Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument does (mechanics)
Sets the local planning rules for land in the Randwick local government area. It does this by: (a) dividing land into zones (residential, commercial, industrial, conservation, recreation, special purpose, etc) and stating what uses are permitted, permitted with consent, or prohibited in each zone (cl 2.1–2.3 and the Land Use Table); (b) fixing key development standards such as maximum building heights (cl 4.3 and Height of Buildings Map), floor space ratios (cl 4.4 and Floor Space Ratio Map), and minimum lot sizes for subdivision (cl 4.1 and Lot Size Map); (c) identifying exempt and complying development that can proceed without a full development consent (Part 3, Schedule 2 and Schedule 3); and (d) including a suite of local controls and requirements for particular matters (Part 5 and Part 6) — for example heritage controls (cl 5.10, Schedule 5), flood planning (cl 5.21–5.22), terrestrial biodiversity (cl 6.5), stormwater design (cl 6.4), acid sulfate soils (cl 6.1), and local site‑specific rules (e.g. cl 6.16 Young Street, cl 6.17 Kensington/Kingsford incentives).
Maps and schedules are integral. The Plan repeatedly refers to maps (Land Zoning Map, Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, Key Sites Map, Terrestrial Biodiversity Map, etc) and to Schedules (additional permitted uses, exempt/complying works, heritage items, public land classification, aquaculture requirements). These maps and schedules determine how the written clauses apply to particular parcels of land (cl 1.7; cl 2.2; various clauses).
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Direct links to the current provisions in Randwick Local Environmental Plan 2012.
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
RU4 Primary Production Small Lots
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E4 General Industrial
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
cl 2.1: Am 2022 (857), Sch 1.2A[1] (ins 2023 (82), Sch 1.6[4]).
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2016 (167), Sch 1 [3]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2021 (714), Sch 10.15; 2022 (857), Sch 1.2A[2] (ins 2023 (82), Sch 1.6[4]); 2023 (458), Sch 2.67; 2023 (461), Sch 1[4] [5].
Zone RU4 Primary Production Small Lots
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E4 General Industrial
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
3 Permitted with consent
Agricultural produce industries; Agritourism; Aquaculture; Building identification signs; Business identification signs; Dwelling houses; Extensive agriculture; Farm buildings; Flood mitigation works; Home businesses; Home industries; Intensive plant agriculture; Plant nurseries; Roads; Roadside stalls
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 |
(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 and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. 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 and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Division 1 Local provisions
pt 6, div 1, hdg: Ins 2023 (461), Sch 1[11].
Division 2 Affordable housing
pt 6, div 2: Ins 2023 (461), Sch 1[21].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2014 (734), Sch 1 [2]; 2016 (440), cl 4; 2017 (493), Sch 1.2 [1]; 2022 (857), Sch 1.2A[11] (ins 2023 (82), Sch 1.6[4]); 2023 (461), Sch 1[22].
7 Use of certain land for registered clubs
(1) This clause applies to the following land at the addresses and for the clubs with the property descriptions indicated opposite—
| Name | Address | Property description | | Australian Turf Club | 69–75 and 77–97 Alison Road, Randwick | Lot 2009, DP 1169042; Lot 1588 and 1642, DP 752011 | | Clovelly Bowling and Recreation Club | 1–11 Ocean Street, Clovelly | Part of Lot 7088, DP 1060705 | | Coast Golf and Recreation Club | 1 Coast Hospital Road, Little Bay | Lot 70, DP 270427 | | Coogee Bowling Club | 51–61 Dolphin Street, Coogee | Lots 486–491 DP 752011; Part of Lot 492, DP 752011; Part of Lot 7063, DP 93865 | | Coogee Diggers | 2 Byron Street, Randwick | Lot 1482, DP 752011 | | Eastern Suburbs Tennis Club | 54B Bream Street, Coogee | Lot 1502, DP 752011 | | Kensington Bowling Club | 1 Day Lane, Kensington | Lot 7112, DP 94001 | | New South Wales Golf Club | 1528 Anzac Parade, La Perouse | Part of Lot 4, DP 1110408 | | South Coogee Bowling Club | 5–7R Henning Avenue, South Coogee | Part of Lot 7020, DP 1058523 | | St Michael’s Golf Club | 9–9A Jennifer Street, Little Bay | Lot 1, DP 208553; Part of Lot 3126, DP 752015 | | Yarra Bay 16Ft Skiff Sailing Club | 67–73 Yarra Road, Philip Bay | Lot 3945, DP 752015; Lots 4684–4686, DP 752015 |
(2) Development for the purpose of a registered club is permitted with development consent.
8 Use of land at Royal Randwick Racecourse
(1) This clause applies to certain land at the Royal Randwick Racecourse, being part of Lot 2009, DP 1169042, as shown coloured pink and identified as “Area A” on the Additional Permitted Uses Map.
(2) Development for the purposes of hotel or motel accommodation, serviced apartments and function centres is permitted with development consent.
(3) Development consent under subclause (2) may only be granted by the consent authority if the consent authority is satisfied that the development will not result in the erection of more than one building on the land to which this clause applies.
9 Use of land at 270 Malabar Road, Maroubra
(1) This clause applies to land at 270 Malabar Road, Maroubra, being Lot 3821, DP 752015.
(2) Development for the purpose of a centre-based child care facility 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 2022 (857), Sch 1.2A[12] (ins 2023 (82), Sch 1.6[4]) [13] (ins 2023 (82), Sch 1.6[4]) [14] (ins 2023 (82), Sch 1.6[4]) [15] (ins 2023 (82), Sch 1.6[4]) [16] (ins 2023 (82), Sch 1.6[4]); 2023 (461), Sch 1[23] [24].
External lighting and security systems
(1) Must not be for the lighting of sports fields or tennis courts.
(2) Must be installed and maintained so that light spill is contained within the site.
(3) Must be used for normal recreational or security purposes only and must not be used for any advertising purposes or the floodlighting or illumination of buildings or premises.
(4) Must not cause a public nuisance.
(5) Must not be attached to a heritage item.
(6) If undertaken in a heritage conservation area, must be to the rear of the building and not visible from any public road or place (other than a rear laneway) and must not result in any damage to the building fabric.
Fencing (in heritage conservation areas)
(1) Applies only to timber paling or timber lapped and capped fences for side (behind the building line) and rear boundary fences.
(2) Maximum height above ground level (existing)—1.8m.
(3) Must not prevent or impede the natural flow of stormwater drainage or runoff, or redirect the flow onto adjoining properties.
Repair of building work or structures damaged by storm, flood, fire, accident, structural failure or other similar events to which clause 2.30AA of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not apply
(1) Must only be to weatherproof the building and make it fit to live in or make it safe or structurally adequate to maintain public safety.
(2) Must not involve changes in the configuration of the building or result in any increase in floor area.
(3) If a heritage item or within a heritage conservation area—must match the external finishes of the building immediately before the damage or be of a temporary nature (maximum 6 months from the date of the emergency, incident or event).
Road banners
(1) Must be approved under the Local Government Act 1993 and installed for a temporary period only.
(2) Public liability, indemnity insurance and fees must be paid before installation.
Signage—advertising structures and displays generally
(1) Must relate to the premises on which it is situated.
(2) Must relate to a lawful use carried out on the premises.
(3) Must comply with AS 4282—1997, Control of the obtrusive effects of outdoor lighting.
(4) Must not cover mechanical ventilation inlet or outlet vents.
(5) Must not be flashing, illuminated (unless otherwise permitted in this Schedule) or animated.
(6) Must not contain offensive or sexually explicit material.
(7) Must not interfere with, or confuse interpretation or reading of, traffic signals.
(8) Must not be on a heritage item or in a heritage conservation area (except for real estate signs and under awning signs as provided for particular types of sign specified below).
Signage—Zone E1 and E2 or business premises in other zones
(1) A-frame
(a) only 1 sign per commercial premises, and
(b) must not be located on a footpath adjacent to a classified road, and
(c) must not be located in a residential zone unless it relates to an existing purpose-built shop, and
(d) must be removed from the footpath outside of the approved operating hours of the related business.
(2) Fascia signs Signs attached to the fascia or return of the awning must not project above, below or beyond the fascia of the awning by more than 15mm.
(3) Flush wall signs Signs attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 100mm—
(a) only 1 sign per premises, and
(b) maximum area—1.2m2, and
(c) must not encroach over any public road or footpath, and
(d) must not be located above the awning or above ground floor.
(4) Shop windows Signs attached to a shop window—
(a) only 1 sign per shop or premises, and
(b) must be behind the glass shopfront or behind the front alignment of the shopfront, and
(c) if at ground floor level—may be illuminated.
(5) Top hamper signs Signs attached to the transom of a doorway or above a display window of a building and not projecting more than 100mm—
(a) only 1 sign per shop or premises if less than 30m frontage, or 1 sign per 30m of frontage, and
(b) maximum area if not illuminated—10m2, and
(c) maximum area if illuminated—5m2.
(6) Under awning signs Signs attached to the underside of an awning other than a fascia—
(a) only 1 sign per shop or premises if less than 20m frontage, or 1 sign per 20m of frontage, and
(b) maximum area—1.2m2, and
(c) may be internally illuminated, and
(d) must be at least 2.6m above ground or pavement level, and
(e) must be at least 600mm from the edge of the road.
Signage—Zone E4
(1) Only 1 flush wall sign per premises if less than 30m frontage, or 1 sign per 30m of frontage.
(2) Maximum area—4m2.
(3) Maximum height above ground level (existing)—3m.
Signage—residential zones
(1) Only 1 per residence.
(2) Maximum area—0.75m2.
(3) Must be located on the ground floor.
(4) Must not overhang a public road or footpath.
Signage—real estate (advertising premises or land for sale or lease)
(1) Only 1 sign per shop or premises if less than 30m frontage, or 1 sign per 30m of frontage.
(2) Maximum area in a residential zone—2.5m2.
(3) Maximum area in an employment or special purpose zone—4.5m2.
(4) Must be located on the ground floor.
(5) Must be located wholly within the property to be sold or leased or currently under construction, unless located on the awning of the building.
(6) If affixed on the awning of a building over a public road in an employment zone, must be less than 1.5m2.
(7) Must be removed within 14 days of the completion of the sale or granting of the lease, or 6 months after erection of the building, whichever is the sooner.
Signage—temporary
(1) Must not be a nuisance or inconvenience to the public.
(2) Maximum area—5m2.
(3) Maximum period of display, if on private land—72 hours.
(4) Maximum displays per year—4.
(5) If in a public place and not a road banner—must have the prior written approval of relevant authority and fees must be paid before installation.
Erection of temporary structures such as stalls, shade structures, marquees, stages, etc
(1) Must be for the purposes of a community activity, event, function or market.
(2) Must take place on only the following—
(a) a road,
(b) the grounds of a school,
(c) a place of public worship,
(d) a hospital,
(e) other public land,
(f) land in a recreation zone,
(g) land in a special purpose zone.
(3) Despite subclause (2), a market must not take place on the grounds of a school.
(4) (Repealed)
(5) Operator must have made arrangements for the collection, by an authorised trade waste contractor, of waste and recyclable materials that are generated by the event or use.
(6) Each stall and vendor must be registered with the Council before the event starts.
(7) Must have obtained any necessary approval to stage the event.
Note.
The proposed event or temporary use may require approvals under the Local Government Act 1993. Such activities include: closure of public roads, temporary structures, food stalls, mobile food vendors, activities on community land, certain amusement devices and public entertainment. Consultation with the Council will assist in identifying any requirements before organising the activity. Other legislation relating to matters such as fire safety, other safety standards and noise generated by the event must be complied with.
(8) If on Crown land or land under the care and control of the Council, golf courses, Randwick Racecourse or the University of New South Wales on an occasional basis, may be up to 10 days and with a maximum of 5,000 patrons at any one time and consistent with any plan of management that may apply to the land.
(9) If not on land referred to in subclause (8), may be up to 3 days only, between 7.00 am and 10.00 pm, with a maximum of 2,000 patrons at any one time, except with the prior written approval of the Council.
Temporary use of buildings for a public meeting, function or entertainment
(1) Must be a public activity, event or function.
(2) Must take place in an assembly building (being a class 9b building under the Building Code of Australia) on the grounds of a school, place of public worship or other public land or land that is in a recreation zone or a special purpose zone.
(3) Maximum events or activities each calendar year—10.
(4) Event or activity must end by 11 pm or such earlier time specified in an existing consent applying to the building.
Note.
Legislation relating to matters such as fire safety, other safety standards and noise generated by the event must be complied with.
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.
Awning and shopfront replacements to existing shops (in a heritage conservation area)
(1) Applies only to replacement of an existing awning or non-original shopfront.
(2) Does not apply to existing shopfront or awnings on a commercial building that is a heritage item.
(3) Must be consistent with any development control plan or conservation plan applying to the area or building.
(4) Must not involve replacing or installing roller shutters, grilles or similar to shopfronts or windows or doors.
(5) Must not involve glazed awnings or awnings with an angle or fall of greater than 10 degrees.
(6) Must not be inconsistent with any relevant development consent and must not contravene any specific condition of consent.
(7) Must not alter existing goods loading and unloading or parking facilities.
(8) The height and dimensions of awnings must be consistent with the awnings on adjoining premises and not be less than 3m or greater than 5m above the footpath level at any point.
(9) Awnings must be at least 600mm from the edge of the footpath adjoining the road.
(10) A certificate of adequacy must be obtained from a professional engineer certifying the structural adequacy of the awning. The certificate must be forwarded to Council and the principal certifying authority before issuing an occupation certificate.
(11) Must not result in an increase in the gross floor area of the building.
(12) Design, materials and colours must maintain the architectural integrity, design, appearance and amenity of the building and streetscape.
(13) Glazing to shopfronts must be non-reflective.
(14) Public safety must be maintained at all times during construction.
(15) Replacement shopfronts must not reduce or affect existing levels of access for people with a disability, and if the shopfront is being replaced in conjunction with internal alterations, access for disabled persons must be provided as required during alterations.
(16) Written approval of the strata plan owners corporation must be obtained before approval (where relevant).
(17) Stormwater must be connected to an existing approved stormwater system or the street gutter.
(18) Written approval must be obtained to carry out works on or over a road or footpath in accordance with the Roads Act 1993.
New or enlarged external door or window openings to the rear of a building (in heritage conservation areas)
(1) Applies only to the rear of single dwellings, dual occupancies and to ancillary class 10a buildings under the Building Code of Australia in heritage conservation areas where the works are not readily visible from any public road or place (other than a rear laneway or similar).
(2) Does not apply to heritage items.
(3) Design, materials, construction, colour scheme and external finish must be compatible and integrate with the existing building adjacent development and must maintain the visual amenity of the area and streetscape and be consistent with its heritage attributes.
(4) Must not be inconsistent with any relevant development consent conditions.
(5) Opening must be located at the rear of the building (and not located on the front elevation or street elevation of the building), and the design and architectural integrity and amenity of the dwelling and streetscape must be fully maintained.
(6) Opening at the rear of the building must be located at ground floor level and the floor level of the room (in which the new or enlarged window or door is provided) must not be more than 1.2m above ground level.
(7) Windows must be located 900mm or more from property boundaries or be of fixed and fire rated glazing.
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 2015 (163), Sch 1 [3] [4]; 2019 (98), cl 5; 2020 (400), cl 5; 2023 (227), cl 5; 2023 (461), Sch 1[25]–[34]; 2023 (659), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.
(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11 Culture water
Must use freshwater.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Randwick Local Environmental Plan 2012.
1.1AA Commencement
This Plan commences 14 days after it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Randwick 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 foster a liveable city that is accessible, safe and healthy with quality public spaces, connections to open space and attractive neighbourhoods and centres,
(b) to support a diverse local economy and business and employment opportunities for the community,
(c) to support efficient use of land, vibrant centres, integration of land use and transport, and an appropriate mix of uses,
(d) to achieve a high standard of design in the private and public domain that enhances the quality of life of the community,
(e) to promote sustainable transport, public transport use, walking and cycling,
(f) to facilitate sustainable population and housing growth,
(g) to encourage the provision of housing mix and tenure choice, including affordable and adaptable housing, that meets the needs of people of different ages and abilities in Randwick,
(h) to promote the importance of ecological sustainability and resilience in the planning and development process,
(i) to protect, enhance and promote the environmental qualities of Randwick,
The Council is the consent authority subject to the Environmental Planning & Assessment Act (cl 1.6). The Plan is also subject to State Environmental Planning Policies where those SEPPs prevail (cl 1.9).
Who it affects
Why it matters (official aims then practical effects)
The Plan’s stated aims include enabling a livable city, protecting heritage and environment, supporting economic activity, enabling sustainable growth and housing choice, and recognising Aboriginal connection to Country (cl 1.2). Those aims translate into the instrument’s mechanics: zoning controls, heritage constraints, biodiversity and stormwater controls, design‑excellence requirements and targeted housing / affordable housing measures (see cl 6.25–6.28).
Practical effects and trade-offs to note (mechanisms, costs and incentives):
Who pays, who decides, and what behaviour changes
Who pays: developers and landowners bear direct compliance costs (assessment fees, design and heritage reports, management plans, infrastructure works), may have to make monetary contributions or dedicate dwellings/land for affordable housing (cl 6.26–6.27), and may need to fund mitigation (stormwater, acid sulfate soils plans). Council (and sometimes the State) bears administration, mapping, and enforcement costs; other State agencies may be involved in approvals where applicable (cl 1.9; cl 6.8).
Who decides: the Council is the default consent authority (cl 1.6). Decision‑making is constrained by the Act and by any SEPPs that prevail (cl 1.9). The Plan sometimes requires consultation with external bodies (Heritage Council cl 5.10(7); relevant Commonwealth body for airport airspace cl 6.8).
Behaviour changes the Plan intends to encourage or prevent:
Implementation, compliance and risk considerations
The Plan relies heavily on maps and schedules. Accurate mapping and consistent updates are essential; errors or delays in map updates can create legal uncertainty (cl 1.7; multiple map references).
Many clauses require expert documentation or discretionary judgments (heritage management documents cl 5.10(5); acid sulfate soils management plans cl 6.1(3); stormwater and biodiversity impact assessments cl 6.4 and cl 6.5). That raises the cost of applications and increases the Council’s workload in assessment.
There are multiple cross‑references and carve‑outs to State SEPPs and other Acts (cl 1.9, cl 1.9A). Applicants and assessors must track which State policies prevail in particular cases.
The Plan provides flexibility via exceptions to standards (cl 4.6) but requires the applicant to justify contraventions on environmental planning grounds, and the consent authority to keep an assessment record — adding procedural steps and potential legal scrutiny.
Selected clause pointers for quick reference
(References in parentheses are to the clause numbers and Schedules in the Randwick Local Environmental Plan 2012.)
(j) to ensure the conservation of the environmental heritage, aesthetic and coastal character of Randwick,
(k) to acknowledge and recognise the connection of Aboriginal people to the area and to protect, promote and facilitate the Aboriginal culture and heritage of Randwick,
(l) to promote an equitable and inclusive social environment,
(m) to promote opportunities for social, cultural and community activities.
cl 1.2: Am 2023 (461), Sch 1[1] [2].
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—
Randwick Local Environmental Plan 1998 (Consolidation)
(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 provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) Despite subclause (1), a development application made before the commencement of this Plan in relation to land at the Royal Randwick Racecourse, being part of Lot 2009, DP 1169042 as shown coloured pink and identified as “Area A” on the Additional Permitted Uses Map, may be determined in accordance with this Plan.
(3) The amendments made to this plan by Randwick Local Environmental Plan 2012 (Amendment No 9) do not apply to a development application made but not finally determined before the commencement of the plan.
(4) 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.
(5) An amendment made to this plan by Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025 does not apply to a development application made, but not finally determined, before the commencement of the amendment.
cl 1.8A: Am 2014 (734), Sch 1 [1]; 2019 (621), Sch 5[1]; 2023 (461), Sch 1[3]; 2023 (609), Sch 1.1[1]; 2025 (597), Sch 8[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU4 Primary Production Small Lots
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E4 General Industrial
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
cl 2.1: Am 2022 (857), Sch 1.2A[1] (ins 2023 (82), Sch 1.6[4]).
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 plann
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