Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument is, mechanically
This is the Parramatta Local Environmental Plan 2023 (the Plan). It replaces and consolidates earlier local environmental plans that applied to land in the City of Parramatta (see repeal and savings provisions) and sets the legal rules for what land can be used for, how land may be developed, and what standards apply. (See clauses 1.1, 1.8, 1.8A.)
The Plan:
The Plan also contains procedural and cross‑cutting rules: maps prevail as amended when adopted (clause 1.7); State environmental planning policies prevail where they do (clause 1.9); the Council is the consent authority except where the Act provides otherwise (clause 1.6); and some private covenants and agreements are suspended to the extent necessary to allow development consistent with the Plan (clause 1.9A).
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Direct links to the current provisions in Parramatta Local Environmental Plan 2023.
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
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
C2 Environmental Conservation
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
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 2025 (207), Sch 1[1]; 2025 (386), Sch 1[1].
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C2 Environmental Conservation
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
3 Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Public administration buildings; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; School-based child care; Seniors housing; Tank-based aquaculture; Water recycling facilities
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 SP2 Infrastructure and marked “Local road” | Council | | Zone SP2 Infrastructure and marked “Carpark” | Council | | Zone SP2 Infrastructure and marked “Drainage” | Sydney Water Corporation | | Zone SP2 Infrastructure and marked “Educational establishment” | Department of Education | | Zone SP2 Infrastructure and marked “School” | Department of Education | | Zone SP2 Infrastructure and marked “Public Transport Corridor” | Transport for NSW | | Zone R2 Low Density Residential and marked “Local road widening” | Council | | Zone E1 Local Centre and marked “Local road widening” | Council | | Zone E2 Commercial Centre and marked “Local road widening” | Council | | Zone E3 Productivity Support and marked “Local road widening” | Council | | Zone MU1 Mixed Use and marked “Local road widening” | Council | | Zone C2 Environmental Conservation and marked “Local environmental conservation” | Council | | Zone E2 Commercial Centre and marked “Regional cycleway” | Council | | Zone MU1 Mixed Use and marked “Regional cycleway” | Council |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2023 (117), Sch 7[1]; 2024 (158), Sch 1[1].
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works | | 2 | Works below the natural ground surfaceWorks by which the watertable is likely to be lowered | | 3 | Works more than 1m below the natural ground surfaceWorks by which the watertable is likely to be lowered more than 1m below the natural ground surface | | 4 | Works more than 2m below the natural ground surfaceWorks by which the watertable is likely to be lowered more than 2m below the natural ground surface | | 5 | Works within 500m of adjacent Class 1, 2, 3 or 4 land that is below 5m Australian Height Datum and by which the watertable is likely to be lowered below 1m Australian Height Datum on adjacent Class 1, 2, 3 or 4 land |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been—
(a) prepared for the proposed works in accordance with the Acid Sulfate Soils Manual, and
(b) provided to the consent authority.
(4) Development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority, and
(c) the consent authority has confirmed the preliminary assessment by written notice to the person proposing to carry out the works.
(5) Development consent is not required under this clause for the carrying out of the following works by a public authority, including ancillary work such as excavation, construction of access ways or the supply of power—
(a) emergency work, involving the repair or replacement of the works of the public authority, required to be carried out urgently because the works—
(i) have been damaged, or
(ii) have ceased to function, or
(iii) pose a risk to the environment or to public health and safety,
(b) routine maintenance work involving the periodic inspection, cleaning, repair or replacement of the works of the public authority, other than work involving the disturbance of more than 1 tonne of soil,
(c) work that costs less than $20,000, other than drainage work.
(6) Development consent is not required under this clause to carry out works that—
(a) involve the disturbance of less than 1 tonne of soil, and
(b) are not likely to lower the watertable.
Part 7 Additional local provisions—Parramatta City Centre
Division 1 Preliminary
7.1 Land to which Part applies
(1) This Part applies to land in Parramatta City Centre.
(2) A provision in this Part prevails over another provision of this Plan to the extent of an inconsistency.
Division 2 Development standards generally
Division 3 Design excellence
Division 4 Car parking
Division 5 Provisions for Parramatta City Centre other than “Area A”
Division 6 Site specific provisions
Part 8 Additional local provisions—Carter Street Precinct
8.1 Carter Street Precinct development framework
Development consent must not be granted to development in the Carter Street Precinct unless the consent authority has considered the Carter Street Precinct Development Framework published by the Department on 18 December 2020.
Part 9 Additional local provisions—Melrose Park Precinct
pt 9: Ins 2023 (117), Sch 7[3].
9.1A Application of part
This part does not apply to land in Melrose Park North, other than land identified as “Area 1” or “Area 4” on the Key Sites Map, until 30 June 2026.
cl 9.1A: Ins 2023 (117), Sch 7[3]. Am 2023 (606), Sch 1[1]; 2024 (186), Sch 1; 2025 (169), Sch 1[1]; 2025 (316), Sch 1[3].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2023 (117), Sch 7[4]; 2023 (310), Sch 1[3]; 2023 (365), cl 5; 2024 (484), Sch 1[1] [2]; 2025 (645), Sch 1[8].
10 Use of certain land at 175 Burnett Street, Mays Hill
(1) This clause applies to land identified as “10” on the Additional Permitted Uses Map.
(2) Development for the purposes of boarding houses is permitted with development consent.
10A Use of certain land at Melrose Park South
(1) This clause applies to land identified as “10A” on the Additional Permitted Uses Map.
(2) Development for the purposes of food and drink premises is permitted with development consent.
11 Use of certain land at North Parramatta
(1) This clause applies to land identified as “11” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) office premises,
(b) restaurants or cafes.
12 Use of certain land at 16 Masons Drive, North Parramatta
(1) This clause applies to land identified as “12” on the Additional Permitted Uses Map.
(2) The use of no more than 10 rooms in Yurora House for hotel or motel accommodation is permitted with development consent.
13 Use of certain land at 64 Victoria Road, North Parramatta
(1) This clause applies to land identified as “13” on the Additional Permitted Uses Map.
(2) Development for the purposes of take away food and drink premises is permitted with development consent if the gross floor area of the premises does not exceed 100m2.
14 Use of certain land at 1 Windsor Road, North Rocks
(1) This clause applies to land identified as “14” on the Additional Permitted Uses Map.
(2) Development for the purposes of retail premises is permitted with development consent if—
(a) the premises are primarily used to sell groceries, foodstuffs and liquor, and
(b) the development will not result in more than 3,800m2 of the gross floor area of all buildings on the land being used for retail premises.
15 Use of certain land at 4–6 Barden Street, Northmead
(1) This clause applies to land identified as “15” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) medical centres,
(c) office premises.
16 Use of certain land at Parramatta
(1) This clause applies to land identified as “16” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) light industries that carry out research and development on a commercial basis,
(b) office premises.
17 Use of certain land at Argyle Street, Parramatta
(1) This clause applies to land identified as “17” on the Additional Permitted Uses Map, known as the Parramatta Transport Interchange.
(2) Development for the purposes of a single residential flat building is permitted with development consent if—
(a) no more than 40% of the gross floor area of the building is used for residential accommodation, and
(b) at least 40% of the gross floor area of the building is used for retail premises or business premises, or both.
(3) This clause does not apply to the erection of a new building if the floor space ratio of the building exceeds 6:1.
18 Use of certain land at George Street and 1 Purchase Street, Parramatta
(1) This clause applies to land identified as “18” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) centre-based child care facilities,
(b) community facilities,
(c) function centres,
(d) office premises,
(e) restaurants or cafes.
19 Use of certain land at 111–113 Victoria Road, Parramatta
(1) This clause applies to land identified as “19” on the Additional Permitted Uses Map.
(2) Development for the purposes of commercial premises is permitted with development consent.
20 Use of certain land at Grand Avenue, Rosehill
(1) This clause applies to land identified as “20” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) office premises,
(b) shops.
21 Use of certain land at 108 Silverwater Road, Silverwater
(1) This clause applies to land identified as “21” on the Additional Permitted Uses Map.
(2) Development for the purposes of office premises is permitted with development consent if—
(a) the development is carried out in an existing building, and
(b) the gross floor area of the building, immediately before 18 June 2020, was not less than 2,000m2.
22 Use of certain land at Wentworth Point
(1) This clause applies to land identified as “22” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) boat building and repair facilities,
(b) boat launching ramps,
(c) boat sheds,
(d) marinas.
23 Use of certain land at 195 Church Street, Parramatta
(1) This clause applies to land identified as “23” on the Additional Permitted Uses Map.
(2) Development for the purposes of car parks is permitted with development consent.
24 Use of certain land at 263–281 Pennant Hills Road, Carlingford
(1) This clause applies to land identified as “24” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises, food and drink premises and shops is permitted with development consent.
(3) The maximum gross floor area of the parts of buildings used for the following purposes is 2,600m2—
(a) business premises,
(b) food and drink premises,
(c) recreation facilities (indoor),
(d) shops.
25 Use of land at 63 and 83 Church Street, Parramatta
(1) This clause applies to the following land—
(a) Lot 100, DP 1249271, 83 Church Street, Parramatta,
(b) Lot 102, DP 1249271, 63 Church Street, Parramatta.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
(3) Subclause (2) does not apply unless the consent authority is satisfied that development for the purposes of residential flat buildings, other than the following when located in the basement of a building, will not be carried out on land in Zone E2 Commercial Centre—
(a) parking spaces for vehicles,
(b) storage cages used to store the personal items of residents.
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.
Signage—bus shelter advertising
Must be located on or in a bus shelter owned or managed by Council.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Schedule 5 Environmental heritage
(clause 5.10)
sch 5: Am 2024 (492), Sch 1; 2025 (207), Sch 1[6] [7]; 2025 (470), Sch 1[1] [2].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Schedule 7 (Repealed)
sch 7: Am 2023 (338), cl 5(1) (2). Rep 2023 (117), Sch 7[6].
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Parramatta Local Environmental Plan 2023.
1.1AA Commencement
(1) This Plan commences on the day on which it is published on the NSW legislation website, except as provided by subclause (2).
(2) Schedule 7 commences on 30 June 2023.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in the City of Parramatta 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 protect and enhance the identity, diversity and viability of Parramatta City Centre and recognise its role in the Central River City of the Six Cities Region,
(b) to create an integrated, balanced and sustainable environment that contributes to environmental, economic, social and physical wellbeing,
(c) to identify, conserve and promote the City of Parramatta’s natural and cultural heritage,
(d) to protect and enhance the natural environment, including urban tree canopy cover and areas of remnant bushland,
(e) to ensure development occurs in a way that protects, conserves and enhances natural resources, including waterways, riparian land, surface and groundwater quality and flows and dependent ecosystems,
(f) to encourage ecologically sustainable development,
(g) to minimise risk to the community in areas subject to environmental hazards, particularly flooding and bushfire, by restricting development in sensitive areas,
Who this affects
Private landowners and developers in the City of Parramatta: the Plan defines what they may do on their land (what uses are permitted, development standards, exemptions, and site‑specific conditions) and what approvals they must obtain.
The Council (consent authority) and other public authorities (e.g. Transport for NSW, Planning Secretary for some precincts) that make or are asked for consents, give concurrence, or implement development control plans (see clauses 5.1, 5.1A, 7.3, 9.5 and various site clauses).
Residents and neighbours: the Plan sets controls (e.g. setbacks, heritage protections, flood and bushland protections, limits on overshadowing of identified public spaces) that shape amenity and local outcomes (see clauses 7.7 sun access, 6.13/7.13 design excellence, 6.3 biodiversity).
Infrastructure providers and utilities: the Plan requires essential services to be available before consent (clause 6.7) and requires concurrence or consultation with Transport for NSW and other agencies for certain sites (multiple site clauses).
Why it matters — stated aims and how the legal mechanics pursue them
Stated aims: the Plan explicitly says it aims to set local environmental planning provisions for Parramatta and lists aims including supporting arts/culture, protecting natural and cultural heritage, managing flood and bushfire risk, encouraging ecologically sustainable development, enabling housing and employment, and protecting road system operations (clause 1.2).
How the Plan pursues those aims (mechanics):
Costs, incentives, trade‑offs and likely behavioural effects (practical test of the stated aims)
Who pays: costs fall primarily on landowners/developers. Specific costs include meeting higher design and sustainability standards (design competitions, design advisory panels, BASIX / energy/water performance requirements in clause 7.25), preparing development control plans or heritage management documents, and (where required) dedicating land for public open space to unlock additional FSR (clause 4.4A(5)–(6)). Public authorities bear costs of reviewing complex applications and implementing public domain works.
Incentives built into the Plan: additional FSR or height is available in many locations when specific public benefits or conditions are met — for example: commercial floor space minimums, design excellence winners, meeting high‑performance energy/water targets, provision of public open space, or reduced residential parking (clauses 7.5, 7.15, 7.25, 8.5, 7.26). Those clauses shift value toward projects that deliver design excellence, commercial activity, sustainability outcomes or public amenities.
Trade‑offs and substitution effects: the Plan prioritises higher density and tall buildings in identified precincts (Parramatta City Centre and specific “Areas”) while protecting certain heritage, open space and foreshore lands. That creates a transfer of development potential to defined sites and may increase land values and development activity in those precincts while constraining other areas (see Part 7 Special Provisions Area maps and site clauses such as 7.33, 7.34, 7.35). Developers may substitute residential floor area for commercial floor area in some places only if they meet the specified conditions.
Compliance burden and bureaucratic discretion: the Plan imposes many discretionary tests (e.g. Council must be satisfied about suitability, design excellence, heritage impacts, flood compatibility). Those tests create administrative workload and give the consent authority (the Council) and other agencies (e.g. Transport for NSW; Planning Secretary concurrence under clause 9.5 for Melrose Park) significant decision‑making discretion. Mandatory design competitions and advisory panels for many large projects increase upfront costs and process complexity (clauses 6.13, 7.14, 9.3).
Concentrated benefits and risks of capture: additional FSR and height incentives are concentrated — they mainly benefit owners of identified key sites or large consolidated parcels that can meet the conditions. That structure can advantage parties able to invest in design processes, assemble sites and meet sustainability and public‑benefit conditions.
Implementation risk: the Plan relies heavily on multiple maps, site‑specific development control plans and cooperation with other agencies. Errors in mapping or delay in preparing required DCPs or securing agency concurrence (e.g. Transport for NSW) could delay projects or create ambiguity (see clauses 1.7, 6.23, 8.3 and many site clauses requiring DCPs).
Notable specific regulatory tools and limits
Repeal and savings: older local environmental plans applying to Parramatta are repealed; development applications made before the Plan’s commencement are generally decided under the pre‑existing instrument (clause 1.8, 1.8A).
Suspension of private covenants: certain covenants that would otherwise prevent development consistent with the Plan are suspended to the extent necessary, with express exclusions such as Council’s own covenants, biodiversity certifications and planning agreements (clause 1.9A).
Canal estates are expressly prohibited (clause 2.9).
Heritage and archaeological controls: demolition or alteration of listed heritage items or excavation of archaeological sites requires consent and, in particular circumstances, notification of the Heritage Council or local Aboriginal communities (clause 5.10 and Schedule 5).
Parramatta City Centre has a dense set of bespoke rules: graduated FSR rules depending on site area and site category (clause 7.3–7.5), sun‑access protection for key public spaces (clause 7.7), mandatory design excellence processes (7.12–7.15), car parking formulas and caps (7.16–7.20), and many site‑specific floor area and use mix requirements (Part 7 Division 6 site clauses).
Bottom‑line practical effect
(h) to improve public access along waterways if the access does not adversely impact the natural value of the waterways,
(i) to improve public access to, and within, the City of Parramatta and facilitate the use of public transport, walking and cycling,
(j) to encourage a range of development to meet the needs of existing and future residents, workers and visitors,
(k) to enhance the amenity and characteristics of established residential areas,
(l) to retain the predominant role of industrial areas,
(m) to ensure development does not detract from the economic viability of commercial centres,
(n) to ensure development does not detract from the operation of local or regional road systems.
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—
Auburn Local Environmental Plan 2010
Holroyd Local Environmental Plan 2013
Parramatta (former The Hills) Local Environmental Plan 2012
Parramatta Local Environmental Plan 2011
(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.
Note—
Hornsby Local Environmental Plan 2013 does not apply to the land to which this Plan applies.
(2A) The following environmental planning instruments are repealed—
(a) Parramatta Local Environmental Plan 2011 (Amendment No 59),
(b) Parramatta Local Environmental Plan 2011 (Amendment No 64),
(c) Parramatta Local Environmental Plan 2011 (Amendment No 67),
(d) State Environmental Planning Policy (Amendment) (Parramatta CBD) (No 2) 2022.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under the Act, Division 3.5, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) 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.
cl 1.8A: Am 2023 (609), 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) [Not applicable]
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in a zone to be carried out in accordance with this Plan or with a consent granted under the Act, an agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve the 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 a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or
(c) to a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to a relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or
(e) to the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, in relation to a set aside area under the Local Land Services Act 2013, Part 5A, or
(f) to a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to a planning agreement within the meaning of the Act, Division 7.1.
(3) This clause does not affect the rights or interests of a public authority under a registered instrument.
(4) Under the Act, section 3.16, the Governor, before the making of this clause, approved of subclauses (1)–(3).
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
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
C2 Environmental Conservation
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
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 carrie
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