New South Wales regulation

South Sydney Local Environmental Plan 1998

In ForceNSW

Jurisdiction

New South Wales

Act Number

225 of 1998

Collection

regulation

Plain English Summary

6/10 complexity

South Sydney Local Environmental Plan 1998 applies to most of the City of South Sydney (with listed exclusions), names the Council as the consent authority, and establishes a zoning framework (Zones No. 2(a)/(b) through No. 11(b)). Each zone states objectives and lists what types of development require council consent or are exempt (notably by cross-reference to clause 10A). The plan consolidates and repeals earlier local environmental planning instruments and uses maps and schedules to locate zones and site-specific controls.

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What it does

Mechanically, this instrument is a local environmental plan (South Sydney Local Environmental Plan 1998) that sets zoning, permitted/prohibited uses, development assessment rules and a set of special controls for the City of South Sydney. It:

establishes the consent authority (the Council) for land to which the plan applies (cl 4);
defines zones and their objectives (Pt 3, cls 9-21E), and disallows development unless consent is granted consistent with zone objectives (cl 10);
sets a procedural and substantive framework specific to Green Square, including a requirement for masterplans for Green Square development sites (Division 2, cls 27A-27K) and further bespoke controls for the Green Square Town Centre (Division 2A, cls 27KA-27KL) covering gross floor area mixes, maximum heights, architectural standards, floodwater management and communal car parks (cls 27KE-27KL);
creates an affordable housing regime for Green Square allowing the consent authority to impose affordable housing conditions tied to a specified formula (cls 27L-27R, esp. cl 27P);
suspends certain private covenants and similar instruments where necessary to enable development in Green Square or under the plan while preserving registered public authority interests (cls 27KI, 44);
imports selected provisions of Sydney Local Environmental Plan 2012 to operate in the plan area (cl 29A);
provides a mechanism to permit exceptions to development standards (cl 56B) subject to applicant demonstration and recordkeeping, and creates an express prohibition on using certain design aspects of licensed premises (music, dancing, stage orientation etc.) as standalone grounds for refusal (cl 56C);
adds topical, modern controls including mandatory consent for demolition (cl 47A), temporary use limits (cl 47B), controls on conversion of fire alarm monitoring (cl 47C), public bushland protection (cl 56D), and a prohibition on canal estate development (cl 56E).

Current sections

Direct links to the current provisions in South Sydney Local Environmental Plan 1998.

112

Part 1

Introduction

Part 1 Introduction

Name of plan

1 Name of plan

This plan is South Sydney Local Environmental Plan 1998.

Area covered by this plan

2 Area covered by this plan

(1) This plan applies to the whole of the City of South Sydney, except—

(a) land to which State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021, Chapter 4 or 7 applies,

(b) (Repealed)

(b1) land to which Sydney Local Environmental Plan 2012 applies, and

(c) land shown coloured grey and marked “excluded” on the map.

(2) The land to which this plan applies is shown by distinctive edging on the map.

(3) To the extent that clauses 22–27, definitions in Schedule 1 of terms used in those clauses and entries in Schedule 2, 2A or 2B relate to land subject to the City of Sydney Planning Scheme Ordinance or South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts), this plan also applies to that land, despite subclauses (1) and (2).

cl 2: Am 28.7.2000; 2012 (628), Sch 6.2 [1]; 2022 (72), Sch 1.51[1].

Relationship to other environmental planning instruments

3 Relationship to other environmental planning instruments

This plan repeals—

(a) the City of Sydney Planning Scheme Ordinance,

(b) Sydney Local Environmental Plan No 30, Sydney Local Environmental Plan No 66, South Sydney Local Environmental Plan No 101, South Sydney Local Environmental Plan No 107 (Erskineville/Alexandria and Surry Hills)South Sydney Local Environmental Plan No 109—Rental Accommodation, South Sydney Local Environmental Plan No 110—Child Care Centres and South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts), and

(c) all other local environmental plans and deemed environmental planning instruments,

but only to the extent that they applied, immediately before the appointed day, to land to which this plan applies within the City of South Sydney.

Consent authority

4 Consent authority

The Council is the consent authority for the purposes of this plan.

Definitions

5 Definitions

(1) Definitions used in this plan are set out in Schedule 1.

(2) In this plan—

(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(b) a reference to a map is a reference to a map deposited in the office of the Council.

(3) Notes in this plan and the list of its contents do not form part of this plan.

Part 2

Planning principles

Part 2 Planning principles

Aim

6 Aim

The aim of this plan is to establish the framework for future development within the City of South Sydney.

Principal objectives

7 Principal objectives

The principal objectives of this plan are—

(a) to ensure a sustainable City of South Sydney through the efficient and equitable management and allocation of resources, and

(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, and

(b) to enhance the quality of life and well-being of the local community, and

(c) to implement the goals and objectives contained in the Strategy for a Sustainable City of South Sydney published in June 1995 by the Council, and

(d) to repeal all the existing local environmental planning instruments applying to the land to which this plan applies to the extent to which they apply to that land, and to replace those controls with a single local environmental plan, and

(e) to rationalise the former land use restrictions by creating a small number of zones, and

(f) to create an integrated planning framework of land use controls which allow detailed provisions to be made in development control plans.

cl 7: Am 2020 (724), Sch 2[2].

Consideration of Council’s strategy

8 Consideration of Council’s strategy

In assessing any development application, the Council must take into consideration the goals and objectives contained in the Strategy for a Sustainable City of South Sydney to the extent that they relate to the proposed development.

Part 3

General restrictions on development

Part 3 General restrictions on development

Zones indicated on the map

9 Zones indicated on the map

For the purposes of this plan, the following zones apply to land as shown on the map—

Zone No 2 (a) Residential (Low Density) Zone

Zone No 2 (b) Residential (Medium Density) Zone

Zone No 3 Business Zone

Zone No 4 Industrial Zone

Zone No 5 Special Uses Zone

Zone No 6 (a) Local Recreation Zone

Zone No 6 (b) Regional Recreation Zone

Zone No 9 (a) Arterial Road Reservation Zone

Zone No 9 (b) Local Road Reservation Zone

Zone No 9 (c) Local Recreation Reservation Zone

Zone No 10 Mixed Uses Zone

Zone No 10 (a) Mixed Uses “A” Zone

Zone No 10 (b) Mixed Uses “B” Zone

Zone No 10 (c) Mixed Uses “C” Zone

Zone No 10 (d) Mixed Uses “D” Zone

Zone No 10 (e) Mixed Uses “E” Zone

Zone No 11 (a) Green Square Town Centre Zone

Zone No 11 (b) Green Square Town Centre Public Domain Zone

cl 9: Am 28.5.1999; 7.9.2001; 2006 (806), Sch 1 [1].

Zone objectives and general development controls

10 Zone objectives and general development controls

Except as otherwise provided by this plan, the Council must not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the proposal is consistent with the objectives of the zone within which the land is located.

10A

10A (Repealed)

Zoning controls for Zone No 2 (a)—the Residential (Low Density) Zone

11 Zoning controls for Zone No 2 (a)—the Residential (Low Density) Zone

(1) What are the objectives of the zone? The objectives of Zone No 2 (a) are—

(a) to preserve the amenity of existing low density residential areas, and

(b) to nominate those localities which are primarily low density residential and where future residential development of comparable density is likely to occur, and

(c) to ensure that building form, (including alterations and additions) is in character with the surrounding built environment and does not detract from the amenity enjoyed by nearby residents or the existing quality of the environment, and

(d) to provide opportunities for non-residential development which provides services or employment for residents, and is of a type and scale that is compatible with existing or planned residential development, and does not detract from the amenity enjoyed by nearby residents or the existing quality of the environment.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

boarding houses; child care centres; dwelling houses; educational establishments; home industries; local businesses; professional consulting rooms; roads; temporary buildings.

Any other development not included in subclause (2).

Notes.

The consequences of carrying out development in this zone without development consent are the same as for carrying out prohibited development, unless the development is allowed to be carried out without consent by an Act, this plan or another environmental planning instrument.

Clause 10 provides that such a development consent must not be granted unless the Council is of the opinion that the proposed development is consistent with the objectives of this zone.

cll 11: Am 19.11.1999; 28.7.2000.

Zoning controls for Zone No 2 (b)—the Residential (Medium Density) Zone

12 Zoning controls for Zone No 2 (b)—the Residential (Medium Density) Zone

(1) What are the objectives of the zone? The objectives of Zone No 2 (b) are—

(a) to enhance the amenity of existing medium density residential areas, and

(b) to nominate those localities which are primarily residential and where future residential development is likely to occur, and

(c) to ensure that building form including alterations and additions, is in character with the surrounding built environment and does not detract from the amenity enjoyed by nearby residents or the existing quality of the environment, and

(d) to provide limited opportunities for non-residential development which provides goods, services or employment for residents and is of a type and scale that is compatible with existing or planned residential development and does not detract from the amenity enjoyed by nearby residents or the existing quality of the environment, and

(e) to facilitate a higher density and diverse forms of residential development on appropriate sites, and

(f) to facilitate opportunities for small scale local business activity which is compatible with existing residential areas.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

bed and breakfasts; boarding houses; child care centres; community centres; dwelling houses; educational establishments; home industries; hospitals; local businesses; local shops; multiple dwellings; places of public worship; professional consulting rooms; public buildings; roads; temporary buildings.

Any other development not included in subclause (2).

Notes.

The consequences of carrying out development in this zone without development consent are the same as for carrying out prohibited development, unless the development is allowed to be carried out without consent by an Act, this plan or another environmental planning instrument.

Clause 10 provides that such a development consent must not be granted unless the Council is of the opinion that the proposed development is consistent with the objectives of this zone.

cll 12: Am 19.11.1999; 28.7.2000.

Zoning controls for Zone No 3—the Business Zone

13 Zoning controls for Zone No 3—the Business Zone

(1) What are the objectives of the zone? The objectives of Zone No 3 are—

(a) to encourage suitable types of mixes of business activities including retail, commercial, professional and entertainment-related land uses that increase employment opportunities and contribute towards the economic and social vitality of the area, and

(b) to permit appropriate forms of urban residential development within the zone to mutually support the vitality of the commercial strips and centres, and in doing so, assist successful urban consolidation, and

(c) to improve the amenity and accessibility of commercial strips and centres for residents, workers and visitors in those areas, and

(d) to incorporate contemporary urban design principles in the design of new buildings and the interpretation of their relationship with the public domain, and

(e) to implement the principles of energy efficiency, travel demand management and other sustainable development practices as part of the development assessment process, and

(f) to encourage the integration of suitable employment and resident intensive activities into accessible locations so as to maximise public transport patronage and encourage travel by foot and bicycle from surrounding areas.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

advertising structures; amusement centres; backpackers’ hostels; bed and breakfasts; boarding houses; bulky goods retailing; car parking stations; car repair stations; child care centres; clubs; commercial premises; community centres; dwellings attached to, or within a building used or intended to be used for, a land use which is permissible within the zone; educational establishments; high technology industries; home industries; hospitals; hotels; light industries; local businesses; medical centres; motels; motor showrooms; multiple dwellings; passenger transport terminals; places of assembly; places of public worship; private hotels; public buildings; recreation areas; recreation facilities; restaurants; restricted premises; roads; service stations; serviced apartments; shops; temporary buildings; vehicle rental centres.

Any other development not included in subclause (2).

Notes.

The consequences of carrying out development in this zone without development consent are the same as for carrying out prohibited development, unless the development is allowed to be carried out without consent by an Act, this plan or another environmental planning instrument.

Clause 10 provides that such a development consent must not be granted unless the Council is of the opinion that the proposed development is consistent with the objectives of this zone.

cl 13: Am 19.11.1999; 28.7.2000; 4.5.2001.

Zoning controls for Zone No 4—the Industrial Zone

14 Zoning controls for Zone No 4—the Industrial Zone

(1) What are the objectives of the zone? The objectives of Zone No 4 are—

(a) to facilitate and encourage suitable types of industrial development ranging from general industry to high technology industry, including warehousing, manufacturing and distribution centres, or other land uses which, due to their type, nature, scale, transport requirements or impacts, cannot reasonably be located in another zone, and

(b) to allow for a range of ancillary, non-industrial land uses that provide direct services to industrial activities and their workforce, including associated research, administration, commercial and retail facilities, and

(c) to ensure that development is carried out in a manner which does not detract from the amenity enjoyed by residents in neighbouring localities, the viability of commercial centres in the vicinity, or from the efficient operation of the local or regional road system, and

(d) to provide for appropriate forms of industrial development which will contribute to the economic and employment growth of the area, and

(e) to improve the environmental quality of the City of South Sydney by ensuring that industries conform to strict environmental and hazard reduction guidelines, and

(f) to ensure that the scale, design and materials of construction, and the nature of development, contribute positively to the visual quality of major access routes.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

advertising structures; bulky goods retailing; car repair stations; child care centres; depots; dwellings used in conjunction with a land use which is permissible in the zone; equipment hire centres; high technology industries; industries; light industries; materials recycling depots; mines; motor showrooms; places of assembly; places of public worship; public buildings; recreation areas; recreation facilities; road transport terminals; roads; service stations; temporary buildings; vehicle rental centres; warehouses or distribution centres.

Any other development not included in subclause (2).

Notes.

The consequences of carrying out development in this zone without development consent are the same as for carrying out prohibited development, unless the development is allowed to be carried out without consent by an Act, this plan or another environmental planning instrument.

Clause 10 provides that such a development consent must not be granted unless the Council is of the opinion that the proposed development is consistent with the objectives of this zone.

cl 14: Am 28.7.2000; 4.5.2001.

Zoning controls for Zone No 5—the Special Uses Zone

15 Zoning controls for Zone No 5—the Special Uses Zone

(1) What are the objectives of the zone? The objectives of Zone No 5 are—

(a) to facilitate certain development on land which is, or is proposed to be, used by public authorities, institutions, organisations or the Council to provide community facilities, services, utilities or transport facilities, and

(b) to allow other ancillary development which is incidental to the primary use specified on the map, and

(c) to provide flexibility in the development of sites identified for special uses by allowing development which is permissible on adjoining or adjacent land, and

(d) for land in the zone and within Green Square, in addition to the above—

(i) to reflect and reinforce the need for proper recognition of community land and facilities as part of a robust public domain in the Green Square locality, and

(ii) to recognise that protecting and improving the quality, accessibility and impact of the public domain makes a fundamental contribution to the social, economic, environmental and urban design outcomes for the area, and

(iii) to ensure that development contributes to a sustainable, vibrant community, and reflects equal and integrated consideration of social, economic and environmental design issues.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

The particular land use indicated by red lettering on the map, or land uses which are ancillary or incidental to that land use; development that may be carried out (with or without consent) on adjoining or adjacent land in the same or a different zone; roads; temporary buildings.

(4) What is prohibited? Development not included in subclause (2) or (3).

cl 15: Am 28.5.1999; 28.7.2000.

Zoning controls for Zone No 6 (a)—the Local Recreation Zone

16 Zoning controls for Zone No 6 (a)—the Local Recreation Zone

(1) What are the objectives of the zone? The objectives of Zone No 6 (a) are—

(a) to enable development of land for open space and recreational purposes, and

(b) to enable other ancillary or related development which will encourage the enjoyment of land zoned for local recreation, and

(c) to increase the provision and diversity of public open space and recreational land within the City of South Sydney to meet the needs of local residents, and

(d) to enhance the environmental quality of the City of South Sydney, and

(e) to encourage the use of natural drainage features to increase the availability of useable open space, and

(f) for land in the zone and within Green Square, in addition to the above, to ensure that development contributes to a sustainable, vibrant community, and reflects equal and integrated consideration of social, economic and environmental design issues.

(2) What does not require development consent? Any development identified in a plan of management adopted by the Council under the Local Government Act 1993 and which does not involve the creation of any gross floor area.

Development for the purpose of—

gardening; landscaping; public lighting.

Exempt development referred to in clause 10A.

(3) What requires development consent? Any development identified in a plan of management adopted by the Council under the Local Government Act 1993 and which involves the creation of any gross floor area.

Development for the purpose of—

child care centres; markets; places of assembly; public art; recreation areas; recreation facilities; roads; temporary buildings.

Any other development not included in subclause (2).

Notes.

The consequences of carrying out development in this zone without development consent are the same as for carrying out prohibited development, unless the development is allowed to be carried out without consent by an Act, this plan or another environmental planning instrument.

Clause 10 provides that such a development consent must not be granted unless the Council is of the opinion that the proposed development is consistent with the objectives of this zone.

cl 16: Am 28.5.1999; 28.7.2000; 13.9.2002.

Zoning controls for Zone No 6 (b)—the Regional Recreation Zone

17 Zoning controls for Zone No 6 (b)—the Regional Recreation Zone

(1) What are the objectives of the zone? The objectives of Zone No 6 (b) are—

(a) to define areas used for regional recreation, and major sporting and recreational facilities, which serve the needs of the local population and of the wider Sydney region, and

(b) to provide opportunities for new regional sporting, recreational, and entertainment-related development on appropriate sites, and

(c) to ensure that future development does not unreasonably detract from the amenity enjoyed by nearby residents, or the quality of the surrounding environment, by reason of the impact of things such as noise and light emission, traffic generation, the hours of operation, pedestrian traffic or any other nuisance generated.

(2) What does not require development consent? Development for the purpose of—

gardening; landscaping; public lighting.

Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

child care centres; roads; temporary buildings.

Any other development not included in subclause (2).

Notes.

The consequences of carrying out development in this zone without development consent are the same as for carrying out prohibited development, unless the development is allowed to be carried out without consent by an Act, this plan or another environmental planning instrument.

Clause 10 provides that such a development consent must not be granted unless the Council is of the opinion that the proposed development is consistent with the objectives of this zone.

cll 17–20: Am 28.7.2000.

Zoning controls for Zone No 9 (a)—the Arterial Road Reservation Zone

18 Zoning controls for Zone No 9 (a)—the Arterial Road Reservation Zone

(1) What are the objectives of the zone? The objectives of Zone No 9 (a) are—

(a) to identify land to be acquired for arterial roads or the widening of arterial roads, and

(b) to provide flexibility in the development of sites identified for future arterial roads by allowing development which is permissible in an adjacent zone and consistent with the objectives for that zone.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development which may be carried out (with or without consent) on land in (and is consistent with the objectives of) an adjoining zone.

Development for the purpose of—

commercial signs; non-structural advertisements; under awning signs.

(4) What is prohibited? Development not included in subclause (2) or (3).

cll 17–20: Am 28.7.2000.

Zoning controls for Zone No 9 (b)—the Local Road Reservation Zone

19 Zoning controls for Zone No 9 (b)—the Local Road Reservation Zone

(1) What are the objectives of the zone? The objectives of Zone No 9 (b) are—

(a) to identify land to be acquired for local roads or the widening of local roads, and

(b) to provide flexibility in the development of sites identified for future local roads by allowing development which is permissible in an adjacent zone and consistent with the objectives for that zone.

(2) What does not require development consent? Development for the purpose of—

local roads; local road widening.

Exempt development referred to in clause 10A.

(3) What requires development consent? Development not included in subclause (2) which may be carried out (with or without consent) on land in (and is consistent with the objectives of) an adjoining zone.

(4) What is prohibited? Development not included in subclause (2) or (3).

cll 17–20: Am 28.7.2000.

Zoning controls for Zone No 9 (c)—the Local Recreation Reservation Zone

20 Zoning controls for Zone No 9 (c)—the Local Recreation Reservation Zone

(1) What are the objectives of the zone? The objectives of Zone No 9 (c) are—

(a) to identify land to be acquired for local open space and recreation, and

(b) to provide flexibility in the development of sites identified for future recreation by allowing development which is permissible in an adjacent zone and consistent with the objectives for that zone.

(2) What does not require development consent? Any development identified in a plan of management adopted by the Council under the Local Government Act 1993 and which does not involve the creation of any gross floor area.

Development for the purpose of—

gardening; landscaping.

Exempt development referred to in clause 10A.

(3) What requires development consent? Any development identified in a plan of management adopted by the Council under the Local Government Act 1993 and which involves the creation of any gross floor area.

Development for the purpose of—

child care centres; community centres; recreation areas; roads.

Development not included in subclause (2) which may be carried out (with or without consent) on land in (and is consistent with the objectives of) an adjoining zone.

(4) What is prohibited? Development not included in subclause (2) or (3).

cll 17–20: Am 28.7.2000.

Zoning controls for Zone No 10—the Mixed Uses Zone

21 Zoning controls for Zone No 10—the Mixed Uses Zone

(1) What are the objectives of the zone? The objectives of Zone No 10 are—

(a) to allow, in appropriate circumstances, a mixture of compatible land uses such a residential, retail, commercial, light-industrial and industrial development, and

(b) to promote mixed use planning by locating mutually supportive and compatible uses such as residential uses, places of employment and retail uses in close proximity to each other so as to minimise vehicular travel, and

(c) to permit appropriate forms of residential development within the zone to mutually support the vitality of nearby commercial and urban village centres, and in doing so, assist successful urban consolidation, and

(d) to incorporate contemporary urban design principles in the design of new buildings and the interpretation of their relationship with the public domain, and

(e) to implement the principles of energy efficiency, travel demand management and other sustainable development practices as part of the development assessment process, and

(f) to encourage the integration of suitable employment and resident intensive activities into accessible locations so as to maximise public transport patronage and encourage travel by foot and bicycle from surrounding areas, and

(g) to minimise any adverse impact on residential amenity by devising appropriate design assessment criteria and applying specified impact mitigation requirements by the use of development control plans, and

(h) to ensure that the nuisance generated by non-residential development, such as that related to operating hours, noise, loss of privacy, vehicular and pedestrian traffic or other factors, is controlled so as to preserve the quality of life for residents in the area.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

bed and breakfast accommodation; commercial premises; dwelling houses; high technology industries; industries; light industry; local businesses; local shops; roads; shops; temporary buildings; warehouses or distribution centres.

Any other development not included in subclause (2).

Notes.

The consequences of carrying out development in this zone without development consent are the same as for carrying out prohibited development, unless the development is allowed to be carried out without consent by an Act, this plan or another environmental planning instrument.

Clause 10 provides that such a development consent must not be granted unless the Council is of the opinion that the proposed development is consistent with the objectives of this zone.

cl 21: Am 19.11.1999; 28.7.2000; 4.5.2001.

21A

Zoning controls for Zone No 10 (a)—the Mixed Uses “A” Zone

21A Zoning controls for Zone No 10 (a)—the Mixed Uses “A” Zone

(1) What are the objectives of the zone? The objectives of Zone No 10 (a) are—

(a) to protect and enhance the historical character and amenity of the existing residential neighbourhoods within Green Square, and

(b) to identify those localities which are primarily residential and where in future primarily residential infill development is to occur, and

(c) to ensure that building form, including alterations and additions, is in character with the surrounding built environment and does not detract from the amenity and environmental quality enjoyed by nearby residents, and

(d) to allow up to 15% non-residential use of the total floorspace proposed for each development site, and

(e) to offer limited opportunities for non-residential development, which provides goods, services or employment for residents and is of a type and scale that is compatible with existing or planned residential development and does not detract from the amenity and environmental quality enjoyed by nearby residents, and

(f) to minimise any adverse impact, including social impact, on residential amenity by devising appropriate design assessment criteria and applying specific impact mitigation requirements by the use of development control plans, and

(g) to ensure that development contributes to a sustainable, vibrant community, and reflects equal and integrated consideration of social, economic and environmental design issues, and

(h) to enhance and enliven Green Square through the implementation of public art where appropriate.

(2) What does not require consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

bed and breakfasts, boarding houses, child care centres, community centres, dwelling houses, educational establishments, home industries, hospitals, local businesses, local shops, multiple dwellings, places of public worship, professional consulting rooms, public art, public buildings, restaurants, roads.

(4) What is prohibited? Development not included in subclause (2) or (3).

cll 21A–21D: Ins 28.5.1999. Am 19.11.1999; 13.9.2002.

21B

Zoning controls for Zone No 10 (b)—the Mixed Uses “B” Zone

21B Zoning controls for Zone No 10 (b)—the Mixed Uses “B” Zone

(1) What are the objectives of the zone? The objectives of Zone No 10 (b) are—

(a) to provide urban housing and a range of compatible vibrant non-residential uses, such as shops, offices, retail and studio-type workshops, and

(b) to promote mixed use planning by encouraging the location of facilities such as housing, places of employment and shops in close proximity to each other and so as to be accessible by public transport, and

(c) to allow up to 25% non-residential use of the total floorspace proposed for each development site, and

(d) to ensure non-residential uses are environmentally compatible with residential uses, and do not adversely affect residential amenity, within the zone, and

(e) to minimise any adverse impact, including social impact, on residential amenity by devising appropriate design assessment criteria and applying specific impact mitigation requirements by the use of development control plans, and

(f) to ensure that the nuisance generated by non-residential development, such as is caused by operating hours, noise, loss of privacy, vehicular and pedestrian traffic or other factors, is controlled, so as to preserve the quality of life for residents in the area, and

(g) to ensure that development contributes to a sustainable, vibrant community, and reflects equal and integrated consideration of social, economic and environmental design issues, and

(h) to enhance and enliven Green Square through the implementation of public art where appropriate.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

backpackers’ hostels, bed and breakfasts, boarding houses, commercial premises, community centres, dwelling houses, educational establishments, high technology industries, home industries, hospitals, hotels, light industries, local businesses, multiple dwellings, places of assembly, places of public worship, private hotels, professional consulting rooms, public art, public buildings, roads, recreation areas, recreation facilities, restaurants, serviced apartments, shop.

Any other development not included in subclause (2).

cll 21A–21D: Ins 28.5.1999. Am 19.11.1999; 13.9.2002.

21C

Zoning controls for Zone No 10 (c)—the Mixed Uses “C” Zone

21C Zoning controls for Zone No 10 (c)—the Mixed Uses “C” Zone

(1) What are the objectives of the zone? The objectives of Zone No 10 (c) are—

(a) to promote mixed use development in the Green Square Centre by encouraging urban housing in conjunction with appropriate business activities which contribute to economic growth and employment opportunities, and

(b) to require the provision of a minimum of 25% non-residential use of the total floorspace proposed for each development site, and

(c) to promote the vitality of the public domain by encouraging the location of active retail and entertainment uses at ground level, particularly in areas fronting the Green Square Railway Station, and

(d) to ensure through the design of a high quality public domain that a high level of amenity is provided for pedestrians, shoppers and workers within the zone, and

(e) to minimise any adverse impact, including social impact, on residential amenity by devising appropriate design assessment criteria and applying specific impact mitigation requirements by the use of development control plans, and

(f) to ensure that the nuisance generated by non-residential development, such as is caused by operating hours, noise, loss of privacy, vehicular and pedestrian traffic or other factors, is controlled so as to preserve the quality of life for residents in the area, and

(g) to ensure that development contributes to a sustainable, vibrant community, and reflects equal and integrated consideration of social, economic and environmental design issues, and

(h) to enhance and enliven Green Square through the implementation of public art where appropriate.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

advertising structures, backpackers’ hostels, bed and breakfasts, boarding houses, clubs, child care centres, commercial premises, community centres, dwellings attached to, or within, a building used or intended to be used for a land use which is permissible within the zone, educational establishments, high technology industries, home industries, hotels, light industries, local businesses, medical centres, multiple dwellings, places of assembly, places of public worship, private hotels, public art, public buildings, recreation areas, recreation facilities, restaurants, roads, serviced apartments, shops.

Any other development not included in subclause (2).

cll 21A–21D: Ins 28.5.1999. Am 19.11.1999; 13.9.2002.

21D

Zoning controls for Zone No 10 (d)—the Mixed Uses “D” Zone

21D Zoning controls for Zone No 10 (d)—the Mixed Uses “D” Zone

(1) What are the objectives of the zone? The objectives of Zone No 10 (d) are—

(a) to establish a predominantly employment based zone while allowing not more than 15% residential use of the total floorspace proposed for each development site, but only if it supports those employment uses, and

(b) to encourage appropriate business activities which contribute to economic growth and employment opportunities within the Green Square area, and

(c) to promote the vitality of the public domain by encouraging the location of active retail and entertainment uses at ground and first floor levels, particularly in areas fronting the Green Square Railway Station, and

(d) to ensure through the design of a high quality public domain that a high level of amenity is provided for pedestrians, shoppers and workers within the zone, and

(e) to minimise any adverse impact, including social impact, on residential amenity by devising appropriate design assessment criteria and applying specific impact mitigation requirements by the use of development control plans, and

(f) to ensure that existing and future development on land zoned industrial under this plan is preserved and promoted so as to protect the existing employment within South Sydney, and

(g) to ensure that development within the zone contributes to a sustainable, vibrant community, and reflects equal and integrated consideration of social, economic and environmental design issues, and

(h) to enhance and enliven Green Square through the implementation of public art where appropriate.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Development for the purpose of—

advertising structures, amusement centres, backpackers’ hostels, bed and breakfasts, car repair stations, child care centres, clubs, commercial premises, community centres, dwellings used in conjunction with and attached to a building used or intended to be used for a land use which is permissible within the zone, educational establishments, high technology industries, home industries, hospitals, hotels, light industries, local businesses, medical centres, motels, motor showrooms, multiple dwellings used in conjunction with and attached to, or within a building used or intended to be used for, a land use which is permissible within the zone, passenger transport terminals, places of assembly, places of public worship, private hotels, public art, public buildings, recreation areas, recreation facilities, restaurants, roads, service stations, shops, warehouses or distribution centres.

(4) What is prohibited? Development not included in subclause (2) or (3).

cll 21A–21D: Ins 28.5.1999. Am 19.11.1999; 13.9.2002.

21E

Zoning controls for Zone No 10 (e)—the Mixed Uses “E” Zone

21E Zoning controls for Zone No 10 (e)—the Mixed Uses “E” Zone

(1) What are the objectives of the zone? The objectives of Zone No 10 (e) are—

(a) to establish a predominantly employment-based zone while allowing residential use on appropriate development sites, and

(b) to allow for appropriate business activities which contribute to economic growth and employment opportunities within the Green Square area, provided they are environmentally compatible in terms of design and operational requirements with residential development, and

(c) to allow residential development within the zone, provided it is designed so as to be compatible with other non-residential uses and will not adversely affect the operations of existing lawfully operating industrial uses, and

(d) to minimise any adverse impact, including social impact, on residential amenity by devising appropriate design assessment criteria and applying specific impact mitigation requirements by the use of development control plans, and

(e) to ensure that development within the zone contributes to a highly sustainable, vibrant community, and reflects equal and integrated consideration of social, economic and environmental design issues.

(2) What does not require development consent? Development for the purpose of—

home businesses.

(3) What requires development consent? Development for the purpose of—

advertising structures; amusement centres; backpackers’ hostels; bed and breakfasts; child care centres; clubs; commercial premises; commercial signs; community centres; dwelling houses; educational establishments; high technology industries; home industries; hospitals; hotels; light industries; local businesses; medical centres; multiple dwellings; non-structural advertisements; places of assembly; places of public worship; private hotels; public buildings; recreation areas; recreation facilities; restaurants; roads; serviced apartments; shops; under awning signs.

Any other development not included in subclause (2).

cl 21E: Ins 7.9.2001.

21F

Zoning controls for Zone No 11 (a)—the Green Square Town Centre Zone

21F Zoning controls for Zone No 11 (a)—the Green Square Town Centre Zone

(1) What are the objectives of the zone? The objectives of Zone No 11 (a) are—

(a) to establish the Green Square Town Centre as the major commercial, retailing, cultural and entertainment centre for Green Square, and

(b) to allow for a mix of land uses that will—

(i) ensure that there is an appropriate balance between residential, retail, commercial and other land uses within the Green Square Town Centre, and

(ii) encourage the provision of a range of services and facilities to help meet the needs of the population and users of the Green Square Town Centre, and

(iii) generate employment in the Green Square Town Centre, and

(c) to facilitate the development of buildings and works that are of a scale, character and design quality consistent with the other objectives of the zone, and

(d) to encourage development that is compatible with the surrounding heritage conservation areas and heritage items, and

(e) to ensure that the public domain of the Green Square Town Centre is fronted by high-quality buildings having a scale and alignment that both define, and contribute positively to the amenity of, the public spaces (including parks, plazas and streets) they adjoin, and

(f) to protect the amenity of parks and community places by protecting access to sunlight, providing shelter from the rain and minimising wind speeds, and

(g) to provide active frontages to streets and other identified public spaces (including parks and plazas), and

(h) to promote the vitality of the public domain by encouraging the location of active retail, food and beverage and entertainment uses, and of community and cultural facilities, at ground level (particularly at the edges of public plazas), and

(i) to accommodate and integrate the management of stormwater (including floodwater) into the function and design of buildings in the Green Square Town Centre.

Zone No 11 (a) is intended to accommodate a vibrant residential, commercial, retail and cultural heart of Green Square. The scale and character of the Green Square Town Centre is supported by Zone No 11 (b), which promotes high-level public amenity through a circulation grid for vehicles and pedestrians, and a network of open spaces for active and passive recreation.

(2) What does not require development consent? Exempt development referred to in clause 10A.

(3) What requires development consent? Commercial development, residential development and retail development (each within the meaning of Division 2A of Part 4).

(4) What is prohibited? Development not included in subclause (2) or (3).

cl 21F: Ins 2006 (806), Sch 1 [2].

21G

Zoning controls for Zone No 11 (b)—the Green Square Town Centre Public Domain Zone

21G Zoning controls for Zone No 11 (b)—the Green Square Town Centre Public Domain Zone

(1) What are the objectives of the zone? The objectives of Zone No 11 (b) are—

(a) to provide for a well-balanced structural layout of public spaces and built areas within the Green Square Town Centre, and

(b) to establish a significant new people-oriented public town square, interconnected streets and other vibrant public plazas and public spaces that are designed to be safe, functional and visually interesting places to use, and that will provide appropriate settings for a range of people and varied social activities, and

(c) to promote the vitality of the public domain by encouraging public cultural expression, and

(d) to allow for equitable access to, within and across the Green Square Town Centre for pedestrians, cyclists, public transport and other vehicles, and

(e) to accommodate and integrate the management of stormwater (including floodwater) into the functional design of the public domain, and

(f) to allow for the construction of buildings within the public domain where impacts on the amenity of the public domain spaces, and on adjoining buildings (both existing and future), can be demonstrated to be satisfactory, and

(g) to allow for the construction of a below-ground communal car park and retail facilities in a certain part of the public domain.

The spatial proportions and location of Zone No 11 (b) are intended to provide an appropriate level of public amenity to support the intensity of development and mix of uses in Zone No 11 (a).

(2) What does not require development consent? Any development that is identified in a plan of management adopted by the Council under the Local Government Act 1993 and that does not involve the creation of any gross floor area.

Development for the purpose of—

gardening; landscaping.

Exempt development referred to in clause 10A.

(3) What requires development consent? Any development that is identified in a plan of management adopted by the Council under the Local Government Act 1993 and that involves the creation of gross floor area.

Development for the purpose of—

advertising structures ancillary to another use permitted by subclause (2) or this subclause; child care centres; communal car park; community centres; recreation areas; recreation facilities; retail facilities; roads (other than those permitted by subclause (2) or clause 55).

(4) What is prohibited? Development not included in subclause (2) or (3).

cl 21G: Ins 2006 (806), Sch 1 [2]. Am 2009 (226), Sch 1 [1]–[3].

Part 4

Special provisions

Part 4 Special provisions

Division 1

22–27 (Repealed)

pt 4, div 1, hdg: Ins 28.5.1999. Rep 2012 (628), Sch 6.2 [3].

cl 22: Subst 28.7.2000. Rep 2012 (628), Sch 6.2 [3].

cl 23: Subst 28.7.2000. Am 2008 (571), Sch 3.164 [1]. Rep 2012 (628), Sch 6.2 [3].

cll 23A: Ins 28.7.2000. Rep 2012 (628), Sch 6.2 [3].

cll 23B: Ins 28.7.2000. Rep 2012 (628), Sch 6.2 [3].

cl 24: Subst 28.7.2000. Rep 2012 (628), Sch 6.2 [3].

cl 25: Subst 28.7.2000. Am 2008 (571), Sch 3.164 [2]. Rep 2012 (628), Sch 6.2 [3].

cl 26: Subst 28.7.2000. Rep 2012 (628), Sch 6.2 [3].

cl 27: Subst 28.7.2000. Am 2008 (571), Sch 3.164 [3] [4]. Rep 2012 (628), Sch 6.2 [3].

Division 2

Development at Green Square

Division 2 Development at Green Square

pt 4, div 2: Ins 28.5.1999.

27A

Vision for Green Square

27A Vision for Green Square

(1) The vision for Green Square is to transform Green Square into an attractive, vibrant and sustainable urban place by capitalising on the opportunities created by—

(a) the area’s strategic location between Sydney’s most significant economic gateways: the Central Business District, Kingsford Smith Airport and Port Botany, and

(b) the construction of the New Southern Railway and Green Square Railway Station.

(2) Four key concepts sustain this vision—

(a) Diversity

This applies to the development of a mix of land uses, a range of building types, diverse public spaces, and employment and housing choices, which will support a socially diverse community, underpinning a vibrant city that offers complex experiences and social contact.

(b) Connectivity

This applies to an accessible network of public spaces and public streets, which integrate existing and future landscapes and buildings.

(c) Interdependency

This applies to the need for compatibility between land uses, to the high quality urban design response of buildings to public spaces, the interdependency of the social and physical environment, and the relationship of the Green Square area to the City South Region.

(d) Long-term growth

This applies to the development of an urban strategy that can accommodate and support renewal and growth of Green Square into a compact sustainable urban area over a long period of time.

cll 27A: Ins 28.5.1999.

27B

Planning principles for Green Square

27B Planning principles for Green Square

The planning principles for Green Square are set out in Schedule 4. Those principles are underpinned by the key concepts of diversity, connectivity, interdependency and long-term growth.

The Council must take those principles into consideration before granting consent to any development within Green Square.

cll 27B: Ins 28.5.1999.

27C

Determination of development applications

27C Determination of development applications

(1) The Council must not grant consent for development of any land within Green Square unless—

(a) there is a masterplan adopted by the Council for the development site comprising that land or within which that land is situated, and

(b) the development is consistent with the masterplan.

(2) The Council may waive the requirement for a masterplan because of the minor nature of the development concerned, the adequacy of other planning controls that apply to the proposed development, or for such other reasons as the Council considers sufficient.

(3) If—

(a) the Council has waived the requirement for the masterplan under subclause (2), or

(b) a draft masterplan for the development site has been submitted to the Council for adoption, and that draft masterplan—

(i) has not been adopted by the Council before or within 60 days after the date on which the development application was lodged, or

(ii) has been rejected by the Council,

then subclause (1) does not apply, but when the Council assesses the development application it must have regard to the criteria in clause 27D (4) (a)–(m).

cl 27C: Ins 28.5.1999. Am 13.9.2002.

27D

Preparation of masterplans

27D Preparation of masterplans

(1) A draft masterplan may only be prepared by or on behalf of the owner or lessee of the land concerned.

(2) The South Sydney Development Corporation may prepare a draft masterplan on behalf of the owners for the area shown in heavy red edging on the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 2)—Green Square—Zoning” and the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 7)—Green Square—Zoning”.

(3) A draft masterplan should be prepared following consultation with the Council and any relevant public authorities or corporations.

(4) A masterplan is to outline long-term proposals for the development of the land to which it applies, and illustrate and explain, where appropriate, the following—

(a) how those proposals address the vision for Green Square set out in clause 27A, the planning principles set out in Schedule 4, and any development control plan adopted for Green Square by the Council,

(b) design principles drawn from analysis of the site and its context,

(c) phasing of the development,

(d) distribution of land uses, including open space,

(e) pedestrian, cycle and vehicle access and circulation networks,

(f) parking provision,

(g) subdivision pattern,

(h) infrastructure provision,

(i) building envelope and built form controls,

(j) heritage conservation,

(k) site remediation,

(l) open space provision, its function and landscaping,

(m) opportunities for the provision of public art.

cl 27D: Ins 28.5.1999. Am 7.9.2001; 13.9.2002.

27E

Consultation

27E Consultation

(1) Immediately after receiving a draft masterplan, the Council must advertise it in a newspaper circulating in the locality and exhibit it at the Council’s offices for not less than 21 days for public comment.

(2) The Council must take into account any written submissions made about the content of the draft plan during the exhibition period.

cll 27E–27K: Ins 28.5.1999.

27F

Adoption of masterplans

27F Adoption of masterplans

(1) Following the exhibition of the draft masterplan, the Council may adopt it without variation, or adopt it with such variation made in response to submissions arising out of its exhibition as the Council considers appropriate, or reject it.

(2) When a masterplan is adopted, the Council must advertise the adoption in a newspaper circulating in the locality.

(3) A copy of the masterplan must be available for inspection at the Council’s offices.

cll 27E–27K: Ins 28.5.1999.

27G

Amendment of masterplans

27G Amendment of masterplans

(1) A masterplan may be amended.

(2) The Council may request the preparation of a draft amendment for the purpose of keeping a masterplan up-to-date.

(3) This Division applies to the amendment of a masterplan in the same way as it applies to the preparation of a masterplan.

(4) A masterplan may be amended or replaced by a subsequent masterplan.

cll 27E–27K: Ins 28.5.1999.

27H

Masterplans may not implement certain planning standards

27H Masterplans may not implement certain planning standards

(1) The Council may adopt a masterplan or an amendment of a masterplan even if the masterplan proposes development in accordance with planning standards that differ from those contained in a development control plan.

(2) Before adopting such a masterplan or amendment, the Council must be satisfied that—

(a) a better development solution will result, and

(b) the land use mix proposed is consistent with the relevant zone objectives (including the desired mix of uses for the relevant zone), and

(c) the total floor space of all buildings within a development will not increase above that allowed by the development control plan as a result of the masterplan, and

(d) the total land available for public recreation areas within the site will not be reduced below that required by a previous masterplan or amendment.

cll 27E–27K: Ins 28.5.1999.

27I

Application of zone objectives to masterplans

27I Application of zone objectives to masterplans

For the purposes of applying the requirements made by zone objectives and clause 27J to land to which a masterplan applies, and in particular for the purposes of assessment of the percentage of the non-residential component of a site, the Council needs only to be satisfied that the overall percentage of non-residential use will be achieved over the whole of the land to which a masterplan applies, irrespective of its distribution in relation to individual allotments comprising the masterplan site.

cll 27E–27K: Ins 28.5.1999.

27J

Non-residential development on development sites in Zones Nos 10 (b) and 10 (c)

27J Non-residential development on development sites in Zones Nos 10 (b) and 10 (c)

(1) Subject at all times to clause 27I, the Council must not grant consent to any development on land within Zone No 10 (b) until it is satisfied that no more than 25% of the total floor space proposed for a development site will be available for non-residential development.

(2) Subject at all times to clause 27I, the Council must not grant consent to any development on land within Zone No 10 (c) until it is satisfied that at least 25% of the total floor space proposed for a development site will be available for non-residential development.

cll 27E–27K: Ins 28.5.1999.

27K

Amusement centres in Green Square

27K Amusement centres in Green Square

Despite any other provision of this plan, in order to protect the amenity of the Green Square locality, consent may be granted for development for the purpose of amusement centres on land within Green Square only if the centres are ancillary to another use allowed in the zone applying to the land.

cll 27E–27K: Ins 28.5.1999.

Division 2A

Green Square Town Centre

Division 2A Green Square Town Centre

pt 4, div 2A: Ins 2006 (806), Sch 1 [3].

27KA

Land to which Division applies

27KA Land to which Division applies

This Division applies to such of the land to which this plan applies as is within the Green Square Town Centre.

Note.

Land shown as deferred matter on the map is not presently land to which this plan applies.

cl 27KA: Ins 2006 (806), Sch 1 [3]. Am 2012 (264), Sch 1 [1].

27KB

27KB (Repealed)

27KC

Definitions

27KC Definitions

In this Division—

commercial development means development for any of the following purposes—

advertising structures; amusement centres; backpackers’ hostels; car parking stations; child care centres; clubs; commercial premises; commercial signs; community centres; educational establishments; high technology industries; hospitals; hotels; medical centres; motels; motor showrooms; places of assembly; places of public worship; private hotels; public buildings; recreation areas; recreation facilities; restaurants; restricted premises.

communal car park means a car park which includes unreserved spaces for the use of the general public or other users of, and visitors to, the Green Square Town Centre and may also include dedicated car parking spaces for a particular land use or development site.

communal car parking space means a designated car parking space which is not allocated by title or arrangement to any single use or owner and is available for use by the general public, shared vehicles or other users of, or visitors to, the Green Square Town Centre.

residential development means development for any of the following purposes—

bed and breakfasts; boarding houses; child care centres; community centres; dwelling houses; educational establishments; home industries; local businesses; local shops; multiple dwellings; professional consulting rooms; serviced apartments.

retail development means development for any of the following purposes—

advertising structures; amusement centres; child care centres; clubs; commercial signs; hotels; markets; restaurants; shops.

shared vehicles means vehicles which are provided for shared or communal use and includes recognised car share scheme vehicles and taxis.

cl 27KC: Ins 2006 (806), Sch 1 [3]. Am 2009 (226), Sch 1 [4].

27KD

Development on sites within the Green Square Town Centre that have frontage to Botany Road or Bourke Street

27KD Development on sites within the Green Square Town Centre that have frontage to Botany Road or Bourke Street

(1) The Council may grant consent to development for the purpose of visitor and tourist accommodation, including hotels or motels, on land having frontage to Botany Road or Bourke Street, or both, if it is satisfied that the amenity of residential uses permitted on the development site or on any adjoining development site will not be detrimentally affected by the development.

(2) Any visitor or tourist accommodation referred to in subclause (1) is taken to be residential development for the purposes of clause 27KF.

cl 27KD: Ins 2006 (806), Sch 1 [3].

27KE

Architectural design standards

27KE Architectural design standards

The Council must not grant consent to development on land within the Green Square Town Centre unless it is satisfied that—

(a) a high standard in terms of architectural design, materials and detailing will be achieved, and

(b) the form and external appearance of the buildings associated with the development will contribute in a positive manner to the quality, amenity and character of the public domain, consistent with the objectives of the zone in which it is carried out.

cl 27KE: Ins 2006 (806), Sch 1 [3].

27KF

Gross floor area and land use mix

27KF Gross floor area and land use mix

(1) Subject to subclause (2), the Council must not grant consent to the carrying out of non-conforming development on any development site.

(2) The Council may grant consent to the carrying out of non-conforming development on any development site if it is satisfied that—

(a) the total gross floor area of all development on that site will not differ by more than 10% from the total gross floor area specified for that site in Part 2 of Schedule 5, and

(b) the proportion of the gross floor area of the development in respect of each purpose specified in Part 2 of Schedule 5 (commercial, residential or retail)—

(i) if the proportion so specified in relation to that purpose is other than “nil”, will not differ by more than 10% from the proportion so specified (where, for example, 18% and 22% each differ by 10% from 20%), and

(ii) if the proportion so specified in relation to that purpose is “nil”, will not exceed 5% of the gross floor area of the development, and

(c) the design of the development is derived from, and supported by, a rigorous analysis of the development site, and

(d) the development will result in a built form that contributes positively to the amenity of the public domain, and will not have a significant adverse effect on the use of any adjoining land, and

(e) the development will achieve the objectives of the zone in which it is carried out in a manner that equals, or betters, that which would result from the carrying out of conforming development on that site.

(3) For the purposes of this clause—

conforming development, in relation to a development site, means development that results in a total gross floor area, and a mix of commercial, residential and retail development, equal to the total gross floor area and total mix of development specified for that site in Part 2 of Schedule 5.

development site means a site identified on the map shown in Part 1 of Schedule 5.

non-conforming development, in relation to a development site, means development that is not conforming development in relation to that site.

cl 27KF: Ins 2006 (806), Sch 1 [3].

27KG

Maximum height

27KG Maximum height

(1) The Council must not grant consent to the erection on any land within the Green Square Town Centre of any building whose height exceeds the maximum height for development on that land, expressed as reduced level (RL), as shown on the Green Square Town Centre Height Map.

(2) Despite the development standard established by subclause (1), consent may be granted to the erection on any such land of a building whose height exceeds the relevant maximum height if the Council is satisfied that—

(a) the granting of such consent—

(i) will not create an undesirable precedent for other development, and

(ii) will not diminish the overall effect of the development standard for development in the vicinity of that land, and

(b) the particular physical attributes of the land (in terms of location, context, slope, site configuration and the like) will render the strict application of the development standard unreasonable or unnecessary in the circumstances, and

(c) the proposed building will improve or contribute positively to the public domain and will achieve design excellence, and

(d) the relevant maximum height will not be exceeded by more than 10%.

(3) In this clause—

Green Square Town Centre Height Map means the map marked “South Sydney Local Environmental Plan 1998—Green Square Town Centre—Maximum Height”.

height, in relation to a building, means the height of the highest point of the building (excluding plant and lift overruns, communication devices and the like).

cl 27KG: Ins 2006 (806), Sch 1 [3].

27KH

Floodwater management

27KH Floodwater management

(1) The Council must not consent to development on land within the Green Square Town Centre unless it is satisfied that the development—

(a) will not adversely affect flood behaviour, including—

(i) the flood peak at any point upstream or downstream of the proposed development, and

(ii) the flow of floodwater on adjoining lands, and

(b) will not significantly increase any flood hazard or the likelihood of flood damage to any property, and

(c) will not restrict the capacity of any floodway, and

(d) will not increase the risk to the lives or personal safety of members of the public or emergency services and rescue personnel, and

(e) incorporates any freeboard levels and other flood proofing measures adopted by the Council in any relevant floodplain risk management policy.

(2) Without limiting subclause (1), the Council must not consent to development on land situated on the southern corner of Botany Road and O’Riordan Street, as shown hatched on the map, unless it is satisfied that—

(a) the development is consistent with any relevant floodplain risk management policies and local flood plans that have been adopted by the Council, and

(b) on completion of the development, the land will achieve a low hazard categorisation for a 1% AEP (Annual Exceedance Probability) flood event (as defined in the Flood Risk Management Manual), having regard to the design of the development, including flood proofing and flood modification measures, and

(c) the development does not create or materially contribute to a significant risk to the safety of persons in a probable maximum flood (as defined in the Flood Risk Management Manual).

(3) This clause does not limit the operation of clause 38.

(4) In this clause—

Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

floodplain risk management policy means a floodplain risk management plan or policy that has been prepared in accordance with the Flood Risk Management Manual.

local flood plan includes any plan that sets out evacuation measures in the event of flooding.

cl 27KH: Ins 2006 (806), Sch 1 [3]. Am 2023 (609), Sch 2.15[1] [2].

27KI

Suspension of certain covenants, agreements and instruments

27KI Suspension of certain covenants, agreements and instruments

(1) For the purpose of enabling development to be carried out in accordance with this Division or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions as to—

(a) the erection or use of buildings for certain purposes on land within the Green Square Town Centre, or

(b) the use of land within the Green Square Town Centre for certain purposes,

to the extent necessary to serve that purpose, does not apply to any such development.

(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3) Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclause (1).

cl 27KI: Ins 2006 (806), Sch 1 [3].

27KJ

Area for below-ground communal car parking and retail development in Zone No 11 (b)

27KJ Area for below-ground communal car parking and retail development in Zone No 11 (b)

The Council must not grant consent to development for the purpose of a communal car park or retail facilities on land within Zone No 11 (b) unless it is satisfied that the development will be—

(a) located on land shown edged by a red dotted line on the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 19)—Green Square Town Centre—Zoning”, and

(b) located below existing ground level.

cll 27KJ–27KL: Ins 2009 (226), Sch 1 [5].

27KK

Communal car park in Zone No 11 (b)

27KK Communal car park in Zone No 11 (b)

(1) The objectives of this clause are—

(a) to provide for a shared, publicly accessible car park which maximises the utility of spaces amongst users and uses, and

(b) to ensure that the design and operation of the car park—

(i) enhances safety and security, and

(ii) encourages and incorporates provisions for other forms of transport including motorbikes, bicycles, shared vehicles and community buses.

(2) The Council must not grant consent to development for the purpose of a communal car park within Zone No 11 (b) unless it is satisfied that—

(a) appropriate arrangements have been made to ensure co-ordinated, ongoing management and communal use of the car park, and

(b) appropriate facilities, including change and storage facilities, are provided for motorbike and bicycle users, and

(c) appropriate arrangements for shared vehicles, community buses and the like are provided, and are to be clearly and prominently identified, and

(d) appropriate arrangements have been made to reduce the number of private parking spaces available if the number of communal car parking spaces is insufficient to meet demand, and to designate those spaces as communal car parking spaces.

cll 27KJ–27KL: Ins 2009 (226), Sch 1 [5].

27KL

Gross floor area for below-ground facilities in Zone No 11 (b)

27KL Gross floor area for below-ground facilities in Zone No 11 (b)

The area of the following car parking spaces in a communal car park is to be included as part of the gross floor area of all development on a development site under clause 27KF—

(a) car parking spaces that are allocated, by arrangement, to a particular development site (within the meaning of clause 27KF), and

(b) exceed, when added to the number of car parking spaces located on the development site, the number of car parking spaces permitted for that development site by a development control plan or policy of the Council.

cll 27KJ–27KL: Ins 2009 (226), Sch 1 [5].

Division 3

Affordable housing at Green Square

Division 3 Affordable housing at Green Square

pt 4, div 3: Ins 28.5.1999. Subst 31.5.2002. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1].

27L

Affordable housing aims and objectives

27L Affordable housing aims and objectives

Because land values in Green Square may reasonably be expected to increase when land in the area is developed in accordance with this plan, development in Green Square should provide different kinds of housing, including affordable housing, to ensure that very low income households, low income households and moderate income households may live in the area.

Development in Green Square should promote and retain a socially diverse residential population representative of all income groups.

cl 27L: Ins 28.5.1999. Subst 31.5.2002. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1].

27M

Definitions

27M Definitions

In this Division—

affordable housing has the same meaning as in the Act.

affordable housing provisions means the provisions of the Green Square Affordable Housing Development Control Plan, as in force from time to time, setting out a scheme for the provision and management of affordable housing in the Green Square area in accordance with affordable housing principles. Copies of the development control plan are available from the Council’s administrative offices.

total floor area means the total of the areas of each floor of a building. The area of each such floor is taken to be the area within the outer face of the external enclosing walls, but excluding—

(a) columns, fins, sun control devices, awnings and other elements, projections or works outside the general lines of the outer face of the external walls (other than balconies comprising the minimum balcony area required by the Council, and excluding any additional area), and

(b) the maximum ancillary car parking permitted by the Council and any associated internal vehicular and pedestrian access to that car parking, and

(c) space for the loading and unloading of goods.

very low income households, low income households and moderate income households have the same meanings as in State Environmental Planning Policy (Housing) 2021, section 13.

cl 27M: Ins 28.5.1999. Subst 31.5.2002. Am 2009 (364), Sch 3.2 [1]. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1]. Am 2022 (72), Sch 1.51[2].

27N

Green Square affordable housing principles

27N Green Square affordable housing principles

The Green Square affordable housing principles are as follows—

(a) affordable housing should be provided and managed in the Green Square locality so that a socially diverse residential population representative of all income groups is created and maintained,

(b) affordable housing that is provided is to be made available to a mix of very low income households, low income households and moderate income households,

(c) affordable housing that is provided is to be rented to eligible households at an appropriate rate of gross household income,

(d) dwellings provided for affordable housing are to be managed so as to maintain their continued use for affordable housing,

(e) affordable housing is to consist of dwellings constructed to a standard which in the opinion of the Council is consistent with other dwellings in the Green Square locality.

cl 27N: Ins 28.5.1999. Subst 31.5.2002. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1].

27O

Matters for consideration by consent authority

27O Matters for consideration by consent authority

(1) Before granting consent to any proposed development of land within Green Square in Zone No 10 (a), 10 (b), 10 (c), 10 (d), 10 (e), 11 (a) or 11 (b), the consent authority is to take into consideration the following—

(a) the aims and objectives of this Division,

(b) the Green Square affordable housing principles,

(c) the matters set out in State Environmental Planning Policy (Housing) 2021, section 15,

(d) the need for development to provide different kinds of housing, including affordable housing, to ensure that very low income households, low income households and moderate income households may be able to afford to live in Green Square,

(e) the impact of the proposed development on the existing mix and likely future mix of residential housing stock within Green Square.

(2) Subclause (1) does not apply to land shown as being within Zone No 10 (d) on the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 11)—Green Square—Zoning”.

cl 27O: Ins 28.5.1999. Subst 31.5.2002. Am 13.9.2002; 2006 (806), Sch 1 [4]. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1]. Am 2022 (72), Sch 1.51[3].

27P

Affordable housing conditions

27P Affordable housing conditions

(1) Before granting consent to the carrying out of development (other than subdivision) on land in Green Square within Zone No 10 (a), 10 (b), 10 (c), 10 (d), 10 (e), 11 (a) or 11 (b), the consent authority must consider whether an affordable housing condition should be imposed on the consent.

(2) The following are affordable housing conditions—

(a) A condition requiring the payment of a monetary contribution to the consent authority by the applicant to be used for the purpose of providing affordable housing in accordance with the Green Square affordable housing principles and the affordable housing provisions that is the value, calculated in accordance with those provisions, of the following total amount—

(i) 3% of so much (if any) of the total floor area to which the development application relates as is intended to be used exclusively for residential purposes, and

(ii) 1% of so much (if any) of the total floor area to which the development application relates as is not intended to be used exclusively for residential purposes.

(b) If that total amount is sufficient, a condition requiring—

(i) the dedication in favour of the consent authority, free of cost, of land of the applicant comprised of one or more complete dwellings with a total floor area of not more than that total amount, each dwelling having a total floor area of not less than 50 square metres, and

(ii) if the amount of total floor area of the complete dwelling or dwellings is less than that total amount, the payment of a monetary contribution to the consent authority by the applicant that is the value, calculated in accordance with the affordable housing provisions, of the total floor area equivalent to the difference between those amounts,

to be used for the purpose of providing affordable housing in accordance with the Green Square affordable housing principles and the affordable housing provisions.

(3) To remove any doubt—

(a) it does not matter whether the total floor area concerned was in existence before, or is created after, the commencement of this Division, or whether the area concerned replaces a previously existing area, and

(b) demolition of a building or a change in the use of land does not give rise to a claim for a refund of any amount that has been contributed under this clause for use for affordable housing.

(4) This clause authorises the imposition of an affordable housing condition when the consent authority grants consent to the carrying out of development (other than subdivision) on land in Green Square within Zone No 10 (a), 10 (b), 10 (c), 10 (d), 10 (e), 11 (a) or 11 (b), subject to section 94F (3) (c) and (4) of the Act and clauses 27Q and 27R.

(5) However, a consent authority is not authorised to impose an affordable housing condition unless at least one of the circumstances described in section 94F (1) (a)–(d) of the Act exists.

(6) This clause and any condition imposed under it are subject to section 94G of the Act.

cl 27P: Ins 28.5.1999. Subst 31.5.2002. Am 2006 (806), Sch 1 [4]. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1].

27Q

Development exempted from affordable housing conditions

27Q Development exempted from affordable housing conditions

This Division does not authorise an affordable housing condition to be imposed in the case of a development application seeking consent for development—

(a) for residential purposes, if the proposed development will result in the creation of less than 200 square metres of total floor area, or

(b) for non-residential purposes, if the proposed development will result in the creation of less than 60 square metres of total floor area, or

(c) for the purpose of public housing, or

(d) for the purpose of affordable housing, if the applicant for consent is a community housing or non-profit organisation, or

(e) for the purpose of community facilities, or

(f) for the purpose of a public road, or a public utility undertaking or facility,

and for no other purpose.

cll 27Q: Ins 28.5.1999. Subst 31.5.2002. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1].

27R

Affordable housing conditions after initial development

27R Affordable housing conditions after initial development

An affordable housing condition is not authorised to be imposed with respect to an amount of total floor area if the consent authority is satisfied that a condition of consent has previously been imposed pursuant to this Division with respect to the same or an equivalent amount of total floor area.

cll 27R: Ins 28.5.1999. Subst 31.5.2002. Rep 2012 (628), Sch 6.2 [3]. Ins 2013 (548), Sch 2 [1].

27S

27S, 27T (Repealed)

Division 4

Miscellaneous

Division 4 Miscellaneous

pt 4, div 4, hdg: Ins 28.5.1999.

Built environment design principles and masterplans

28 Built environment design principles and masterplans

(1) The Council, in determining an application for consent to the carrying out of any development on land to which this plan applies, must take into consideration whether the development—

(a) has been designed to reinforce and protect the local topography and setting, and

(b) reinforces and enhances the streetscape and character of the locality, and

(c) is compatible with the scale and design of neighbouring development, and

(d) has been designed with adequate provision for the intended occupants, and those in the vicinity of the site of the proposed development, in terms of—

(i) privacy, and

(ii) access to sunlight, and

(e) has been designed so as to be energy efficient in terms of natural—

(i) lighting, and

(ii) ventilation, and

(iii) heating and cooling, and

(f) establishes and enhances the public domain, and

(g) has been designed so as to preserve predominant view lines and vistas enjoyed from parks, reserves, roadways, footpaths and other areas of the public domain, and

(h) encourages complementary land uses and activities.

(2) The Council, before granting consent to the carrying out of development on land within Zone No 5 or comprising a site area of 5,000 square metres or more, must take into consideration any masterplan for the land that is available to the Council.

Subdivision of land

29 Subdivision of land

(1) A person must not subdivide land to which this plan applies without the consent of the Council, unless that subdivision is exempt development referred to in clause 10A.

(2) Despite subclause (1), subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 does not require development consent, except—

(a) in the case of a building to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 3 applies, or

(b) where the building has been designed or approved for occupation as a single unit.

cl 29: Am 28.7.2000; 2009 (364), Sch 3.2 [5]; 2022 (72), Sch 1.51[4].

29A

Application of provisions of Sydney Local Environmental Plan 2012

29A Application of provisions of Sydney Local Environmental Plan 2012

(1) The following provisions of Sydney Local Environmental Plan 2012 apply to development on land to which this Plan applies in the same way as those provisions apply to development on land to which that Plan applies—

(a) clause 2.8 (Temporary use of land),

(b) Part 3 (Exempt and complying development),

(c) clause 7.15 (Flood planning),

(d) clause 7.17 (Development in areas subject to airport noise).

(2) Clause 5.10 (Heritage conservation) of Sydney Local Environmental Plan 2012 applies to development on land to which this Plan applies as if that land were land to which that Plan applies and that clause applies to a heritage item in Schedule 2 as if the heritage item were a heritage item within the meaning of that Plan.

(3) (Repealed)

cl 29A: Ins 2012 (628), Sch 6.2 [4]. Am 2013 (548), Sch 2 [2].

Acquisition and development of land reserved for roads

30 Acquisition and development of land reserved for roads

Note.

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) The owner of any vacant land within Zone No 9 (a) may, by notice in writing, require—

(a) the R.T.A., in the case of land that is included in the 5-year works program of the R.T.A. current at the time of receipt of the notice, or

(b) the Corporation, in any other case,

to acquire the land.

(2) The owner of any land within Zone No 9 (a) that is not vacant may, by notice in writing, require the R.T.A. to acquire the land if—

(a) the land is included in the 5-year works program of the R.T.A. current at the time of the receipt of the notice, or

(b) the R.T.A. has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(c) the R.T.A. is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(3) On receipt of a notice under this clause, the R.T.A. or the Corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for a public road.

(4) A person may, with the consent of the Council, carry out development on land within Zone No 9 (a)—

(a) for a purpose for which development may be carried out (with or without the consent of the Council) on land in an adjoining zone, or

(b) for any purpose which is compatible with development which may be carried out on land in an adjoining zone.

(5) (Repealed)

(6) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.

cl 30: Am 2008 (571), Sch 3.164 [5]–[8].

Acquisition of certain land reserved by zoning

31 Acquisition of certain land reserved by zoning

(1) The owner of any land within Zone No 9 (b) or 9 (c) may, by notice in writing, require the Council to acquire the land, but only if—

(a) the land is included in the Council’s Section 94 Contributions Plan or a Works Program of the Council that is current at the time of the receipt of the notice, or

(b) the Council has decided not to grant consent to the carrying out of development on the land, on the basis of those matters specified in subclause (3), or

(c) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(2) On receipt of a notice under this clause, the Council must acquire the land unless the land might reasonably be required to be dedicated for—

(a) local roads in the case of land within Zone No 9 (b), or

(b) local recreation in the case of land within Zone No 9 (c).

(3) In deciding whether to grant consent to proposed development within Zone No 9 (b) of 9 (c), the Council must take the following matters into consideration—

(a) in the case of land within Zone No 9 (b), the need to use the land for the purpose of local roads, and

(b) in the case of land within Zone No 9 (c), the need to use the land for the purpose of local recreation, and

(c) the imminence of acquisition, and

(d) the likely additional cost to the Council resulting from the carrying out of the proposed development.

(4) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.

Tree preservation orders

32 Tree preservation orders

A tree preservation order made in relation to land to which this plan applies, and in force immediately before the appointed day, is taken to be a tree preservation order made by the Council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 as adopted by this plan and may be rescinded or varied in accordance with that clause.

Community use of educational establishments

33 Community use of educational establishments

The Council may grant development consent to community use of the land and facilities of educational establishments and to the commercial operation of those facilities and their sites.

Retailing of bulky goods in the industrial zone

34 Retailing of bulky goods in the industrial zone

(1) This clause applies to land within Zone No 4.

(2) Subject to subclause (3), nothing in this plan prevents a person, with the consent of the Council, from carrying out on land to which this clause applies, development for the purpose of bulky goods retailing from a building or site in or on which those goods are stored, manufactured, displayed or processed.

(3) The Council must not grant consent to an application for consent to carry out development referred to in subclause (2) unless it is satisfied—

(a) that the proposed development will not detrimentally affect existing or future industrial development within the zone in which the land concerned is situated, and

(b) that to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land within Zone No 4, detract from the predominantly industrial nature of the zone.

35

35 (Repealed)

Development in Zone No 6 (a) or 6 (b)

36 Development in Zone No 6 (a) or 6 (b)

Council must not grant consent to development on publicly owned land in Zone No 6 (a) or 6 (b) unless it has taken into consideration all of the following—

(a) the need for the proposed development on that land, and

(b) whether the impact of the proposed development will be detrimental to the existing or future use of the land, and

(c) whether the proposed development will be secondary and complementary to the existing use of land for public recreation, and

(d) whether the proposed development will significantly diminish public use and access to public open space, and

(e) whether the proposed development is compatible with adjacent uses in relation to its height, bulk, noise generation, traffic generation, and any other aspects that might conflict with surrounding land uses, and

(f) whether the proposed development is consistent with any plan of management adopted by the Council, and

(g) whether the height of any proposed building or structure is visually sympathetic to existing vegetation and the topography.

Non-residential development in Zone No 10

37 Non-residential development in Zone No 10

(1) The object of this clause is to promote the objectives of Zone No 10 and to allow buildings or parts of buildings in that zone which are used for residential purposes to be used for mixed use purposes while ensuring that the mixed use does not have an adverse impact on the character of the suburb.

(2) The Council must not grant consent to the use for non-residential purposes of a building or land within Zone No 10 that was being used for residential purposes on the appointed day (24 April 1998), unless it is satisfied that—

(a) the change of use will not significantly erode the residential character and identify of the locality, and

(b) the change of use will not significantly reduce the level of residential accommodation in the locality, and

(c) the non-residential use on the site will be secondary to the residential use on the site, and

(d) the non-residential use will not have an adverse impact on the amenity of the predominant residential use on the site, and

(e) the proposed development is consistent with the objectives of Zone No 10.

cl 37: Subst 19.11.1999.

38

38 (Repealed)

Contaminated land

39 Contaminated land

(1) The Council must not grant consent to an application for a residential, child care centre or commercial use of a parcel of land which has previously been occupied by an industrial use, or of any part of the site of the former Royal Alexandra Hospital for Children at Camperdown (being the land to which South Sydney Local Environmental Plan No 139 applied) unless it has considered the following matters—

(a) the identification of any potential contamination, based on details of site history and any other available information, and

(b) the need for contamination treatment procedures such as further testing, and the need for remediation and the preparation of validation plans.

(2) Before it grants consent for any remediation of land, the Council must consider the following—

(a) a report on sampling procedures and testing results for the land,

(b) remediation plans for the land,

(c) validation plans for the land.

(3) For the purposes of this clause—

remediation plan means the details describing the remediation activity such as the objectives of the plan, the remediation methodology proposed and the targets, timetable, quality, quality control procedures and precautions to be taken during remediation of the land.

validation plan means the guidelines detailing the methodology by which the applicant or its consultant intends verifying that the remediation work has been satisfactorily carried out. It contains the requirements for post-rehabilitation testing and the justification for it. Validation plans may be included within a remediation plan.

Development in the vicinity of Alexandra Canal

40 Development in the vicinity of Alexandra Canal

(1) A person must not erect any structure on land within 10 metres of—

(a) the bank of the Alexandra Canal, or

(b) any of its open secondary channels,

except with the consent of the Council.

(2) The Council must not consent to the erection of any structure on land having a frontage to Alexandra Canal or any of its secondary canals unless—

(a) it has made an assessment of the effect the erection of that structure would have on the existing aquatic environment and the potential use of Alexandra Canal and its foreshore for recreational purposes, and

(b) the conditions of that consent require the landscaping of a ten metre strip abutting the canal, and

(c) the conditions of that consent require the creation of a right of carriageway, or the dedication of land, for the purpose of permanent pedestrian or bicycle access within a ten metre strip abutting the canal.

cl 40: Am 4.5.2001.

Foreshore building lines

41 Foreshore building lines

(1) The Council may, by resolution, fix a building line (in this clause referred to as a foreshore building line) in respect of any land fronting Port Jackson.

(2) A foreshore building line, when fixed by the Council is to be marked on a plan or clearly described in the resolution and such plan or resolution is to be available for inspection by the public, without charge, during the office hours of the Council.

(3) Until such time as the Council so fixes a foreshore building line, any line shown on the map—

(a) by a broken black line with the words “Foreshore Building Line—12m” marked in black letters, or

(b) by a broken black line with the words “Foreshore Building Line—35m” marked in black letters,

is taken to be a foreshore building line fixed under this clause.

(4) The Council may alter or abolish any foreshore building line (including one established under subclause (3)) where the levels, depth or other exceptional features of the site make it expedient to do so.

(5) Except with the consent of the Council granted as referred to in subclause (6), a building must not be erected between a foreshore building line and the mean high water mark of the waters of Port Jackson.

(6) The Council may, after having made an assessment of the probable aesthetic appearance of the proposed structure in relation to the foreshore, consent to the erection of—

(a) baths, swimming pools and ancillary buildings, or

(b) boat sheds, or

(c) wharves, or

(d) jetties, or

(e) other structures or works below or at the surface of the ground,

between a foreshore building line and the mean high water mark of the waters of Port Jackson.

42

42 (Repealed)

Development for the purpose of a backpackers’ hostel or serviced apartment

43 Development for the purpose of a backpackers’ hostel or serviced apartment

(1) A person must not carry out development for the purpose of a backpackers’ hostel or serviced apartment, except with the consent of the Council.

(2) In determining an application for development consent to carry out development for the purpose of a backpackers’ hostel or serviced apartment, the Council must consider—

(a) the need to maintain the stock of low-cost, long-term rental accommodation in the City of South Sydney, particularly (but not exclusively) accommodation in the form of boarding houses, and

(b) the need to control the establishment of backpackers’ hostels and serviced apartments in the City of South Sydney, and

(c) the need to prevent the reduction in residential amenity associated with the encroachment of backpackers’ hostels and serviced apartments into primarily residential areas.

Suspension of covenants, agreements and instruments

44 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any covenant, agreement or similar instrument that purports to impose restrictions on the carrying out of development on the land to which this plan applies, to the extent necessary to serve that purpose, shall not apply to any such development.

(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3) Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).

Development on public roads

45 Development on public roads

(1) A person must not carry out development on land shown uncoloured on the map, except with the consent of the Council.

(2) Consent to a development application required by subclause (1) may be granted only for the carrying out of development that may be carried out (with or without the consent of the Council) on the land adjoining that part of the land shown uncoloured on the map to which the development application relates.

(3) Despite subclauses (1) and (2), the following development may be carried out without the consent of the Council on land shown uncoloured on the map—

(a) development referred to in Schedule 3, or

(b) any other development which does not involve the erection of a building or the carrying out of a work.

Amusement centres

46 Amusement centres

Despite Part 3, development for the purpose of an amusement centre is prohibited on any land—

(a) within Zone No 3 having a boundary adjoining Oxford Street, or

(b) within Zone No 3 and Zone No 10 having a boundary adjoining King Street, or

(c) within the area bounded by Victoria Street, Orwell Street, Macleay Street, Fitzroy Gardens, Ward Avenue and Kings Cross Road.

cl 46: Subst 4.5.2001.

Restricted premises

47 Restricted premises

The Council may consent to the carrying out of development for the purpose of restricted premises only where conditions are imposed (in addition to any other conditions which may be imposed by the Council) which require that—

(a) no part of the premises, other than an access corridor, will be located within a shop-front or will be otherwise visible at street level from any adjoining footpath, roadway, arcade or other public thoroughfare, and

(b) no part of the restricted premises or building in which the premises will be situated will be used as a dwelling unless separate access will be available to the dwelling, and

(c) any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and

(d) no other objects, products or goods related to the restricted premises will be visible from outside the premises.

cl 47: Am 4.5.2001.

47A

Demolition requires development consent

47A Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

cll 47A–47C: Ins 2019 (659), Sch 2.27.

47B

Temporary use of land

47B Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

cll 47A–47C: Ins 2019 (659), Sch 2.27.

47C

Conversion of fire alarms

47C Conversion of fire alarms

(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subclause (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cll 47A–47C: Ins 2019 (659), Sch 2.27.

48

48, 49 (Repealed)

Development in the vicinity of Elizabeth Bay House

50 Development in the vicinity of Elizabeth Bay House

(1) The Council must not consent to the carrying out of development on land at No 26, 28, 30A, 30B or 32 Billyard Avenue, Elizabeth Bay, except with consent granted with the concurrence of the Historic Houses Trust of New South Wales.

(2) In determining any application for development on land referred to in subclause (1), the Council must take the following matters into consideration—

(a) the impact of the proposed development on the historic and visual relationship between Port Jackson, the foreshore and Elizabeth Bay House, and

(b) the views to and from Elizabeth Bay House and the McElhone Reserve, and

(c) the impact of the bulk and height of, and the materials to be used in, the proposed development.

(3) In deciding whether to grant concurrence required by subclause (1), the Historic Houses Trust of New South Wales must take into consideration the matters specified in subclause (2).

51

51–53 (Repealed)

Development for certain additional purposes

54 Development for certain additional purposes

Nothing in this plan prevents the Council from granting consent to the carrying out, on land described in Column 1 of the following Table, of development specified, in relation to the land in Column 2 of the Table, subject to the conditions, if any, so specified for the development—

Table

| Column 1 | Column 2 | | 780 Bourke St, Redfern. | Development for the purpose of serviced apartments. | | 35–43 Carillon Avenue and 114 Church Street, Camperdown. | Development for the purpose of car parking stations; supporting hotels. | | 61–71 Dunning Ave; 21–23 Morley Ave; 25–27 Morley Ave, Rosebery. | Development for the purpose of commercial premises. | | 1 Elizabeth Bay Road, Kings Cross. | Development for the purpose of police stations. | | 261–263 Oxford Street, Paddington. | Development for the purpose of refreshment rooms; offices. | | 230 Palmer Street, Darlinghurst. | Development for the purpose of car parking stations. | | 9 Telopea Street, Redfern. | Development for the purpose of commercial premises. | | The site of the former Royal Alexandra Hospital for Children at Camperdown, being the land to which South Sydney Local Environmental Plan No 139 applied. | Development allowed within Zone No 2 (f) under Sydney Local Environmental Plan No 66 immediately before the appointed day, subject to the development standards set for the land by that plan at that time, so that—(a) the maximum ratio of the gross floor area of all buildings to the site area is 1.5:1, and(b) the maximum height for buildings are those shown on the map marked “South Sydney Local Environmental Plan No 139—Height”. |

Excepted development

55 Excepted development

Nothing in this plan is to be construed as restricting or prohibiting, or enabling the Council to restrict or prohibit the carrying out of development of any description specified in Schedule 3 by a public authority or a corporation that was a public authority which has been privatised.

Savings provisions for pending development applications

56 Savings provisions for pending development applications

(1) Local environmental plans and deemed environmental planning instruments apply to development applications lodged but not finally determined before the commencement of this plan as if this plan had been exhibited but had not commenced.

(2) To remove any doubt, development standards imposed by any such plans and instruments on development proposed by those development applications apply even if those standards would not be imposed by other provisions of this plan.

(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

(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.

cl 56: Am 2023 (524), Sch 1.1[2]; 2023 (609), Sch 2.15[3] [4].

56A

Classification and reclassification of public land

56A Classification and reclassification of public land

(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note.

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.

(2) The public land described in Part 1 or Part 2 of Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3) The public land described in Part 3 of Schedule 6 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4) The public land described in Part 1 of Schedule 6—

(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5) The public land described in Part 2 of Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 6, and

(b) any reservations that except land out of the Crown grant relating to the land, and

(c) reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note.

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 6.

cl 56A: Ins 2012 (419), Sch 1 [1]. Am 2019 (621), Sch 2.17.

56B

Exceptions to development standards

56B Exceptions to development standards

(1) The objectives of this clause are as follows—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(5), (6) (Repealed)

(7) This clause does not allow development consent to be granted for development that would contravene any of the following—

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c) Division 2A of Part 4.

cl 56B: Ins 2019 (659), Sch 1.27[2]. Am 2023 (524), Sch 1.1[1].

56C

Standards that cannot be used to refuse consent—playing and performing music

56C Standards that cannot be used to refuse consent—playing and performing music

(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a) the playing or performance of music, including the following—

(i) the genre of music played or performed, or

(ii) whether the music played or performed is live or amplified, or

(iii) whether the music played or performed is original music, or

(iv) the number of musicians or live entertainment acts playing or performing, or

(v) the type of instruments played,

(b) whether dancing occurs,

(c) the presence or use of a dance floor or another area ordinarily used for dancing,

(d) the direction in which a stage for players or performers faces,

(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3) In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 56C: Ins 2020 (724), Sch 3.

56D

Public bushland

56D Public bushland

(1) The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—

(a) preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and

(b) preserving bushland as a natural stabiliser of the soil surface, and

(c) preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and

(d) preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and

(e) mitigating disturbance caused by development.

(2) Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.

(3) Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—

(a) the disturbance of the bushland is essential for a purpose in the public interest,

(b) there is no reasonable alternative to the disturbance,

(c) the development minimises the amount of bushland to be disturbed,

(d) the development includes measures to remediate the disturbed bushland.

(4) Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—

(a) the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,

(b) the construction, operation or maintenance of electricity or telecommunication lines,

(c) bush fire hazard reduction,

(d) the construction or maintenance of classified roads,

(e) facilitating the recreational use of the public bushland.

(5) Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—

(a) the recreational use of the land,

(b) bush fire hazard reduction,

(c) the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,

(d) the remediation of degraded public bushland.

(6) This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.

(7) In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—

(a) the need to retain public bushland adjoining the site of the development,

(b) the likely effect of the development on public bushland, including the following—

(i) the erosion of soil,

(ii) the siltation of streams and waterways,

(iii) the spread of weeds and non-native plants within public bushland,

(c) other matters the consent authority considers relevant to the protection and preservation of public bushland.

(8) This clause does not apply to the following land that is public bushland—

(a) land in Zone RU1, RU2, RU3, RU4 or RU5,

(b) land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,

(c) land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,

(d) land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.

(9) In this clause—

disturb public bushland means—

(a) remove vegetation from public bushland, or

(b) cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.

non-native plant means a plant that is not native vegetation.

public bushland means land—

(a) on which there is vegetation that is—

(i) a remainder of the natural vegetation of the land, or

(ii) representative of the structure and floristics of the natural vegetation of the land, and

(b) that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.

cl 56D: Ins 2022 (629), Sch 2[3].

56E

Canal estate development prohibited

56E Canal estate development prohibited

(1) Canal estate development is prohibited on land to which this Plan applies.

(2) In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 56E: Ins 2022 (629), Sch 2[4].

Part 5

57–72 (Repealed)

pt 5: Rep 28.7.2000. Ins 2010 (631), Sch 1.6. Rep 2012 (628), Sch 6.2 [5].

pt 5, div 1, hdg: Ins 2010 (631), Sch 1.6. Rep 2012 (628), Sch 6.2 [5].

cl 57: Rep 28.7.2000. Ins 2010 (631), Sch 1.6. Rep 2012 (628), Sch 6.2 [5].

cl 58: Rep 28.7.2000. Ins 2010 (631), Sch 1.6. Am 2011 (103), Sch 1.8. Rep 2012 (628), Sch 6.2 [5].

cl 59: Ins 2010 (631), Sch 1.6. Rep 2012 (628), Sch 6.2 [5].

pt 5, div 2: Ins 2010 (631), Sch 1.6. Rep 2012 (628), Sch 6.2 [5].

pt 5, div 3 (cll 60–72): Ins 2010 (631), Sch 1.6. Rep 2012 (628), Sch 6.2 [5].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Introduction

1 Name of plan

This plan is South Sydney Local Environmental Plan 1998.

2 Area covered by this plan

(1) This plan applies to the whole of the City of South Sydney, except—

(a) land to which State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021, Chapter 4 or 7 applies,

(b) (Repealed)

(b1) land to which Sydney Local Environmental Plan 2012 applies, and

(c) land shown coloured grey and marked “excluded” on the map.

(2) The land to which this plan applies is shown by distinctive edging on the map.

(3) To the extent that clauses 22–27, definitions in Schedule 1 of terms used in those clauses and entries in Schedule 2, 2A or 2B relate to land subject to the City of Sydney Planning Scheme Ordinance or South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts), this plan also applies to that land, despite subclauses (1) and (2).

cl 2: Am 28.7.2000; 2012 (628), Sch 6.2 [1]; 2022 (72), Sch 1.51[1].

3 Relationship to other environmental planning instruments

This plan repeals—

(a) the City of Sydney Planning Scheme Ordinance,

(b) Sydney Local Environmental Plan No 30, Sydney Local Environmental Plan No 66, South Sydney Local Environmental Plan No 101, South Sydney Local Environmental Plan No 107 (Erskineville/Alexandria and Surry Hills)South Sydney Local Environmental Plan No 109—Rental Accommodation, South Sydney Local Environmental Plan No 110—Child Care Centres and South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts), and