This Plan sets the local land‑use rules for Strathfield: zoning and maps, a Land Use Table of permitted/prohibited uses, development standards (height, floor‑space ratio, lot sizes), heritage and environmental controls, exempt/complying development rules, and a Homebush TOD precinct with design, incentive and affordable‑housing requirements. It affects landowners, developers, Council (the consent authority) and public authorities. Developers bear compliance costs, possible contributions or covenants, and Council decides consents under mapped standards and design‑excellence tests (cl 1.6; cl 4.3; cl 4.4; cl 7.5).
This instrument is the local environmental plan (LEP) for Strathfield (Strathfield Local Environmental Plan 2012), bringing together zoning, development controls, mapped standards and a series of local provisions that operate under the Environmental Planning and Assessment Act 1979 (the Act) (cl 1.1, cl 2.2, cl 2.3). It commences 14 days after publication on the NSW legislation website (cl 1.1AA). The Plan:
establishes the land to which it applies by reference to a Land Application Map and a suite of technical maps that must be kept and made publicly accessible (cl 1.3, cl 1.7);
prescribes the consent authority, subject to the Act, as the Council (cl 1.6);
creates the Land Use Table and zoning framework that determines what uses are permitted without consent, permitted with consent, or prohibited in each zone (cl 2.1, cl 2.3; Land Use Table);
sets principal development standards including height limits, floor space ratios and minimum lot sizes, by specific maps and tables (cls 4.1, 4.3, 4.4, 4.5);
defines the circumstances in which exempt and complying development applies and excludes environmentally sensitive areas from such streamlined pathways (cls 3.1-3.3; Schedule 2; Schedule 3);
records a number of locational and operational local provisions: heritage controls (cl 5.10 and Schedule 5), flood planning and flood‑risk matters (cl 5.21), public bushland protection (cl 5.23), acid sulfate soils and earthworks rules (cls 6.1, 6.2), essential services requirements (cl 6.4), controls on signage (cl 6.6), and aquaculture controls (cl 5.19 and Schedule 6);
provides discrete precinct rules, notably the Homebush Transport Oriented Development (TOD) Precinct in Part 7 (cls 7.1-7.10), which layers a design guide, design excellence requirement, minimum site areas, public open space and network requirements, incentive floor space/height maps and an affordable housing contributions scheme (cls 7.3-7.10);
Current sections
Direct links to the current provisions in Strathfield Local Environmental Plan 2012.
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (621), Sch 3; 2022 (829), Sch 1.16[2]; 2026 (129), Sch 1[1].
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C2 Environmental Conservation
3
Permitted with consent
3 Permitted with consent
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Group homes; Health consulting rooms; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential care facilities; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Tank-based aquaculture; Water recycling facilities
4
Prohibited
4 Prohibited
4 Prohibited
Any development not specified in item 2 or 3
Part 3
Exempt and complying development
Part 3 Exempt and complying development
Part 3 Exempt and complying development
Part 4
Principal development standards
Part 4 Principal development standards
Part 4 Principal development standards
Part 5
Miscellaneous provisions
Part 5 Miscellaneous provisions
Part 5 Miscellaneous provisions
5
Relevant acquisition authority
5 Relevant acquisition authority
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State |
| Zone MU1 Mixed Use and marked “Classified road” | Transport for NSW |
| Zone RE1 Public Recreation and marked “Local open space” | Council |
| Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
| Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
| Zone SP2 Infrastructure and marked “Local road” | Council |
| Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works |
| 1 | Any works. |
| 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. |
| 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. |
| 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. |
| 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Part 7
Homebush Transport Oriented Development Precinct
Part 7 Homebush Transport Oriented Development Precinct
Part 7 Homebush Transport Oriented Development Precinct
pt 7: Ins 2019 (348), Sch 1 [6]. Rep 2023 (554), Sch 2.38[2]. Ins 2024 (595), Sch 2[7].
Division 1
General
Division 1 General
Division 1 General
pt 7, div 1: Ins 2024 (595), Sch 2[7].
7
Definitions
7 Definitions
7.1 Definitions
In this part—
Homebush TOD Precinct means the land to which this part applies.
Homebush Transport Oriented Development Precinct Design Guide means the Homebush Transport Oriented Development Precinct Design Guide published by the Department in November 2024.
cl 7.1: Ins 2019 (348), Sch 1 [6]. Rep 2023 (554), Sch 2.38[2]. Ins 2024 (595), Sch 2[7].
Division 2
Incentive floor space and building height for key sites
Division 2 Incentive floor space and building height for key sites
Division 2 Incentive floor space and building height for key sites
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
9
Species selection
9 Species selection
9 Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10
Pond design
10 Pond design
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.
(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11
Culture water
11 Culture water
11 Culture water
Must use freshwater.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Plan
1 Name of Plan
1.1 Name of Plan
This Plan is Strathfield Local Environmental Plan 2012.
1 Commencement
1 Commencement
1.1AA Commencement
This Plan commences 14 days after it is published on the NSW legislation website.
1 Aims of Plan
1 Aims of Plan
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Strathfield in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to achieve high quality urban form by ensuring that new development exhibits design excellence and reflects the existing or desired future character of particular localities and neighbourhoods in Strathfield,
(b) to promote the efficient and spatially appropriate use of land, the sustainable revitalisation of centres, the improved integration of transport and land use, and an appropriate mix of uses by regulating land use and development,
(c) to promote land uses that provide a wide range of employment, recreation, retail, cultural, service, educational and other facilities for the local community,
(d) to provide opportunities for economic growth that will enhance the local community,
(e) to promote future development that integrates land use and transport planning, encourages public transport use, and reduces the traffic and environmental impacts of private vehicle use,
(f) to identify and protect environmental and cultural heritage,
(g) to promote opportunities for social, cultural and community activities,
(h) to minimise risk to the community by identifying land subject to flooding and restricting incompatible development.
Strathfield Local Environmental Plan 2012 (New South Wales) | Zoe
includes mechanism-level decisions such as a power to suspend private covenants to the extent necessary to enable development consistent with the Plan (cl 1.9A), savings provisions for DAs lodged before certain commencements (cl 1.8A), and land classification/reclassification consequential to local government practice (cl 5.2; Schedule 4);
contains specific limits designed to shape uses, for example prohibition of canal estate development (cl 2.9), caps on the proportion of residential floor space in Strathfield Town Centre for large lots (cl 6.8), and prescribed limits on home business, home industry and other minor uses (cl 5.4).
Mechanically, the Plan is map‑driven: key thresholds and limits (zoning, height, FSR, lot sizes, incentive maps, active street frontages) are expressed on maps hosted on the NSW Planning Portal or in tables in the instrument (see cl 1.7; cl 4.3; cl 4.4; cl 7.9; cl 7.10). It neither sets its own criminal or pecuniary penalty schedule within the text, nor replaces the Act’s system of development assessment and enforcement; rather it allocates development rights and triggers consent requirements and conditions that the consent authority must apply (cl 1.6; cl 2.3; cl 3.1-3.2). The Plan cross-references several State instruments and other Acts that constrain or supplement its operation, for example State environmental planning policies (cl 1.9), the Heritage Act 1977 (cl 5.10), and various sectoral Acts referenced in particular clauses (see schedule and cross-references throughout).
In short, the LEP establishes the statutory entitlement and restriction framework for land use, identifies mapped capacity (height, FSR, minimum site areas), prescribes local process and documentation hooks (heritage management documents, design excellence evidence, design guide consideration) and creates a precinct-level incentive regime (Homebush TOD) that conditions additional height and floor space on meeting specific site assembly and public benefit tests.
Main concepts
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.
Who it affects
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.
Key duties and rights
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.
Penalties and enforcement
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.
How it interacts with other laws
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.
Amendment history
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).
Litigation history
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.
Gotchas
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.
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.
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.
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.
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.
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.
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)).
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)).
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.
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.
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.
“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.
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.
How to comply
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.
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).
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).
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)).
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).
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)).
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)).
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)).
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.
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).
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.
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)).
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)).
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).
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.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1 Notes
1 Notes
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1 Consent authority
1 Consent authority
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1 Maps
1 Maps
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1 Repeal of planning instruments applying to land
1 Repeal of planning instruments applying to land
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Strathfield Planning Scheme Ordinance
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1 Savings provision relating to development applications
1 Savings provision relating to development applications
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Homebush Transport Oriented Development Precinct) 2024 must be determined as if that policy had not commenced.
(3) An amendment made to this plan by Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025 does not apply to a development application made, but not finally determined, before the commencement of the amendment.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1 Suspension of covenants, agreements and instruments
1 Suspension of covenants, agreements and instruments
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
Part 2 Permitted or prohibited development
2 Land use zones
2 Land use zones
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C2 Environmental Conservation
cl 2.1: Am 2022 (829), Sch 1.16[1].
2 Zoning of land to which Plan applies
2 Zoning of land to which Plan applies
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2 Zone objectives and Land Use Table
2 Zone objectives and Land Use Table
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
2
1
Schedule 1 sets out additional permitted uses for particular land.
2
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
2
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
2
4
Clause 2.6 requires consent for subdivision of land.
2
5
Part 5 contains other provisions which require consent for particular development.
2 Unzoned land
2 Unzoned land
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2 Additional permitted uses for particular land
2 Additional permitted uses for particular land
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2 Subdivision—consent requirements
2 Subdivision—consent requirements
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2 Demolition requires development consent
2 Demolition requires development consent
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2 Temporary use of land
2 Temporary use of land
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity
This is an opening excerpt, not the complete document.