Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument is
What it does, mechanically
Zoning and maps: It divides land into numbered zones (residential, commercial, mixed use, conservation, recreation, working waterfront, infrastructure, etc.) and makes the Land Zoning Map, Height of Buildings Map, Floor Space Ratio Map, Lot Size Map and several other maps the operative sources for what may be done on each parcel of land (cl. 2.1–2.3, cl. 1.7, cl. 4.3, cl. 4.4, cl. 4.1).
Land uses and consent regime: For each zone the Plan lists objectives, what development is permitted without consent, what requires development consent (planning approval), and what is prohibited (cl. 2.3 and the Land Use Table). Many activities (including subdivision and demolition) generally require consent (cl. 2.6–2.7).
Exempt and complying development: The Plan identifies categories of minor works that are exempt (Schedule 2) or can be done as complying development (Schedule 3) if they meet the standards and conditions set out (cl. 3.1–3.3).
Development standards: It fixes primary numeric controls such as minimum lot size (cl. 4.1), building heights (cl. 4.3 and cl. 4.3A exceptions), floor space ratios (cl. 4.4), and rules for calculating site area and FSR (cl. 4.5).
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Direct links to the current provisions in North Sydney Local Environmental Plan 2013.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial 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
C2 Environmental Conservation
C4 Environmental Living
Waterway Zones
W4 Working Waterfront
cl 2.1: Am 2022 (829), Sch 1.15[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2015 (725), Sch 1 [1] [2]; 2016 (25), cl 4; 2017 (493), Sch 1.1 [1] [2]; 2018 (606), Sch 1 [1]; 2019 (621), Sch 3; 2021 (351), Sch 1[1] [2]; 2022 No 26, Sch 2.23[1]; 2022 (829), Sch 1.15[3] [4]; 2023 (255), cl 4(3).
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C2 Environmental Conservation
Zone C4 Environmental Living
Zone W4 Working Waterfront
3 Permitted with consent
Centre-based child care facilities; Dual occupancies (attached); Dwelling houses; Group homes; Health consulting rooms; Home-based child care; Information and education facilities; Medical centres; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Semi-detached dwellings; 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 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 | | Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
Note.
When this Plan was made it did not include all of these zones.
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: 2022 (829), Sch 1.15[8] (am 2023 (82), Sch 1.3[6]).
Part 6 Additional local provisions
Division 1 North Sydney Centre
6.1 Objectives of Division
The objectives of this Division are as follows—
(a) to maintain the status of the North Sydney Centre as a major commercial centre,
(b) to maximise commercial floor space capacity and employment growth within the constraints of the environmental context of the North Sydney Centre,
(c), (d) (Repealed)
(e) to encourage the provision of high-grade commercial space with a floor plate, where appropriate, of at least 1,000 square metres,
(f) (Repealed)
(g) to prevent any net increase in overshadowing during winter months of any land in Zone RE1 Public Recreation (other than Brett Whiteley Plaza) or any land identified as “Special Area” on the North Sydney Centre Map,
(h) to ensure that any land within a residential zone is afforded a reasonable amount of solar access,
(i) to maintain areas of open space on private land and promote the preservation of existing setbacks and landscaped areas, and to protect the amenity of those areas.
cl 6.1: Am 2018 (606), Sch 1 [2] [3].
Division 2 General provisions
Division 3
6.20, 6.21 (Repealed)
pt 6, div 3: Ins 2019 (293), Sch 1 [2]. Rep 2023 (554), Sch 2.22[2].
cl 6.20: Ins 2019 (293), Sch 1 [2]. Rep 2023 (554), Sch 2.22[2].
cl 6.21: Ins 2019 (293), Sch 1 [2]. Rep 2023 (554), Sch 2.22[2].
Part 7 Crows Nest Transport Oriented Development Precinct
pt 7: Ins 2024 (593), Sch 2[2].
7.1 Objectives
The objectives of this part are to—
(a) increase housing supply in the Crows Nest Transport Oriented Development Precinct, and
(b) enable a variety of land uses within walking distance of the St Leonards train and Crows Nest metro stations, and
(c) deliver housing supported by public spaces, vibrancy and community amenity, and
(d) increase the amount of affordable housing in the Precinct.
cl 7.1: Ins 2024 (593), Sch 2[2].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2014 (3), cl 4 (1); 2015 (707), cl 4; 2017 (163), Sch 1 [1]–[3]; 2017 (175), Sch 1 [1]; 2017 (381), cl 5; 2017 (493), Sch 1.2 [1] [2]; 2017 (726), Sch 2.4; 2018 (606), Sch 1 [14]; 2019 No 1, Sch 2.22; 2019 (293), Sch 1 [3]; 2020 (216), Sch 1[3]; 2020 (447), cl 4; 2021 (351), Sch 1[8]–[19]; 2021 (709), Sch 1[2]; 2022 (829), Sch 1.15[15] [16] [17] (am 2023 (82), Sch 1.3[7]) [18]; 2024 (593), Sch 2[3].
8 Use of certain land at 111–115 Chandos Street, Crows Nest
(1) This clause applies to land at 111–115 Chandos Street, Crows Nest, being Lots 28 and 29, Section 6, DP 2872.
(2) Development for the purposes of office premises is permitted with development consent.
9 Use of certain land at 2 Ernest Place, Crows Nest
(1) This clause applies to land at 2 Ernest Place, Crows Nest, being Lot 1, DP 785343.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) centre-based child care facilities,
(c) entertainment facilities,
(d) health consulting rooms,
(e) retail premises.
10 Use of certain land at 6–10 Falcon Street, Crows Nest
(1) This clause applies to land at 6–10 Falcon Street, Crows Nest, being Lot 1, DP 314750, Lot 1, DP 104029, Lot 1, DP 104030, Lots 1–3, DP 455869 and Lot 13, Section 4, DP 1265.
(2) Development for the purposes of a car park is permitted with development consent.
11 Use of certain land at Hume Street Park, Crows Nest
(1) This clause applies to land at Hume Street Park, Crows Nest (being Lot 1, DP 627992, Lot 1151, DP 1001452, Lots 1147–1149, DP 728437, Lots 11 and 32, Section 4, DP 2872, SP 33062, Lot 30, DP 667133 and parts of Hume Street and Hume Lane) that is identified as “Area B” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) centre-based child care facilities,
(b) recreation facilities (indoor).
(3) Development for the following purposes is permitted with development consent, but only if the premises concerned will be located below ground level (finished)—
(a) business premises,
(b) car parks,
(c) entertainment facilities,
(d) health consulting rooms,
(e) retail premises.
(4) Despite subclause (3), the following parts of the premises concerned may be located above ground level (finished)—
(a) entrances and lobbies,
(b) access for fire services,
(c) vehicular access.
12 Use of certain land at 1 Bradly Avenue, Kirribilli
(1) This clause applies to land at 1 Bradly Avenue, Kirribilli, being Lot 1, DP 1091583.
(2) Development for the purposes of business premises with a maximum floor area of 325m2 is permitted with development consent.
13, 13A (Repealed)
14 Use of certain land at 2–44 Ennis Road, Kirribilli
(1) This clause applies to land at Bays 24–44, 2–44 Ennis Road, Kirribilli, being cubic spaces under the Warringah Expressway.
(2) Development for the purposes of any permissible use in Zone E1 or small bars is permitted with development consent.
15 Use of certain land at 40 McDougall Street, Kirribilli
(1) This clause applies to land at 40 McDougall Street, Kirribilli, being Lot 3, DP 740787.
(2) Development for the purposes of a car park is permitted with development consent.
16 Use of certain land at 76 McDougall Street, Kirribilli
(1) This clause applies to land at 76 McDougall Street, Kirribilli, being Lot 2, DP 1046761.
(2) Development for the purposes of a registered club is permitted with development consent.
17 Use of certain land at 78 McDougall Street, Kirribilli
(1) This clause applies to land at 78 McDougall Street, Kirribilli, being Lot 2, DP 326759.
(2) Development for the following purposes is permitted with development consent—
(a) a restaurant or cafe,
(b) an entertainment facility.
18–21 (Repealed)
22 Use of certain land at 4 Alfred Street South, Milsons Point
(1) This clause applies to land at North Sydney Pool, 4 Alfred Street South, Milsons Point, being Lot 100, DP 875048, Lot 101, DP 880236, Lot 102, DP 854064, Lot 6, DP 127637 and Lot 103, DP 1007291.
(2) Development for the following purposes is permitted with development consent—
(a) a recreation facility (indoor),
(b) a restaurant or cafe,
(c) a function centre.
(3) (Repealed)
23 Use of certain land at 41 Alfred Street South, Milsons Point
(1) This clause applies to land at Bradfield Park, 41 Alfred Street South, Milsons Point, being Lot 1, DP 873687.
(2) Development for the purposes of markets is permitted with development consent.
24 Use of certain land at Montpelier Street, Neutral Bay
(1) This clause applies to land at Forsyth Park, Montpelier Street, Neutral Bay, being Lot 2, DP 1168334.
(2) Development for the purposes of a centre-based child care facility is permitted with development consent.
25 Use of certain land at 263 Alfred Street, North Sydney
(1) This clause applies to land at 263 Alfred Street, North Sydney, being SP 71563.
(2) Development for the purposes of residential accommodation is permitted with development consent.
26 Use of certain land at 77–81 Berry Street, North Sydney
(1) This clause applies to land at 77–81 Berry Street, North Sydney, being SP 74602.
(2) Development for the purposes of shop top housing is permitted with development consent.
27 (Repealed)
28 Use of certain land at Blue Street, North Sydney
(1) This clause applies to land known as the Blue Street Car Park at the eastern end of Blue Street, North Sydney, located on top of the northern railway approach to the Sydney Harbour Bridge and bounded by the North Shore Railway Line and the Pacific Highway.
(2) Development for the purposes of a single level car park is permitted with development consent.
29 Use of certain land at 34 McLaren Street, North Sydney
(1) This clause applies to land at 34 McLaren Street, North Sydney, being Lot 1, DP 1033999, Lots 1–4, DP 1042467 and Lots 1 and 2, DP 62370.
(2) Development for the purpose of a car park is permitted with development consent.
30 Use of certain land at Miller Street, North Sydney
(1) This clause applies to land at North Sydney Oval, Miller Street, North Sydney, being Lot 1108, DP 48839.
(2) Development for the following purposes is permitted with development consent—
(a) centre-based child care facilities,
(b) depots,
(c) educational establishments,
(d) entertainment facilities,
(e) function centres,
(f) health consulting rooms,
(g) kiosks,
(h) public administration buildings,
(i) recreation facilities (major),
(j) signage.
(3) Development for the following purposes is permitted with development consent if the development is located within the sports grandstands and will not exceed a combined gross floor area of 2,000m2—
(a) business premises,
(b) office premises,
(c) shops.
31 Use of certain land at Miller Street, North Sydney
(1) This clause applies to land at St Leonards Park, Miller Street, North Sydney, being Crown Lot 7321, DP 1149783.
(2) Development for the purposes of an entertainment facility is permitted with development consent.
32 Use of certain land at 7–11 Mount Street, North Sydney
(1) This clause applies to land at 7–11 Mount Street, North Sydney, being Lot 1, DP 225258.
(2) Development for the purpose of residential accommodation is permitted with development consent if it is associated with a place of public worship.
33 Use of certain land at 32–76 Pacific Highway, North Sydney
(1) This clause applies to the land at 32–76 Pacific Highway, North Sydney, being the Middlemiss Street Bays 1–10 (cubic spaces under North Sydney Railway Line).
(2) Development for the purposes of any permissible use in Zone E1 or vehicle repair stations is permitted with development consent.
34 Use of certain land at 93–95 Pacific Highway, North Sydney
(1) This clause applies to land at 93–95 Pacific Highway, North Sydney, being SP 73356.
(2) Development for the purposes of shop top housing is permitted with development consent.
35 Use of certain land at 37 Ridge Street, North Sydney
(1) This clause applies to land at 37 Ridge Street, North Sydney, being Lot 3, DP 1101874.
(2) Development for the purposes of a recreation facility (outdoor) is permitted with development consent.
36 Use of certain land at 264 Miller Street, North Sydney
(1) This clause applies to land at 264 Miller Street, North Sydney, being Lots 8–10, DP 1137247.
(2) Development for the purposes of a place of public worship is permitted with development consent.
37 Use of certain land at 50 Ridge Street, North Sydney
(1) This clause applies to land at St Leonards Park, 50 Ridge Street, North Sydney, being Lots 1104–1107, DP 46990.
(2) Development for the purposes of a registered club and recreation facilities (indoor) is permitted with development consent.
38 Use of certain land at Balls Head Drive, Waverton
(1) This clause applies to land at Balls Head Drive, Waverton, known as the former Quarantine boat depot, being Lots 104 and 105, DP 1162898.
(2) Development for the following purposes is permitted with development consent—
(a) a community facility,
(b) an information and education facility.
39 Use of certain land at Balls Head Drive, Waverton
(1) This clause applies to land at Balls Head Drive, Waverton, known as the ex-coal loader and Caltex sites, being Lot 99, DP 1048930.
(2) Development for the purposes of an emergency services facility is permitted with development consent.
40 Use of certain land at Woolcott Street, Waverton
(1) This clause applies to land at Waverton Park, Woolcott Street, Waverton, known as Waverton Bowling Club, being Crown Lot 1205, DP 752067.
(2) Development for the purposes of a registered club is permitted with development consent.
41 Use of certain land at Russell Street, Wollstonecraft
(1) This clause applies to land at Smoothey Park, Russell Street, Wollstonecraft, being Lot 1, DP 134132.
(2) Development for the purposes of a community facility is permitted with development consent.
42 Use of certain land at 7–17 Nicholson Street, Wollstonecraft
(1) This clause applies to land at 7–17 Nicholson Street, Wollstonecraft, being Lots 28–30, Section 33, DP 4320, Lot 1, DP 1089027 and Lot 32, DP 961019.
(2) Development for the purposes of a car park is permitted with development consent.
43 Use of certain land in Zone SP2
(1) This clause applies to land in Zone SP2 Infrastructure that is identified as “Railway” and “Classified road” on the Land Zoning Map.
(2) Development for the purposes of signage is permitted with development consent.
44 Use of certain land at 167 and 169 Blues Point Road, McMahons Point
(1) This clause applies to land at 167 and 169 Blues Point Road, McMahons Point, being Lots C and B, DP 436985.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) office premises.
45 Use of certain land at 11 Cowdroy Avenue, Cammeray
(1) This clause applies to land at 11 Cowdroy Avenue, Cammeray, being Lot 62, DP 8933.
(2) Development for the purposes of a dual occupancy (detached) is permitted with development consent.
46 Use of certain land at 80 Arthur Street, North Sydney
(1) This clause applies to land at 80 Arthur Street, North Sydney, being Lot 1, DP 539001.
(2) Development for the purposes of serviced apartments is permitted with development consent.
47 Use of certain land at 617–621 Pacific Highway, St Leonards
(1) This clause applies to land at 617–621 Pacific Highway, St Leonards, being Lot 1, DP 1022881, Lot 1, DP 577070 and Lots 1 and 2, DP 455937.
(2) Development for the purposes of shop top housing is permitted with development consent.
48 Use of certain land at Christie Street, St Leonards
(1) This clause applies to land at 100 Christie Street and Christie Street Reserve, St Leonards, being Lots 2 and 3, DP 733528.
(2) Development for the purpose of shop top housing is permitted with development consent on land to which this clause applies in Zone E2.
49 Use of certain land at Falcon Street, Crows Nest
(1) This clause applies to the following land at Crows Nest—
(a) 27 Falcon Street, Lots 32 and 33, Section 3, DP 1720 and Lot X, DP 407774,
(b) 43 Falcon Street, Lot Y, DP 407774,
(c) 47 Falcon Street, Lot A, DP 377050,
(d) 49–51 Falcon Street, Lot 26, Section 3, DP 1720,
(e) 55–57 Falcon Street, Lot 25, Section 3, DP 1720.
(2) Development for the purposes of retail premises is permitted with development consent.
50 Development at Christie Street, Lithgow Street and River Road, North Sydney
(1) This clause applies to land identified as “Area A” on the Key Sites Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent if the consent authority is satisfied that—
(a) the development will be consistent with the Crows Nest Transport Oriented Precinct Design Guide, and
(b) at least 2,000m2 of the site area will be used for the purposes of a single public open space that is at ground level, and
(c) at least 50% of the public open space will receive at least 3 hours of direct sunlight between 10am and 3pm on 21 June each year.
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 (534), Sch 1; 2021 (351), Sch 1[20]; 2022 (829), Sch 1.15[19] [20].
Display of goods on footpath
(1) Must be associated with a lawfully established business carried out on land used for the purpose of—
(a) business premises, office premises or retail premises and located on land in Zone E1, E2, MU1 or W4, or
(b) a neighbourhood shop on land in Zone R3, R4 or E3.
(2) Must be on the part of the footpath that is adjacent to that business.
(3) Maximum area—5m2.
(4) Must be at least 1.8m from the kerb.
(5) If located at an intersection of 2 roads, must not be located within 3m of the intersection measured from the property boundary.
(6) Must not obstruct access to the associated premises or to adjacent premises.
(7) Must not involve the broadcasting of any live or recorded entertainment including music, broadcast programs, flashing lights, or the like.
(8) Maximum height of temporary display structures—1.5m above ground level (existing).
(9) All materials and equipment must be temporary and removed from the footpath at close of business.
(10) Must not involve construction work.
(11) Signage Must meet the following requirements—
(a) must display name and logo of business only,
(b) if located on furniture or equipment—must cover no more than 33% of the height of that furniture or equipment,
(c) must not be illuminated.
Lighting (external)
(1) Must not be for the lighting of tennis courts.
(2) Must comply with AS 4282—1997, Control of the obtrusive effects of outdoor lighting.
Minor routine maintenance of buildings identified as heritage items or on land within heritage conservation areas
Note.
See clause 5.10(3)(a) for requirements relating to other minor works or maintenance relating to heritage items and heritage conservation areas.
Must comprise one or more of the following works—
(a) replacing screws and bolts to secure fixtures,
(b) rehinging doors or gates,
(c) replacing plumbing or wiring that does not involve the replacement of fixed floor, wall or ceiling linings,
(d) repairing (that does not include replacing), sanding, polishing or oiling timber floorboards,
(e) removing or replacing floor coverings (that does not include removal of floorboards attached to joists or concrete slabs),
(f) maintaining or upgrading kitchens or bathrooms (that does not include removal of walls, widening of openings, demolition of chimney breasts or fireplaces),
(g) removing or replacing built in cupboards,
(h) removing or replacing internal light fittings,
(i) repainting internal surfaces of a building,
(j) replacing broken glass panes within windows (that does not involve a change in the opacity or colour of the glass),
(k) replacing broken roof tiles.
Special events (including markets)
(1) Development for the purposes of temporary uses including community events (such as ceremonies, cultural celebrations, exhibitions, fetes, fairs, gatherings, markets or sporting events) and commercial events.
(2) Must be on land owned or managed by the Council.
(3) Maximum period—40 consecutive days and a total of 100 days in any calendar year.
(4) Must take place during the period from 5:00 am to midnight on any day except as follows—
(a) may continue from midnight on New Year’s Eve until 2:00 am on New Year’s Day,
(b) in the case of a special event with minimal noise impacts, may take place at any time.
(5) Must not include permanent physical change to the fabric of the location where the use occurs.
(6) Must maintain emergency vehicle access to and around the premises.
(7) Must not restrict pedestrian access to shops, public facilities or the foreshore unless alternative access is provided.
(8) Must not prevent pedestrian access to existing footpaths unless alternative pedestrian pathways are provided (alternative pedestrian pathways are to have physical barriers erected between the pathway and any adjoining road).
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.
Stair lifts (platform type)
(1) Must be associated with an attached dwelling, dual occupancy, dwelling house, multi dwelling housing, residential flat building or semi-detached dwelling.
(2) Must not be visible from the foreshore.
(3) Must be attached to existing stairs only.
(4) Must be installed according to manufacturer’s specification.
(5) Minimum stair width for pedestrian access—900mm.
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 2021 (351), Sch 1[21].
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 2017 (175), Sch 1 [2]
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2016 (148), cl 5; 2017 (163), Sch 1 [4]–[49]; 2018 (62), cl 5; 2020 (185), cl 5; 2021 (351), Sch 1[22]–[73]; 2022 No 26, Sch 2.23[2]; 2023 (444), cl 5; 2024 (157), Sch 1; 2024 (272), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is North Sydney Local Environmental Plan 2013.
1.1AA Commencement
This Plan commences 42 days after the day on which 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 North Sydney 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 promote development that is appropriate to its context and enhances the amenity of the North Sydney community and environment,
(b) in relation to the character of North Sydney’s neighbourhoods—
(i) to ensure that new development is compatible with the desired future character of an area in terms of bulk, scale and appearance, and
(ii) to maintain a diversity of activities while protecting residential accommodation and local amenity, and
(iii) to ensure that new development on foreshore land does not adversely affect the visual qualities of that foreshore land when viewed from Sydney Harbour and its tributaries,
(c) in relation to residential development—
(i) to ensure that new development does not adversely affect residential amenity in terms of visual and acoustic privacy, solar access and view sharing, and
(ii) to maintain and provide for an increase in dwelling stock, where appropriate,
(d) in relation to non-residential development—
Flexibility and discretion: The Plan allows the consent authority (the Council) to approve development that departs from certain development standards if the applicant demonstrates it is unreasonable or unnecessary to comply and there are adequate planning grounds (cl. 4.6). Some development standards are expressly excluded from that flexibility (cl. 4.6(8)).
Special local controls: Part 6 contains a large set of local rules for the North Sydney Centre and general additional local provisions—overshadowing limits, site consolidation incentives, design excellence requirements, Miller Street and foreshore setbacks, waterfront controls, earthworks, handling of serviced-apartment conversions, and many site-specific permissions (cl. 6.1–6.19D).
Heritage and public-land rules: The Plan lists hundreds of heritage items and conservation areas (Schedule 5) and makes demolition/alteration of listed items or works within heritage areas subject to consent and extra assessment (cl. 5.10). It also classifies particular public land as operational or community land (Schedule 4, cl. 5.2) and limits development on land intended to be acquired for public purposes (cl. 5.1–5.1A).
Environmental and hazard controls: The Plan contains rules on flood planning (cl. 5.21), public bushland protection (cl. 5.23), foreshore development controls (cl. 6.9), and pond/tank/oyster aquaculture (cl. 5.19 & Schedule 6).
Site-specific and precinct interventions: The Plan includes many site-specific exceptions and additional permitted uses (Schedule 1) and, more recently, a Crows Nest Transport Oriented Development (TOD) Precinct (Part 7) with its own design guide, design excellence test and affordable housing contribution mechanism (cl. 7.1–7.6).
Administrative and enabling provisions: The Council is the consent authority (cl. 1.6). The Plan is subject to State Environmental Planning Policies that prevail over it where applicable (cl. 1.9). It also contains a clause that, to the extent necessary to allow development consistent with the Plan, suspends private covenants and similar instruments (with listed exceptions) (cl. 1.9A).
Who it affects
Property owners and developers: their ability to subdivide, build, change land use, or convert buildings is governed by the Plan’s zones, maps and standards (cl. 2.2–2.6, cl. 4.3–4.6). Developers face design, height, FSR, heritage and affordable‑housing requirements and may be required to provide monetary or in‑kind contributions (cl. 7.5).
Residents and local businesses: the Plan controls where shops, offices, licensed premises, entertainment venues and other uses may locate and sets amenity protections (noise, overshadowing, solar access, privacy) (cl. 1.2, cl. 6.3, cl. 5.21, cl. 5.20).
Council and State agencies: Council is the primary decision‑maker for development applications under the Plan (cl. 1.6). Relevant State bodies are consulted where Commonwealth or State matters arise (e.g. airspace around Kingsford Smith Airport, cl. 6.15) or where a State policy has precedence (cl. 1.9).
Owners of heritage property: Listing in Schedule 5 brings extra consent requirements, heritage impact assessments and possible conservation conditions (cl. 5.10).
Why it matters (purpose claims and practical effects)
The Plan states aims such as protecting heritage, managing the character and amenity of neighbourhoods, encouraging appropriate residential and non‑residential development, protecting environmental quality and increasing housing including affordable housing (cl. 1.2). Those aims translate into concrete, enforceable constraints (lists of permitted uses, mapped heights and FSRs, heritage controls, foreshore restrictions).
Incentives and redistributions of cost: The Plan expands development capacity in some precincts (North Sydney Centre exceptions, incentive FSR and site consolidation rules, and the Crows Nest TOD Part 7) while limiting development in others (heritage listings, conservation zones, foreshore and flood planning areas). Where extra capacity is granted, the Plan frequently attaches obligations — for example, mandatory consideration of design excellence (cl. 6.19B / cl. 7.4) and affordable housing contributions that can be satisfied by land dedication or monetary payment calculated by reference to market value (cl. 7.5). Those mechanisms shift a share of uplift value and delivery costs to developers.
Transfers or limits on private rights: Clause 1.9A permits the Plan to displace private covenants and similar instruments (except specified public or conservation agreements) to the extent necessary to allow development consistent with the Plan — that changes the enforceability of private contractual limits on land use and can alter bargaining positions between parties.
Reduced grounds for refusal on certain amenity objections: The Plan restricts the consent authority from refusing licensed‑premises development on the basis of music/dance/entertainment characteristics where noise can be managed (cl. 5.20). That narrows one avenue for neighbour objection and reduces regulatory risk for live music and hospitality operators (subject to noise management).
Administrative discretion and uncertainty: The Plan contains substantial discretions (design excellence, exceptions to standards, development near zone boundaries, site‑specific approvals). These create case‑by‑case assessment room for the consent authority (the Council) and therefore uncertainty in outcomes and potentially higher applications and consultant costs (cl. 4.6, cl. 5.3, cl. 6.19B, cl. 7.3–7.4).
Practical trade‑offs and implementation risks
Concentrated benefits vs diffuse costs: Site‑specific increases in capacity (incentive heights, extra FSR) are concentrated benefits to the owner/developer of that site, while amenity impacts or pressure on local services are costs shared by the local community (see cl. 6.3, cl. 6.19D, cl. 7.6). The Plan provides tools (design excellence, affordable housing contributions, public open‑space requirements) for capturing some of that uplift for public benefit but these are discretionary or conditional, and enforcement/valuation choices matter (cl. 7.5, cl. 7.6).
Compliance burden: Owners and applicants must navigate multiple maps, schedules, heritage listings and overlapping State policies, and in some cases prepare heritage management documents, heritage conservation management plans, or demonstrate compliance with detailed site or precinct design guides (cl. 1.7, cl. 5.10, cl. 7.3). This raises the cost and time needed to obtain consent.
Implementation risk for public outcomes: Where the Plan relies on conditions (e.g. providing public open space, affordable housing by dedication or payment, or design excellence), the outcome depends on effective valuation, timing, and monitoring by the Council; failures there reduce the public return from permitted uplift (cl. 7.5–7.6).
Who pays and who decides (short)
Who decides: the Council is the primary consent authority (cl. 1.6); some State or Commonwealth bodies are consulted on specialised matters (cl. 1.9, cl. 6.15).
Who pays: developers and property owners pay the direct costs of meeting Plan standards (design, heritage conservation work, site consolidation, affordable housing contributions, remediation), and indirectly local residents absorb amenity changes or benefits (public open space, affordable housing) depending on the consent conditions imposed (cl. 5.10, cl. 6.3, cl. 7.5).
(i) to maintain a diversity of employment, services, cultural and recreational activities, and
(ii) to ensure that non-residential development does not adversely affect the amenity of residential properties and public places, in terms of visual and acoustic privacy, solar access and view sharing, and
(iii) to maintain waterfront activities and ensure that those activities do not adversely affect local amenity and environmental quality,
(e) in relation to environmental quality—
(i) to maintain and protect natural landscapes, topographic features and existing ground levels, and
(ii) to minimise stormwater run-off and its adverse effects and improve the quality of local waterways,
(f) to identify and protect the natural, archaeological and built heritage of North Sydney and ensure that development does not adversely affect its significance,
(g) to provide for the growth of a permanent resident population and encourage the provision of a full range of housing, including affordable housing.
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—
North Sydney Local Environmental Plan 1989
North Sydney Local Environmental Plan 2001
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provisions relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
(2) If a development application has been made, but not finally determined, before the commencement of North Sydney Local Environmental Plan 2013 (Amendment No 35), the application must be determined as if that plan had not commenced.
(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Crows Nest Transport Oriented Development Precinct) 2024 must be determined as if that policy had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (255), cl 4(1) (2); 2024 (593), Sch 2[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
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial 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
C2 Environmental Conservation
C4 Environmental Living
Waterway Zones
W4 Working Waterfront
cl 2.1: Am 2022 (829), Sch 1.15[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or [State Environmenta
This is an opening excerpt, not the complete document.