, Bringelly, shown coloured blue on the Key Sites Map.
(2) Development for the purposes of a single service station 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 2010 (162), Sch 1.4 [8]; 2010 (176), Sch 1 [10]–[13]; 2010 No 59, Sch 2.50; 2011 (363), Sch 13 [40]; 2012 (117), Sch 1 [2]; 2021 (141), Sch 1[58]; 2022 (437), cl 5; 2022 (831), Sch 1.17[46]–[51].
Advertisements—general requirements
(1) Must be non-moving.
(2) Must be at least 600mm from any public road.
(3) Must be at least 2.6m above any public footpath.
(4) Must relate to the lawful use of the building (except for temporary signs).
(5) Must be within the boundary of the property to which it applies, unless in an employment or mixed use zone.
(6) Must reflect the character and style of any building to which it is attached.
(7) Must not be detrimental to the character and functioning of the building.
(8) Must not be on walls facing or adjoining residential premises.
(9) Must not be an “A” frame sign.
(10) Must have the consent of the owner of the property on which the sign is located.
Advertisements—business identification signs for businesses other than brothels in Zone E1, E3 or MU1
(1)–(4) (Repealed)
(5) Fascia signs Sign attached to the fascia or return of the awning—
(a) must meet the general requirements for advertisements, and
(b) 1 sign per premises, and
(c) must not project above or below, or more than 300mm from the fascia or return end of the awning to which it is attached, and
(d) must not be flashing.
Advertisements—business identification signs for businesses other than brothels in Zone E4 or E5
(1) Must meet the general requirements for advertisements.
(2) 1 pole or pylon sign per premises (including any directory board for multiple occupancies).
(3) Maximum height—5m.
(4) Must be within 5m of any public entry point to the premises.
(5) Must not obstruct the sight line of vehicle or pedestrian traffic.
(6) For multiple occupancy premises, 1 additional business identification sign is permitted at the entrance to each occupied unit, maximum area—1.2m2.
(7) For single occupancy premises, 1 additional business identification sign is permitted, maximum area—50m2 or 1m2 per 3m of street frontage, whichever is the lesser.
Advertisements—business identification signs in residential zones
(1) Must meet the general requirements for advertisements.
(2) 1 sign per premises.
(3) Maximum area—0.75m2.
(4) If a pole or pylon sign, maximum height—2m.
(5) Must not be illuminated or flashing.
Advertisements—business identification signs in rural zones
(1) Must meet the general requirements for advertisements.
(2) 1 sign per premises.
(3) Maximum area—0.75m2 (except if a pole or pylon sign).
(4) If a pole or pylon sign, maximum area—2m2 and maximum height—2m.
(5) Must not be illuminated or flashing.
Advertisements—in or on bus shelters
(1) Maximum height—2.5m.
(2) Maximum width—1.5m.
(3) 2 signs per bus shelter.
(4) Must not be flashing.
(5) Must have the consent of the owner of the property on which the sign is located.
Advertisements—public notices displayed by a public body giving information or direction about the services provided
(1) Must meet the general requirements for advertisements.
(2) Maximum height—5m.
(3) Maximum area—5m2.
(4) Must not obstruct the sight line of vehicle or pedestrian traffic.
(5) Must not be flashing.
Advertisements—real estate signs (advertising land development)
(1) Must meet the general requirements for advertisements.
(2) Maximum area—6m2 for each 25 lots.
Advertisements—real estate signs (advertising premises or land for sale or rent) in employment or mixed use zones
(1) Must meet the general requirements for advertisements.
(2) Maximum area—4.5m2.
(3) Must be within the boundary of the advertised property.
(4) Must not be flashing.
(5) Must be removed within 14 days after the premises or land is sold or let.
Advertisements—real estate signs (advertising premises or land for sale or rent) in residential or rural zones
(1) Must meet the general requirements for advertisements.
(2) Maximum area—2.5m2.
(3) Must not be flashing.
(4) Must be removed within 14 days after the premises or land is sold or let.
Advertisements—signs behind the glass line of a shop window in Zone E1, E2, E3, E4 or MU1 (other than brothels)
(1) Must meet the general requirements for advertisements.
(2) Must not occupy more than 25% of the area of the window.
(3) Must not be flashing.
Advertisements—temporary signs for religious, cultural, political, social or recreational events
(1) Must meet the general requirements for advertisements.
(2) 1 per street frontage.
(3) Maximum area—1.5m2 and maximum height—1.5m in residential and rural zones.
(4) Maximum area—3.5m2 and maximum height—2m in employment or mixed use zones.
(5) Must not include commercial advertising apart from name of event sponsor.
(6) Must not be displayed earlier than 28 days before, or later than 14 days after, the event.
(7) Must not be used in relation to recurring events.
(8) Must not be flashing.
Advertisements—in a site, but not visible from outside of that site (other than brothels)
Must meet the general requirements for advertisements.
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 2010 (162), Sch 1.4 [9]; 2010 (176), Sch 1 [14]–[27]; 2011 (363), Sch 13 [41] [42]; 2017 (350), Sch 1.3; 2022 (831), Sch 1.17[52].
Additions to industrial and warehouse buildings in Zone E4 or E5
(1) Must not be on lots that are adjacent to land in residential or recreation zones.
(2) Must not involve change to the use of the premises.
(3) Maximum additional floor area—1,000m2 or 25% of existing floor area (whichever is the lesser).
(4) Maximum floor space ratio—1:1.
(5) Maximum height of any structure—8.5m.
(6) Minimum setback for any structure—
(a) from an arterial road (or arterial road widening)—20m, or
(b) from a local road (or local road widening)—10m, or
(c) from other boundaries—5m.
(7) Minimum setback for any paved area wider than 1.5m—
(a) from an arterial road (or arterial road widening)—5m, or
(b) from a local road (or local road widening)—5m, or
(c) from other boundaries—3.5m.
(8) Must have at least one window opening, door opening or other wall variation of more than 50mm for every 20m of wall length facing the front boundary.
(9) Earthworks must not extend more than—
(a) 900mm above ground level (existing), or
(b) 600mm below ground level (existing).
(10) Any roof or surface drainage area must have a drainage system that—
(a) captures the roof or surface water, and
(b) discharges that water into the inter-allotment or street stormwater drainage system, and
(c) limits the rate of discharge into Council’s kerb and gutter to less than 20 litres per second without using on-site detention systems, and
(d) caters for a 1 in 20 year storm event and directs excess water over land to the street.
(11) Must provide and maintain, adjacent to any street, a landscaped area with a minimum width of 5m that is designed by a suitably qualified landscape architect and that has mounding to a height of at least 600mm along the majority of any frontage to an arterial road.
(12) Must ensure that there are in each landscaped area at least 3 trees (that grow to a mature height of over 5m and are not exempt trees), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(13) Must provide a landscaped bay with a minimum width of 1.5m containing at least 1 tree that is not an exempt tree, at the end of, at least, every 10 car parking spaces in the front setback.
(14) Must provide at least 1 car parking space for every 40m2 of gross floor area of any building used for the purpose of office premises and at least 1 car parking space for every 70m2 of gross floor of any building used for any other purpose.
(15) Must not reduce any vehicle loading area or remove any such area.
(16) Must not change the location or number of driveway entries onto the property.
(17) Driveways must—
(a) be at least 10m from any road intersection, and
(b) be no wider than 7m crossing any landscaped strip to the front street or a side street, and
(c) permit all vehicles to enter and exit the site in a forward direction.
(18) Must locate garbage and storage areas behind the building line for each street frontage.
Demolition or removal of dwelling houses or ancillary development
(1) Must be demolition of a building or structure specified for this Schedule.
(2) Must be in Zone R1, R2, R3, R4 or R5.
(3) Must be undertaken in accordance with AS 2601—2001, The demolition of structures.
Dwelling houses in Zones R1, R2, R3 and R4 on a property that is equal to or greater than 400m2 and less than 450m2
(1) Must be the construction of a dwelling house including any ancillary development related to that house.
(2) The property must be entirely in a residential zone other than Zone R5 Large Lot Residential.
(3) Minimum width of property street frontage—12m.
(4) (Repealed)
(5) Maximum floor space ratio—0.5:1.
(6) The setback from the front property boundary—
(a) to the dwelling house must be between 4.5m and 7m or at least 7m if the front property boundary fronts a classified road, and
(b) to any part of a second storey of the dwelling house must be at least 5.5m.
(7) Minimum setback from the rear property boundary—
(a) to the rear ground floor walls of the dwelling house—5m, and
(b) to the rear second storey walls of the dwelling house—8m.
(8) Maximum height of any structure (other than a structure that is exempt development)—8.5m.
(9) Maximum height of a single storey structure (other than a structure that is exempt development)—5m.
(10) Maximum height of a structure in the front setback—1.2m.
(11) Maximum height of a structure within 2.5m of the rear property boundary—2.4m.
(12) Maximum height of a structure within 3m of a side property boundary—7m.
(13) Maximum height of a structure within 900mm of a side property boundary—3.3m.
(14) Maximum height of a structure within 450mm of side or rear property boundary—2.1m.
(15) Must not prevent at least 3 hours of direct sunlight between 9:00 am and 5:00 pm on 21 June—
(a) to the main living area windows of any dwelling on adjoining properties, and
(b) to at least 50% of the main area of private open space on the property or any neighbouring properties.
(16) Maximum number of storeys—2.
(17) Maximum height of the ground floor level—800mm above ground level (existing).
(18) Maximum height of any raised platform (associated with a deck, retaining wall, fill or otherwise) behind the front setback—800mm but if within 3m of any property boundary—300mm.
(19) Earthworks must not extend more than—
(a) 300mm above ground level (existing), or
(b) 500mm above ground level (existing) if retained behind an edge beam wall of the dwelling, or
(c) 500mm below ground level (existing).
(20) (Repealed)
(21) Maximum second storey depth within 5m of either side boundary (not including balconies)—12m.
(22) Maximum depth of any second storey balcony—2.2m.
(23) Any second storey balcony more than 9m from the front property boundary must be at least 5m from any side property boundary.
(24) Any second storey balcony must be at least 8m from the rear property boundary.
(25) Maximum height between a floor and the ceiling above—4.5m.
(26) Minimum height between a floor in a habitable area and the ceiling above—2.4m.
(27) Minimum window sill heights for windows on the second storey that face, or are less than 3m from, a side boundary—1.5m.
(28) Materials, colours and finishes must be visually compatible with those existing in the surrounding area.
(29) Must provide and maintain, on the rear half of the property, a soft landscaped area of at least 50m2 with a minimum width of 3m that has no hard paved surface other than garden edging or a retaining or other similar structure.
(29A) Must provide and maintain on the front setback a landscaped area of at least 20m2 with a minimum width of 3m that has no hard paved surface other than garden edging or a retaining or other similar structure.
(29B) A lot on which a new dwelling is erected must have at least 24m2 of principal private open space. In this subclause, principal private open space has the same meaning as it has in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
(30) Must ensure that there are at least 1 tree (that grows to a mature height of over 5m and is not an exempt tree), 5 shrubs (that grow to a mature height of over 1.5m) and 15 smaller plants.
(31) Must provide and maintain at least 2 car parking spaces, 1 that is behind the building line and is at least 3m wide and 5.5m long (that must be covered) and 1 that is at least 2.5m wide and 5.5m long (that may be covered but only if it is behind the building line).
(32) Maximum width of driveways at the property boundary—
(a) if to the front street—3.5m, or
(b) if to a side or rear street—6m.
(32A) If the door or doors on a garage face a primary road, a secondary road or a parallel road, the total width of all door openings must not be more than—
(a) 6m, and
(b) 50% of the width of the building, measured at the building line to the relevant property boundary.
(32B) Any garage or carport must be set back at least 1m behind the front wall of the dwelling closest to the street.
(33) Minimum distance of driveways from any road intersection—6m.
(34) Driveways outside the property boundary must be constructed at right angles to the kerb and guttering and must be at least 500mm from any telegraph pole, street furniture or drainage structure.
(35) Maximum gradient of driveways—1:5.
(36) Driveways with a gradient of more than 1:12 must have (within the property boundary) a transition zone of at least 2m that has a maximum average gradient of 1:12.
(37)–(42) (Repealed)
Dwelling houses in Zone R5 Large Lot Residential
(1) Must be the construction of a dwelling house including any ancillary development related to that house (such as garages, awnings or swimming pools).
(2) The property must be entirely in Zone R5 Large Lot Residential.
(3) The property must have a street frontage width of at least 20m and an area of at least 2,500m2.
(4) Maximum floor space ratio—0.1:1.
(5) The setback from the front property boundary—
(a) to the front wall of the dwelling house closest to the street must be between 12m and 25m, and
(b) to any other front walls of the dwelling house that are over 2m wide must be between 4.5m and 8m.
(6) Maximum width of the dwelling (not including ancillary components)—20m.
(7) Maximum depth of the dwelling (not including ancillary components)—20m.
(8) Minimum setback from the rear property boundary to the rear walls of the dwelling—12m.
(9) Minimum setback from side property boundaries to the walls of the dwelling—5m.
(10) Maximum height of any structure (other than a structure that is exempt development)—8.5m.
(11) Maximum height of a single storey structure (other than a structure that is exempt development)—5m.
(12) Maximum number of storeys—2.
(13) Maximum height of the ground floor level—800mm above ground level (existing).
(14) Maximum height of any raised platform (associated with a deck, retaining wall, fill or otherwise) behind the front setback—800mm but if within 3m of any property boundary—300mm.
(15) Earthworks must not extend more than—
(a) 300mm above ground level (existing), or
(b) 500mm above ground level (existing) if retained behind an edge beam wall of the dwelling, or
(c) 500mm below ground level (existing).
(16) Maximum depth of any second storey balcony—3m.
(17) Any second storey balcony must be at least 10m from the rear property boundary.
(18) Maximum height between a floor and the ceiling above—4.5m.
(19) (Repealed)
(20) Materials, colours and finishes must be visually compatible with those existing in the surrounding area.
(21) Must provide and maintain, on the rear half of the property, private open space of at least 300m2 with a minimum width of 6m.
(22) Must provide and maintain, on the rear half of the property, a soft landscaped area of at least 100m2 with a minimum width of 5m that has no hard paved surface other than garden edging, retaining structure or similar.
(23) Must provide and maintain, on the front setback, a soft landscaped area of at least 15m2 with a minimum width of 2.5m that has no hard paved surface other than garden edging, retaining structure or similar.
(24) Must ensure that there are on the property at least 3 trees (that grow to a mature height of over 5m and are not exempt trees), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(25) Must provide and maintain at least 2 car parking spaces, 1 that is behind the building line and is at least 3m wide and 5.5m long (that must be covered) and 1 that is at least 2.5m wide and 5.5m long (that may be covered but only if behind the building line).
(26) Maximum width of any garage or carport (including walls)—7m (unless entirely behind the dwelling).
(27) Any garage or carport must be set back at least 1m behind the front wall of the dwelling closest to the street.
(28) Maximum width of driveways at the property boundary—6m.
(29) Minimum distance of driveways from any road intersection—6m.
(30) Driveways outside the property boundary must be constructed at right angles to the kerb and guttering and must be at least 500mm from any telegraph pole, street furniture or drainage structure.
(31) Any covered outdoor area (including awnings, pergolas, gazebos, verandahs, entry foyers or similar) must be open for at least 50% of its perimeter between 1m and 2m above the inside floor level.
(32) Any structure with a roof area of more than 10m2 must have guttering and downpipes that capture the water from the roofed area and discharge that water—
(a) into the inter-allotment or street stormwater drainage system, or
(b) into rainwater tanks that discharge any overflow into any such stormwater system.
(33)–(36) (Repealed)
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.
Survey certificate
In order to ensure compliance with approved plans, a survey certificate, to Australian Height Datum, must be prepared by a registered surveyor, as follows—
(a) on completion of floor slab framework before concrete is poured, detailing the location of the structure to the boundaries, and
(b) at completion of the lowest floor, confirming that levels are in accordance with the certificate. (Levels must relate to the datum on the certificate.)
Required payments
If payments are required in relation to any of the following, evidence of those payments must be provided to the Council on or before the lodging of the complying development certificate with the Council—
(a) road reserve deposits,
(b) opening of roads,
(c) inspections,
(d) registration.
Notification to Council on completion
The Council must be notified that all works have been completed within a reasonable time after the completion of the works.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2011 (620), Sch 1 [1] [2]; 2012 (117), Sch 1 [3] [4]; 2013 (153), Sch 1 [5]; 2014 (373), Sch 1 [6] [7]; 2015 (36), cl 5; 2016 (174), Sch 1 [7] [8]; 2017 (488), Sch 1 [2] [3]; 2020 (647), cl 5; 2021 (95), Sch 1; 2024 (82), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2010 (668), Sch 1 [12] [13]; 2011 (443), Sch 1 [1]–[13]; 2011 (643), Sch 1; 2012 (117), Sch 1 [5] [6]; 2012 (538), Sch 2.3 [1] [2]; 2014 (373), Sch 1 [8]; 2015 (562), cl 5; 2016 (174), Sch 1 [9]; 2020 (545), Sch 3.1; 2021 (141), Sch 2[1]–[72]; 2022 No 26, Sch 2.18; 2023 (17), cl 5(1) (2); 2025 (384), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Schedule 7 Exempt trees
(Dictionary)
| Botanical Name | Common Name | | Salix species | Willow | | Populus species | Poplar | | Acacia baileyana | Cootamundra Wattle | | Erythrina x sykesii | Coral Tree | | Ficus elastica and hybrids | Ornamental Rubber Tree | | Cupressus macrocarpa | Golden Cypress | | Lagunaria patersonia | Norfolk Island Hibiscus | | Ligustrum lucidum species | Large-leaved Privet | | Ligustrum sinense species | Small-leaved Privet | | Olea africana | African Olive | | Cinnamomum camphora | Camphor Laurel | | Schefflera actinophylla | Umbrella Tree | | Syagrus romanzoffiana | Cocos Palm | | Toxicodendron succedaneum | Rhus Tree | | Gleditsia triacanthos | Honey Locust |
sch 7 (previously Sch 6): Renumbered 2021 (141), Sch 1[59].
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Liverpool Local Environmental Plan 2008.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
Editorial note.
This Plan was published in the Gazette before the insertion of this clause by amendments to the Standard Instrument (Local Environmental Plans) Order 2006.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Liverpool 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 encourage a range of housing, employment, recreation and services to meet the needs of existing and future residents of Liverpool,
(b) to foster economic, environmental and social well-being so that Liverpool continues to develop as a sustainable and prosperous place to live, work, study and visit,
(c) to provide community and recreation facilities, maintain suitable amenity and offer a variety of quality lifestyle opportunities to a diverse population,
(d) to strengthen the regional position of the Liverpool city centre as the service and employment centre for Sydney’s south west region,
(e) to concentrate intensive land uses and trip-generating activities in locations most accessible to public transport and centres,
(f) to promote the efficient and equitable provision of public services, infrastructure and amenities,
(g) to conserve, protect and enhance the environmental and cultural heritage of Liverpool,
The Plan references and is subject to State Environmental Planning Policies and other Acts and sets interaction rules where they prevail (cl 1.9, many cross‑references throughout). It also contains procedural points: savings for pending applications (cl 1.8A), maps to be kept and published (cl 1.7), and the ability, in limited cases, to suspend private covenants to allow development consistent with the Plan (cl 1.9A).
Who is affected
Why it matters (practical effects and behaviour changes)
It determines the baseline property rights and commercial development opportunities on each parcel of land by maps and the Land Use Table (cl 2.2–2.3). Developers will design projects to fit map limits (height FSR lot size) or pursue exceptions under cl 4.6 (but must demonstrate grounds).
It changes incentives and costs: infrastructure and staging tests for urban release areas (cl 6.5–6.6) shift costs and timing onto developers or require coordinated provision; affordable housing contributions may be required on mapped areas (cl 7.47) and are payable in money or land; heritage and environmental rules increase compliance costs (cl 5.10, cl 7.6, cl 5.21).
It concentrates some project‑level benefits and constraints: specific map areas and site clauses (Part 7 and Sch 1) create concentrated advantages or restrictions for particular landowners. Those site‑specific clauses can raise land value for some owners or limit uses for others.
It creates administrative discretion and compliance burden: the consent authority (Council) has significant judgment (e.g. design excellence cl 7.5, exceptions cl 4.6), DCP requirements introduce further process and technical studies (cl 6.6, multiple cll in Part 7), and the plan cross‑references many State instruments and technical manuals (cl 1.9, cl 5.21). That increases the cost, time and uncertainty of obtaining consent.
Key trade‑offs, implementation risks and concrete costs (with clauses cited)
Benefit claimed: guide sustainable growth and protect heritage/environment (see aims cl 1.2).
Trade‑offs/costs: higher application costs, additional design, heritage and environmental assessments (cl 5.10, cl 7.6), and infrastructure staging obligations (cl 6.5–6.6). These raise the upfront cost of private development and slow delivery.
Benefit claimed: concentrate growth in the city centre and near transport (cl 1.2(e), cl 7.1(f)).
Trade‑offs/costs: denser development is enabled through FSR and height controls (cl 4.4, cl 7.5A) but linked to design excellence and car‑parking, separation and sun‑access rules (cl 7.5, cl 7.3, cl 7.4, cl 7.2) which impose design constraints and potentially additional building cost.
Benefit claimed: enable consistent local outcomes while allowing flexibility (exceptions cl 4.6).
Trade‑offs/costs: exceptions create administrative discretion and legal complexity (records required under cl 4.6(4)), increasing litigation and compliance monitoring risk.
Specific change to private contractual rights: clause 1.9A suspends some private covenants where they would prevent development consistent with the Plan (subject to carve‑outs). That reduces the enforceability of certain private restraints but expressly preserves Crown, Council and some statutory instruments.
Who pays, who decides, effect on market actors (brief)
Practical compliance checkpoints for a developer or owner
(References in parentheses are to the clause numbers in the Plan.)
(h) to protect, connect, maintain and enhance the natural environment in Liverpool, and promote ecologically sustainable development which takes into account the environmental constraints of the land,
(i) to minimise risk to the community in areas subject to environmental hazards, particularly flooding and bush fires, by managing development in sensitive areas,
(j) to promote a high standard of urban design that responds appropriately to the desired future character of areas,
(k) to improve public access along waterways and vegetated corridors while ensuring the natural environmental values of riparian and bushland corridors and the habitat they provide are protected and enhanced,
(l) to improve public transport accessibility, and facilitate the increased use of public transport, cycling and pedestrian activity,
(m) to enhance the amenity and positive characteristics of established residential areas,
(n) to ensure the agricultural production potential of rural land and prevent its fragmentation,
(o) to encourage development opportunities for business and industry so as to deliver local and regional employment growth.
cl 1.2: Am 2021 (141), Sch 1[1]–[6].
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—
(a) Liverpool Local Environmental Plan 1997,
(b) Liverpool City Centre Local Environmental Plan 2007.
(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 2010 (162), Sch 1.4 [1] [2].
1.8A Savings provisions relating to pending development approvals
(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 been exhibited but had not commenced.
(2) An amendment made to this Plan by Liverpool Local Environmental Plan 2008 (Amendment No 82) does not apply to a development application made but not finally determined before the commencement of the amendment.
(3) 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.
(4) 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 2021 (141), Sch 1[7] [8]; 2023 (609), Sch 1.1[1]; 2025 (597), Sch 5[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.
(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 2011 (363), Sch 13 [1]; 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
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
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
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
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2022 (831), Sch 1.17[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.
cl 2.3: Am 2020 (501), Sch 2.6.
cl 2.6BB: Ins 2010 (162), Sch 1.4 [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 clauses 5.7, 5.8 and 5.10].
5A
Part 7 also 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 st
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