Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
The Sydney Local Environmental Plan 2012 is the City of Sydney’s legally binding rulebook that controls land use and development across the inner-city (CBD and surrounding suburbs). It determines what can be built or used where, sets height and density limits, and protects heritage and environmental values.
It affects anyone owning, renting, developing or running a business in the council area because most significant works or use changes need to comply with the LEP — and it’s frequently amended, so check the current version.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Sydney Local Environmental Plan 2012.
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
R1 General Residential
R2 Low 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
SP5 Metropolitan Centre
Recreation Zones
RE1 Public Recreation
cl 2.1: Am 2015 (294), Sch 1 [2]; 2022 (857), Sch 1.7[1] [2].
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 2014 (120), Sch 1 [1]; 2015 (294), Sch 1 [3]–[15]; 2016 (167), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2021 (714), Sch 10.18[2]; 2021 (717), Sch 1[2] [3]; 2022 (314), Sch 1; 2022 (771), Sch 1.1[1]; 2022 (857), Sch 1.7[3] (am 2023 (82), Sch 1.6[12]) [4].
Zone R1 General Residential
Zone R2 Low 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 SP5 Metropolitan Centre
Zone RE1 Public Recreation
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Food and drink premises; Group homes; Home industries; Horticulture; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Roads; Roadside stalls; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Shops; Tank-based aquaculture; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Commercial premises; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Environmental protection works; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industries; Local distribution premises; Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wholesale supplies
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 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 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.
cl 5.1: Am 2022 (857), Sch 1.7[5].
Part 6 Local provisions—height and floor space
Division 1 Floor space in Central Sydney
Subdivision 1 Preliminary
6.1 Objective of Division
The objectives of this Division are as follows—
(a) to provide for additional floor space to be granted as an incentive for certain development in Central Sydney,
(b) to establish a framework for the transfer of development potential from the site of a heritage building to another site in Central Sydney.
Subdivision 2 Types of additional floor space
Subdivision 3 Heritage floor space
Division 2 Additional floor space outside Central Sydney
Division 3 Height of buildings and overshadowing
Division 4 Design excellence
pt 6, div 4: Subst 2021 (717), Sch 1[24].
Subdivision 1 Preliminary
pt 6, div 4, sdiv 1: Ins 2021 (717), Sch 1[24].
Subdivision 2 Design excellence requirements
pt 6, div 4, sdiv 2: Ins 2021 (717), Sch 1[24].
Division 5 Site specific provisions
pt 6, div 5: Ins 2014 (366), Sch 1 [3].
Division 6 Pyrmont Peninsula
pt 6, div 6: Ins 2022 (426), Sch 1[1].
Division 7 Blackwattle Bay Precinct
pt 6, div 7: Ins 2022 (826), Sch 1.4[4].
Part 7 Local provisions—general
7.1 Objectives and application of Division
(1) The objectives of this Division are—
(a) to identify the maximum number of car parking spaces that may be provided to service particular uses of land, and
(b) to minimise the amount of vehicular traffic generated because of proposed development.
(2) This Division applies to development for any purpose if car parking spaces are to be provided in relation to that purpose but not if the development is for the purpose of a car park.
(3) Nothing in this Division requires a reduction in the number of car parking spaces in an existing building.
Part 8 Local provisions—Central Precinct
pt 8: Ins 2025 (423), Sch 1[6].
8.1 Objectives and application of part
(1) The objectives of this part are as follows—
(a) to maintain Central Station’s role as Sydney’s main transport interchange,
(b) to ensure the conservation of heritage items,
(c) to provide for publicly accessible spaces with a high level of amenity,
(d) to create a network of safe and accessible public spaces that connect to surrounding streets and neighbourhoods,
(e) to require sustainability practices in terms of building performance, energy, water, waste and green infrastructure,
(f) to deliver diverse and affordable housing.
(2) This part applies to the Central Precinct.
cl 8.1: Ins 2025 (423), Sch 1[6].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2012 (628), Sch 1, cl 10(4); 2014 (120), Sch 1 [2]; 2014 (476), Sch 1; 2015 (294), Sch 1 [26] [27]; 2015 (654), cl 4; 2016 (226), Sch 1 [17]; 2016 (790), cl 5 (2); 2018 (488), Sch 1.2; 2019 (377), Sch 1 [2] [3]; 2021 (340), cl 4; 2021 (395), cl 5; 2022 (743), Sch 1[3]; 2022 (771), Sch 1.1[2]; 2022 (826), Sch 1.4[5]; 2022 (857), Sch 1.7[17] [18]; 2023 (395), cl 4; 2023 (509), Sch 1; 2023 (699), Sch 1; 2025 (423), Sch 1[7].
1AA Use of certain land at Birmingham Street and Botany Road, Alexandria
(1) This clause applies to land at Birmingham Street, Alexandria and Botany Road, Alexandria and Rosebery (between Gardeners Road and Morley Avenue), as shown edged heavy red and marked “(iv)” on the Locality and Site Identification Map.
(2) Development for the purposes of shop top housing and seniors housing is permitted with development consent.
1AB (Repealed)
4A (Repealed)
9 Use of certain land at Brougham Street, Potts Point
(1) This clause applies to the following land at 90–104 Brougham Street, Potts Point—
(a) Lot 15, Section 4, DP 28,
(b) Lot 1, DP 456813,
(c) Lot 1, DP 724376,
(d) Lot 1, DP 904094,
(e) SP 17354,
(f) Lot 100, DP 613011,
(g) SP 1560,
(h) SP 10531.
(2) Development for the purposes of hotel or motel accommodation is permitted with development consent.
10 (Repealed)
11 Use of certain land at 156 Forbes Street, Darlinghurst
(1) This clause applies to Lot 1, DP 568755, 156 Forbes Street, Darlinghurst.
(2) Development for one or more of the following purposes is permitted with development consent—
(a) community facilities,
(b) entertainment facilities,
(c) function centres,
(d) food and drink premises,
(e) information and education facilities,
(f) markets,
(g) office premises,
(h) recreation areas,
(i) recreation facilities (indoor),
(j) recreation facilities (outdoor),
(k) shops.
(3) Development consent must not be granted to the development unless the consent authority is satisfied the use of the land will—
(a) support ongoing education at the National Art School, and
(b) not adversely impact existing buildings on the land, and
(c) promote the use of land in the Oxford Street Cultural and Creative Precinct for a cultural or creative purpose.
(4) In this clause—
cultural or creative purpose has the same meaning as in clause 6.60D.
12 Use of certain land at 104 Erskineville Road, Erskineville
(1) This clause applies to Lot 1, DP 664780 and Lot 14, DP 663317, 104 Erskineville Road, Erskineville.
(2) Development for the purposes of entertainment facilities is permitted with development consent.
13 Use of certain land at Alexandria and Rosebery
(1) This clause applies to certain land at Alexandria and Rosebery identified as “Enterprise Area” on the Locality and Site Identification Map.
(2) Development for the purposes of truck depots is permitted with development consent.
14 Use of certain land at Darlinghurst
(1) This clause applies to Lots 27–29, DP 81 and Lot 1, DP 921218, 10 and 12 Nimrod Street, Darlinghurst.
(2) Development for the purposes of an entertainment facility that is a single theatre is permitted with development consent.
(3) The maximum height for the building is 11m.
(4) The maximum floor space ratio for the building is 2:1.
(5) Development consent must not be granted to the erection of the building unless the consent authority has considered whether the design and use of the building will adversely affect the residential amenity of the surrounding area.
15 Use of land at 301 Forbes Street, Darlinghurst
(1) This clause applies to Lot 11, DP 1164870, 301 Forbes Street, Darlinghurst.
(2) Development for the purposes of information and education facilities is permitted with development consent.
16 Use of certain land at Central Railway Station, Haymarket
(1) This clause applies to Lot 2, DP 1296579, Central Railway Station, 1 Eddy Avenue, Haymarket, identified as “(vi)” on the Locality and Site Identification Map.
(2) Development for the purposes of office premises is permitted without development consent if—
(a) the office premises are located on the first, second and third floors of the existing building on the land, and
(b) the gross floor area of the part of the building used as office premises is less than 9,500m2.
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 2013 (142), cl 4; 2017 (239), Sch 1 [12]; 2017 (751), Sch 1.1; 2019 (377), Sch 1 [4]; 2020 (668), cl 4; 2020 No 30, Sch 4.101; 2023 (84), Sch 1[2].
Development in Redfern–North Eveleigh Paint Shop Sub-precinct
The following development is exempt development if carried out in the Redfern–North Eveleigh Paint Shop Sub-precinct—
(a) one or more of the following if carried out by or for a public authority—
(i) the erection, installation or upgrade of public furniture, planter boxes, public art, lighting, street signs, bus shelters, public telephone booths or post boxes,
(ii) the erection, installation or upgrade of shade structures, children’s play equipment, barbecues or toilets in recreation areas or publicly accessible open space,
(iii) landscaping or street planting,
(iv) works to change the surface or width of a footpath, including related roadworks,
(b) minor internal alterations to commercial premises, including a fit-out of the premises, if the alterations do not—
(i) involve structural changes to the building, or
(ii) result in a change of building classification under the Building Code of Australia, or
(iii) increase the gross floor area of the building.
Display of goods on footpath
(1) Must be associated with a lawfully established business.
(2) Must be on the part of the footpath that is adjacent to that business.
(3) Must be authorised under Part 9, Division 3 of the Roads Act 1993.
(4) Must be authorised under Part 1 or Part 3 of Chapter 7 of the Local Government Act 1993.
(5) Does not apply to Central Sydney.
Home occupations (sex services)
Must be carried out in a lawful dwelling or in a building ancillary to a lawful dwelling.
Mobile food vending vehicles (food trucks)
(1) Must be located on a Council-owned road (excluding any classified road within the meaning of the Roads Act 1993) within lawful car parking spaces.
(2) Must have obtained an approval under section 68 of the Local Government Act 1993.
Repainting of external surfaces of buildings on land within heritage conservation areas
(1) Must not involve repainting of—
(a) a heritage item, or
(b) any of the following surfaces—
(i) brick,
(ii) stone,
(iii) terracotta,
(iv) tile.
(2) Must not disturb any existing paint layer unless it has failed by blistering, chalking, flaking or peeling.
(3) Must be easily removable without disturbing any existing paint layer or damaging the surface.
(4) Must employ a paint type with a vapour-permeable finish that does not seal in moisture or cause deterioration of the fabric of the surface.
(5) Must not result in inscriptions, figures, murals, words, word designs or signage on the repainted surface.
Street art
(1) Must not project more than 30mm from a wall or other surface.
(2) Must not constitute signage.
Note.
Signage includes advertisements and advertising structures.
(3) Must not be located on a heritage item or within a heritage conservation area or a special character area.
(4) Must not contain material that—
(a) discriminates against or vilifies any person or group, or
(b) is offensive or sexually explicit.
(5) In this clause, street art means art that is painted, marked or otherwise affixed to the outside of a building and that is visible from a public place (within the meaning of the Local Government Act 1993).
Note.
Street art may only be carried out subject to requirements to obtain the approval of the owner of the building on which the street art is located or any statutory authorities (such as Transport for NSW). See also Part 2 of the Graffiti Control Act 2008 for graffiti related offences.
Temporary sign or banner
(1) Must not be displayed for more than 40 days in any calendar year.
(2) Must be no more than 3m by 4m.
(3) Must not display offensive material.
(4) Must not be on, or attached to, an “A” frame structure.
(5) Must not be located on an awning.
(6) Must not project from a wall.
(7) Must be for the purposes of a community event within the meaning of State Environmental Planning Policy (Temporary Structures) 2007.
Temporary use of council land
Note.
If on community land, the use may need to be approved under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
(1) Must be on land owned by, or under the care or control of, the Council.
(2) Must not be for more than 52 days (whether or not consecutive) in any 12 month period.
Schedule 3 Complying development
(Clause 3.2)
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.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2016 (11), cl 4.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2013 No 47, Sch 2.29; 2014 (52), cl 5; 2014 (576), cl 5; 2014 (808), Sch 1; 2014 (829), cl 5; 2015 (172), Sch 1 [2]; 2016 (37), Sch 1 [1]–[4]; 2016 (163), cl 5; 2016 (165), cl 4; 2016 (226), Sch 1 [18]–[24]; 2016 No 27, Sch 2.49; 2018 (575), Sch 1 [3]; 2019 (377), Sch 1 [5]–[9]; 2019 (578), cl 5; 2019 (579), Sch 1[2]; 2020 (213), cl 5; 2021 (17), Sch 1[1] [2]; 2021 (18), cl 5; 2022 (678), Sch 1[6], 2022 (679), Sch 1[6]; 2023 (84), Sch 1[3]; 2023 (312), Sch 1[4]; 2023 (492), Sch 1[1]; 2023 (660), Sch 1[3]; 2024 (116), Sch 1; 2025 (423), Sch 1[8].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
sch 6 (as originally notified): Rep 2012 (628), cl 1.8 (2A).
Schedule 6A Sun access planes
clause 6.17
sch 6A: Ins 2021 (717), Sch 1[39]. Am 2022 (678), Sch 1[7]; 2022 (851), Sch 1[1]–[5]; 2023 (492), Sch 1[2]–[5].
17 Harmony Park 2E sun access plane
(1) X is a point at 334610.7E, 6249844.3N, RL43.5.
(2) Y is a point at 334628.4E, 6249859.8N, RL43.5.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
18 Harmony Park 2F sun access plane
(1) X is a point at 334628.4E, 6249859.8N, RL43.5.
(2) B1 is 328.63 degrees.
(3) V1 is 25.69 degrees.
(4) B2 is 359.16 degrees.
(5) V2 is 32.72 degrees.
19 Harmony Park 2G sun access plane
(1) X is a point at 334628.4E, 6249859.8N, RL68.5.
(2) B1 is 359.16 degrees.
(3) V1 is 32.72 degrees.
(4) B2 is 29.98 degrees.
(5) V2 is 26.34 degrees.
20 Harmony Park 2H sun access plane
(1) X is a point at 334628.4E, 6249859.8N, RL68.5.
(2) Y is a point at 334695.7E, 6249820.2N, RL73.0.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
21 Harmony Park 2I sun access plane
(1) X is a point at 334695.7E, 6249820.2N, RL73.0.
(2) Y is a point at 334714.3E, 6249811.7N, RL74.5.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
22 Harmony Park 2J sun access plane
(1) X is a point at 334714.3E, 6249811.7N, RL74.5.
(2) B1 is 29.98 degrees.
(3) V1 is 26.34 degrees.
(4) B2 is 46.60 degrees.
(5) V2 is 45.48 degrees.
23 Harmony Park 2K sun access plane
(1) X is a point at 334714.3E, 6249811.7N, RL74.5.
(2) B1 is 46.60 degrees.
(3) V1 is 45.48 degrees.
(4) B2 is 74.55 degrees.
(5) V2 is 63.21 degrees.
24 Harmony Park 2L sun access plane
(1) X is a point at 334648.8E, 6249686.1N, RL34.0.
(2) Y is a point at 334670.1E, 6249811.9N, RL34.0.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
25 Harmony Park 2M sun access plane
(1) X is a point at 334648.8E, 6249686.1N, RL34.0.
(2) B1 is 46.60 degrees.
(3) V1 is 45.48 degrees.
(4) B2 is 29.98 degrees.
(5) V2 is 26.34 degrees.
26 Harmony Park 2N sun access plane
(1) X is a point at 334648.8E, 6249686.1N, RL34.0.
(2) B1 is 74.55 degrees.
(3) V1 is 63.21 degrees.
(4) B2 is 46.60 degrees.
(5) V2 is 45.48 degrees.
27 Hyde Park 3A sun access plane
(1) X is a point at 334649.2E, 6250861.3N, RL54.5.
(2) B1 is 359.16 degrees.
(3) V1 is 32.72 degrees.
(4) B2 is 29.98 degrees.
(5) V2 is 26.34 degrees.
28 Hyde Park 3B sun access plane
(1) X is a point at 334649.2E, 6250861.3N, RL54.5.
(2) Y is a point at 334727.0E, 6250752.8N, RL43.0.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
29 Hyde Park 3C sun access plane
(1) X is a point at 334727.0E, 6250752.8N, RL43.0.
(2) Y is a point at 334678.6E, 6250218.3N, RL45.0.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
30 Hyde Park 3D sun access plane
(1) X is a point at 334678.6E, 6250218.3N, RL76.0.
(2) Y is a point at 334664.8E, 6250066.6N, RL79.5.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
31 Hyde Park 3E sun access plane
(1) X is a point at 334664.8E, 6250066.6N, RL79.5.
(2) B1 is 29.98 degrees.
(3) V1 is 26.34 degrees.
(4) B2 is 46.60 degrees.
(5) V2 is 45.48 degrees.
32 Hyde Park 3F sun access plane
(1) X is a point at 334664.8E, 6250066.6N, RL79.5.
(2) B1 is 46.60 degrees.
(3) V1 is 45.48 degrees.
(4) B2 is 74.55 degrees.
(5) V2 is 63.21 degrees.
33 Hyde Park 3G sun access plane
(1) X is a point at 334649.2E, 6250861.3N, RL54.5.
(2) B1 is 328.63 degrees.
(3) V1 is 25.69 degrees.
(4) B2 is 359.16 degrees.
(5) V2 is 32.72 degrees.
34 Hyde Park 3H sun access plane
(1) X is a point at 334606.4E, 6250865.5N, RL54.0.
(2) Y is a point at 334649.2E, 6250861.3N, RL54.5.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
35 Hyde Park 3I sun access plane
(1) X is a point at 334521.4E, 6250843.0N, RL50.5.
(2) Y is a point at 334606.4E, 6250865.5N, RL54.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
36 Hyde Park 3J sun access plane
(1) X is a point at 334450.0E, 6250804.7N, RL47.0.
(2) Y is a point at 334521.4E, 6250843.0N, RL50.5.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
37 Hyde Park 3K sun access plane
(1) X is a point at 334417.9E, 6250437.6N, RL71.0.
(2) Y is a point at 334450.0E, 6250804.7N, RL69.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
38 Hyde Park 3L sun access plane
(1) X is a point at 334385.7E, 6250064.8N, RL70.0.
(2) Y is a point at 334417.9E, 6250437.6N, RL71.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
39 Hyde Park 3M sun access plane
(1) X is a point at 334385.7E, 6250064.8N, RL70.0.
(2) B1 is 310.49 degrees.
(3) V1 is 44.16 degrees.
(4) B2 is 328.63 degrees.
(5) V2 is 25.69 degrees.
40 Hyde Park 3N sun access plane
(1) X is a point at 334385.7E, 6250064.8N, RL70.0.
(2) B1 is 282.25 degrees.
(3) V1 is 60.44 degrees.
(4) B2 is 310.49 degrees.
(5) V2 is 44.16 degrees.
41 Lang Park 4A sun access plane
(1) X is a point at 333996.5E, 6251452.6N, RL35.0.
(2) B1 is 282.25 degrees.
(3) V1 is 60.44 degrees.
(4) B2 is 310.49 degrees.
(5) V2 is 44.16 degrees.
42 Lang Park 4B sun access plane
(1) X is a point at 333996.5E, 6251452.6N, RL35.0.
(2) B1 is 310.49 degrees.
(3) V1 is 44.16 degrees.
(4) B2 is 328.63 degrees.
(5) V2 is 25.69 degrees.
43 Lang Park 4C sun access plane
(1) X is a point at 333996.5E, 6251452.6N, RL35.0.
(2) Y is a point at 333983.2E, 6251560.4N, RL35.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
44 Lang Park 4D sun access plane
(1) X is a point at 333983.2E, 6251560.4N, RL43.0.
(2) Y is a point at 334024.8E, 6251560.1N, RL43.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
45 For the Lang Park 4E sun access plane
(1) X is a point at 334024.8E, 6251560.1N, RL30.0.
(2) Y is a point at 334114.5E, 6251559.2N, RL30.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
46 Lang Park 4F sun access plane
(1) X is a point at 334114.5E, 6251559.2N, RL30.0.
(2) B1 is 328.63 degrees.
(3) V1 is 25.69 degrees.
(4) B2 is 359.16 degrees.
(5) V2 is 32.72 degrees.
47 Macquarie Place 5 sun access plane
(1) X is a point at 334475.5E, 6251661.4N, RL34.0.
(2) Y is a point at 334469.5E, 6251582.4N, RL43.0.
(3) B is 37.90 degrees.
(4) V is 39.00 degrees.
48 Martin Place 6A sun access plane
(1) X is a point at 334149.6E, 6251081.8N, RL62.4.
(2) B1 is 282.25 degrees.
(3) V1 is 60.44 degrees.
(4) B2 is 310.49 degrees.
(5) V2 is 44.16 degrees.
49 Martin Place 6B sun access plane
(1) X is a point at 334149.6E, 6251081.8N, RL62.4.
(2) B1 is 310.49 degrees.
(3) V1 is 44.16 degrees.
(4) B2 is 319.44 degrees.
(5) V2 is 38.28 degrees.
50 Martin Place 6C sun access plane
(1) X is a point at 334149.6E, 6251081.8N, RL62.4.
(2) Y is a point at 334152.7E, 6251125.1N, RL62.4.
(3) B is 319.44 degrees.
(4) V is 38.28 degrees.
51 Martin Place 6D sun access plane
(1) X is a point at 334208.4E, 6251107.4N, RL60.0.
(2) Y is a point at 334297.8E, 6251098.9N, RL60.0.
(3) B is 358.41 degrees.
(4) V is 46.76 degrees.
52 Martin Place 6E sun access plane
(1) X is a point at 334297.8E, 6251098.9N, RL60.0.
(2) Y is a point at 334626.5E, 6251070.2N, RL77.5.
(3) B is 358.41 degrees.
(4) V is 46.76 degrees.
53 Martin Place 6F sun access plane
(1) X is a point at 334626.5E, 6251070.2N, RL77.5.
(2) Y is a point at 334651.4E, 6251068.0N, RL77.5.
(3) B is 358.41 degrees.
(4) V is 46.76 degrees.
54 Prince Alfred Park 7A sun access plane
(1) X is a point at 333799.2E, 6248664.6N, RL52.0.
(2) B1 is 282.25 degrees.
(3) V1 is 60.44 degrees.
(4) B2 is 310.49 degrees.
(5) V2 is 44.16 degrees.
55 Prince Alfred Park 7B sun access plane
(1) X is a point at 333799.2E, 6248664.6N, RL52.0.
(2) B1 is 310.49 degrees.
(3) V1 is 44.16 degrees.
(4) B2 is 328.63 degrees.
(5) V2 is 25.69 degrees.
56 Prince Alfred Park 7C sun access plane
(1) X is a point at 333799.2E, 6248664.6N, RL52.0.
(2) Y is a point at 333814.7E, 6248775.0N, RL48.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
57 Prince Alfred Park 7D sun access plane
(1) X is a point at 333814.7E, 6248775.0N, RL48.0.
(2) Y is a point at 333841.9E, 6248797.5N, RL48.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
58 Prince Alfred Park 7E sun access plane
(1) X is a point at 333841.9E, 6248797.5N, RL45.0.
(2) Y is a point at 334169.7E, 6249059.9N, RL43.5.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
59 Prince Alfred Park 7F sun access plane
(1) X is a point at 334169.7E, 6249059.9N, RL43.5.
(2) Y is a point at 334190.2E, 6249059.2N, RL44.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
60 Prince Alfred Park 7G sun access plane
(1) X is a point at 334190.2E, 6249059.2N, RL44.0.
(2) B1 is 328.63 degrees.
(3) V1 is 25.69 degrees.
(4) B2 is 359.16 degrees.
(5) V2 is 32.72 degrees.
61 Prince Alfred Park 7H sun access plane
(1) X is a point at 334190.2E, 6249059.2N, RL44.0.
(2) B1 is 359.16 degrees.
(3) V1 is 32.72 degrees.
(4) B2 is 29.98 degrees.
(5) V2 is 26.34 degrees.
62 Prince Alfred Park 7I sun access plane
(1) X is a point at 334190.2E, 6249059.2N, RL44.0.
(2) Y is a point at 334160.9E, 6248875.0N, RL49.5.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
63 Prince Alfred Park 7J sun access plane
(1) X is a point at 334160.9E, 6248875.0N, RL49.5.
(2) Y is a point at 334157.8E, 6248858.0N, RL49.5.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
64 Prince Alfred Park 7K sun access plane
(1) X is a point at 334157.8E, 6248858.0N, RL49.5.
(2) Y is a point at 334141.8E, 6248756.1N, RL51.5.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
65 Prince Alfred Park 7L sun access plane
(1) X is a point at 334141.8E, 6248756.1N, RL51.5.
(2) Y is a point at 334139.4E, 6248742.9N, RL51.5.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
66 Prince Alfred Park 7M sun access plane
(1) X is a point at 334139.4E, 6248742.9N, RL51.5.
(2) Y is a point at 334122.4E, 6248639.0N, RL51.5.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
67 Prince Alfred Park 7N sun access plane
(1) X is a point at 334122.4E, 6248639.0N, RL51.5.
(2) B1 is 29.98 degrees.
(3) V1 is 26.34 degrees.
(4) B2 is 46.60 degrees.
(5) V2 is 45.48 degrees.
68 Prince Alfred Park 7O sun access plane
(1) X is a point at 334122.4E, 6248639.0N, RL51.5.
(2) B1 is 46.60 degrees.
(3) V1 is 45.48 degrees.
(4) B2 is 74.55 degrees.
(5) V2 is 63.21 degrees.
69 Prince Alfred Park 7P sun access plane
(1) X is a point at 334070.7E, 6248753.5N, RL40.0.
(2) Y is a point at 334037.4E, 6248630.0N, RL40.0.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
70 Prince Alfred Park 7Q sun access plane
(1) X is a point at 334037.4E, 6248630.0N, RL40.0.
(2) B1 is 29.98 degrees.
(3) V1 is 26.34 degrees.
(4) B2 is 46.60 degrees.
(5) V2 is 45.48 degrees.
70A Prince Alfred Park 7R sun access plane
(1) X is a point at 334037.4E, 6248630.0N, RL40.0.
(2) B1 is 46.60 degrees.
(3) V1 is 45.48 degrees.
(4) B2 is 74.55 degrees.
(5) V2 is 63.21 degrees.
Part 9 The Domain sun access planes
Note.
This Part describes points approximately 25m above the western side of Hospital Road from Shakespeare Place projecting south along the alignment of the western side of Hospital Road in a straight line above the Land Titles Office to Prince Albert Road.
71 The Domain 8A sun access plane
(1) X is a point at 334773.8E, 6251245.0N, RL55.5.
(2) Y is a point at 334743.7E, 6250066.6N, RL54.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
72 The Domain 8B sun access plane
(1) X is a point at 334743.7E, 6250957.9N, RL54.0.
(2) Y is a point at 334721.7E, 6250746.9N, RL54.5.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
Part 10 The Royal Botanic Gardens sun access planes
Note.
This Part describes points approximately 45m above the western side of Macquarie Street from its northern end to approximately half way between Bridge Road and Bent Street.
73 The Royal Botanic Gardens 9A sun access plane
(1) X is a point at 334731.6E, 6252052.7N, RL48.5.
(2) Y is a point at 334715.7E, 6251977.3N, RL52.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
74 The Royal Botanic Gardens 9B sun access plane
(1) X is a point at 334715.7E, 6251977.3N, RL52.0.
(2) Y is a point at 334704.4E, 6251866.8N, RL55.5.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
75 The Royal Botanic Gardens 9C sun access plane
(1) X is a point at 334704.4E, 6251866.8N, RL55.5.
(2) Y is a point at 334693.6E, 6251768.1N, RL57.75.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
76 The Royal Botanic Gardens 9D sun access plane
(1) X is a point at 334693.6E, 6251768.1N, RL57.75.
(2) Y is a point at 334691.0E, 6251747.3N, RL58.25.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
77 The Royal Botanic Gardens 9E sun access plane
(1) X is a point at 334691.0E, 6251747.3N, RL58.25.
(2) Y is a point at 334675.4E, 6251578.9N, RL66.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
78 The Royal Botanic Gardens 9F sun access plane
(1) X is a point at 334675.4E, 6251578.9N, RL66.0.
(2) Y is a point at 334660.5E, 6251423.7N, RL72.5.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
Part 11 Wynyard Park sun access planes
Note.
This Part describes points approximately 45m above the western side of York Street from Wynyard Street to Margaret Street and approximately 30m above the northern side of Margaret Street from York Street to Carrington Street.
79 Wynyard Park 10A sun access plane
(1) X is a point at 334035.3E, 6251133.4N, RL66.0.
(2) B1 is 282.25 degrees.
(3) V1 is 60.44 degrees.
(4) B2 is 310.49 degrees.
(5) V2 is 44.16 degrees.
80 Wynyard Park 10B sun access plane
(1) X is a point at 334035.3E, 6251133.4N, RL66.0.
(2) B1 is 310.49 degrees.
(3) V1 is 44.16 degrees.
(4) B2 is 328.63 degrees.
(5) V2 is 25.69 degrees.
81 Wynyard Park 10C sun access plane
(1) X is a point at 334035.3E, 6251133.4N, RL66.0.
(2) Y is a point at 334028.2E, 6251192.5N, RL66.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
82 Wynyard Park 10D sun access plane
(1) X is a point at 334028.2E, 6251192.5N, RL66.0.
(2) Y is a point at 334007.2E, 6251365.1N, RL68.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
83 Wynyard Park 10E sun access plane
(1) X is a point at 334007.2E, 6251365.1N, RL53.0.
(2) Y is a point at 334108.3E, 6251367.1N, RL50.0.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
84 Wynyard Park 10F sun access plane
(1) X is a point at 334108.3E, 6251367.1N, RL50.0.
(2) B1 is 328.63 degrees.
(3) V1 is 25.69 degrees.
(4) B2 is 359.16 degrees.
(5) V2 is 32.72 degrees.
Part 12 Daniel Dawson Reserve sun access planes
Note—
This Part describes points approximately 11m above the eastern side of Spencer Lane from Chapel Lane to Boundary Street, approximately 14m above the northern side of Boundary Street from Spencer Lane to Wyndham Street, and approximately 14m above the western side of Wyndham Street from Boundary Street to Chapel Lane.
85 Daniel Dawson Reserve 11A sun access plane
(1) X is a point at 333431.9E, 6247959.2N, RL32.8.
(2) Y is a point at 333442.0E, 6248027.0N, RL32.8.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
86 Daniel Dawson Reserve 11B sun access plane
(1) X is a point at 333442.0E, 6248027.0N, RL38.3.
(2) B1 is 29.98 degrees.
(3) V1 is 26.34 degrees.
(4) B2 is 328.63 degrees.
(5) V2 is 25.69 degrees.
87 Daniel Dawson Reserve 11C sun access plane
(1) X is a point at 333442.0E, 6248027.0N, RL38.3.
(2) Y is a point at 333338.9E, 6248035.4N, RL38.3.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
88 Daniel Dawson Reserve 11D sun access plane
(1) X is a point at 333388.1E, 6248031.5N, RL38.9.
(2) Y is a point at 333374.7E, 6247952.6N, RL38.9.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
Part 13 Alexandria Park sun access planes
Note—
This Part describes points approximately 16m above the eastern side of Wyndham Street from Power Avenue to Buckland Street, approximately 22m above the northern side of Buckland Street from Wyndham Street to Park Road, and approximately 21m above the western side of Park Road from Buckland Street to Power Avenue.
89 Alexandria Park 12A sun access plane
(1) X is a point at 333539.6E, 6247417.1N, RL31.30.
(2) Y is a point at 333480.9E, 6247605.4N, RL32.1.
(3) B is 29.98 degrees.
(4) V is 26.34 degrees.
90 Alexandria Park 12B sun access plane
(1) X is a point at 333480.9E, 6247605.4N, RL35.4.
(2) B1 is 29.98 degrees.
(3) V1 is 26.34 degrees.
(4) B2 is 328.63 degrees.
(5) V2 is 25.69 degrees.
91 Alexandria Park 12C sun access plane
(1) X is a point at 333480.9E, 6247605.4N, RL35.4.
(2) Y is a point at 333195.5E, 6247513.7N, RL34.4.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
92 Alexandria Park 12D sun access plane
(1) X is a point at 333195.5E, 6247513.7N, RL34.4.
(2) Y is a point at 333254.1E, 6247326.3N, RL34.4.
(3) B is 328.63 degrees.
(4) V is 25.69 degrees.
Schedule 6B View planes
clause 6.19
sch 6B: Ins 2021 (717), Sch 1[39]. Am 2022 (851), Sch 1[6].
Schedule 6C Contribution requirement for certain development on Planning Proposal Land
clause 7.13B
| Planning Proposal Land | Contribution requirement | | Land identified as “Area 1” on the Affordable Housing Map | The total amount of— | | | (a) the contribution applying to the development under clause 7.13, and | | | (b) if the part of a building intended to be used for a purpose other than residential accommodation has a floor space ratio of less than 1.5:1—9% of the gross floor area equivalent to the amount by which the floor space ratio of the building exceeds 1.5:1 | | Lot 15, DP 10721, 111 Cooper Street, Waterloo | The total amount of—(a) for 87.5% of the total floor area of all buildings—the contribution applying to the development under clause 7.13, and(b) for 12.5% of the total floor area of all buildings—9% of that total floor area. | | Lots 6, 7 and 9, DP 10721 and Lot 8, DP 1147179, 221–223 Cope Street, Waterloo | The total amount of—(a) for 67% of the total floor area of all buildings—the contribution applying to the development under clause 7.13, and(b) for 33% of the total floor area of all buildings—9% of that total floor area. | | Lots 1–41, SP 79210, 233 Cope Street, Waterloo | The total amount of—(a) for 73% of the total floor area of all buildings—the contribution applying to the development under clause 7.13, and(b) for 27% of the total floor area of all buildings—9% of that total floor area. | | Lots 1–58, SP 69476, 110 Wellington Street, Waterloo | The total amount of—(a) for 68% of the total floor area of all buildings—the contribution applying to the development under clause 7.13, and(b) for 32% of the total floor area of all buildings—9% of that total floor area. | | Lots 10 and 11, DP 10721, 116 Wellington Street, Waterloo | The total amount of—(a) for 66% of the total floor area of all buildings—the contribution applying to the development under clause 7.13, and(b) for 34% of the total floor area of all buildings—9% of that total floor area. |
sch 6C: Ins 2022 (678), Sch 1[8]. Am 2022 (679), Sch 1[7].
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Sydney Local Environmental Plan 2012.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
Note.
See the historical notes for the day on which this Plan was published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in the City of Sydney 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 reinforce the role of the City of Sydney as the primary centre for Metropolitan Sydney,
(b) to support the City of Sydney as an important location for business, educational and cultural activities and tourism,
(c) to promote ecologically sustainable development,
(d) to encourage the economic growth of the City of Sydney by—
(i) providing for development at densities that permit employment to increase, and
(ii) retaining and enhancing land used for employment purposes that are significant for the Sydney region,
(e) to encourage the growth and diversity of the residential population of the City of Sydney by providing for a range of appropriately located housing, including affordable housing,
(f) to enable a range of services and infrastructure that meets the needs of residents, workers and visitors,
(g) to ensure that the pattern of land use and density in the City of Sydney reflects the existing and future capacity of the transport network and facilitates walking, cycling and the use of public transport,
(h) to enhance the amenity and quality of life of local communities,
(i) to provide for a range of existing and future mixed-use centres and to promote the economic strength of those centres,
(j) to achieve a high quality urban form by ensuring that new development exhibits design excellence and reflects the existing or desired future character of particular localities,
(k) to conserve the environmental heritage of the City of Sydney,
(l) to protect, and to enhance the enjoyment of, the natural environment of the City of Sydney, its harbour setting and its recreation areas.
1.3 Land to which Plan applies
This Plan applies to the land identified 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.
Note.
The City of Sydney Act 1988 constitutes the Central Sydney Planning Committee which has and may exercise the functions of the Council under Parts 4, 5, 6 and 8 of the Environmental Planning and Assessment Act 1979 in relation to the carrying out of major development, to the exclusion of 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.
Note.
The following local environmental plans are repealed under this provision—
Central Sydney Local Environmental Plan 1996,
Interim Development Order No 27—Municipality of Leichhardt.
(1A) State Environmental Planning Policy No 41—Casino Entertainment Complex is 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.
(2A) Schedule 6 is repealed on the day following the day on which this Plan is published on the NSW legislation website.
1.8A Savings provisions 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 been exhibited but had not commenced.
(2) For the purposes of determining development application D/2012/893, lodged with Council on 13 June 2012, block 2 within the meaning of clause 52A of Sydney Local Environmental Plan 2005 is taken to include Lot 1, DP 913005.
(3) The amendments made to this plan by Sydney Local Environmental Plan Amendment (Serviced Apartments) 2019 do not apply to a development application made but not finally determined before the commencement of those amendments.
(4) A development application made, but not finally determined, before 1 July 2021 must be determined as if Sydney Local Environmental Plan 2012 (Amendment No 52) had not commenced if the application relates to development—
(a) on land in Central Sydney, or
(b) on residual land within the meaning of clause 7.13.
(5) The amendments made to this plan by Sydney Local Environmental Plan 2012 (Amendment No 64) do not apply to—
(a) a concept development application or a development application made but not finally determined before the commencement of the amendments, or
(b) a development application made after the commencement of the amendments, if the development application is subsequent to, and made in reliance on, a concept development application in relation to the same development that was—
(i) made but not finally determined before the commencement of the amendments, or
(ii) granted development consent before the commencement of the amendments.
(6) Despite subclause (5), an amount of additional floor space calculated under clause 6.4(1A) as inserted by Sydney Local Environmental Plan 2012 (Amendment No 64)—
(a) applies to a development application subsequent to, and made in reliance on, a development application or concept development application made in relation to the same development, and
(b) is calculated by reference to the additional floor space available on the date the application being relied on was made.
(7) A development application or an application for a complying development certificate made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2022 must be determined as if that Policy had not commenced.
(8) The amendments made to clause 7.13 by Sydney Local Environmental Plan Amendment (Affordable Housing) 2023 do not apply to a development application relating to Ultimo-Pyrmont that is made but not finally determined before the commencement of the amendments.
(9) The following applications must be determined as if Sydney Local Environmental Plan 2012 (Amendment No 109) had not commenced—
(a) a development application, including a concept development application, made but not finally determined before the plan commenced,
(b) an application to modify a development consent made but not finally determined before the plan commenced,
(c) a development application made after the plan commenced but which is made subsequent to, and in reliance on, a consent granted on the determination of a concept development application before the plan commenced,
(d) an application to modify a development consent, including a consent granted on the determination of a concept development application, made after the plan commenced but which relates to a development consent granted before the plan commenced,
(e) a development application, including a concept development application, relating to development for which environmental assessment requirements, within the meaning of the Environmental Planning and Assessment Regulation 2021, Part 8, were notified before the plan commenced.
(10) A development application lodged, but not finally determined, before the commencement of Sydney Local Environmental Plan 2012 (Amendment No 113) must be determined as if that plan had not commenced.
cl 1.8A: Am 2019 (661), Sch 1.2[1]; 2021 (207), Sch 1[1]; 2021 (717), Sch 1[1]; 2022 (826), Sch 1.4[1] [2]; 2022 (850), cl 4(1)–(3); 2023 (627), Sch 1.1[1]; 2025 (251), Sch 1[1]; 2025 (695), Sch 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—
(2A) State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Divisions 1, 2, 3 and 5 and Chapter 3, Part 3 do not apply to—
(a) land at Green Square or at Ultimo-Pyrmont, or
(b) southern employment land, or
(c) land at the Waterloo Metro Quarter, or
(d) land in Central Sydney, or
(e) land at 17–31 Cowper Street or 2A–2D Wentworth Park Road, Glebe, or
(f) Botany Road Precinct Opportunity Land, or
(g) Waterloo Estate (South)—Area 1, or
(h) Waterloo Estate (South)—Area 2.
(2B) State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 4 does not apply to—
(a) land at Green Square or at Ultimo-Pyrmont, or
(b) southern employment land, or
(c) land at the Waterloo Metro Quarter, or
(d) land at 17–31 Cowper Street or 2A–2D Wentworth Park Road, Glebe, or
(e) Waterloo Estate (South)—Area 1, or
(f) Waterloo Estate (South)—Area 2.
(2C) State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 does not apply to land at 600–660 Elizabeth Street, Redfern.
(2D) State Environmental Planning Policy (Housing) 2021, sections 74(2)(b)–(d) and 76 do not apply to Central Sydney.
(2E) State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Divisions 1 and 2 and Chapter 3, Parts 3 and 5 do not apply to land identified as “Explorer Street, Eveleigh” on the Locality and Site Identification Map.
cl 1.9: Am 2015 (294), Sch 1 [1]; 2019 (449), Sch 1 [1]; 2021 (207), Sch 1[2]; 2021 (431), cl 4; 2021 (534), Sch 1[1]; 2021 (714), Sch 10.18[1]; 2022 (50), Sch 1[1]; 2022 (678), Sch 1[1]; 2022 (679), Sch 1[1] [2]; 2024 (657), Sch 1[1]; 2025 (566), Sch 1[1].
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, or
(h) to land in Central Sydney.
(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
R1 General Residential
This is an opening excerpt, not the complete document.