1 Name of Policy

1.1 Name of Policy

This Policy is State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021.

Part 2 Preliminary

Part 2.1 Preliminary

2 Aims of Chapter

2.1 Aims of Chapter

The aims of this Chapter are as follows—

(a) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,

(b) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.

3 Land to which Chapter applies

3.1 Land to which Chapter applies

(1) Except as provided by subsection (2), this Chapter applies to the whole of the land within the Development Area, as varied from time to time.

(2) This Chapter does not apply to land in respect of which an order is in force under clause 3B of the Darling Harbour Authority Regulation 1984.

Part 4 Introduction

Part 4.1 Introduction

4 Area covered by this Chapter

4.1 Area covered by this Chapter

This Chapter applies to the land shown on Map 1 as the City West area, except such of that land as is shown as “excluded” on that map and such of that land as is within waters to which State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6 applies.

The land to which this Chapter applies is part of the Sydney Region and is referred to in this Chapter as “City West”.

However, this Chapter does not apply to land to which Sydney Local Environmental Plan 2012 applies.

s 4.1: Am 2022 (629), Sch 3.14[2].

Division 1 Land to which Part 3 applies

Division 1 Land to which Part 3 applies

Division 2 Development consent

Division 2 Development consent

Division 3 Planning principles for Precincts

Division 3 Planning principles for Precincts

Division 4 Zoning

Division 4 Zoning

Division 5 Building height and floor space controls

Division 5 Building height and floor space controls

Division 6 Heritage conservation

Division 6 Heritage conservation

Division 7 Urban development plans

Division 7 Urban development plans

Division 8 Master Plans

Division 8 Master Plans

Division 8A Prohibited land uses

Division 8A Prohibited land uses

Division 9 Miscellaneous provisions

Division 9 Miscellaneous provisions

Part 5 Preliminary

Part 5.1 Preliminary

5 Aims, objectives etc

5.1 Aims, objectives etc

This Chapter aims—

(a) to allow an appropriate range of uses to encourage the adaptive re-use of existing structures while not required for commercial port uses,

(b) to identify and protect the heritage significance of the area by establishing a conservation zone and providing appropriate controls for adaptive re-use, demolition and alteration,

(c) to ensure that development is compatible with the scale and character of existing built structures in the area,

(d) to control the use of the waterways between the wharves to ensure that any activities associated with any development are compatible with the commercial shipping and navigational requirements in Sydney Harbour,

(e) to identify a consent authority for development approvals,

(f) to identify matters to be considered when determining development applications,

(g) to ensure the provision of public access to the waterfront, including the wharves, and

(h) to ensure that development—

(i) provides appropriate parking facilities and traffic management which minimises impact on the amenity of the area, adjoining residential areas and the Sydney Cove Redevelopment Area,

(ii) does not adversely affect the arterial road network in the City of Sydney,

(iii) preserves views to and from Sydney Harbour,

(iv) is compatible with the adjacent existing residential community, and

(v) provides a public transport system which can be integrated with the existing public transport services in the City of Sydney.

Part 6 Preliminary

Part 6.1 Preliminary

6 Aims of Chapter

6.1 Aims of Chapter

This Chapter aims—

(a) to establish planning principles for the development of land that promote the ecologically sustainable use of the Cooks Cove site, and

(b) to rezone land at Cooks Cove to encourage trade and technology uses, and to attract global-reach businesses which strengthen Sydney’s international competitiveness, and

(c) to capitalise on the physical proximity of the Cooks Cove site to Sydney International Airport and Port Botany to create trade-focussed development, and

(d) to facilitate master planning strategies that will promote the orderly development of public open space and trade and technology land uses, and

(e) to identify appropriate development form and capacity for the Cooks Cove site, and

(f) to provide open space for a range of recreational uses, and

(g) to provide for good public access through the Cooks Cove site and along the Cooks River foreshores, and

(h) to enhance the Botany Bay to Homebush Bay regional cycleway and pedestrian/cycle network, and

(i) to protect environmentally significant wetlands and the habitat of the endangered Green and Golden Bell Frog, and

(j) to establish vegetated riparian areas along the Cooks River and Muddy Creek foreshores, and

(k) to provide vegetated riparian buffers around the Marsh Street, Eve Street, Spring Creek and Landing Lights wetlands.

Part 7 Preliminary

Part 7.1 Preliminary

7 Land to which this Chapter applies

7.1 Land to which this Chapter applies

This Chapter applies to the land shown edged heavy black on the map marked “Moore Park Showground Amendment No 1” deposited in the head office of the Department of Urban Affairs and Planning.

app.1 State significant precinct—Sydney Opera House

Appendix 1 State significant precinct—Sydney Opera House

section 2.7

Part 1 Buffer zone

Part 1 Buffer zone

1A Land to which Part applies

1A Land to which Part applies

This Part applies to land within the Sydney Opera House Site as referred to in State Environmental Planning Policy (Planning Systems) 2021, Schedule 2, section 1.

8 Minor public domain works

8 Minor public domain works

(1) Exempt development includes minor public domain works including—

(a) footpath improvements, tree planting, re-paving, street surfacing, kerb reconstruction, footpaths, gutters, street furniture (benches, bollards, public artwork, installations and street lighting), and

(b) installation of permanent directional/wayfinding signage.

(2) Any such exempt development must comply with the following requirements—

(a) the works must not adversely affect the heritage significance of the Sydney Opera House,

(b) the works must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,

(c) the works must not prevent public access to, and use of, the adjoining public domain.

9 Installation of minor structures ancillary to the use of Sydney Opera House

9 Installation of minor structures ancillary to the use of Sydney Opera House

(1) Exempt development includes the installation of minor structures ancillary to the use of the Sydney Opera House, including small structures to house on-line information, refreshment vending carts (up to a maximum number of 12), ticketing and banking services and plasma and flat screen displays for the purpose of promoting performances and sponsors.

(2) Any such exempt development must comply with the following requirements—

(a) the structures must not adversely affect the heritage significance of the Sydney Opera House,

(b) the structures do not obstruct views identified as significant in the CMP,

(c) the structures must not prevent public access to, and use of, the adjoining public domain,

(d) the structures must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.

10 Signage associated with shops, cafes, restaurants and offices, and signage for the purpose of advertising events within Sydney Opera House

10 Signage associated with shops, cafes, restaurants and offices, and signage for the purpose of advertising events within Sydney Opera House

(1) Exempt development includes signage associated with shops, cafes, restaurants and offices, and signage for the purposes of advertising the events within the Sydney Opera House such as concourse posters, and light boxes, including—

(a) removal of signage,

(b) replacement of existing signage with new signage,

(c) installation of new signage.

(2) Any such exempt development must comply with the following requirements—

(a) the signage must be identified as non-intrusive or of “low” significance in the CMP,

(b) the development must make no change to the dimension, size and location of the existing signage,

(c) any new signage must be consistent with signage for adjoining tenancies in regard to size, dimension, location, design details and total number,

(d) the development must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP.

11 Temporary use of Sydney Opera House to project fireworks or make broadcast

11 Temporary use of Sydney Opera House to project fireworks or make broadcast

(1) Exempt development includes the temporary use of the Sydney Opera House to project fireworks or make a broadcast.

(2) Any such use must comply with the following requirements—

(a) the use must not adversely affect the heritage significance of the Sydney Opera House,

(b) the use must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,

(c) the use must be only for limited periods and on infrequent occasions,

(d) the use must be confined to exceptional, non-commercial occasions of brief duration.

12 Temporary use of public space for community events

12 Temporary use of public space for community events

(1) Exempt development includes the temporary use of public space for community events that are open to the general public with no entry charges, including public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.

(2) Any such use must comply with the following requirements—

(a) the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays and 8.00am to midnight on Fridays and Saturdays, except New Years Eve celebrations which may occur between 8.00am and 2.00am,

(b) community events (not more than four events in total in a calendar year) can start as early as 6.00am,

(c) set-up and clean-up can occur one day before and one day after each event, except some community events (not more than a total of five events in a calendar year) with longer set-up and clean-up times may be required (not more than six bump in/out days in total per event),

(d) should the event involve amplified music, ancillary to the main purpose of the event, the noise levels at the following locations must not exceed the background noise levels—

(i) Beulah Street Wharf (off Waruda Street), Kirribilli,

(ii) Cremorne Wharf (off Milson Road), Cremorne Point,

(iii) a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,

(iv) Dawes Point Park (off Lower Fort Street), Millers Point,

(e) all amplified music is to commence after 8.00am (except for those four events in total in a calendar year which may start as early as 6.00am) and to cease by 10.30pm on Sundays to Thursdays and 11.30pm on Fridays and Saturdays,

(f) lighting associated with events must not cause adverse impact on the area surrounding the site,

(g) the event does not include staging of private or commercial functions,

(h) back of house areas must be carefully designed (fencing and gates must be of high quality, and provide artwork and visual interest/public information in appropriate places).

13 Temporary use of public space for minimal impact events related to the primary function of Sydney Opera House

13 Temporary use of public space for minimal impact events related to the primary function of Sydney Opera House

(1) Exempt development includes the temporary use of public space for minimal impact events related to the primary function of the Opera House as a performing arts centre, including temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event for which an entry fee may be charged.

(2) Any such use must comply with the following requirements—

(a) the use takes place not more than 40 days (whether consecutive or not) in any 12 month period,

(b) the use occurs between the hours of 8.00am to 11.00pm on Sundays to Thursdays (all amplified music to commence after 10.00am and to cease by 10.30pm) and 8.00am to midnight on Fridays and Saturdays (all amplified music to commence after 10.00am and to cease by 11.30pm),

(c) no more than 5,000 people attend each event at any one time,

(d) in addition to the maximum events days (ie 40 days) set-up and clean-up can occur one day before and one day after each event. Any additional days required for set-up and clean-up are to be included within the 40 days,

(e) lighting associated with events must not cause adverse impact on the area surrounding the site,

(f) noise levels at the following locations must not exceed LAmax 70 dB(A) and LCmax 90 dB(C) from Friday to Saturday and LAmax 65 dB(A) and LCmax 85 dB(C) from Sunday to Thursday—

(i) Beulah Street Wharf (off Waruda Street), Kirribilli,

(ii) Cremorne Wharf (off Milson Road), Cremorne Point,

(iii) a point within 1 metre of the residential boundary nearest to the Sydney Opera House at Bennelong Apartments, East Circular Quay,

(iv) Dawes Point Park (off Lower Fort Street), Millers Point.

14 Erection of temporary building ancillary to the temporary use of a public space for minimal impact events

14 Erection of temporary building ancillary to the temporary use of a public space for minimal impact events

(1) Exempt development includes the erection of temporary buildings ancillary to the temporary use of a public space for minimal impact events.

(2) Any such use must comply with the following requirements—

(a) all temporary buildings related to events must be confined to the event site area,

(b) public access to the lower concourse via the southern escalators, southern stairs and ramp must not be obstructed at any time,

(c) public access must not be obstructed between the bottom of the Tarpeian Steps and Royal Botanic Gardens Opera House Gate along the forecourt except during events,

(d) must not obstruct views identified as significant in the CMP,

(e) must have no adverse effect on fabric and spaces rated “some”, “considerable” or “exceptional” significance in the CMP,

(f) details of temporary buildings must be consistent with the principles of the CMP in relation to “exterior furniture”,

(g) any temporary building must not remain in place for not more than 40 days (whether consecutive or not) in any 12 month period, excluding one day bump-in and one day bump-out for each event.

(3) In this section, minimal impact events include temporary outdoor events and performances such as Sydney Festival events that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.

15 Erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events

15 Erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events

(1) Exempt development includes the erection of temporary signage ancillary to the temporary use of a public space for community events and minimal impact events.

(2) Any such use must comply with the following requirements—

(a) must not adversely affect the heritage significance of the Sydney Opera House,

(b) must have no adverse effect on fabric rated “some”, “considerable” or “exceptional” significance in the CMP,

(c) must not be displayed for more than fourteen days before a temporary outdoor event and must be removed within seven days after the event,

(d) does not obstruct views identified as significant in the CMP,

(e) must not contain general advertising unrelated to events or sponsors at the Sydney Opera House,

(f) any temporary signage ancillary to minimal impact events must not remain in place for more than 60 days (whether consecutive or not) in any 12 month period.

(3) In this section—

community events include public gatherings, ceremonies, celebrations, sporting events, events for community and outdoor exhibitions that may involve the installation of temporary structures having minimal visual impact (such as barricading) that are otherwise ancillary to the event.

minimal impact events include temporary outdoor events and performances, such as Sydney Festival events, that involve the installation of temporary structures (including main stage, sound and lighting systems) having minimal visual impact that are otherwise ancillary to the event.

app.2 State significant precinct—Luna Park site

Appendix 2 State significant precinct—Luna Park site

section 2.7

1B Land to which Part applies

1B Land to which Part applies

This Part applies to the cliff top sites.

1C Subdivision—consent requirements

1C Subdivision—consent requirements

Land to which this Part applies may be subdivided, but only with development consent.

Notes.

1D Demolition requires development consent

1D 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 Chapter 2 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.

1E Temporary use of land

1E Temporary use of land

(1) The objective of this section 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 Chapter 2, development consent may be granted for development on land to which this Part applies 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 Chapter 2 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 subsection (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 subsection.

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

2A Conversion of fire alarms

2A Conversion of fire alarms

(1) This section 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 subsection (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 section—

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.

Part 3 Amusement devices

Part 3 Amusement devices

app.3 State significant precinct—Redfern–Waterloo Authority sites

Appendix 3 State significant precinct—Redfern–Waterloo Authority sites

section 2.7

16 Special Purpose Zone—Community

16 Special Purpose Zone—Community

(1) The objectives of the Special Purpose Zone—Community are as follows—

(a) to enable land to be used for community purposes,

(b) to enable development to be carried out for the social, educational and recreational needs of the community,

(c) to support development that is related or ancillary to community, recreational or educational use of the land in the Zone,

(d) to ensure the vitality and safety of the community and public domain,

(e) to ensure that buildings achieve design excellence,

(f) to promote landscaped areas with strong visual and aesthetic values to enhance the amenity of the area.

(2) Development for any of the following purposes may be carried out on land within the Special Purpose Zone—Community only with development consent—

advertisements; advertising structures; boarding houses; car parks; centre-based child care facilities; community facilities; educational establishments; entertainment facilities; function centres; hostels; information and educational facilities; kiosks; medical centres; office premises; passenger transport facilities; recreation areas; recreation facilities (indoor); recreation facilities (outdoor); registered clubs; restaurants; telecommunications facilities; temporary structures; tourist and visitor accommodation related or ancillary to community facilities, educational establishments, recreation facilities (indoor) or recreation facilities (outdoor).

(3) Except as otherwise provided by Chapter 2, development is prohibited on land within the Special Purpose Zone—Community unless it may be carried out under subsection (2).

16A Exceptions to development standards

16A Exceptions to development standards

(1) The objectives of this section 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 section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.

(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 subsection (3).

(5), (6) (Repealed)

(7) This section 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.

17 Exempt development

17 Exempt development

The following development is exempt development if it is carried out on land within the Redfern–Waterloo Authority Sites, is of minimal environmental impact and complies with the criteria set out in the guidelines prepared by the Redfern–Waterloo Authority (and approved by the Minister and made publicly available) for the purposes of this section—

(a) the temporary use of the land for community events that are open to the general public, including public gatherings, ceremonies, sporting events or outdoor exhibitions,

(b) the erection and use of temporary structures, having minimal visual impact, for the purposes of, or in connection with, any such community event,

(c) the erection and use of outdoor seating, tables and similar furniture located in the public domain and associated with cafes, restaurants, bars and other similar development,

(d) the erection, installation, maintenance and upgrading by or on behalf of a public authority of public furniture, planter boxes, lighting, public art, street signs, bus shelters, public telephone booths or post boxes, or the carrying out by or on behalf of a public authority of street planting, work for the purpose of changing the width or surface of a footpath, and related road works,

(e) the erection, installation, maintenance and upgrading by or on behalf of a public authority in existing public recreation areas of public furniture, shade structures, public art, tables, seats, children’s play equipment, barbecues and toilets,

(e1) the carrying out, by or on behalf of a public authority, of landscaping associated with existing public recreation areas,

(f) development for the purposes of real estate signs,

(g) the erection of a flagpole, if the maximum height of the flagpole is not more than 6 metres above existing ground level,

(h) erection of a side or rear boundary fence located behind the front wall of a building, if the fence does not exceed 1.8 metres in height and is not of masonry construction,

(i) the use of premises for a home business,

(j) minor internal alterations to commercial or retail premises, such as fit-out works or the installation of partitions, shelving, benches or workstations, if the alterations are not structural, do not result in the creation of additional floor space and do not change the building classification.

18 Unzoned land

18 Unzoned land

(1) This section applies to land within the Redfern–Waterloo Authority sites that is not within a zone specified in section 7.

(2) Except as provided by this section, development is prohibited on land to which this section applies.

(3) Development for the purposes of public utility undertakings to which section 19(1) applies may be carried out on land to which this section applies without development consent.

(4) Development referred to in section 30 may be carried out on land to which this section applies with development consent.

19 Public utility undertakings excepted

19 Public utility undertakings excepted

(1) Development for the purposes of public utility undertakings that is carried out on land within the Redfern–Waterloo Authority Sites does not require development consent.

(2) Subsection (1) does not apply to development referred to in section 15(2)(a) or (c).

20 Subdivision—consent requirements

20 Subdivision—consent requirements

(1) Land within the Redfern–Waterloo Authority Sites may be subdivided, but only with consent.

Note.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision development as exempt development.

(3) Despite subsection (1), consent is not required for subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, except—

(a) in the case of a building to which Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies, or

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

20A Demolition requires development consent

20A 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 Chapter 2 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.

21 Height, floor space ratio and gross floor area restrictions

21 Height, floor space ratio and gross floor area restrictions

(1) The height of a building on any land that is the subject of the Height of Buildings Map is not to exceed the maximum height shown for the land on that map.

(1A) The height of a building on land identified as “Area A” on the Land Application Map may exceed the maximum height shown for the land on the Height of Buildings Map by up to 1m (the additional height) if the consent authority is satisfied the additional height—

(a) will only be used for rooftop plant or equipment, mechanical services or ducting, and

(b) will have minimal visual impact when viewed from the surrounding public domain, and

(c) will cause no more than minimal overshadowing on neighbouring premises and the surrounding public domain, and

(d) will not increase the gross floor area of the building.

(2) The floor space ratio of a building on any land that is the subject of the Floor Space Ratio Map is not to exceed the floor space ratio shown for the land on that map.

(2A) The gross floor area of a building on any land that is the subject of the Gross Floor Area Map, being land known as the Australian Technology Park, is not to exceed the gross floor area shown for the land on that map.

Note.

The total maximum floor space ratio for the land to which this subsection applies is equivalent to 2:1.

(3) This section applies only in relation to development where the Minister has not, in an approval for a concept plan for the development (whether given before or after the commencement of this section), provided for the construction of a building that exceeds the height, floor space ratio or gross floor area restrictions, or any combination of restrictions, set out in subsections (1), (2) and (2A).

22 Design excellence

22 Design excellence

(1) Consent must not be granted to a new building or to external alterations to an existing building unless the consent authority has considered whether the proposed development exhibits design excellence.

(2) In considering whether proposed development exhibits design excellence, the consent authority must have regard to the following matters—

(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b) whether the form and external appearance of the building will improve the quality and amenity of the public domain,

(c) whether the building meets sustainable design principles in terms of sunlight, natural ventilation, wind, reflectivity, visual and acoustic privacy, safety and security and resource, energy and water efficiency,

(d) if a competitive design process is held as referred to in subsection (3) in relation to the development, the results of the competitive design process.

(3) The consent authority may require a competitive design process for the erection of a building over 12 storeys high.

(4) In this section—

competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.

22A Design guidelines for State significant development

22A Design guidelines for State significant development

Development consent must not be granted to State significant development on land identified as “Area A” on the Land Application Map unless the consent authority has considered the Large Erecting Shop Design Excellence Strategy, published by the Department in June 2023.

23 Car parks

23 Car parks

(1) Development consent may not be granted for the purpose of car parks on land within the Business Zone—Business Park unless the consent authority is satisfied that the number of car parking spaces in that zone will not, as a result of the granting of consent, exceed 1,600 car spaces.

(2) The maximum number of car parking spaces on land identified as “Area A” on the Land Application Map is 2 car parking spaces intended only for the use of people with a disability.

(3) In this section—

car parking space means a space for the parking of motor vehicles, but does not include a place primarily used for the loading or unloading of goods.

23A Additional permitted uses for certain land

23A Additional permitted uses for certain land

Despite any other provision of Chapter 2, a person may, with development consent, carry out development for the purposes of information and education facilities and rail infrastructure facilities on land shown hatched on the Additional Permitted Uses Map.

24 Suspension of covenants, agreements and instruments

24 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land within any zone to be carried out in accordance with Chapter 2 or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) Nothing in subsection (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 section, the Governor approved of subsections (1) and (2).

24A Infrastructure development and use of existing buildings of the Crown

24A Infrastructure development and use of existing buildings of the Crown

(1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

(2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

24B Conversion of fire alarms

24B Conversion of fire alarms

(1) This section 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 subsection (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 section—

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.

25 Development to which Part applies

25 Development to which Part applies

The provisions of this Part do not apply with respect to development on land within the Redfern–Waterloo Authority Sites that is a transitional Part 3A project.

26 Notification of development

26 Notification of development

Subject to the Act and the regulations, notice of a development application for consent to carry out development on land within the Redfern–Waterloo Authority Sites is to be given in accordance with the provisions of the relevant community participation plan.

27 Heritage conservation

27 Heritage conservation

(1) A person must not, in respect of a building, work, relic, tree or place that is a heritage item—

(a) demolish, dismantle, move or alter the building, work, relic, tree or place, or

(b) damage or remove the relic, or

(c) excavate land for the purpose of discovering, exposing or moving the relic, or

(d) damage or despoil the tree or place, or

(e) erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or

(f) damage any tree or land on which the building, work or relic is situated on or on the land which comprises the place, or

(g) make structural changes to the interior of the building or work,

except with the consent of the consent authority.

(2) However, consent under this section is not required if the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

(a) is of a minor nature, or is for the maintenance of the heritage item, and

(b) would not adversely affect the significance of the heritage item.

(3) In this section, heritage item means a building, work, relic, tree or place that is indicated as a heritage item on the Heritage Map.

28 Preservation of trees or vegetation

28 Preservation of trees or vegetation

(1) The objective of this section is to preserve the amenity of the Redfern–Waterloo Authority Sites through the preservation of trees and other vegetation.

(2) This section applies to species or kinds of trees or other vegetation that are identified for the purposes of this section by a development control plan adopted by the consent authority.

Note.

A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner.

(3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—

(a) development consent, or

(b) a permit granted by the consent authority.

(4) The refusal by the consent authority to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the consent authority to grant consent for the carrying out of the activity for which a permit was sought.

(5) This section does not apply to a tree or other vegetation that the consent authority is satisfied is dying or dead and is not required as the habitat of native fauna.

(6) This section does not apply to a tree or other vegetation that the consent authority is satisfied is a risk to human life or property.

(7) A permit under this section cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item (within the meaning of section 27).

Note.

As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 27 will be applicable to any such consent.

(8) This section does not apply to or in respect of—

(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is a routine agricultural management activity within the meaning of that Act carried out on land to which that Act applies, or

(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or

(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.

29 Community use of educational establishments

29 Community use of educational establishments

(1) The objective of this section is to allow the use of educational establishments, including their site and facilities, for other community purposes.

(2) An educational establishment (including the site and facilities) may, with consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.

(3) Nothing in this section requires consent to carry out development on any land if that development could, but for this section, be carried out on that land without consent.

30 Temporary use of land

30 Temporary use of land

The consent authority may grant consent to the carrying out, on land within the Redfern–Waterloo Authority Sites, of development (other than designated development) for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

app.4 State significant precinct—North Head Federal Police Training site

Appendix 4 State significant precinct—North Head Federal Police Training site

section 2.7

app.5 State significant precinct—Barangaroo site

Appendix 5 State significant precinct—Barangaroo site

section 2.7

18A Development on “Area A”

18A Development on “Area A”

(1) The objective of this section is to ensure that the built form in Central Barangaroo maintains appropriate bulk and massing through the appropriate allocation of floor space above and below ground level (finished).

(2) This section applies to land identified as “Area A” on the Gross Floor Area Map.

(3) A building on land to which this section applies must not have a gross floor area of more than—

(a) for above ground level (finished)—90,106m2, and

(b) for below ground level (finished)—11,092m2.

app.6 State significant precinct—Wahroonga Estate site

Appendix 6 State significant precinct—Wahroonga Estate site

section 2.7

17A Demolition requires development consent

17A 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 Chapter 2 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.

25A Conversion of fire alarms

25A Conversion of fire alarms

(1) This section 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 subsection (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 section—

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.

app.7 State significant precinct—Sirius site

Appendix 7 State significant precinct—Sirius site

section 2.7

6A Subdivision—consent requirements

6A Subdivision—consent requirements

Land within the Sirius site may be subdivided, but only with development consent.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies certain subdivision as exempt or complying development.

app.8 Stage 1 Bays West Precinct

Appendix 8 Stage 1 Bays West Precinct

app.8-pt Land Use Table

Land Use Table

Zone E2 Commercial Centre

Zone MU1 Mixed Use

Zone SP1 Special Activities

Zone RE1 Public Recreation

Schedule 1 Development that may be carried out under a permit

Schedule 1 Development that may be carried out under a permit

(Section 3.5)

Appendix 1, hdg: Subst 2022 (835), Sch 2[8].

Amusement parks; art galleries; child care centres; commercial premises (other than premises used for pawnbroking or other forms of moneylending); car parking stations; charter boat facilities; convention centres; entertainment centres; exhibition centres; film, television and radio studios; hotels; light industries; markets; motels; museums; parks and gardens; places of assembly; places of public worship; professional consulting rooms; public buildings; public utility undertakings; recording studios; recreation facilities; refreshment rooms; residential buildings; serviced apartments; shops; theatre restaurants; utility installations.

Appendix 1: Am 2022 (629), Sch 3.14[6] [7]; 2022 (835), Sch 2[8].

Schedule 2 Definitions

Schedule 2 Definitions

(Section 4.6)

Appendix 2, hdg: Subst 2022 (835), Sch 2[9].

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of Chapter 4.

Act means the Environmental Planning and Assessment Act 1979.

Advertisement means a display of symbols, messages or other devices for commercial promotional purposes for conveying information or instructions or the like, whether or not the display includes the erection of a structure or the carrying out of a work, but does not include signage for the identification and naming of buildings and uses or directional or community information signage.

Affordable housing has the meaning given to that expression in Part 4.

Bays Precinct means the land shown edged heavy black on Map 2, Sheet 3.

Brothel means premises habitually used for the purpose of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

Business floor space means the part of the gross floor area of a building that is the subject of a business use.

Business use means any form of development carried out for a commercial or educational purpose, but does not include residential development or public utility undertakings.

City West Development Corporation means the Corporation having that name established under the Growth Centres (Development Corporations) Act 1974.

Community facility means a building or place that provides for the physical, social, cultural, religious, educational or intellectual development or welfare of the community, but does not include business floor space not directly related to its community function.

Conservation area means an area of heritage significance, being land identified on Map 4 as a conservation area.

Conservation management plan means a document which has been prepared in accordance with the provisions of the NSW Heritage Manual and which establishes the heritage significance of a heritage item and identifies conservation management policies and management mechanisms that are appropriate to enable that significance to be retained.

Conservation policy means the guidelines prepared by the Director-General for directing conservation management within a Precinct.

Demolition, in relation to a heritage item or any other building or structure, means its damaging, defacing, destruction, pulling down or removal.

Ecologically sustainable development means development that uses, conserves and enhances the community’s resources and energy so that the ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased.

Eveleigh Precinct means the land shown edged heavy black on Map 2, Sheet 2.

Floor space ratio of a building means the ratio of the gross floor area of the building to the site area.

Gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the inner faces of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding—

• columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and

• lift towers, cooling towers, machinery and plant rooms, and air conditioning and ventilation ducts, and

• ancillary car parking and any associated internal designated vehicular and pedestrian access thereto, and

• space for the loading and unloading of goods, and

• internal public areas such as arcades, atria and thoroughfares, and terraces and balconies with outer walls less than 1,400 millimetres high.

ground level (finished) has the same meaning as in the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

Height of a building, means the vertical distance measured in metres between the natural surface level of the ground on which the building is sited or, where the natural surface has been excavated, the land of the adjoining public domain, and the ceiling of the topmost habitable floor of the building above that point.

Heritage impact statement means a statement which identifies the heritage significance of a heritage item or conservation area, assesses the impact that the proposed work will have on this significance and details the measures proposed to minimise this impact.

Heritage item means a building, work, relic, tree or place identified on Map 4 as a heritage item and described in Schedule 4.

Heritage significance means historic, scientific, cultural, social, archaeological, natural or aesthetic significance.

Home occupation means any business use of a dwelling or its surrounding land, or both, but only by permanent residents of the dwelling, being a use that does not unreasonably interfere with the use of adjoining properties or the locality.

Map means a map deposited in the Head Office of the Department.

Map 1 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 1 (Second Edition)—City West Area”, as amended by the maps marked as follows—

Editorial note.

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Sydney Regional Environmental Plan No 26—City West. Map 1—City West Area (Amendment No 8)—1999 Update

Sydney Regional Environmental Plan No 26—City West. Map 1—City West Area (Amendment No 9)

Map 2 means the map marked “Sydney Regional Environmental Plan No 26—City West—Map 2”, consisting of the Sheets marked as follows—

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 1)

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 2)

Sheet 2—Eveleigh Precinct—Land Use Zones

Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Land Use Zones

Sheet 3—Bays Precinct—Land Use Zones

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Land Use Zones (Amendment No 9)

Map 3 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 3”, consisting of the Sheets marked as follows—

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 1)

Sheet 2—Eveleigh Precinct—Permissible Building Heights

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Permissible Building Heights (Amendment No 9)

Map 4 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 4”, consisting of the Sheets marked as follows—

Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation

Sheet 2—Eveleigh Precinct—Heritage and Conservation

Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Heritage and Conservation

Sheet 3—Bays Precinct—Heritage and Conservation

Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Heritage and Conservation (Amendment No 9)

Map 5 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 5”, consisting of the Sheets marked as follows—

Sheet 1—Ultimo-Pyrmont Precinct—Master Planning

Sheet 2—Eveleigh Precinct—Master Planning

Sheet 1 (1995 Update)—Ultimo-Pyrmont Precinct—Master Planning

Sheet 3—Bays Precinct—Master Planning

Sheet 1—Ultimo-Pyrmont Precinct—Master Planning (Amendment No 8)—1999 Update

Sheet 1—Ultimo-Pyrmont Precinct—Master Planning (Amendment No 9)

Map 6 means the map marked “Sydney Regional Environmental Plan No 26—City West. Map 6”, consisting of the Sheets marked as follows—

Sheet 1—Ultimo-Pyrmont Precinct—Non-Residential Development (Amendment No 9)

Master Plan means a Master Plan, as in force for the time being, adopted by the Minister.

Precinct means a precinct within City West established by Chapter 4 or any amendment of Chapter 4.

Public domain means land available for public use and includes streets, lanes, squares, playgrounds, parks, open shopping malls, pedestrian walkways and the like.

Public utility undertaking means any undertaking carried on by or under the authority of any Government department, or pursuant to any Commonwealth or State Act, for the purpose of—

• railway, light railway, road, water or air transport, or wharf or river undertakings, or

• the provision of sewerage or drainage services, or

• the supply of water, hydraulic power, electricity or gas, or

• telecommunications facilities.

Real estate sign means an advertisement of a temporary nature in respect of a place or premises to which it is attached which contains only a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting and is not displayed for more than 7 days after the sale or letting.

Recreational facility means a building or place used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain.

Residential development means the use of land for any form of housing, including housing leased on a short-term basis subject to the Residential Tenancies Act 1987, but does not include the use of land for a hotel, a hostel, an apartment hotel (being a building consisting of suites of rooms rented or hired out without being leased on a short-term basis), a boutique hotel, serviced apartments, backpacker accommodation, a motel or the like.

Standard Instrument means the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

Temporary use of Land for the Purpose of a School at Wentworth Park Map means the map marked “Sydney Regional Environmental Plan No 26—City West Temporary use of Land for the Purpose of a School at Wentworth Park Map”.

TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

Ultimo-Pyrmont Precinct means the land shown edged heavy black on Map 2, Sheet 1.

Urban development plan means an urban development plan, as in force for the time being, adopted by the Minister.

Appendix 2: Am 2022 (835), Sch 2[9].

sch 2: Am 2025 (610), Sch 1[4].

Schedule 3 Development not requiring consent

Schedule 3 Development not requiring consent

(Section 4.10)

Appendix 3, hdg: Subst 2022 (835), Sch 2[10].

The following development does not require consent if it would be permissible with consent had it not been included in this Schedule—

• Construction and use of aids to navigation, maintenance dredging by the Maritime Services Board and maintenance of mooring facilities.

• Development referred to in clause 35 (a), (b) or (c) of the Environmental Planning and Assessment Model Provisions 1980. (For the purposes of Chapter 4, nothing in clause 35 (a) of those Provisions authorises the demolition of a heritage item which is incidental or ancillary to any development without the need for development consent and the reference in clause 35 (c) of those Provisions to dwelling-houses includes a reference to any dwellings.)

• Demolition of the following (unless part of a heritage item)—

advertising structures, sheds, kiosks, garages, roof structures (such as plant rooms and cooling towers), shop fronts, internal walls and ceilings, partitions, stairs and ducts.

• Within the Glebe Island/White Bay area of the Port and Employment Zone—temporary structures associated with the port (such as hailnetting) and the maintenance and modification of existing structures; the erection and maintenance of port communication equipment; structures for or associated with the storage and processing of cargo; installation, modification and maintenance of utilities and service facilities.

• Installation, modification and maintenance of pipelines, landscaping, fencing and signage associated with the port.

• Subdivision associated with port operations.

• Demolition of wetland structures in the Port and Employment Zone.

• Erection and use of outdoor seating, adjoining tables and like furniture located in the public domain, associated with adjoining cafes, restaurants, bars and the like and required to be licensed by a public authority.

• Development for the purpose of real estate signs that is carried out consistently with any urban development plan.

• Development on land zoned Residential—Business for the purpose of business identification signs that are not erected on a heritage item, being development that is carried out consistently with any urban development plan.

• Erection and use of public furniture, planter boxes, lighting, bus shelters, public telephone booths or post boxes, or the carrying out of street planting, footpath widening or roadworks and the like, undertaken by or on behalf of a public authority.

• Erection and use of public furniture and carrying out of landscaping associated with existing public recreation areas, such as the erection of shade structures, children’s play equipment, barbecues, toilets and like furniture, but not including either the construction of club houses, swimming pools, gymnasiums or like recreational facilities or associated buildings or the erection of restaurants.

• Development of a heritage item or a building or work in a conservation area if, in the opinion of the consent authority, the proposed development is of a minor nature or comprises maintenance of the heritage item or building or work and would not adversely affect the heritage significance of the heritage item or its setting or the conservation area.

The development specified in this Schedule does not include development to which State Environmental Planning Policy (Infrastructure) 2007 applies.

Appendix 3: Am 2022 (835), Sch 2[10]; 2023 (291), Sch 1 [1]–[3]; 2023 (524), Sch 1.2[1]; 2023 (698), Sch 2.3[1] [2].

Schedule 4 Heritage items

Schedule 4 Heritage items

(Section 4.36)

Appendix 4, hdg: Subst 2022 (835), Sch 2[11].

Appendix 4: Am 2022 (835), Sch 2[11].

sch 4: Am 2022 (769), Sch 1[4].

Schedule 5 Complying development

Schedule 5 Complying development

(Section 6.6)

Appendix 5, hdg: Subst 2022 (835), Sch 2[12].

Appendix 5: Am 2022 (835), Sch 2[12]; 2023 (524), Sch 1.2[1]; 2023 (698), Sch 2.3[3]–[6]; 2025 (610), Sch 1[1]–[3].

Schedule 6 Exempt development

Schedule 6 Exempt development

(Section 6.6)

Appendix 6, hdg: Subst 2022 (835), Sch 2[13].

The development listed in this Schedule is exempt development, but only if any structure erected or altered as a consequence of the development—

(a) will comply with the deemed-to-satisfy provisions of the Building Code of Australia, and

(b) will not obstruct drainage of the site, and

(c) will not restrict any vehicular or pedestrian access to or from the site, and

(d) will be at least 1 metre from any easement or public sewer main, and

(e) will not require a tree to be removed, and

(f) will comply with the recommendations of the Green and Golden Bell Frog management plan and the wetlands environmental management plan.

Appendix 6: Am 2022 (835), Sch 2[13]; 2023 (524), Sch 1.2[2].

Schedule 7 Heritage items

Schedule 7 Heritage items

(Section 6.21 and Schedule 8)

Appendix 7, hdg: Subst 2022 (835), Sch 2[14].

| 212 West Botany Street, Banksia | Lot 1, DP 514811 | Market garden |

Appendix 7: Am 2022 (629), Sch 3.14[8]; 2022 (835), Sch 2[14]; 2023 (524), Sch 1.2[1]; 2023 (538), Sch 1; 2023 (698), Sch 2.3[7]–[11].

Schedule 8 Dictionary for Chapter 6

Schedule 8 Dictionary for Chapter 6

(Section 6.5 (1))

Additional Permitted Uses Map means the map marked “Sydney Regional Environmental Plan No 33—Cooks Cove—Additional Permitted Uses Map”.

advanced technology business means research and development or a business or activity that consists of, or is directly related to, the carrying out of research into, the manufacture, improvement, production, processing, assembly, marketing or sale of, or the provision of information services about or of other product or administrative support services related to, any of the following—

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

(b) information technology, computer software or hardware,

(c) instrumentation or instruments,

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

(e) telecommunications services, systems or components,

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

(g) advanced technology relating to the provision or distribution of energy,

(h) technology promoting ecologically sustainable practices, such as remediation of land.

advertising structure has the same meaning as in the Act.

alter, in relation to a heritage item, means—

(a) make structural changes to the outside of the heritage item, building or work,

(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes resulting from the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

centre-based child care facility has the same meaning as in the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

club means a building or place that is used for the gathering of persons for social, literary, political, sporting, athletic or other lawful purposes and that is or is intended to be registered under the Registered Clubs Act 1976.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used for a land use elsewhere specifically defined in this Dictionary.

commercial support premises means a building or place used as an office or for other business or commercial purposes such as a bank, building society or other building or a place in which business-orientated support services, such as photocopying, office services and supplies are provided.

community facility means a building or place owned or controlled by the Council, a public authority or a religious organisation, or a body of persons associated for the physical, social, cultural, economic, intellectual or religious welfare of the community, and used for a community purpose or for the purposes of the organisation concerned.

complying development is identified in section 6.6.

conservation management plan means a document, approved by the New South Wales Heritage Council, including diagrams, establishing the heritage significance of a heritage item and identifying the conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

contaminated land has the same meaning as in Part 7A of the Act.

demolition, in relation to a heritage item, building, work, relic or place, means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place, in whole or in part.

development has the same meaning as in the Act.

dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.

educational establishment has the same meaning as in the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

exempt development is identified in section 6.6.

flood prone land means land that is susceptible to flooding by a 1% Annual Exceedance Probability flood event.

gross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the inner face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, but excluding—

(a) columns, fin walls, shade devices, and any elements, projections or works outside the general lines of the outer face of the external wall, and

(b) lift towers, cooling towers, machinery and associated plant rooms, and ancillary storage space and vertical air conditioning ducts, and

(c) such car, coach and bicycle parking as is required to comply with any development control plan and any internal access to that parking, and

(d) space for the loading and unloading of goods, and any waste management areas, and

(e) common or public areas, including arcades and circulation space.

heritage impact statement means a statement which identifies the heritage significance of a heritage item or conservation area, assesses the impact that proposed development will have on this significance and details the measures proposed to minimise this impact.

heritage item means a building, work, relic, tree or place identified as a heritage item and described in Schedule 3.

heritage significance means historic, scientific, cultural, social, archaeological, natural or aesthetic significance.

hotel means premises, licensed under the Liquor Act 1982 to sell liquor, that provide accommodation for guests which is rented or hired on a short-term basis without a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987.

kiosk means a structure used for the provision of food and drink for the refreshment of users of the open space in which it is situated. The use must not be the dominant use of the open space.

leasable floor space of a building means the gross floor area of the building, excluding public access areas such as arcades and amenities, general loading docks and car parking areas.

map means a map deposited in the office of the Department, a copy of which is deposited in the office of the Council.

master plan means a master plan adopted by the Minister under section 6.13.

medical centre means a building or place used for the purpose of providing professional health care services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.

Minister means the Minister administering the Environmental Planning and Assessment Act 1979.

motel means a building (other than a boarding house or serviced apartments) primarily used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building is also used for the provision of meals to those travellers or the general public.

passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, and includes any facilities required for parking, manoeuvring, storage or routine servicing of any vehicle used to provide a passenger transport service.

place of assembly means a building or place used for functions, conferences, theatre, cinema, concerts, dances or any other similar thing, whether it is used for the purpose of gain or not, but does not include a place of public worship or an educational establishment.

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, instruction or religious training.

public transport facility means a building or place used for the purpose of providing passenger transport facilities to the general public, whether or not those facilities are provided by a public authority.

public utility undertaking means any services or facilities carried on by, or under the authority of, any Commonwealth or State government department or agency, or pursuant to any Commonwealth or State Act, for the purpose of providing—

(a) railway, light railway, road, water or air transport or facilities, or wharf or river services or facilities, or

(b) sewerage or drainage services, or

(c) water, hydraulic power, electricity or gas, or

(d) telecommunications facilities.

recreation area means—

(a) a children’s playground, or

(b) an area used for sporting activities, or

(c) an area used to provide for the physical, cultural or intellectual welfare of the community,

but does not include racecourses or showgrounds.

recreation facility means a building or place used exclusively for sporting or leisure activities, whether operating for the purpose of gain or not.

remediation of land means—

(a) removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or

(b) eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals onto the land).

research and development means activities carried out on a commercial basis that are aimed at advancing scientific knowledge for the purpose of applying it in an industry or aimed at creating new or improved materials, products, devices, processes or services (or at both advancing scientific knowledge for that purpose and creating any of those things), but only if the activities concerned—

(a) meet the research and development criteria of the Industry Research and Development Board of the Commonwealth for the purposes of a taxation concession under the Income Tax Assessment Act 1936 of the Commonwealth, or

(b) are being funded wholly or partly by a Commonwealth or State government research and development grant.

restaurant means a building or place used for the provision of food or drink (or both), whether or not for consumption on the premises, or for takeaway.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes—

(a) the hiring of trailers,

(b) the retail selling or the installing of spare parts and accessories for motor vehicles,

(c) the washing and greasing of motor vehicles,

(d) the repairing and servicing of motor vehicles (other than repairing or servicing involving body building, panel beating or spray painting).

serviced apartment means a self-contained dwelling (in a building containing three 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, bed and breakfast establishment or private hotel.

shop means a building or place used for selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Dictionary.

storey means—

(a) the space between two floors, or

(b) the space between any floor and its ceiling or roof above, or

(c) building foundation areas, garages, workshops, storerooms and the like, where the height between finished ground level and the top of the floor above is 1.5 metres or more.

A storey that exceeds 4 metres in height (otherwise than in an entry foyer or a part of the building used for exhibition space) is counted as two storeys, except in the case of a warehouse.

subdivision of land has the same meaning as in the Act.

the Act means the Environmental Planning and Assessment Act 1979.

the Cooks Cove site means the land to which this Chapter applies.

the Council means Rockdale City Council.

tourist facility means an establishment providing holiday accommodation, convention or exhibition facilities, or both, and may include—

(a) hotels, motels or serviced apartments, and

(b) conference, convention or trade exhibition facilities, and

(c) restaurants and function rooms.

trade-related enterprise means a business or government activity directly related to the carrying out of air, land or sea commerce, air passenger services or other trade, including the import or export of advanced technology goods or services, trade-related warehousing, customs agencies, freight forwarding, trade logistics and distribution, and time-sensitive goods processing.

wetlands means either naturally occurring or constructed areas that support wetland vegetation or fauna.

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

Zoning Map means the map marked “Sydney Regional Environmental Plan No 33—Cooks Cove—Zoning Map”.

Appendix 8: Ins 2022 (769), Sch 1[3]. Am 2023 (523), Sch 2.4[3]; 2023 (524), Sch 1.2[1]; 2023 (554), Sch 2.34.

Schedule 9 Heritage items

Schedule 9 Heritage items

Appendix 8, section 2

| Suburb | Item name | Address | Property description | Significance | | Rozelle | Sewerage pumping station | Roberts Street | Lot 2, DP 1277236 | Local | | Rozelle | White Bay Power Station | | Lot 380, DP 1277236 | Local |

sch 9: Rep 2021 (726), Sch 9. Ins 2022 (769), Sch 1[5].