South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts) (New South Wales) | Zoe

Deep Dive

7,435 words · generated 02/07/2026

What it does

This instrument, South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts), sets a local statutory framework for land use and development controls across the specified area shown on the deposited maps (see cl 2, cl 5). Mechanically, it performs the following functions: it identifies zones and zone objectives (cl 8; cl 9), prescribes what development can be carried out without development consent and what requires consent (cl 9(2) and the Table to clause 9), fixes maximum floor space ratios and building heights by reference to the height and floor space ratio control map (cls 10-11), adopts specific development standards and special provisions (Part 3, cls 10-31), designates the Council of the City of South Sydney as the consent authority (cl 7), and classifies certain public land as operational (cl 28 and Schedule 2).

The plan replaces earlier local instruments to the extent they applied to the mapped area (cl 3(1)). It also imports selected Model Provisions (cl 6) and cross-applies particular provisions of other instruments (for example, it makes street art exempt development by applying parts of the Sydney Local Environmental Plan 2012,cl 29). The plan imposes both prohibitions and mandatory preconditions for consent in particular circumstances: examples include constraints on commercial floor space within industrial zones (cl 10(3)-(4)), mandatory remediation and EPA sign-off for development on known contaminated land (cl 24(2)(a)-(b)), locational and signage restrictions for restricted premises (cl 20), and standards for development adjacent to Alexandra Canal (cl 25).

Operationally, the plan leaves a substantial amount of detailed control and implementation to the Council (cl 4(c)), and to development control plans made by the Council (as contemplated in cl 4(c) and the general structure of the plan). It provides procedural and substantive gates: the Council is to withhold consent where a proposal is inconsistent with zone objectives (cl 9(3)), must be satisfied of specific factual predicates before approving certain uses (for example cl 16(3) for bulky goods in industrial zones), and must impose remediation conditions acceptable to the Environment Protection Authority (cl 24(2)). The plan also creates site-specific powers and options for landowners, including limited rights to require acquisition of land reserved for arterial roads (cl 15) and thresholds for increased floor space ratio and height when lot amalgamation occurs in Zone 10(a) (cls 10(7)-(8), 11(3)-(4)).

In short, the plan is a conventional LEP-style instrument that translates strategic aims and zone objectives into statutory permissions and constraints, defines key numeric controls by reference to maps, and embeds several targeted controls (contamination, restricted premises, public bushland, street art, music at licensed premises) that affect regulatory outcomes on development applications.

Main concepts

The plan rests on a small set of organising concepts that determine how development proposals will be evaluated and what outcomes are permitted.

Zoning and zone objectives (cl 8; cl 9). Land is allocated among multiple zones (for example Zone No 2 (a), 2 (c), 2 (d), 3 (b), 4, 4 (d), 5 (a), 6, 9 (a), and 10 (a), cl 8). Each zone has stated objectives which the Council must use as the yardstick for assessing consistency (cl 9(3)). The Table to clause 9 then lists, for each zone, what development may be carried out without consent, what requires consent, and what is prohibited.
Development consent regime (cl 7; cl 9). The Council is explicitly the consent authority (cl 7). The plan distinguishes development that may be carried out without development consent (for example, dwelling houses are commonly listed as permitted without consent,see multiple entries in the Table) from development that is permitted only with consent (the Table to cl 9 lists specific uses in each zone). The Council shall not grant consent unless satisfied that the proposal is consistent with the objectives of the relevant zone (cl 9(3)).
Maps and numeric controls (cl 5; cls 10-11). Floor space ratio and building height are maximum limits specified on the height and floor space ratio control map (cl 10(1); cl 11(1)). The plan emphasises that these are maxima and may not be achievable due to environmental considerations or other development controls (cls 10(2), 11(2)). The plan also provides conditional bonuses: Zone 10(a) can have an additional 0.5:1 FSR and up to 21 m height where lots are amalgamated to sites equal to or exceeding 20 hectares, subject to Council satisfaction that the extra FSR/height assist Council objectives (cls 10(7)-(8), 11(3)-(4)). Zone No 2 (d) also permits up to 0.5:1 additional FSR for residential development on appropriate non-residential sites subject to Council satisfaction (cl 10(9)).
Use-specific gates and limits. Several clauses impose substantive tests or mandatory conditions for specific use classes. Examples include:
- Industrial/commercial split limits: within Zone No 4 the Council must not grant consent for non-industrial/commercial uses exceeding 25% of the maximum FSR (cl 10(3)); within Zone No 2 (c) non-residential components cannot exceed 50% of the maximum FSR (cl 10(5)), subject to existing lawful uses (cl 10(6)).
- Retailing of bulky goods in industrial zones is permitted only with consent and only where the Council is satisfied that suitable land is not available in a nearby business centre and that such retailing will not detrimentally affect industrial development or nearby business centres or defeat the industrial nature of the zone (cl 16(2)-(3)).

Who it affects

The plan affects a broad set of stakeholders by allocating land use rights, imposing development gates, and creating procedural opportunities and constraints.

Landowners and prospective developers in the mapped area. Every owner or prospective purchaser of land in the plan area must consult the map and the Table to clause 9 to determine the zone, the list of permitted uses, and whether development is allowed without consent (cl 8; cl 9). Owners in specific zones face bespoke rules: owners in Zone No 4 (General Industrial) are constrained on commercial floor space (cl 10(3)); owners in Zone No 2 (c) have a 50% limit on non-residential floor space (cl 10(5)); owners in Zone No 9 (a) may have rights to require acquisition by RTA/Corporation in some circumstances (cl 15); owners in Zone 10(a) with potential to amalgamate large sites can access additional FSR/height (cls 10(7)-(8), 11(3)-(4)).
Residents and tenants of residential zones. The plan lists dwelling houses as development without consent in several residential zones (Table entries). The Council must also consider residential amenity in many places: zone objectives stress protection and enhancement of amenity (cl 9 objectives for residential zones) and there are restrictions on conversion of formerly residential buildings to non-residential use (cl 18). Clause 17 requires the Council, when assessing applications for backpackers hostels and serviced apartments, to weigh the need to maintain low-cost long-term rental accommodation and to control encroachment into primarily residential areas.
Businesses and industry. The plan designates industrial and employment zones (Zone 4, 4(d), 10(a)) and sets out permitted industrial uses, high-technology industry provisions, and business-park objectives (various entries in the Table to clause 9 and cl 9 objectives for those zones). Commercial operators seeking to retail bulky goods in industrial zones must meet the cl 16 tests. Operators of restricted premises (adult material businesses) are affected by the locational and signage conditions in cl 20. Licensed premises are directly affected by cl 30, which changes the grounds on which consent may be refused in relation to music and performance (cl 30(1)-(2)).
Council and public authorities. The Council is the consent authority (cl 7), is obliged to apply the zone objectives (cl 9(3)), and must enforce remediation requirements tied to the Environment Protection Authority in cl 24. The plan also calls on the RTA and the "Corporation" for acquisition duties under cl 15. Public landholders are affected by cl 28 and Schedule 2, which classify or reclassify public land as operational land for the purposes of the Local Government Act 1993.

Key duties and rights

The plan allocates duties to the Council and rights and procedural options to owners and other public authorities. Below are the principal, text-grounded duties and rights arising from the instrument.

Duties imposed on the Council and public authorities

Consent authority role and assessment duty. The Council is the consent authority (cl 7). The Council must not grant consent unless it is of the opinion the development is consistent with the objectives of the zone (cl 9(3)). This creates a duty of substantive evaluation against zone objectives.
Specific negative duties. The Council is explicitly precluded from granting certain consents unless specified tests are satisfied:
- In Zone No 4, the Council shall not grant consent for non-industrial commercial uses where such use would exceed 25% of the maximum FSR for the development (cl 10(3)).
- In Zone No 2 (c), the Council shall not grant consent to non-residential development exceeding 50% of the maximum FSR (cl 10(5)), though existing lawful non-residential uses are exempted (cl 10(6)).
- For bulky goods retailing in Zone No 4 or 4(d), the Council must be satisfied that suitable land is not available in a nearby business centre and that the proposal will not detrimentally affect industrial development or the range of services in business centres and will not defeat the industrial nature of the zone (cl 16(2)-(3)).
- For development on land known by the Council to require remediation, the Council must impose conditions requiring remediation acceptable to the EPA and prohibit building works until an EPA-recognised consultant certifies remediation per the ANZECC and NH & MRC Guidelines (cl 24(2)(a)-(b)).
Procedural duties linked to other instruments. Clause 29 requires the application of clause 3.1 and Schedule 2 of Sydney LEP 2012 to the plan area for the purposes of exempting street art. Clause 31 imposes duties to consider impacts on public bushland and, where recreational development is proposed without consent, to ensure works are carried out in accordance with a plan of management adopted as if under the Local Government Act 1993 (cl 31(5)). These duties require coordination with other statutory instruments and administrative procedures.

Rights and entitlements afforded to owners and applicants

Rights to carry out certain development without consent. The Table to clause 9 lists development that may be carried out without consent in each zone. For example, “dwelling houses” are permitted without consent in several residential zones (see respective Table entries). This is an immediate development right, subject to any other applicable statutory requirements.

Penalties and enforcement

The plan itself does not set out a discrete schedule of criminal penalties or infringement notices; instead, it operates through the development consent regime and through mandatory conditions and prohibitions tied to the Council’s exercise of consent powers. The text provides the following enforcement-relevant mechanics.

Consent gates and prohibitions. Many clauses set up hard statutory bars on development absent consent or unless particular conditions are satisfied. For example, the Council "shall not grant consent" for non-residential uses in Zone No 4 exceeding the 25% FSR threshold (cl 10(3)), for non-residential components in Zone No 2 (c) exceeding 50% (cl 10(5)), or for development on contaminated land without EPA-accepted remediation conditions (cl 24(2)). These are substantive legal constraints which the Council enforces through the DA assessment process. The primary enforcement mechanism is therefore the refusal or conditional grant of development consent by the consent authority (cl 7; cl 9(3)).
Conditions and pre-conditions. In a number of contexts the plan mandates or contemplates conditions that must be attached to consents. The Council must impose remediation conditions acceptable to the EPA and prohibit construction until a consultant's certification is furnished (cl 24(2)(a)-(b)). Restricted premises require conditions on location and signage and specific signage limitations (cl 20(1)-(2)). Failure to comply with those conditions would usually engage enforcement provisions in the relevant planning and environmental Acts, though specific penalty mechanisms are not in the plan text.
Adoption of Model Provisions. Clause 6 adopts many of the Environmental Planning and Assessment Model Provisions 1980. Those Model Provisions historically include offences and enforcement machinery in the broader statutory scheme. Because the Model Provisions are adopted, related enforcement mechanisms in the Model Provisions will apply as adopted. The plan also references the Act and other statutes, which contain the main enforcement powers and penalties for unauthorised development, breaches of consent conditions, and prosecutions. The plan itself, however, does not recite those penalties.
Referral and regulatory interplay for contaminated land. Clause 24 creates a cross-institutional enforcement dynamic: the Council must not grant consent on land known to require remediation unless remediation is acceptable to the EPA and a consultant recognised by the EPA certifies remediation per ANZECC and NH & MRC Guidelines (cl 24(2)(a)-(b)). Practically, the EPA’s approval and the consultant’s certification function as gating approvals. The plan thereby delegates a de-facto enforcement role to the EPA and its recognised consultants for contaminated land matters.

How it interacts with other laws

The plan is drafted as part of an interlocking regulatory system and repeatedly cross-references or imports other instruments and statutes. The text outlines multiple specific interactions.

Repeals and priority among local instruments (cl 3(1)). Clause 3(1) expressly repeals the City of Sydney Planning Scheme Ordinance, Sydney Local Environmental Plan No 28, Sydney Local Environmental Plan No 71, and all other environmental instruments that immediately before the appointed day applied to the plan area, but only to the extent they applied to the land in the plan. That is a direct interaction within the local planning instrument hierarchy and establishes this plan as the operative local environmental instrument in the mapped area.
Modification of State Environmental Planning Policy No 4 (cl 3(2)-(3)). Clause 3(2) states that clause 7 of SEPP No 4,Development Without Consent does not apply to development for shops and commercial premises on land within Zone No 4 or 4(d). Clause 3(3) amends SEPP No 4 by inserting a subclause to the same effect. This is a textual override of a State policy so far as the plan area is concerned, expressly limiting the applicability of SEPP No 4 in industrial zones for certain uses.
Adoption of Model Provisions (cl 6). The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan, except for specified definitions and clauses. That adoption imports the procedural and some substantive mechanisms of the Model Provisions into the local framework, including, historically, aspects of development assessment procedure, notification, and enforcement. Users must therefore consult both this LEP and the adopted Model Provisions for a full picture.
Cross-application of Sydney LEP 2012 for street art (cl 29). Clause 29 applies clause 3.1 of, and Schedule 2 to, the Sydney Local Environmental Plan 2012 in respect of street art as exempt development. This cross-application creates a direct link to metropolitan-level exemptions: in practice, street art that is exempt under Sydney LEP 2012 will be treated as exempt in the plan area.
Interaction with environmental and public health guidance (cl 24). Clause 24 requires remediation to be carried out in a manner acceptable to the Environment Protection Authority and certified as compliant with the ANZECC and NH & MRC Guidelines (the January 1992 Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites). This clause makes EPA approval and those national guidelines an integral part of the plan’s operation where contaminated land is concerned.

Amendment history

The instrument contains explicit marginal notations showing amendments and insertions at multiple dates. The plan has been modified incrementally; the following chronology summarises the amendments shown in the text itself, with clause references.

Pre-1996 foundational changes. Clause 5 indicates an amendment "Am 16.8.1996." Clause 6 (Adoption of Model Provisions) is in the core instrument as adopted and has no later footnote.
15 November 1996 insertions and Schedule changes. Schedule 1 was inserted on 15.11.1996 and later repealed the same date (sch 1 Ins 15.11.1996. Rep 15.11.1996). Schedule 2’s insertions appear to have been done around this time as well (Schedule 2 was inserted 16.8.1996).
16 August 1996 insertions. Clause 12 (Tree preservation orders) indicates that tree preservation orders made and in force immediately before the appointed day shall be taken to be made by the Council under clause 8 of the Model Provisions, consistent with the Model Provisions having been adopted (cl 12; "cl 12: Am 16.8.1996" as noted at cl 5).
28 May 1999 amendment. Clause 2 (Land to which plan applies) shows "cl 2: Am 28.5.1999." This relates to the geographic application of the plan and its mapping.
15 November 1996 amendments to the zoning and Table. Clause 9 shows "cl 9: Am 15.11.1996." The Table and many zone-specific provisions were amended on or about that date, and Schedule 1 was both inserted and repealed around that time (sch 1 Ins 15.11.1996. Rep 15.11.1996), indicating a reworking of the Table and zone objectives.
16 August 1996 insertion of public land classification. Clause 28 and Schedule 2 were inserted on 16.8.1996 (cl 28: Ins 16.8.1996; sch 2: Ins 16.8.1996), classifying specified public land as operational under the Local Government Act 1993.
2008 amendments. Clause 15 shows an amendment notation "cl 15: Am 2008 (571), Sch 3.165 [1]-[3]." Clause 22 also shows "cl 22: Am 2008 (571), Sch 3.165 [4]." These 2008 amendments updated the acquisition and development-on-all-land provisions, perhaps aligning them with newer administrative arrangements or Acts.
2017 insertion re street art. Clause 29 was inserted in 2017: "cl 29: Ins 2017 (751), Sch 1.7." This cross-applies Sydney LEP 2012 provisions making street art an exempt development in the plan area.
2020 amendments. Clause 4 (Aims, objectives etc) bears "cl 4: Am 2020 (724), Sch 1.14." Clause 30 (music standards for licensed premises) was inserted in 2020: "cl 30: Ins 2020 (724), Sch 3." These amendments added contemporary policy objectives and specifically constrained grounds on which consent may be refused in relation to playing and performing music at licensed premises.

Litigation history

The instrument as provided contains no references to judicial decisions, reported litigation, or case law. There are no cases named in the text and no marginal notes referring to court challenges. Consequently:

There is no litigation history recorded within the plan text itself. The instrument does not cite any judicial interpretations, nor does it include case annotations.
For an up-to-date litigation picture a practitioner must search external legal databases and tribunal records for any challenges to decisions made under this plan, judicial review proceedings involving the Council's exercise of consent powers in the plan area, or appeals in relation to development applications where this plan was the operative instrument. The plan text does not provide that information.
Because the plan cross-references other instruments (Model Provisions, SEPPs, Sydney LEP 2012) and involves multi-agency decisions (Council, EPA, RTA), litigation may occur in a number of fora,Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal, the Land and Environment Court, or appellate courts,none of which are mentioned in the plan. The absence of litigation references in the text should not be read as evidence that the plan has not been litigated; it simply means that such history is outside the instrument’s own textual record.

In short, the plan itself records no litigation history; any practitioner seeking precedent or dispute records will need to run external searches in court and tribunal archives for development decisions, enforcement actions, or judicial review matters arising under this LEP.

Gotchas

The plan contains a number of traps for the unwary,procedural, substantive and evidentiary,that can affect landowners, planners, and advisers. These are concrete, text-based issues that frequently lead to surprises in practice.

"Maximum" controls may be unachievable in practice. Clauses 10(2) and 11(2) explicitly state that the height and floor space ratios set out in the control map are maximum limits and "may not be achievable in all instances" due to environmental considerations (for example overshadowing, privacy), parking and landscaping requirements, or where proposed development does not meet the Council’s planning, environmental and urban design objectives. Practitioners should not assume that meeting the numeric FSR or height limits on the map automatically yields an approval,Council retains discretion to deny an application on environmental and urban design grounds.
Quantitative limits on mixed-use components bite. The FSR split rules are strict: cl 10(3) caps non-industrial commercial uses in Zone No 4 to 25% of the FSR, and cl 10(5) caps non-residential components in Zone No 2 (c) to 50% of FSR. These are not merely guidelines; the Council "shall not grant consent" in contravention of these caps, except in narrow respects (cl 10(4) preserves ancillary commercial floor space to industry in Zone No 4; cl 10(6) exempts existing lawful non-residential uses in Zone 2(c)). A development that relies on a larger non-residential component risks outright refusal.
Evidence burdens and multi-agency gates for contaminated land. Clause 24 places the onus on applicants and the Council to satisfy the EPA and to have remediation certified by a consultant "recognised by the Authority" in accordance with the ANZECC and NH & MRC Guidelines. This is a procedure-heavy requirement: remediation must be demonstrably compliant with specified national guidance and certified before construction. Practitioners should plan for remediation timelines, consultant accreditation checks, and possible iterative EPA feedback; failing to satisfy these steps prevents the Council issuing building consents.
Restricted premises siting and signage rules are precise. Clause 20 imposes non-negotiable conditions: the public entry level must not be within 1500 mm of the level of a public thoroughfare, the premises cannot be used as a dwelling unless separate access is provided, and signage is tightly constrained (cl 20(1)(a)-(c), cl 20(2)). Developers of adult entertainment or restricted publications venues need to design for those specific constraints from the outset.

How to comply

Compliance requires a staged, evidence-based approach that recognises the plan’s substantive gates and cross-agency requirements. The following operational checklist aligns to the plan’s clauses and practical requirements.

Confirm zoning and map controls
- Consult the deposited zoning map and the height and floor space ratio control map identified in cl 5 and referenced in cls 10-11. Determine the land’s zone (cl 8), the maximum FSR and height controls (cls 10(1), 11(1)), and any special map annotations (for example special uses in Zone No 5 (a)).
Establish permitted status and consent requirements
- Read the Table to clause 9 for the specific zone to see what can be carried out without development consent, what requires consent, and what is prohibited (cl 9(2)). If the proposed use appears in the "without consent" column, verify whether other clauses impose additional preconditions (for example infrastructure availability under cl 22(1)(a)).
Assess consistency with zone objectives
- Prepare a zone-objective analysis showing how the proposal meets the objectives set out in the Table to clause 9 and the zone-specific objectives (cl 9(3) obliges the Council to be satisfied of consistency). This should be a discrete section of the DA demonstrating conformity with amenity, employment, open space, heritage and the specific objectives in the relevant zone entry.
Check numeric limits and ancillary caps
- Verify that the non-residential/commercial component of any mixed-use proposal respects FSR caps: Zone 4 non-industrial uses must not exceed 25% of the maximum FSR (cl 10(3)); Zone 2(c) non-residential components must not exceed 50% (cl 10(5)). If proposing to exceed these percentages, be prepared to justify an exceptional case or reconfigure the scheme.
Infrastructure and services
- Demonstrate availability of water, sewerage and drainage services sufficient for the development as required by cl 22(1)(a). Secure written evidence from relevant service providers and include it in the DA.
Contaminated land due diligence and remediation
- If the site is known by the Council to require remediation or if there is any contamination risk, commission an EPA-recognised contaminated sites consultant to prepare an assessment and a remediation plan conforming to the ANZECC and NH & MRC Guidelines (cl 24(2)(b)). Arrange for EPA review and obtain written confirmation that remediation proposals are acceptable to the EPA (cl 24(2)(a)). The DA must be subject to conditions requiring remediation in an EPA-acceptable manner, and construction must not proceed until certification of remediation is provided.

Part 1

Preliminary

Part 1 Preliminary

Name of plan

1 Name of plan

This plan may be cited as South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts).

Land to which plan applies

2 Land to which plan applies

(1) Except as provided by subclause (2), this plan applies to the land as shown edged heavy black on the map.

(2) This plan does not apply to the land shown as “deferred matter” on the map.

(3) This plan does not apply to land to which South Sydney Local Environmental Plan 1998 applies.

cl 2: Am 28.5.1999.

Relationship to other environmental planning instruments

3 Relationship to other environmental planning instruments

(1) This plan repeals the City of Sydney Planning Scheme Ordinance, Sydney Local Environmental Plan No 28 and Sydney Local Environmental Plan No 71, and all other environmental instruments, other than State environmental planning policies and regional environmental plans, that immediately before the appointed day applied to the land to which this plan applies, but only to the extent to which those instruments applied to the land the subject of this plan.

(2) Clause 7 of State Environmental Planning Policy No 4—Development Without Consent does not apply to development for shops and commercial premises on land within Zone No 4 or 4 (d).

(3) State Environmental Planning Policy No 4—Development Without Consent is amended by inserting after clause 7 (2) the following subclause—

(2A) Clause 7 does not apply to land within Zone No 4 or 4 (d) under South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery/Zetland Planning Districts).

Aims, objectives etc

4 Aims, objectives etc

(1) The general aims of this plan are—

(a) to repeal all the existing local environmental planning instruments applying to the land shown on the map and to replace those controls with a single local environmental plan,

(b) to simplify the general restrictions on development by reducing the number of zones into which the land is divided,

(c) to give the Council greater responsibility for environmental planning by creating a framework of controls and leaving the more detailed local provisions to be contained in development control plans to be made by the Council, and

(d) to resolve, where possible, conflicting land uses and to introduce appropriate zonings to protect and enhance the existing environment and amenity of the area.

(2) The specific aims of this plan are the following—

Residential

(a) to increase the availability and variety of dwellings to enable population growth without having adverse effects on the character and amenity of the area to which this plan applies,

(b) to provide for predominantly residential environments, and to encourage an increase in housing opportunities,

(c) to encourage new residential development on vacant sites and in obsolescent non-residential buildings,

(d) to ensure that adequate housing is available to all income groups within the City of South Sydney,

(e) to retain existing, and encourage the provision of new, low cost rental stock within inner Sydney,

Employment

(f) to ensure the Southern Industrial and Rosebery/Zetland Districts within the City of South Sydney continue to function as a major industrial and employment centre,

(g) to encourage the Southern Industrial and Rosebery/Zetland Districts’ unique locational advantages for industry and employment,

(h) to stimulate employment oriented development which will contribute to improvements to the built environment,

(i) to provide sites for high technological and research enterprises which will not detrimentally affect the environment or amenity of adjoining land,

Social

(j) to maintain and encourage development which contributes to employment opportunities,

(k) to ensure space is provided for community services and appropriate neighbourhood retail and commercial facilities that meet the needs of the residents and workers,

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

Built Environment

(l) to encourage the conservation of identified heritage items, including both residential and non-residential buildings,

(m) to protect and enhance the buildings and streetscapes of the Southern Industrial and Rosebery/Zetland Districts which are culturally, architecturally, socially, historically and aesthetically important,

(n) to conserve the built form of existing residential areas and provide planning controls to ensure that development is compatible with the scale and density of the established urban environment,

Zoning

(o) to provide a variety of zones to accommodate residential, employment generating and industrial uses and provide a transitional zone between residential and non-residential zones,

Open Space and Recreation

(p) to ensure space is available for recreational activities and facilities,

(q) to provide local open space through utilisation of street closures and acquisition of appropriate vacant land,

Services

(r) to ensure full and efficient use of existing social and physical infrastructure and the future provision of services and facilities to meet any increased demand,

Transport

(s) to rationalise and develop the existing transport system to better service the Southern Industrial and Rosebery/Zetland Districts and surrounding areas.

cl 4: Am 2020 (724), Sch 1.14.

Interpretation

5 Interpretation

(1) In this plan—

alteration, in relation to a building, means any alteration to the building and includes partial demolition of the building.

appointed day means the day on and from which this plan takes effect.

backpackers hostel means a dwelling, residential flat building or hostel having an average of two beds or more per room and providing shared accommodation for persons who have their principal place of residence elsewhere.

boarding house means a building wholly or partly let as lodgings which provides lodgers with a principal place of residence, but does not include a backpackers hostel, building containing serviced apartments, hotel or motel.

bulky goods means large goods such as furniture, do-it-yourself home improvement materials and the like which generate a low return per unit floor area and which are, in the opinion of the Council, of such a size and shape as to require—

(a) a large area for handling storage or display,

(b) easy and direct vehicular access to enable the goods to be collected by customers after sale.

child care centre means a building or place used for the purpose of supervising or caring for children which—

(a) caters for 5 or more under school age children, whether or not those children are related to the owner or operator of the child care centre, and

(b) may include an educational function, and

(c) may operate for the purpose of gain,

but does not include a building or place providing residential care for those children.

community centre means a building or place owned or controlled by the Council, or a body of persons associated for the purpose of the physical, social, cultural, economic or intellectual welfare of the community, and used to provide facilities for administering or providing services for any one or more of the following—

(a) a public building,

(b) public health services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding,

(g) any other like place or activity.

Council means the Council of the City of South Sydney.

depot means a building or place used by a public authority for the storage of materials and the servicing, repair and garaging of vehicles and equipment.

dwelling house means a building containing one but not more than one dwelling on an allotment and includes what is commonly known as a terrace house.

equipment hire centre means a building or premises used to hire out and store a range of tools and equipment and to repair and service that equipment.

floor means that space within a building (including an attic space) which is situated between one floor level and the floor level next above (or if there is no floor above, the ceiling or roof above).

floor space ratio, in relation to a building, means the ratio of the gross floor area of the building to the area of the site on which the building is, or is to be, erected.

height, in relation to a building, means the vertical distance expressed in metres between a point on the ceiling of the topmost habitable floor and the natural ground level immediately below that point.

height and floor space ratio control map means the instrument marked “Height and Floor Space Ratio Control Map”, being sheet 2 of the map as amended by the maps (or, if any sheets of the maps are specified, by the specified sheets of the maps) marked as follows—

South Sydney Local Environmental Plan No 135—Floor Space Ratio Map

high technology industry means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following—

(a) electronic and micro-electronic systems, goods and components,

(b) computer software and hardware,

(c) instrumentation and instruments,

(d) biological, pharmaceutical, medical or paramedical systems, goods and components,

(f) other goods, systems and components intended for use in science and technology.

natural ground level, in relation to a site, means the level determined by the Council to be the natural surface of the site.

private hotel means a hotel used primarily for short term residential purposes which is not licensed under the Liquor Act 1982.

recreation area means—

(a) a children’s playground, or

(b) an area used for sporting activities or sporting facilities, or

(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—

(i) the Council, or

(ii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or showground.

residential flat building means a building containing two or more dwellings but does not include serviced apartments.

restricted premises means a building or place—

(a) used or intended for use as a shop or place of assembly in or on which category 1 restricted publications or category 2 restricted publications, within the meaning of the Indecent Articles and Classified Publications Act 1975, are exposed, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b) in or on which a business is conducted, an object of which is the display or exhibition of any article within the meaning of the Indecent Articles and Classified Publications Act 1975, or any film, within the meaning of the Film and Computer Game Classification Act 1984, that is primarily concerned with or is used or intended for use in connection with sexual behaviour but which is not printed matter,

but does not include a newsagency or pharmacy.

serviced apartment means a self-contained dwelling (in a building containing two or more self-contained dwellings) which is cleaned or serviced by the owner or manager of the building (or the agent of the owner or manager), and which provides short-term accommodation for persons who have their principal place of residence elsewhere, but does not include a backpackers hostel, boarding house or private hotel.

the map means sheets 1–2 of the map marked “South Sydney Local Environmental Plan No 114 (Southern Industrial and Rosebery Zetland Planning Districts)” as amended by the maps marked as follows—

South Sydney Local Environmental Plan No 135—Zoning Map

vehicle rental centre means a building or other premises used to rent out vehicles and service those vehicles.

(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,

(b) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified,

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

cl 5: Am 16.8.1996.

Adoption of Model Provisions

6 Adoption of Model Provisions

The Environmental Planning and Assessment Model Provisions 1980 (except for the definitions of boarding house, child care centre, dwelling house, floor, map and residential flat building and clause 16, 17, 19, in its application to car repair stations, 28 and 35 (c) are adopted for the purposes of this plan.

Consent authority

7 Consent authority

The Council shall be the consent authority for the purposes of this plan.

Part 2

General restrictions on development of land

Part 2 General restrictions on development of land

Zones indicated on the map

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone—

Zone No 2 (a) (Residential Zone)—edged heavy black and lettered “2 (a)”

Zone No 2 (c) (Mixed Use [Residential] Zone)—edged heavy black and lettered “2 (c)”

Zone No 2 (d) (Residential Renewal Zone)—edged heavy black and lettered “2 (d)”

Zone No 3 (b) (Neighbourhood Business Zone)—edged heavy black and lettered “3 (b)”

Zone No 4 (General Industrial Zone)—edged heavy black and marked “4”

Zone No 4 (d) (Industrial [Interim Development] Zone)—edged heavy black and lettered “4 (d)”

Zone No 5 (a) (Special Uses Zone)—edged heavy black with a particular land use indicated by lettering

Zone No 6 (Recreation Existing Zone)—lightly dotted

Zone No 9 (a) (Reservation [Arterial Road] Zone)—broken bands between black lines

Zone No 10 (a) (Employment [Business Park] Zone)—edged heavy black and lettered “10 (a)”

Zone objectives and development control table

9 Zone objectives and development control table

(1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone”.

(2) Except as otherwise provided by this plan, in relation to land within a zone specified in a Table to this clause, the purposes (if any), for which—

(a) development may be carried out without development consent, and

(b) development may be carried out only with development consent, and

(c) development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter in that Table relating to the zone.

(3) Except as otherwise provided by this plan, the Council shall 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 carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

(4)–(7) (Repealed)

(8) Subclauses (4)–(7) and Schedule 1 are repealed on the second anniversary of the day on which South Sydney Local Environmental Plan No 134 commenced.

Table

Zone No 2 (a) (Residential Zone)

Zone No 2 (c) (Mixed Use [Residential] Zone)

Zone No 2 (d) (Residential Renewal Zone)

Zone No 3 (b) (Neighbourhood Business Zone)

Zone No 4 (General Industrial Zone)

Zone No 4 (d) (Industrial [Interim Development] Zone)

Zone No 5 (a) (Special Uses Zone)

Zone No 6 (Recreation Existing Zone)

Zone No 9 (a) (Reservation [Arterial Road] Zone)

Zone No 10 (a) (Employment [Business Park] Zone)

cl 9: Am 15.11.1996.

Part 3

Special provisions

Part 3 Special provisions

Floor space ratio

10 Floor space ratio

(1) The floor space ratio of any building to be erected on land to which this plan applies shall not exceed the maximum ratio specified on the height and floor space ratio control map for the area in which the building is located.

(2) The floor space ratios set out in this clause and on the height and floor space ratio control map are maximum limits and may not be achievable in all instance due to environmental considerations including but not limited to, overshadowing and privacy or development controls including, but not limited to, parking requirements and landscaping requirements, or where the proposed development does not generally meet the Council’s planning, environmental and urban design objectives.

(3) Notwithstanding subclause (1) within Zone No 4 the Council shall not grant consent for a commercial use or any other non-industrial use that is referred to in paragraph (b) of the objectives of that zone which is not specified in Item 3 of the matter relating to that zone in the table to Clause 9, where that use exceeds 25% of the maximum floor space ratio for that development.

(4) Nothing in subclause (3) restricts the amount of commercial floor space on a site where the use of that floor space is ancillary to, or is used in conjunction with, industry or warehousing.

(5) Notwithstanding subclause (1) within Zone No 2 (c), the Council shall not grant consent to development for non-residential purposes, or to development that is the non-residential component of mixed residential and non-residential development, which exceeds 50% of the maximum floor space ratio for that development.

(6) Subclause (5) does not apply to the use for non-residential purposes of buildings which exist and were lawfully used for those purposes on the appointed day.

(7) Notwithstanding subclause (1), in Zone No 10 (a) (being land generally bound by South Dowling Street, Link Road, Epsom Road, Joynton Avenue and O’Dea Avenue) the Council may, in granting consent to a development application, allow an additional floor space ratio not exceeding 0.5:1 if existing lots are amalgamated to form a site equal to or greater than 20 ha.

(8) The Council shall not allow an additional floor space ratio as referred to in subclause (7) unless the Council is satisfied that the additional floor space would assist in achieving the Council’s planning, environmental and urban design objectives.

(9) Notwithstanding subclause (1) within Zone No 2 (d), the Council may, in granting consent to a development application, allow an additional floor space ratio of up to 0.5:1 for residential development of non-residential sites where the sites are, in the opinion of the Council, suitable and large enough to accommodate the increase in floor space and the Council is satisfied that the additional floor space will assist in achieving the objectives of that zone and the Council’s planning, environmental and urban design objectives.

(10) In this clause, use for non-residential purposes does not include use for the purpose of serviced apartments.

Height of buildings

11 Height of buildings

(1) The height of any building to be erected on land to which this plan applies shall not exceed the height in metres specified, on the height and floor space ratio control map, for the area in which the building is located.

(2) The building height limits set out in this clause and on the height and floor space ratio control map are maximum limits and may not be achievable in all instances due to environmental considerations including, but not limited to, overshadowing and privacy, or development controls including, but not limited to, parking requirements and landscaping requirements, or where proposed development does not generally meet the Council’s planning, environmental and urban design objectives.

(3) Notwithstanding subclause (1), in Zone No 10 (a) (being the land generally bound by South Dowling Street, Link Road, Epsom Road, Joynton Avenue and O’Dea Avenue) the Council may, in granting consent to a development application, allow the erection of buildings having a height of not more than 21 m if the lots that existed on the appointed day are amalgamated to form a site equal to or greater than 20 ha.

(4) The Council shall not allow an increase in the permissible height limit as referred to in subclause (3) unless the Council is satisfied that the additional height would assist in achieving Council’s planning, environmental and urban design objectives.

Tree preservation orders

12 Tree preservation orders

A tree preservation order made, and in force, immediately before the appointed day and relating to land to which this plan applies shall be 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 school facilities

13 Community use of school facilities

(1) Where land to which this plan applies is used for the purpose of an educational establishment, the site and facilities of the establishment may, with the consent of the Council, be used for the purposes of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other additional community purpose, whether or not the use of that site or those facilities for any such additional purpose results in the use of that site or those facilities for a commercial purpose.

(2) Nothing in this clause requires development consent to be obtained for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.

Subdivision

14 Subdivision

A person shall not subdivide land, otherwise than under the Strata Titles Act 1973 or the Strata Titles (Leasehold) Act 1986, without the consent of the Council.

Acquisition of land reserved for arterial roads

15 Acquisition of land reserved for arterial 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 RTA—in the case of land that is included in the five-year works programme of the RTA 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 RTA to acquire the land if—

(a) the land is included in the five years works programme of the RTA current at the time of receipt of the notice, or

(b) the RTA has decided not to give concurrence to an application for consent to the carrying out of development of the land, or

(c) the RTA 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 RTA or the Corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.

(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 on land in an adjoining zone, or

(b) for any purpose that is compatible with development that 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.

(7) In this clause—

the Corporation means the Corporation constituted by section 8 (1) of the Act.

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.

cl 15: Am 2008 (571), Sch 3.165 [1]–[3].

Retailing of bulky goods in industrial zones

16 Retailing of bulky goods in industrial zones

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

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

(3) The Council shall not grant consent for development referred to in subclause (2) unless it is satisfied—

(a) that suitable land is not available for the proposed development in any nearby business centre, and

(b) that the proposed development will not detrimentally affect—

(i) existing or future industrial development within the zone in which the land concerned is situated, or

(ii) the range of services offered by existing shops located in any nearby business centre, and

(c) 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 or 4 (d), defeat the predominantly industrial nature of the zone.

(4) The Council shall not grant consent to an application for a sign associated with the retailing of bulky goods on land to which this clause applies other than a sign which is used solely for company identification only.

Development for the purpose of backpackers hostels or serviced apartments

17 Development for the purpose of backpackers hostels or serviced apartments

(1) A person shall not carry out development for the purpose of a backpackers hostels or serviced apartment (including using premises for the purposes of a backpackers hostel or serviced apartment that were formerly used as a dwelling house, residential flat building, boarding house or private hotel) except with the consent of the Council.

(2) In determining a development application for the purposes of a backpackers hostel or serviced apartment, the Council must consider—

(a) the need to maintain 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 control the reduction in residential amenity associated with the encroachment of backpackers hostels and serviced apartments into primarily residential areas.

Development on residential zones

18 Development on residential zones

The Council shall not grant consent to the use of a building within Zone No 2 (a), 2 (c) or 2 (d) which was used as a dwelling house, boarding house, private hotel, backpackers hostel or residential flat building at the appointed day, for any non-residential purpose which would prevent its residential use, unless it satisfied that the local amenity is such that the building is no longer suitable for residential purposes.

Development for the purposes of light industry, warehouses and car repair stations in Zone No 2 (d)

19 Development for the purposes of light industry, warehouses and car repair stations in Zone No 2 (d)

The Council shall not grant consent to development of any site for the purposes of light industry, warehouses or car repair stations in Zone No 2 (d) unless the site was on the appointed day lawfully used for one of those purposes or was a site adjoining and in the same ownership as a site which was lawfully used for one of those purposes.

Development for the purposes of restricted premises

20 Development for the purposes of restricted premises

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

(a) no part of the restricted premises (other than an access corridor to the premises) shall be located on a level within 1500 millimetres, measured at the entrance, of the level of a public road, arcade or other thoroughfare generally open to the public or used by the public,

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

(c) no advertisements or signs relating to the restricted premises or any business carried on at the premises (other than a sign to which subclause (2) applies) shall be erected, displayed or exhibited to public view in a window or an entrance of the premises or in, outside or directly above an access corridor to the premises.

(2) Notwithstanding any other provision of this plan, a person may, with the consent of the Council, erect, display or exhibit a sign in relation to restricted premises where—

(a) the Council is satisfied that the sign is not likely to interfere with the amenity of the locality, and

(b) the sign does not exceed 3000 millimetres by 300 millimetres in size and sets out only—

(i) the words “RESTRICTED PREMISES” in capital letters not less than 50 millimetres in height, and

(ii) the name of the person who conducts the business at those restricted premises or the registered name of the business carried out on those restricted premises, and

(c) not more than one such sign is erected, displayed or exhibited to public view in a window or an entrance of the restricted premises or in, outside or directly above an access corridor to the premises.

Advertising signs and structures in residential zones

21 Advertising signs and structures in residential zones

(1) This clause applies to land within Zone No 2 (c) or 2 (d).

(2) A person may, with the consent of the Council, erect on land to which this clause applies, or on a building or work on that land, advertising signs or advertising structures not more than 1 square metre in area which do not contain anything other than—

(a) the name of the person residing in or carrying on any business, trade, industry or profession in or on that land, and

(b) the name of the premises and any necessary or usual directions or cautions relating to the premises or the business, trade, industry or profession carried out in or on the premises, and

(c) a statement as to the nature of the business, trade, industry or profession carried out in or on the premises, and

(d) the description or a list of prices of the goods for sale or hire in or on the premises, and

(e) a notice that the premises are to let or for sale with particulars of the same and of the name and address of the person of whom enquiries may be made, and

(f) the contents bill of a newspaper or periodical on sale in or on such premises, and

(g) advertisements as to meetings, entertainments or religious services to be held in or on the premises.

(3) Notwithstanding subclause (2), a person may, with the consent of the Council, erect an advertising structure or sign on land within Zone No 2 (c) or 2 (d) up to a maximum of 4 square metres in area is the sign is designed so that it is compatible with the architecture of any building on which it is exhibited and would not interfere with the amenity of the locality.

Development on all land to which this plan applies

22 Development on all land to which this plan applies

(1) The Council shall not grant consent to any development on any land to which this plan applies unless—

(a) water, sewerage and drainage services sufficient to cater for the needs of the development are available, and

(b) (Repealed)

cl 22: Am 2008 (571), Sch 3.165 [4].

Flood liable lands

23 Flood liable lands

The Council shall not grant consent to the erection of a building or the carrying out of works on land to which this plan applies if, in the opinion of the Council—

(a) the land is within a floodway, and

(b) the carrying out of the development is likely—

(i) to adversely impede the flow of flood waters on that land or land in its immediate vicinity, or

(ii) to imperil the safety of persons on that land or land in its immediate vicinity in the event of those lands being inundated with flood waters, or

(iii) to aggravate the consequences of floodwaters flowing on that land or land in its immediate vicinity with regard to erosion or siltation, or

(iv) to have an adverse effect on the water table of that land or of land in its immediate vicinity.

Contaminated land

24 Contaminated land

(1) A person must not, on land to which this plan applies—

(a) disturb or excavate any land for any purpose, or

(b) carry out any land filling, or

(c) clear trees or other vegetation from the land, or

(d) carry out any work, or

(e) alter the landscape or carry out any landscaping,

except with the consent of the Council.

(2) The Council must not grant consent to the carrying out of any development (other than subdivision) on land to which this plan applies that is land known by the Council to require remediation unless the consent is subject to conditions—

(a) requiring remediation of the land in a manner acceptable to the Environment Protection Authority, and

(b) prohibiting the construction or erection of a building or the carrying out of a work on any part of that land pursuant to the consent until the Authority has advised the Council that, according to a report provided by a consultant recognised by the Authority, the part of the land has been remediated in accordance with the ANZECC and NH & MRC Guidelines to the extent necessary for the proposed development.

This subclause does not prevent the imposition of other kinds of conditions on such a consent or limit the extent of the conditions that may be imposed on such a consent.

(3) Subclauses (1) and (2) do not apply to any land to which this plan applies after the Environment Protection Authority has advised the Council that the land has been remediated as referred to in subclause (2) (b).

(4) In this clause, ANZECC and NH & MRC Guidelines means the Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites jointly developed by the Australian and New Zealand Environment and Conservation Council (ANZECC) and the National Health and Medical Research Council (NH & MRC) published in January 1992.

Development in the vicinity of Alexandra Canal

25 Development in the vicinity of Alexandra Canal

(1) A person shall not erect any structure on land within 10 metres of the Alexandra Canal bank or its open secondary channels except with the consent of the Council.

(2) The Council shall not consent to the erection of any structure on land referred to in subclause (1) unless it has made an assessment of the effect the carrying out of development will have on the existing aquatic environment and the potential use of the canal for recreational purposes.

Development for certain additional purposes

26 Development for certain additional purposes

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development at 53 Hansard Street, Zetland, for the purposes of a car repair station, subject to such conditions, if any, as the Council may specify.

Suspension of certain covenants etc

27 Suspension of certain covenants etc

(1) For the purpose of enabling development to be carried out in accordance with this plan pursuant to a consent granted under the Act, the operation of any covenant, agreement or similar instrument imposing restrictions on development shall not apply to the development (to the extent necessary to serve that purpose).

(2) Subclause (1) only relates to land zoned Industrial under this plan.

(3) Nothing in subclause (1) shall affect the rights or interests of any statutory authority under any registered instrument.

(4) Pursuant to section 28 of the Act, before the making of this plan, the Governor approved of subclauses (1)–(3).

Classification and reclassification of public land

28 Classification and reclassification of public land

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

cl 28: Ins 16.8.1996.

Application of Sydney Local Environmental Plan 2012—street art is exempt development

29 Application of Sydney Local Environmental Plan 2012—street art is exempt development

Clause 3.1 of, and Schedule 2 to, the Sydney Local Environmental Plan 2012 (to the extent that they specify street art as exempt development) apply to development on land to which this plan applies in the same way as they apply to development on land to which that Plan applies.

cl 29: Ins 2017 (751), Sch 1.7.

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

30 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 30: Ins 2020 (724), Sch 3.

Public bushland

31 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 31: Ins 2022 (629), Sch 2[3].

Schedule 1

Schedule 1 (Repealed)

sch 1: Ins 15.11.1996. Rep 15.11.1996.

Schedule 2

Classification and reclassification of public land

Schedule 2 Classification and reclassification of public land

(Clause 28)

| Alexandria | | | Euston Road | Land known as part Nos 171–203 and part Nos 211–223, as shown edged heavy black and marked “Operational Land” on the map marked “South Sydney Local Environmental Plan No 135“Classification Map”. |

sch 2: Ins 16.8.1996.

Source text: opening excerpt

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