Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this Plan does (mechanics)
The Sutherland Shire Local Environmental Plan 2015 (the Plan) sets local land‑use rules for the Sutherland Shire. It does so by: zoning land (Part 2, cl 2.1–2.3), adopting maps that show where zones, floor‑space ratios, heights, lot sizes and local overlays apply (cl 1.7; cl 2.2; mappings throughout Parts 4–6), and listing what uses are permitted, permitted with consent, permitted without consent (exempt) and prohibited (Land Use Table in Part 2).
The Plan makes the local council the consent authority for most development (cl 1.6) and sets when development consent is required (for example for subdivision (cl 2.6) and demolition (cl 2.7)), and when development can be carried out without consent as exempt or as complying development (Part 3, cl 3.1–3.3 and Schedules 2–3).
It fixes principal development controls: minimum lot sizes and subdivision rules (cl 4.1, 4.1AA–4.1E), maximum building heights (cl 4.3), floor‑space ratios (cl 4.4–4.5), and specific density exemptions or bonuses for certain mapped areas (cl 4.3(2E), cl 4.4(2A), cl 4.5A). It also contains standard exception rules allowing flexibility where the consent authority is satisfied (cl 4.6).
The Plan adds a long list of local provisions that control environmental risks and values: flooding and flood planning (cl 5.21–5.22), public bushland protection (cl 5.23), stormwater and earthworks (cl 6.4, cl 6.2), acid sulfate soils (cl 6.1), and various biodiversity, riparian and natural landform protections tied to mapped “Environmentally Sensitive Land” overlays (cl 6.5–6.8).
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Direct links to the current provisions in Sutherland Shire Local Environmental Plan 2015.
Part 1 Preliminary
Part 2 Permitted or prohibited development
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
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.6[1]–[3].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
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
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2016 (167), Sch 1 [1]; 2017 (396), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (295), Sch 1[1]; 2022 (314), Sch 1; 2022 (857), Sch 1.6[4]–[6].
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 E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone SP4 Enterprise
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W4 Working Waterfront
3 Permitted with consent
Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Multi dwelling housing; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
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 R4 High Density Residential and marked “Local road” | Council | | 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 “Railway corridor” | RailCorp | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
(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.
cl 5.1: Am 2022 (857), Sch 1.6[9].
Part 6 Local provisions
6.1 Acid sulfate soils
(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—
(a) 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, and
(b) the consent authority is satisfied that any disturbance of acid sulfate soils resulting from the works will be managed so as to minimise adverse impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities.
(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.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2016 (821), cl 5; 2017 (384), Sch 1 [6]; 2017 (396), Sch 1 [6] [7]; 2019 (54), Sch 1 [3] [4]; 2019 (621), Sch 2.35; 2020 (295), Sch 1[9]; 2022 (369), Sch 1[2]; 2022 (857), Sch 1.6[16]–[21]; 2023 (445), cl 5.
7 Use of certain land at 15 The Avenue and 23, 27, 29 and 31 Nirimba Crescent, Heathcote
(1) This clause applies to the following land in Heathcote—
(a) 15 The Avenue, being Lot 10, DP 1110571,
(b) 23, 27, 29 and 31 Nirimba Crescent, being Lots 60 and 62–64, DP 31803.
(2) Development for the purposes of seniors housing is permitted with development consent.
8 Use of certain land at 121 Georges River Road, Jannali
(1) This clause applies to land at 121 Georges River Road, Jannali, being Lot 2, DP 205183.
(2) Development for the purposes of a medical centre and shop top housing is permitted with development consent.
9 Use of certain land at 97 Soldiers Road, Jannali
(1) This clause applies to land at 97 Soldiers Road, Jannali, being Lot 16, DP 20055.
(2) Development for the purpose of multi dwelling housing is permitted with development consent.
10 Use of certain land at 1–3 Waratah Street (487 Princes Highway), Kirrawee
(1) This clause applies to land at 1–3 Waratah Street (also known as 487 Princes Highway), Kirrawee, being Lot 40, DP 790839.
(2) Development for the purpose of a service station is permitted with development consent.
11 Use of certain land at 5–17 Waratah Street, Kirrawee
(1) This clause applies to land at 5–17 Waratah Street, Kirrawee, being Lots 37–41, DP 16900 and Lots 42A and 43B, DP 388434.
(2) Development for the purpose of a vehicle sales or hire premises is permitted with development consent.
12 Use of certain land at 1 Pitt Street, Loftus
(1) This clause applies to land at 1 Pitt Street, Loftus, being Lots 1 and 2, DP 1064223 and Lot 1138, DP 752064.
(2) Development for the purpose of tourist and visitor accommodation is permitted with development consent.
13 Use of certain land at 84 Kareena Road, Miranda
(1) This clause applies to land at 84 Kareena Road, Miranda, being Lot 9A, DP 420748.
(2) Development for the purpose of a health services facility is permitted with development consent.
14 Use of certain land at 870, 870A, 872 Old Princes Highway, Sutherland
(1) This clause applies to land at 870, 870A and 872 Old Princes Highway, Sutherland, being Lot 1, DP 120503, Lot 1, DP 120773 and Lot 1, DP 1061715.
(2) Development for the purpose of hotel or motel accommodation is permitted with development consent.
15 Use of certain land at 24 Rawson Avenue, Sutherland
(1) This clause applies to land at 24 Rawson Avenue, Sutherland, being part of Lot 7023, DP 1027162 and identified as “15” on the Additional Permitted Uses Map.
(2) Development for the purpose of a respite day care centre is permitted with development consent.
16 (Repealed)
17 Use of certain land at 101–119 Princes Highway, Sylvania
(1) This clause applies to land at 101–119 Princes Highway, Sylvania, being Lots 1 and 2, DP 21894, Lots E and F, DP 392702, Lot 1, DP 866976, Lot 101, DP 1039848 and Lot 1, DP 1086397.
(2) Development for the purpose of multi dwelling housing is permitted with development consent.
18 Use of certain land at 414–416 Princes Highway, Sylvania
(1) This clause applies to land at 414–416 Princes Highway, Sylvania, being Lot 16, DP 700140.
(2) Development for the purpose of a service station is permitted with development consent.
19 Use of certain land at Taren Point in Zone W4
(1) This clause applies to land at 2–14 Atkinson Road and 13, 15, 15A, 17–21 Mangrove Lane, Taren Point, being Lots 1–19, SP 60871, Lot 132, DP 737027, Lots 1–3, SP 73897, Lot 2, DP 1075552 and Lot 100, DP 1103290.
(2) Development for the purpose of maritime activities is permitted with development consent.
(3) In this clause, maritime activities means maritime-based industries or commercial activities that depend on direct access to a navigable waterway and includes boat repairing, marinas and yacht clubs.
20 Use of certain land at 2–14 Atkinson Road, Taren Point
(1) This clause applies to land at 2–14 Atkinson Road, Taren Point, being Lots 1–19, SP 60871.
(2) Development for the purpose of a warehouse or distribution centre is permitted with development consent.
21 Use of certain land at 31 Bay Road, Taren Point
(1) This clause applies to land at 31 Bay Road, Taren Point, being part of Lot 22, DP 715660 and identified as “21” on the Additional Permitted Uses Map.
(2) Development for the purpose of seniors housing is permitted with development consent.
22 Use of certain land at 1780–1788 Princes Highway, Waterfall
(1) This clause applies to land at 1780–1788 Princes Highway, Waterfall, being Lot 1000, DP 823991.
(2) Development for the purposes of multi dwelling housing and an animal boarding or training establishment is permitted with development consent.
23 Use of certain land at 449 Captain Cook Drive, Woolooware
(1) This clause applies to land at 449 Captain Cook Drive, Woolooware, being Lot 11, DP 1148476.
(2) Development for the purpose of a service station is permitted with development consent.
24 Use of certain land at 100 Woolooware Road, Woolooware
(1) This clause applies to land at 100 Woolooware Road, Woolooware, being Lot 2, DP 509957.
(2) Development for the purpose of a service station is permitted with development consent.
25 Use of certain land at 131 Prince Edward Park Road, Woronora
(1) This clause applies to land at 131 Prince Edward Park Road, Woronora, being Lot 16, DP 717701.
(2) Development for the purposes of a restaurant or cafe is permitted with development consent.
26 Use of certain land in Zone C2
(1) This clause applies to land shown edged heavy red and identified as “C” on the Additional Permitted Uses Map.
(2) Rebuilding, enlarging or altering an existing dwelling house is permissible with development consent if—
(a) the height of the dwelling house does not exceed 7.2 metres to any point on the uppermost ceiling and 9 metres to the highest point on the roof, and
(b) the gross floor area of the dwelling house does not increase by more than 30m2 or 10% of the existing gross floor area, whichever is the lesser, or exceed a maximum floorspace of 300m2 (inclusive of any ancillary buildings).
27 Use of certain land in Zone C3
(1) This clause applies to land shown edged heavy red and identified as “B” on the Additional Permitted Uses Map.
(2) Development for the purposes of a dual occupancy is permissible with development consent if—
(a) one of the dwellings is a lawfully constructed dwelling on the foreshore area, and
(b) that dwelling has been in existence for at least 3 years before the commencement of this Plan, and
(c) the consent authority is satisfied that the dwelling forms part of the existing character of the waterfront.
(3) The erection of a new dwelling that forms part of a dual occupancy on the foreshore area is prohibited.
28 Use of certain land in Zone C4
(1) This clause applies to land shown edged heavy red and identified as “A” on the Additional Permitted Uses Map.
(2) Development for the purpose of dual occupancies is permissible with development consent, but only if the area of the lot is equal to or greater than 700 square metres.
29 Use of certain land at New lllawarra Road, Lucas Heights
(1) This clause applies to land at New lllawarra Road, Lucas Heights, being Lot 101, DP 1009354, Lot 3, DP 1032102 and Lot 2, DP 605077 (also known as Lucas Heights Resource Recovery Park) and identified as “29” on the Additional Permitted Uses Map.
(2) Development for the purpose of a waste or resource management facility is permitted with development consent if the consent authority is satisfied that the development—
(a) improves the resource recovery capabilities of the land, and
(b) increases the waste disposal capacity of the land to meet the needs of the community, and
(c) ensures landfill is of a type and degree of compaction that is capable of supporting the future use of the land for recreation purposes, and
(d) minimises the environmental impacts of the continued operation of the land on local residents and the environment.
30 Use of certain land at 310 New Illawarra Road, Barden Ridge
(1) This clause applies to land at 310 New Illawarra Road, Barden Ridge, being Lot 1, DP 1229719 (also known as the Ridgeway Estate) and identified as “30” on the Additional Permitted Uses Map.
(2) Development for the purposes of exhibition homes and exhibition villages is permitted with development consent.
31 Use of land at 101–151 Port Hacking Road, Sylvania
(1) This clause applies to Lot 1, DP 1025954, 101–151 Port Hacking Road, Sylvania, identified as “Area 8” on the Height of Buildings Map and the Floor Space Ratio Map.
(2) Development for the following purposes is permitted with development consent if the consent authority is satisfied that the development is associated with seniors housing—
(a) retail premises with a gross floor area of no more than 1000m2, including individual retail premises with a gross floor area of no more than 500m2,
(b) recreation facilities (indoor) with a gross floor area of no more than 3000m2,
(c) medical centres with a gross floor area of no more than 1000m2.
32 Use of certain land in Zone E1
(1) This clause applies to land identified as “32” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) dual occupancies,
(b) dwelling houses,
(c) semi-detached dwellings.
33 Use of certain land in Zone E3
(1) This clause applies to land identified as “33” on the Additional Permitted Uses Map.
(2) Development for the purposes of pubs is permitted with development consent.
34 Use of certain land in Zone E4
(1) This clause applies to land identified as “D” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) centre-based child care facilities,
(c) health services facilities,
(d) office premises,
(e) restaurants or cafes.
35 Use of certain land at 147 Garnet Road, Kareela
(1) This clause applies to part of Lot 1142, DP 752064, 147 Garnet Road, Kareela, identified as “35” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
(3) The maximum building height for a residential flat building is 16m.
(4) The maximum floor space ratio for a residential flat building is 0.7:1.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
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.
sch 2: Am 2017 (396), Sch 1 [8]; 2020 (163), Sch 1[1]; 2022 (72), Sch 1.54[3]; 2022 (857), Sch 1.6[22]–[25].
A-frame sign boards and structures
(1) Must be an A-framed board or structure advertising goods at ground level and located outside a shop or business the premises of which are located on land in Zone E1 Local Centre and Zone E2 Commercial Centre.
(2) Maximum size—600mm × 900mm.
(3) Must not flash.
(4) If erected on or above any part of a public road not used for the driving or riding of motor vehicles (such as any footpath), must be set back at least 600mm from the edge of the part of the road that is used for the driving or riding of motor vehicles.
(5) Must not be on bush fire prone land, unless constructed of non-combustible materials.
(6) Must not be on contaminated land, the foreshore area or land on which there is a heritage item.
(7) Must not restrict any vehicular or pedestrian access to or from the site.
(8) Must not reduce the number of car spaces on the site of the development.
(9) Must not result in a lesser landscaped area than is provided for in clause 6.14.
(10) Must not be located within 1 metre of an easement or within the zone of influence of a sewer main, unless the development complies with any standards set by the public authority having the benefit of the easement or occupation.
(11) Must have the consent in writing of the owner of the land on which the board or structure is to be located.
Demolition
(1) Must be the demolition of a structure that could be erected as exempt development under this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
(2) Must comply with AS 2601—2001, The demolition of structures.
Events (community and fundraising)
(1) Must not exceed 1 day, unless on community land.
(2) If on community land—must not exceed 3 days.
(3) If not on community land—must not exceed 2 days per year.
(4) May only operate between 8.00 am and 9.30 pm.
(5) Must have potable water and toilet facilities within 200m of the event.
(6) Must have adequate artificial lighting, if necessary, to permit safe movement of patrons.
(7) Must have adequate and suitable waste containers for the removal of waste at the conclusion of the event.
Fences for swimming pools in Zone C4
Must not be on bush fire prone land, unless constructed of non-combustible materials.
Note.
Swimming pool fences must comply with the requirements of the Swimming Pools Act 1992.
Fences (other than swimming pool fences) in Zone C4
(1) Must not be constructed or installed—
(a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
(b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or
(c) on a flood control lot within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or
(d) on land that is identified as being in a foreshore area.
(2) Must not be higher than 1.8m above ground level (existing).
(3) Must not be of masonry construction to a height that is more than 1.2m above ground level (existing).
(4) If it includes an entrance gate—must not have a gate that opens outwards.
(5) If it is located in a core koala habitat within the meaning of State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 3 or 4 or in a movement corridor used by koalas—must be constructed or installed in accordance with any relevant council policy or guideline under that Policy.
(6) If it is located on bush fire prone land—must be constructed of non-combustible materials or hardwood.
(7) If it is constructed of metal components—must be of low reflective, factory pre-coloured materials.
(8) Must not be an electrical fence or use barbed wire.
(9) If located along the boundary of, or within the setback area to, a primary or secondary road—
(a) must not be more than 1.2m above ground level (existing), and
(b) must be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.
(10) If a lot has a frontage to a secondary road or roads, subclause (9) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.
(11) Subclause (9)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.
(12) Despite subclauses (2) and (9), if the fence is erected on a sloping site and stepped to accommodate the fall in the land—
(a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and
(b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.
Note.
If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
Luminous pole signs
(1) Must not exceed 5.5m in height.
(2) Must not exceed 1.5m in width.
(3) Must not obstruct sight lines to traffic signals or intersections.
(4) Clearance between structure and kerb must allow for heavy vehicle overhang at intersections.
(5) Must not obstruct existing footpaths.
(6) Where no footpath exists—a minimum of 1.5m clearance for pedestrian access within the nature strip must be maintained at all times.
(7) No more than 2 structures per intersection.
(8) Must be constructed by or on behalf of the Council.
(9) Must not flash.
(10) If erected on or above any part of a public road not used for the driving or riding of motor vehicles (such as any footpath), must be set back at least 600mm from the edge of the part of the road that is used for the driving or riding of motor vehicles.
(11) Must not be on bush fire prone land, unless constructed of non-combustible materials.
(12) Must not be on contaminated land, the foreshore area or land on which there is a heritage item.
(13) Must not restrict any vehicular or pedestrian access to or from the site.
(14) Must not reduce the number of car spaces on the site of the development.
(15) Must not result in a lesser landscaped area than is provided for in clause 6.14.
(16) Must not be located within 1 metre of an easement or within the zone of influence of a sewer main, unless the development complies with any standards set by the public authority having the benefit of the easement or occupation.
(17) Must have the consent in writing of the owner of the land on which the sign is to be located.
Signage—bus shelter and bus stop seat advertising
(1) Must be located on or in a bus shelter or on a bus stop seat.
(2) Must not flash.
Signs on roll down blinds and awnings
(1) Must be roll down blinds and awnings attached to premises on land in Zone E1 Local Centre and Zone E2 Commercial Centre.
(2) Must not cover more than 20% of the area of the blind or awning.
(3) Must relate to the use of premises on which the sign is installed.
(4) Must not flash or be displayed on, or erected above, the parapet or eaves of a building.
(5) Must not cover mechanical ventilation inlets or outlets.
(6) If erected on or above any part of a public road not used for the driving or riding of motor vehicles (such as any footpath), must be set back at least 600mm from the edge of the part of the road that is used for the driving or riding of motor vehicles.
(7) Must not be on bush fire prone land, unless constructed of non-combustible materials.
(8) Must not be on contaminated land, the foreshore area or land on which there is a heritage item.
(9) Must not restrict any vehicular or pedestrian access to or from the site.
(10) Must not reduce the number of car spaces on the site of the development.
(11) Must not result in a lesser landscaped area than is provided for in clause 6.14.
(12) Must not be located within 1m of an easement or within the zone of influence of a sewer main, unless the development complies with any standards set by the public authority having the benefit of the easement or occupation.
(13) Must have the consent in writing of the owner of the land on which the advertising or work is to be located.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2016 (36), Sch 1 [1] [2]; 2016 No 27, Sch 2.48 [1]–[3]; 2016 (647), cl 4; 2017 (350), Sch 1.6; 2020 (69), Sch 1.11[3]–[8]; 2020 (163), Sch 1[2]–[16]; 2020 (387), cl 4; 2022 (72), Sch 1.54[4]; 2022 (183), Sch 1[14]; 2022 (857), Sch 1.6[26]; 2023 (83), Sch 1.8[2].
Division 1 Development that is complying development under this Part
Division 2 Development standards that apply to new dwelling houses, alterations or additions to dwelling houses and ancillary development
Division 3 Additional development standards only for new dwelling houses or alterations or additions to dwelling houses
Division 4 Additional development standards only for ancillary development
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Provision of information to Council relating to certain Council property
(1) Prior to work commencing, the current condition of any property owned or controlled by the Council that is in the vicinity of the development must be documented and photographed.
(2) Those documents and photographs must be provided to the Council at or before the time that notice to commence demolition or the erection of a building is given to the Council.
Note.
Clause 136M of the Environmental Planning and Assessment Regulation 2000 requires certain complying development certificates to be issued subject to conditions requiring the provision of security relating to potential damage to council property.
Removal or pruning of trees or other vegetation
If the development involves the removal or pruning of a tree or other vegetation that requires a permit granted by the Council under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2, Part 2.3, or development consent, the permit or development consent must be granted before work commences.
Note—
A permit for the removal or pruning of a tree or other vegetation may be granted under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2, Part 2.3. Development consent for the removal of native vegetation may be granted under the Biodiversity Conservation Act 2016.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2017 (137), cl 5 (1); 2017 (504), cl 5.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2015 No 58, Sch 2.28 [2]; 2017 (384), Sch 1 [7]–[165]; 2017 (396), Sch 1 [9]; 2020 (133), cl 5; 2020 (766), Sch 1[1] [2].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Sutherland Shire Local Environmental Plan 2015.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Sutherland Shire 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 deliver the community’s vision for Sutherland Shire by achieving an appropriate balance between development and management of the environment that will be ecologically sustainable, socially equitable and economically viable,
(b) to establish a broad planning framework for controlling development, minimising adverse impacts of development, protecting areas from inappropriate development and promoting a high standard of urban design,
(c) to protect and enhance the amenity of residents, workers and visitors in all localities throughout Sutherland Shire,
(d) to minimise risk to life, property and the environment from hazards, particularly bush fires, flooding and climate change,
(e) to concentrate development in localities with adequate infrastructure that is accessible to transport and centres,
(f) to protect and enhance the natural environment and scenic quality of the Sutherland Shire through the retention and rehabilitation of wildlife habitats, wildlife corridors, bushland, foreshores and waterways,
(g) to conserve, protect and enhance the environmental and cultural heritage of Sutherland Shire,
It establishes heritage controls and a detailed heritage schedule listing heritage items and archaeological sites across the LGA, and requires consent (or heritage assessments) for work affecting those items or areas (cl 5.10; Schedule 5).
The Plan contains a number of local, site‑specific rules and incentives: e.g. Caringbah Medical Precinct development rules allowing greater height and floor‑space for health facilities subject to design and landscaping conditions (cl 6.21); Kurnell and refinery/airport buffer restrictions on certain residential densities and uses (cl 6.19, cl 6.13); a range of additional permitted uses for specific lots in Schedule 1.
The Plan references and sits under State Environmental Planning Policies (SEPPs) and other State or Commonwealth laws: where a SEPP prevails it will modify or displace the Plan (cl 1.9). It also cross‑references the Building Code, Australian Standards, NSW environmental guidance (eg. Considering Flooding in Land Use Planning Guideline) and other Acts for technical requirements.
Who is affected
Private landowners and developers: the Plan defines what they may build, where, and the design and environmental standards they must meet (zones, heights, FSR, lot sizes, landscaped area, heritage and environmental requirements).
Residents and neighbours: the Plan shapes local amenity, building scale, setbacks, landscaped areas and protections for bushland, foreshores and heritage places.
Council and State agencies: Council is the primary consent authority (cl 1.6) and must apply the Plan and associated guidelines; State agencies retain powers where SEPPs or other Acts apply (cl 1.9; various clauses referring to State policies and approvals).
Specific sectors: health services (Caringbah precinct, cl 6.21), aquaculture operators (cl 5.19 and Schedule 6), hospitality and licensed premises (noise and music protections, cl 5.20), and industries affected by airspace or aircraft noise overlays (cl 6.12–6.13).
Why it matters (practical effects and decision mechanics)
The Plan defines property rights in practice: permitted uses, the need for consent, and the measurable limits (height, FSR, lot sizes). That directly affects project feasibility, construction cost, permitted density and potential land value for particular sites (see cl 4.3, 4.4, 4.1, Schedule 1).
Design and environmental obligations shift costs and constraints onto applicants: heritage assessments, acid sulfate soils management plans (cl 6.1), stormwater and landscaping requirements (cl 6.4; cl 6.14), and flood or bushfire risk measures (cl 5.21; Part 3 complying development exclusions).
The Plan contains both general rules and bespoke, site‑specific incentives or exceptions (e.g. mapped “Area” bonuses for height/FSR in cl 4.3(2E) and cl 4.4(2A), and Schedule 1 additional permitted uses). These create concentrated value for owners of certain sites and create discontinuities in entitlement across the LGA.
Source’s claimed purpose, and a quick test of trade‑offs
The Plan says its purpose is to implement local environmental planning for Sutherland Shire and to balance development with ecological, social and economic sustainability (cl 1.2). That stated aim is implemented mechanically by zoning, mapped controls and development criteria.
Trade‑offs and incentive structure observed in the instrument:
Who pays, who decides, what changes behaviour (plain sentences)
Key specific provisions to note for practice
Music and licensed premises: a consent authority may not refuse consent merely because of the genre, live or amplified nature of music, dancing, or stage orientation, and cannot refuse on noise grounds if the noise can be managed to an acceptable level (cl 5.20). That limits a common ground for refusal of hospitality uses.
Suspension of private covenants: the Plan contains an express power to suspend private covenants, agreements or similar instruments to the extent necessary to allow development consistent with the Plan, with listed exceptions (cl 1.9A). That alters the interplay between private encumbrances and planning approvals.
Environment and hazard overlays: mapped constraints (Environmentally Sensitive Land maps, Acid Sulfate Soils Map, Flood Planning Area, Activity Hazard Risk Map) bring site‑specific technical obligations (cl 6.1; cl 3.3; cl 5.21; cl 6.19). Applicants must check the maps and prepare the required studies.
Practical takeaway for a developer, owner or resident
(h) to provide leisure and recreation opportunities to suit the needs of the changing population,
(i) to meet the future housing needs of the population of Sutherland Shire.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
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.
1.8 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.
(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.
Note.
While the following environmental planning instruments no longer apply to the land to which this Plan applies, they continue to apply to the land identified as “Deferred matter” under clause 1.3(1A)—
State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 5
Sutherland Shire Local Environmental Plan 2006
cl 1.8: Am 2022 (72), Sch 1.54[1].
1.8A Savings
(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.
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.
(2) If a development application has been made before the commencement of Sutherland Shire Local Environmental Plan 2015 (Amendment No 14) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
(2A) If a development application has been made before the commencement of Sutherland Shire Local Environmental Plan 2015 (Amendment No 23) in relation to land to which the Plan applies and the application has not been finally determined before the commencement, the application must be determined as if the Plan had not commenced.
(3) If an application for a complying development certificate has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 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 that Policy had not commenced.
(4) An application for a complying development certificate lodged before 1 May 2023 must be determined as if State Environmental Planning Policy Amendment (National Construction Code) 2023 had not commenced.
(5) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Am 2019 (54), Sch 1 [1]; 2019 (621), Sch 5[1]; 2020 (69), Sch 1.11[1] [2]; 2022 (183), Sch 1[1]; 2023 (83), Sch 1.8[1]; 2023 (609), Sch 1.1[1].
1.9 Application of SEPPs
(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—
1.9A 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
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
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.6[1]–[3].
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.
2.3 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.
1
Schedule 1 sets out additional permitted uses for particular land.
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.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
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.
2.5 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.
2.6 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.
This is an opening excerpt, not the complete document.