This Plan rests on several organising concepts that determine when and how private land use, development consent and public benefits interact.

Zoning and Land Use Table. The Plan divides land into standard land use zones (R2, R3, R4, E1-E4, MU1, SP1-SP2, RE1-RE2, C2), and the Land Use Table at Part 2 prescribes objectives, permitted-with-consent uses and prohibited uses for each zone (cl 2.1; cl 2.3; Land Use Table). The consent authority must have regard to zone objectives when determining DAs (cl 2.3(2)).

Maps drive numerical controls. Height, floor space ratio (FSR), minimum lot size and special precinct boundaries are set by maps (Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, Key Sites Map, Active Street Frontages Map, Affordable Housing Contribution Scheme Map and others) and referenced throughout the operative clauses (cl 1.7; cls 4.3, 4.4, 4.1; cls 7.2, 7.8). The Plan instructs that maps are to be maintained electronically or in paper form and made publicly accessible (cl 1.7(3)-(4)).

Development consent gatekeeping. Many actions require development consent: subdivision (cl 2.6(1)), demolition (cl 2.7), demolition and works affecting heritage (cl 5.10(2)), earthworks (cl 6.2(2)), and a broad range of land uses identified in the Land Use Table. Complying development and exempt development pathways exist, but they are expressly excluded on environmentally sensitive land (cl 3.1-3.3; Schedule 2; Schedule 3).

Principal development standards and exceptions. The Plan specifies minimum subdivision lot sizes (cl 4.1), minimum lot sizes for particular types of residential development and dual occupancies (cls 4.1A, 4.1B, 4.1C), maximum heights (cl 4.3) and FSR (cl 4.4). It provides for limited exceptions, for example additional FSR for Strathfield Town Centre areas where larger lots and design excellence are demonstrated (cl 4.4B), and also sets out the process by which a consent authority may permit contravention of a development standard where environmental planning grounds justify it, while recording certain exclusions where that flexibility does not apply (cl 4.6).

Heritage and environmental hooks. Heritage items and conservation areas are listed in Schedule 5 and subject to detailed consent and notification rules (cl 5.10). Environmental safeguards appear across the Plan: environmentally sensitive areas are excluded from exempt/compliant pathways (cl 3.3); the Plan requires flood‑risk compatibility assessments (cl 5.21) and acid sulfate soils management plans where works might disturb identified classes of acid sulfate soils (cl 6.1); public bushland is given special protection (cl 5.23).

Design excellence and precinct-level instruments. The Plan embeds qualitative design controls, including design excellence tests in both the Strathfield Town Centre (cl 6.7) and the Homebush TOD Precinct (cls 7.3-7.4). Those tests require consent authorities to be satisfied that development demonstrates high standard architectural, landscape and urban design, and, in some cases, that a competitive design process has been held (cl 6.7(3)-(6); cl 7.4(3)-(4)).

Incentives tied to public benefit. The Homebush TOD Division creates an incentive regime: specified Areas may seek additional height and floor space, but only if minimum site area and public benefit obligations (minimum publicly accessible open space, pedestrian links or roads) are met; consent authorities must be satisfied that these requirements will be met (cls 7.8-7.10). The Plan also allows the consent authority to impose an affordable housing contribution condition for qualifying residential development in the Homebush TOD Affordable Housing Contribution Area (cl 7.5).

Private covenant suspension. To enable compliance with mapped and consented development that the Plan authorises, the Plan suspends private covenants to the extent necessary to allow development consistent with the Plan, with explicit exceptions for council‑imposed covenants and several statutory conservation instruments (cl 1.9A).

Cross‑instrument dependence. The Plan repeatedly defers to or is qualified by State policies, the Act and other statutes: it is subject to SEPPs as per s 3.28 of the Act (cl 1.9), references BASIX and Building Code of Australia requirements for exempt/compliant development (cl 3.1(3), cl 3.2(3)(b)); and uses external guidance instruments such as the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual (cl 5.21(4)-(5)).

Together these concepts structure how private decisions (land assembly, design, allocation of floor space) convert into permitted development capacity, what public benefits are requisitioned in return for incentives, and which procedural and documentary steps developers must take to secure consent.

The Plan defines an ecosystem of decision‑makers, rights‑holders and contributors. The primary actors are:

• landowners and developers on land to which the Plan applies, who are the principal payers of compliance costs and contributors of design, dedication and financial obligations when they propose development that triggers consent requirements (cl 1.3; cl 2.2; cl 7.5);
• the consent authority, the Council, who decides DAs subject to the Act and who must apply the Plan’s zone objectives, mapped standards and local provisions (cl 1.6; cl 2.3(2));
• occupants and neighbours, who are the primary bearers of amenity impacts and consultees in many processes, for example where flood, heritage or public bushland matters are assessed (cls 5.21, 5.10, 5.23);
• State agencies and statutory authorities, who are explicitly referenced as acquiring authorities for land reserved for public purposes, or as relevant parties for development near infrastructure or on Crown land (cl 5.1; cl 5.12; cl 1.9A(3));
• Aboriginal communities, who must be notified and consulted for development affecting Aboriginal places of heritage significance (cl 5.10(8));
• Heritage Council and other advisory bodies, whose views must be sought where consent affects archaeological sites or nominated State heritage items (cl 5.10(7), (9));
• public authorities and utilities, which perform works that may be exempted from certain LEP consent requirements in limited circumstances such as emergency repairs or routine maintenance for acid sulfate soils (cl 6.1(5)) and infrastructure development permitted under relevant SEPPs (cl 5.12).

Who pays. Development applicants pay the direct costs of preparing the documentation the Plan requires: heritage management documents, heritage conservation management plans, acid sulfate soils management plans, design excellence submissions and, in the Homebush TOD, any affordable housing contribution in gross floor area or monetary equivalent (cls 5.10(5)-(6); cl 6.1(3); cl 6.7(4); cl 7.5(5)-(9)). Developers of “key sites” also bear the cost of meeting minimum public open space and pedestrian/road network obligations (cl 7.10). Council and State agencies bear the administrative cost of assessing DAs and maintaining and publishing maps and ancillary guidance (cl 1.7).

Who decides. The Council, acting as consent authority, exercises primary discretion to grant or refuse consent, but the Plan creates mandatory steps and assessment considerations that narrow that discretion: consent authorities must have regard to zone objectives (cl 2.3(2)), the Plan’s design excellence tests (cl 6.7(3); cl 7.4(3)), and specific prohibitions or minimums (for example cl 2.9 canal estate prohibition; cl 4.1 minimum lot sizes). Some decisions require consultation with or notification to other bodies (cl 5.10(7)-(9)).

What behaviour changes. The Plan changes developer behaviour by:

• making certain uses only permissible with consent, thereby creating a DA pathway and associated compliance costs (cl 2.3; Land Use Table);
• conditioning bonus height/FSR on site assembly and provision of public domain improvements in the TOD, incentivising land aggregation and on-site delivery of pedestrian links or public space (cls 7.8-7.10);
• requiring design excellence submissions and, for larger projects in the Town Centre, competitive design processes, thereby increasing pre‑application design and procurement efforts (cl 6.7(4)-(6));
• limiting smaller landholders’ ability to subdivide where lot sizes and minimum site areas are prescribed (cls 4.1, 4.1A-C; cl 7.9);
• limiting grounds on which consent may be refused for licensed premises playing or performing music, subject to noise manageability (cl 5.20).

Concentrated benefits and diffuse costs are visible in the instrument. Developers who can assemble large parcels that meet TOD minimum site areas (cl 7.9) can access higher incentive FSR and heights (cl 7.8). The broader community bears opportunity costs where that incentive is delivered by allocating site area to pedestrian links, public open space or roads rather than private saleable floor area (cl 7.10). Heritage owners face additional consent hurdles and possible conditions but have formal protections through the Plan (cl 5.10, Schedule 5). The Plan’s suspension of covenants (cl 1.9A) reallocates the balance between private restriction and statutory entitlement, potentially affecting owners and purchasers whose title contains private instruments that would otherwise bar development permitted by the LEP.

The Plan sets out a mixture of mandatory duties, discretionary duties of assessment, applicant obligations and limited rights for third parties. Key duties and rights are the following.

Consent authority duties. The consent authority (the Council, subject to the Act) must determine DAs in accordance with the Act and this Plan, and must have regard to the objectives for development in a zone when deciding applications (cl 1.6; cl 2.3(2)). Specific duties to consider or be satisfied about matters are set out in particular clauses: heritage significance and requirement for heritage management documents (cl 5.10(4)-(6)); flood compatibility and climate change impacts in flood planning areas (cl 5.21(2)-(3)); biodiversity impacts on mapped terrestrial biodiversity land (cl 6.11(3)-(4)); and compliance with acid sulfate soils management plans where works are on mapped classes (cl 6.1(2)-(4)).

Applicant duties. Applicants must provide the materials and satisfy the tests the Plan requires, for example:

• demonstrate compliance with deemed-to-satisfy provisions of the Building Code of Australia and BASIX/other regulatory requirements for exempt or complying development (cl 3.1(3)-(5); cl 3.2(3)(b));
• prepare acid sulfate soils management plans where works are on mapped classes, or provide a preliminary assessment and obtain written confirmation from the consent authority (cl 6.1(3)-(4));
• provide heritage management documents or heritage conservation management plans when required, and notify relevant parties for archaeological or Aboriginal sites as specified (cl 5.10(5)-(9));
• where relying on incentive height/FSR in the Homebush TOD, satisfy minimum site area requirements and make adequate provision for publicly accessible open space or access networks (cls 7.8-7.10);
• when proposing additional FSR in Strathfield Town Centre Areas 2 or 3, demonstrate lot area thresholds and, for higher FSR up to 7.5:1, satisfy design excellence criteria (cl 4.4B).

Rights and constraints on refusal. The Plan establishes both rights and limits on refusal:

• consent authority must not refuse licensed‑premises DAs on the grounds identified in cl 5.20(1) (genre, whether music is live/amplified, dancing, lighting, stage direction and decorations), and may not refuse on noise from music if satisfied noise can be managed to an acceptable level (cl 5.20(2));
• the Plan limits the scope of the exceptions clause designed to provide flexibility in development standards, by excluding certain standards from being varied under cl 4.6 (for example development standards for complying development, BASIX commitments and clauses such as 5.4 and 5.5 where listed).

Procedural constraints and notices. The Plan requires certain consultations and notices before consent can be granted: notification to the Heritage Council when proposed works affect non-State archaeological sites (cl 5.10(7)); written notification and consideration of responses for Aboriginal places (cl 5.10(8)); and notification for nominated State heritage item demolition (cl 5.10(9)). It also mandates that the Homebush TOD Design Guide be considered before consent (cl 7.3).

Rights to compensation or acquisition pathways. The Plan identifies the relevant state acquiring authority for owner-initiated acquisition under the Land Acquisition (Just Terms Compensation) Act 1991, by mapping types of reserved land to specific state authorities (cl 5.1). It further restricts development on land intended to be acquired for particular public purposes until acquisition occurs (cl 5.1A).

Private covenant suspension. The Plan gives the statutory power to displace private agreements that would otherwise prevent development authorised by the LEP, to the extent necessary, subject to specified exceptions including Council‑imposed covenants and certain conservation agreements and registered public authority rights (cl 1.9A(1)-(3)). The Governor’s prior approval is recorded as having been given before making the clause (cl 1.9A(4)).

Caveats on exemptions. Exempt and complying development cannot occur on environmentally sensitive areas defined in cl 3.3, which pulls many sensitive land categories out of streamlined pathways. The Plan also requires exempt development to meet BCA provisions and not be designated development, among other conditions (cl 3.1).

Administrative records and covenants to prevent double‑counting of FSR. When consolidated sites benefit from combined site area in FSR calculations, the consent authority may require a registered covenant to prevent “double dipping” by subsequent creation of floor area on a restricted lot, and the presence of such a covenant adjusts permitted floor area across consolidated sites (cl 4.5(9)-(10)).

Across these duties and rights the Plan balances mapped entitlements and mandatory protections, and places the burden on applicants to supply evidence, mitigation measures and, where required, public benefit delivery in order to obtain entitlements beyond base zoning.

The Plan itself sets consent triggers, assessment requirements and conditions, but it does not enact standalone criminal or pecuniary penalties within the text of the document. Enforcement and penalty mechanisms therefore operate through the Act and the broader regulatory framework that governs environmental planning, building and compliance in New South Wales. Relevant textual signposts in the Plan include:

• repeated cross-references to the Act as the primary statutory context for consent, maps, and the prerogative of the consent authority to grant or refuse development consent (cl 1.6; cl 2.3; cl 3.1-3.2);
• the Plan’s mapping and schedule entries create rights and restrictions that are enforceable as environmental planning instruments under the Act (see cl 1.1, cl 2.2 and the Land Use Table).

What the Plan requires of the reader is therefore procedural: to use the Plan to determine whether DA or other approvals are required, and to follow the Act’s enforcement avenues where development occurs without consent or in breach of consent conditions. The instrument does not replicate enforcement provisions such as infringement notices, penalty units, orders or offences; those mechanisms remain sourced to the Act and subordinate instruments.

Enforcement consequences are implied rather than enumerated. Because the Plan makes demolition, subdivision, earthworks and certain heritage works require development consent (cls 2.6-2.7; cl 6.2; cl 5.10), carrying out those works without consent will ordinarily engage the Act’s enforcement powers, including the ability of the consent authority to issue stop work orders, penalty notices, orders to remedy or restore, and to pursue proceedings in the appropriate jurisdiction. The Plan itself directs the consent authority’s assessment and conditions, but it does not set the penalty quantum or procedure.

Practical enforcement hooks in the Plan. The Plan provides procedural compliance mechanisms that will be used by consent authorities and litigants:

• mandated technical documents, such as acid sulfate soils management plans (cl 6.1(3)), heritage management documents (cl 5.10(5)), flood risk assessments (cl 5.21(2)-(3)), and design excellence submissions (cl 6.7(4); cl 7.4(4)), create clear documentary expectations that can be audited against DA conditions;
• registration of covenants to prevent floor space “double dipping” is an express option and therefore a tool for long-term compliance with FSR calculations (cl 4.5(9)-(10));
• the Plan authorises the Council to classify or reclassify public land and discharge certain trusts where specified and approved (cl 5.2(2)-(5)), which can affect land use rights and enforcement contexts.

Information and public access. The Plan obliges the maps to be kept and made publicly accessible in accordance with Ministerial arrangements and by publication on the NSW Planning Portal (cl 1.7(3); note following cl 1.7). That public access is an enforcement enabler because it allows scrutiny of mapped limits and public availability of the technical basis of decisions.

In short, the Plan establishes the rights and limits; enforcement, penalties and remedies rest with the Act and other statutes, and the Plan creates documentary and mapping obligations that the consent authority will use to enforce compliance through the Act’s available orders and sanctions.

The Plan is drafted as a local environmental instrument that sits inside a network of State policies, statutory regimes and technical guidelines. The instrument repeatedly cross‑references the Act, State environmental planning policies (SEPPs), sectoral laws, and technical guidance, defining its scope and exemptions.

Relationship with the Act and SEPPs. The Plan is subject to State environmental planning policies that prevail as provided by section 3.28 of the Act (cl 1.9(1)). The Plan explicitly disclaims the application of certain SEPPs to the land where specified (cl 1.9(2) , text omitted in body but the structure indicates subject-to-SEPP operation). The consent authority is the Council, subject to the Act (cl 1.6). Various clauses cite and rely on procedural provisions under the Act, for example the savings provision and DA determination sequencing (cl 1.8A; note following cl 1.8A referencing Division 3.5 of the Act).

Built‑form and sustainability regimes. The Plan requires compliance with Building Code of Australia deemed-to-satisfy provisions for exempt development and complying development (cl 3.1(3); cl 3.2(2)(b)), and it references BASIX commitments and regulations as standards the Plan will not allow contraventions of under cl 4.6(8). These references mean that applicants must coordinate LEP compliance with building, energy and sustainability obligations under separate instruments.

Heritage and Aboriginal heritage. Heritage regulation interacts directly with the Heritage Act 1977. The Plan requires consent for demolition or alterations to heritage items and for work likely to disturb archaeological relics or Aboriginal places, and imposes notification and consultation steps with the Heritage Council and local Aboriginal communities (cl 5.10(2), (5)-(9)). The Plan also lists heritage items and conservation areas in Schedule 5, giving effect to heritage protection in the local planning instrument.

Crown and Crown land instruments. The Plan’s suspension of covenants (cl 1.9A) contains carve-outs for relevant instruments within the meaning of section 13.4 of the Crown Land Management Act 2016 and for conservation agreements under the National Parks and Wildlife Act 1974, and records that the Governor approved the clause under s 3.16 of the Act (cl 1.9A(2)-(4)). The Plan also preserves public authority rights under registered instruments (cl 1.9A(3)), showing an interaction with Crown interests and registered encumbrances.

Land acquisition and public land classification. Clause 5.1 identifies the State authority that will be the relevant authority to acquire land under the owner-initiated acquisition provisions of the Land Acquisition (Just Terms Compensation) Act 1991, and cl 5.1A restricts development on land intended to be acquired until acquisition occurs. Clause 5.2 interacts with the Local Government Act 1993 concerning classification and reclassification of public land and discharging trusts (cl 5.2 and Schedule 4).

Environment, water and fisheries law. Aquaculture provisions refer to the Fisheries Management Act 1994 and aquaculture industry development plans and the NSW Oyster Industry Strategy (cl 5.19). The Plan’s exclusions for environmentally sensitive areas reference the Coastal Management Act 2016, Marine Parks Act 1997 and other environmental laws (cl 3.3). Acid sulfate soils provisions require adherence to the Acid Sulfate Soils Manual and cross-reference the Manual as the technical standard (cl 6.1).

Bushfire and rural fire law. The Plan states that bush fire hazard reduction work authorised under the Rural Fires Act 1997 may be carried out without development consent (cl 5.11), and notes the Rural Fires Act also makes provision relating to development on bush fire prone land.

Roads, transport and infrastructure. The Plan acknowledges State SEPPs for transport and infrastructure (Land Use Table notes), and the Homebush TOD provisions require coordination with an access network and public open space, implicating road rules and the Road Rules 2014 for shared zones (cl 7.10(2)).

Guidelines and manuals. The Plan requires consent authorities to take account of external guidance documents: the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual for flood planning and risk assessment (cl 5.21(4)-(5)); the Design Competition Guidelines for competitive design processes tied to design excellence (cl 6.7(8)); and the Homebush TOD Design Guide which must be considered for development in the precinct (cl 7.3).

In practice, a development proposal will typically require coordination across the LEP, the Act, SEPPs, the Building Code, heritage statutes, Crown land instruments, flood and bushfire guidelines, and any sectoral licences (fisheries, water, etc.). The Plan makes that coordination explicit, specifying when its own rules yield to State policies and when external approvals or exemptions must be obtained.

The instrument carries a history of insertions, amendments and repeals recorded in the margins of many clauses. The Plan as provided records multiple amendment events; the notable items expressly recorded in the instrument include:

• Part 7 Homebush TOD Precinct: inserted and amended in stages. The Part was inserted in 2019 (Ins 2019 (348), Sch 1[6]); repealed in part 2023 (Rep 2023 (554), Sch 2.38[2]); and re-inserted or altered in 2024 (Ins 2024 (595), Sch 2[7]). The Part includes definitions, a precinct Design Guide reference and an incentive framework (cl 7.1-7.10).
• Clause 1.8A (savings re DAs): amended in 2019, 2024 and 2025 as recorded in the clause note (cl 1.8A: Am 2019 (621), Sch 5[1]; 2024 (595), Sch 2[1]; 2025 (597), Sch 12[1]).
• Clause 1.9A (suspension of covenants): inserted or amended in 2019 (cl 1.9A: Am 2019 (621), Sch 5[2]-[4]).
• Zone list updated in 2022: clause 2.1 shows an amendment recorded as Am 2022 (829), Sch 1.16[1].
• Clause 4.1 Minimum subdivision lot size: amended in 2026 (cl 4.1: Am 2026 (129), Sch 1[2]).
• Clause 4.1A (minimum lot sizes for certain residential forms), and other lot-size provisions show amendments in 2022 and 2026 (cl 4.1A: Am 2022 (829), Sch 1.16[3]; 2026 (129), Sch 1[3]). Clause 4.1B and 4.1C relating to dual occupancies in Zone R2 were inserted in 2025 (cl 4.1B/C: Ins 2025 (597), Sch 12[2]).
• Clause 4.4 (FSR) has an amendment in 2024 (cl 4.4: Am 2024 (595), Sch 2[2] [3]); clause 4.4A is repealed in 2024 (note).
• Clause 6.7 (Design excellence for Strathfield Town Centre) shows amendments recorded in 2023 (cl 6.7: Am 2023 (523), Sch 1.12[1] [2]; 2023 (698), Sch 1.10[1]-[3]).
• Clause 5.1 (relevant acquisition authority) amended in 2022 and 2024 (cl 5.1: Am 2022 (829), Sch 1.16[4]; 2024 (595), Sch 2[4]).
• Clause 5.23 (public bushland) was inserted in 2022 (cl 5.23: Ins 2022 (629), Sch 2[1]).
• Schedule and Schedule 5 entries carry multiple amendments across years (for example sch 5 amended 2014, 2015, 2016, 2026 per schedule note).

These in-text amendment notes are the only authority the Plan itself provides for its revision history. They indicate an iterative process of periodic updating to respond to policy priorities: introduction of precinct-level incentive and design regimes (Homebush TOD), refinement of lot size and dual occupancy thresholds, insertion of public bushland protections, and adjustments to FSR/height rules. The instrument records the dates and schedule references for each amendment event as marginal notes, and those are the legal indicia of amendment contained within the Plan.

The Plan also documents repeals of prior local environmental plans that applied only to the land now covered by this Plan and the cessation of their application to the land (cl 1.8).

Users should check the consolidated Plan and the NSW Planning Portal for the formal timeline and the full text of amending instruments referred to in the clause notes. The Plan requires maps and external guidelines to be maintained and updated, and those updates can materially alter the operation of clauses that reference mapped standards (cl 1.7).

The instrument itself does not record any litigation history or list judicial or tribunal decisions. There are no cases named within the text. The Plan contains procedural and substantive hooks,such as the consent authority’s obligations, heritage notification requirements, and controls on development standards (cl 2.3; cl 5.10; cl 4.6),that can and do give rise to merits review or judicial review under the Act in practice, but the Plan does not include or summarise any litigation outcomes.

Accordingly, based solely on the instrument before you, there is no litigation history to cite. Practitioners seeking relevant case law or tribunal decisions on the Plan’s application should consult the NSW Land and Environment Court, planning tribunal records, and published judgments for decisions that interpret or apply the Plan’s provisions. The instrument’s internal cross-references (for example to the Act, to SEPPs and to external guidance) should be followed in researching any authority or case law that addresses the interplay between the Plan and those instruments.

This Plan contains several specific provisions and implementation dependencies that create practical compliance traps and points that require attention before lodging or deciding a development application.

1. Map dependence and external documents. Many operative limits are implemented on maps or external documents that are not printed in the LEP text (Height of Buildings Map, Floor Space Ratio Map, Lot Size Map, Land Zoning Map, Key Sites Map, Active Street Frontages Map, Affordable Housing Contribution Scheme Map, Terrestrial Biodiversity Map, Acid Sulfate Soils Map, Homebush TOD Design Guide, Design Competition Guidelines, Considering Flooding Guideline). The Plan repeatedly requires reliance on those materials (cl 1.7; cls 4.3, 4.4; cl 7.3; cl 5.21). Practitioners must check the current maps and published design guides on the NSW Planning Portal and the Department’s websites; failing to do so risks misunderstanding applicable limits or omitted conditions.

2. Savings and transitional timing rules. The savings provision in cl 1.8A creates different rules for DAs lodged but not finally determined before specified instrument commencements. For example, a DA made before commencement of this Plan and not finally determined must be determined as if this Plan had not commenced (cl 1.8A(1)). There are also savings for DAs affected by the State Environmental Planning Policy Amendment (Homebush TOD) 2024 and an amendment referenced in 2025; those transitional rules can determine which rules apply to an application. Check cl 1.8A closely to determine which instrument governs a specific DA.

3. Suspension of covenants is limited not absolute. Clause 1.9A suspends covenants to the extent necessary to enable development under the Plan, but explicitly excludes covenants imposed by the Council, certain Crown land instruments, conservation agreements, biobanking agreements, and planning agreements (cl 1.9A(2)(a)-(g)). The clause also preserves registered public authority rights (cl 1.9A(3)). If a land title contains a covenant of the excluded type, the LEP cannot displace it.

4. Subdivision restrictions for secondary dwellings. Clause 2.6(2) prevents subdivision of land containing a principal and secondary dwelling if the subdivision would separate them unless the resulting lots meet mapped minimum sizes shown on the Lot Size Map. The definition of secondary dwelling in the Dictionary requires the secondary dwelling to be on the same lot as the principal dwelling, so this interplay can defeat intended strata or lot-split strategies unless the mapped minimum lot sizes are observed.

5. Exempt and complying development exclusions. The Plan excludes exempt or complying development on environmentally sensitive areas listed in cl 3.3. If land lies within mapped biodiversity, coastal wetlands, Ramsar areas or within 100 metres of such features, the streamlined pathways are unavailable.

6. Design excellence procedural obligations. Where the Plan requires design excellence (cl 6.7 for Strathfield Town Centre; cl 7.4 for Homebush TOD), consent cannot be granted unless the consent authority is satisfied the development exhibits design excellence. For certain large projects in Area 2, a competitive design process is mandatory unless specified exceptions apply (cl 6.7(5)). Developers must budget for design competitions or to meet the documentation required to demonstrate design excellence; the Plan references external Design Competition Guidelines (cl 6.7(8)).

7. Trade-offs in incentive regimes. The Homebush TOD incentives allow increased height and FSR only if minimum site area thresholds are met and the development includes minimum areas of publicly accessible open space, pedestrian links or roads (cls 7.8-7.10). These requirements incentivise consolidation of sites, which benefits large assemblers but constrains smaller owners, and they require the developer to allocate significant site area to non-saleable uses (cl 7.10(1)).

8. Affordable housing contribution mechanism scope and valuation. Clause 7.5 authorises the consent authority to impose an affordable housing contribution in gross floor area terms or permit monetary equivalents, with the rate of monetary equivalence to be calculated by reference to market values. The clause restricts the contributions to certain development types and areas and excludes boarding houses and public/ community housing. The valuation method is left to market evidence and consent authority discretion (cl 7.5(5)-(8)), creating potential negotiation and valuation disputes.

9. Music and licensed premises. Clause 5.20 forbids refusal of consent on fine-grained artistic grounds (music genre, whether live or amplified, dancing, stage orientation, lighting/decor). However, the consent authority may still refuse on amenity grounds if it is not satisfied that noise can be managed to an acceptable level (cl 5.20(2)). Applicants for licensed premises must therefore provide credible noise management evidence rather than rely on the automatic protection of artistic aspects.

10. Heritage notification obligations with short time windows. For archaeological sites and Aboriginal places, the consent authority must notify the Heritage Council or local Aboriginal communities and consider responses within statutory 28‑day windows (cl 5.10(7)-(9)). Failure to allow or to consider those responses properly can taint a DA decision.

11. “Double dipping” risk in FSR calculations. The Plan allows covenants to be registered to prevent creation of floor area on a restricted lot after consolidated development has used it in FSR calculations (cl 4.5(9)-(10)). Applicants should consider requesting such covenants or expect the consent authority to impose them as a condition, which affects transferability and future development rights.

12. No standalone penalties listed. The Plan does not itself prescribe infringements or penalty units; enforcement is by the Act and other statutes. Practitioners must therefore link unauthorised activity to the Act’s enforcement regime rather than to any LEP-specific penalty schedule.

In short, compliance requires checking up-to-date maps and design guides, confirming which instrument and version apply to a DA given savings rules, planning for design excellence and possible design competitions, assembling sites to meet TOD minimum site areas, and preparing technical reports (flooding, heritage, soils) to satisfy the specified documentary tests.

This section outlines a practical checklist grounded in specific clauses of the Plan. It is aimed at practitioners preparing applications, responding to conditions, or advising owners and developers.

1. Confirm the applicable map-based controls first (cl 1.7). Identify:

   • the zoning (Land Zoning Map) and the Land Use Table applicable uses (cl 2.2; cl 2.3);
   • the Height of Buildings Map and Floor Space Ratio Map applicable to the site (cls 4.3, 4.4);
   • the Lot Size Map and any Lot Size for Dual Occupancy Development Area Map (cls 4.1; 4.1B-C);
   • whether the site is within any precincts or mapped areas such as Homebush TOD, Active Street Frontages, Terrestrial Biodiversity or Acid Sulfate Soils Maps (cls 7.2; 7.6; 6.1; 6.11).

2. Determine whether the proposal is permitted without consent, permitted with consent or prohibited under the Land Use Table and zone objectives (cl 2.3; Land Use Table). If permitted with consent, check specific local provisions that may apply (heritage, flood, biodiversity, public bushland, acid sulfate soils, earthworks).

3. Check exempt and complying pathways (cl 3.1-3.2; Schedule 2; Schedule 3), and whether the site lies in an environmentally sensitive area that excludes those pathways (cl 3.3). If relying on exempt/compliant development, ensure compliance with the Building Code of Australia and any BASIX commitments or council approvals required by other Acts (cl 3.1(3); cl 3.2(3)).

4. For development requiring consent, compile the mandatory technical and assessment documents identified in the Plan:

   • heritage management document or heritage conservation management plan if the site contains a heritage item or lies within a heritage conservation area (cl 5.10(5)-(6); Schedule 5);
   • acid sulfate soils management plan where works fall within mapped classes, or a preliminary assessment with written confirmation from the consent authority (cl 6.1(2)-(4));
   • flood assessment consistent with the Considering Flooding in Land Use Planning Guideline and the Flood Risk Management Manual where the site lies within a flood planning area (cl 5.21(3)-(5));
   • biodiversity assessment and avoidance/minimisation/mitigation measures for land shown on the Terrestrial Biodiversity Map (cl 6.11(2)-(4));
   • earthworks management statement addressing drainage, stability, source/destination of fill, potential for relic disturbance and measures to avoid or mitigate impacts (cl 6.2(3));
   • essential services demonstration showing availability or arrangements for water, electricity, sewage, stormwater and vehicle access (cl 6.4).

5. If the proposal relies on design excellence or is in a design-excellence area:

   • ensure the Homebush TOD Design Guide is considered and demonstrated where Part 7 applies (cl 7.3);
   • provide documented evidence that the proposal meets the design excellence criteria in the appropriate clause for Strathfield Town Centre or Homebush TOD (cl 6.7(4); cl 7.4(4));
   • for certain large Town Centre projects, run or participate in a competitive design process in accordance with the Design Competition Guidelines unless an exception applies (cl 6.7(5)-(6); cl 6.7(8)).

6. If seeking incentive floor space or height in the Homebush TOD:

   • verify the site meets the minimum site area for the relevant Area as set out in cl 7.9;
   • demonstrate that the development will deliver the minimum amount of publicly accessible open space, pedestrian links or roads required for that Area (cl 7.10(1));
   • be prepared to show how the access network and recreation areas will be configured to allow the level of connectivity required; the consent authority must be satisfied that the requirements will be met (cl 7.8(4)).

7. Affordable housing contributions in Homebush TOD:

   • for qualifying residential development that results in >200m2 of residential gross floor area in the mapped Affordable Housing Contribution Area, be prepared to accept a condition requiring a contribution in gross floor area or a monetary equivalent (cl 7.5(2), (5)-(7));
   • ensure valuation evidence is supplied to support any monetary equivalence sought, as the clause permits calculation of the monetary rate by reference to market value (cl 7.5(8)).

8. If property titles contain private covenants that would prevent the proposed development, review cl 1.9A: the Plan can suspend covenants to the extent necessary to enable development consistent with the Plan, but not where the covenant is one of the listed exceptions such as a Council‑imposed covenant or specific conservation agreements (cl 1.9A(1)-(3)). If in doubt, obtain legal advice and seek written confirmation from the consent authority on the interaction.

9. Prepare noise management strategies for licensed premises. While artistic aspects such as genre and live performance cannot be grounds for refusal (cl 5.20(1)), the consent authority may refuse if noise cannot be managed to an acceptable level; include acoustic modelling and mitigation proposals to satisfy cl 5.20(2).

10. Address subdivision-related constraints. If subdivision is proposed on land with existing secondary dwellings, ensure the lot sizes after subdivision meet the mapped minimums and comply with cl 2.6(2) and the definitions of secondary dwelling.

11. Anticipate covenant requirements to prevent FSR “double dipping”. If the development uses consolidated site area in FSR calculations, expect consent conditions requiring registration of covenants that limit future additional floor area on the restricted lot, and understand that such covenants will alter the allocation of permitted floor area across the consolidated site (cl 4.5(9)-(10)).

12. Notification and consultation obligations. Where heritage, archaeological or Aboriginal heritage is engaged, allow time and budget for the statutory notifications and responses that the Plan requires and consider pre‑application consultation with the Heritage Council or local Aboriginal communities (cl 5.10(7)-(9)).

13. Pre‑application engagement with Council and other agencies. Given the Plan’s cross-references to SEPPs, the Act and multiple external guidelines, early engagement with the consent authority, Transport for NSW (where relevant), Heritage Council, local Aboriginal groups and State agencies is advisable to clarify maps, interpretation of the Plan’s local provisions, and any acquisition or classification issues that might affect development (cl 5.1; cl 5.2).

14. Check for current amendments and consolidated instruments. The Plan includes numerous amendment notes; confirm you are working from the consolidated LEP and the current versions of referenced maps and design guides as published on the NSW Planning Portal (cl 1.7; amendment notes at the end of many clauses).

Following this checklist will not eliminate all planning risk, but it aligns the application materials with the specific documentation and substantive tests the Plan imposes. The Plan’s emphasis on mapped limits, design excellence, public benefit tied to incentive yield, heritage safeguards and environmental constraints means that robust technical reports, careful site assembly and early consultation materially reduce the chance of refusal or appeals based on procedural defects or insufficient evidence.