Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
**What this Plan does (mechanics)
This is the local environmental plan (LEP) that sets land-use rules for The Hills area. It applies to the land shown on the Plan’s maps (cl 1.3). The Council is the consent authority for most development decisions (cl 1.6).
Zoning and permitted uses: the Plan divides land into zones (e.g. RU1, R1, R3, E1, MU1, SP2 etc) and for each zone the Land Use Table lists permitted without consent, permitted with consent, and prohibited development (cls 2.1–2.3 and the Land Use Table). Schedule 1 adds some site‑specific permitted uses.
Development controls: the Plan contains the basic development standards that apply across the area, including minimum lot sizes and subdivision rules (cls 4.1, 4.1A–4.1C, 2.6), building height limits (cl 4.3 and Height of Buildings Map), floor space ratio (FSR) limits (cl 4.4 and FSR Map), calculation rules for FSR (cl 4.5), and an exceptions pathway for contravening standards in limited circumstances (cl 4.6).
Exempt and complying development: some low‑impact works are exempt (Schedule 2, cl 3.1) and some may be approved as complying development (Schedule 3, cl 3.2). There are explicit exclusions for environmentally sensitive areas (cl 3.3).
Site‑ and precinct‑specific rules: Parts 6–9 and many clauses in Part 7 set tailored controls for urban release areas and station precincts (for example Bella Vista/Kellyville, Showground). These include special minimum lot sizes, incentive FSRs, building setbacks, active street‑frontage and design‑excellence requirements, and mandatory development control plans (e.g. cls 6.3, 7.11, 7.19, 8.5–8.8, 9.4–9.5).
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Direct links to the current provisions in The Hills Local Environmental Plan 2019.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
RU6 Transition
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
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
W2 Recreational Waterways
cl 2.1: Am 2022 (828), Sch 1.23[1]; 2024 (42), Sch 1.46[1]–[4].
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 2020 (50), cl 4(2); 2021 (396), Sch 1[6]–[14]; 2022 (314), Sch 1; 2022 (828), Sch 1.23[2] (am 2023 (188), Sch 1.2[1]); 2023 (458), Sch 2.74; 2024 (42), Sch 1.46[5] [6]; 2024 (275), Sch 1[1].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU5 Village
Zone RU6 Transition
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
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 W2 Recreational Waterways
3 Permitted with consent
Agriculture; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Crematoria; Dual occupancies (attached); Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Garden centres; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Service stations; Veterinary hospitals; Water supply systems
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 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 | | Zone C2 Environmental Conservation and marked “Local Environmental Conservation” | Council | | Zone SP2 Infrastructure and marked “Railway Corridor” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Stormwater Management System” | Sydney Water Corporation | | Zone SP2 Infrastructure and marked “Public Transport Corridor” | Transport for NSW | | Zone SP2 Infrastructure and marked “Local Road Widening” | Council |
(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 2020 No 30, Sch 4.111; 2024 (42), Sch 1.46[7].
Part 6 Urban release areas
6.1 Definitions
In this Part—
public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
urban release area means an area of land shown hatched and marked “Urban Release Area” on the Urban Release Area Map.
cl 6.1: Am 2023 (554), Sch 2.40[2].
Part 7 Additional local provisions
7.1 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 an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Part 8 Bella Vista and Kellyville Station Precincts
8.1 Temporary use of land in Zone SP4 for the purpose of an entertainment facility
Despite clause 2.8(2), the temporary use of land within the Bella Vista Station Precinct or the Kellyville Station Precinct that is in Zone SP4 Enterprise may be for a maximum period of 3 years, but only if the temporary use of land is for the purpose of an entertainment facility.
cl 8.1: Am 2022 (828), Sch 1.23[10] [11].
Part 9 Showground Station Precinct
9.1 Minimum lot sizes for residential flat buildings and shop top housing
Despite any other provision of this Plan, development consent may be granted to development on a lot within the Showground Station Precinct in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table.
| Column 1 | Column 2 | Column 3 | | Residential flat building with a building height of 11 metres or more | Zone R1 General Residential | 3,600 square metres | | Zone R4 High Density Residential | 3,600 square metres | | Zone E1 Local Centre | 3,600 square metres | | Residential flat building with a building height of less than 11 metres | Zone R1 General Residential | 1,800 square metres | | Zone R4 High Density Residential | 1,800 square metres | | Shop top housing | Zone R1 General Residential | 3,600 square metres | | Zone R4 High Density Residential | 3,600 square metres | | Zone E1 Local Centre | 3,600 square metres |
cl 9.1: Am 2022 (828), Sch 1.23[7].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2020 (24), cl 5; 2020 (271), Sch 1[3]; 2020 (421), Sch 1[1]–[3]; 2021 (396), Sch 1[17] [20]–[22]; 2021 (803), Sch 1[2]; 2022 (828), Sch 1.23[14]–[18] [19] (am 2023 (188), Sch 1.2[3]); 2023 (578), Sch 1; 2026 (70), Sch 1.
10 Use of certain land at 26–30 Norbrik Drive, Bella Vista
(1) This clause applies to land at 26–30 Norbrik Drive, Bella Vista, being Lot 1, DP 1217654, shown as “Item 11” on the Additional Permitted Uses Map.
(2) Development for the purposes of seniors housing is permitted with development consent.
11 Use of certain land at 2 Natura Rise, Norwest
(1) This clause applies to certain land at 2 Natura Rise, Norwest, being SP 97750, shown as “Item 13” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) restaurants or cafes, but only if the total maximum gross floor area of all restaurants and cafes on the land does not exceed 200m2,
(b) business premises or shops, but only if the total maximum gross floor area of all business premises and shops on the land does not exceed 200m2.
12 Use of certain land at 522 Windsor Road, Baulkham Hills
(1) This clause applies to land at 522 Windsor Road, Baulkham Hills, being Lot 553, DP 773889 and Lot 22, DP 1075051, shown as “Item 14” on the Additional Permitted Uses Map.
(2) Development for the purposes of seniors housing and associated restaurants or cafes, shops or business premises is permitted with development consent.
(3) Development consent under this clause may only be granted if—
(a) the number of beds contained in a residential care facility that is part of the development does not exceed 120, and
(b) the number of self-contained dwellings contained in the development does not exceed 70, and
(c) the gross floor area of any restaurant or cafe, shop or business premises contained in the development is no more than 100m2, with a maximum combined gross floor area of no more than 300m2.
13 Use of certain land at Fullers Road and Old Northern Road, Glenhaven
(1) This clause applies to certain land at Glenhaven, being—
(a) 2 and 2a Fullers Road, being Lots 1 and 2, SP 46522, and
(b) 434 Old Northern Road, being Lot 1, DP 369807,
shown as “Item 15” on the Additional Permitted Uses Map.
(2) Development for the purpose of seniors housing is permitted with development consent if the seniors housing comprises no more than 9 self-contained dwellings.
14 Use of certain land within Bella Vista Station Precinct and Kellyville Station Precinct in Zone SP2
(1) This clause applies to certain land within the Bella Vista Station Precinct and the Kellyville Station Precinct that is in Zone SP2 Infrastructure, shown as “Item 20” on the Additional Permitted Uses Map.
(2) Development for the purposes of an environmental facility or a recreation area is permitted with development consent.
15 Use of certain land within Bella Vista Station Precinct and Kellyville Station Precinct in Zones R1 and R4
(1) This clause applies to certain land within the Bella Vista Station Precinct and the Kellyville Station Precinct that is in Zone R1 General Residential and Zone R4 High Density Residential, shown as “Item 21” on the Additional Permitted Uses Map.
(2) Development for the purposes of an exhibition village or recreation facility (outdoor) is permitted with development consent.
16 (Repealed)
17 Use of certain land at 55 Coonara Avenue, West Pennant Hills
(1) This clause applies to certain land at 55 Coonara Avenue, West Pennant Hills, being parts of Lot 61, DP 737386, that is in Zone C2, shown as “Item 23” and “Item 24” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation areas or recreation facilities (indoor) is permitted with development consent on the land shown as “Item 23”.
(3) Development for the following purposes is permitted with development consent on the land shown as “Item 24”—
(a) building identification signs,
(b) kiosks,
(c) recreation areas,
(d) restaurants or cafes, but only if the gross floor area of any restaurant or cafe on the land does not exceed 50 square metres.
18 Use of certain land at 40 Solent Circuit, Norwest
(1) This clause applies to land at 40 Solent Circuit, Norwest, being Lot 2107, DP 1216268, shown as “Item 12” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises, recreation facilities (indoor), restaurants or cafes and shops is permitted with development consent if—
(a) the total gross floor area used for those purposes on land to which this clause applies does not exceed 4,500m2, and
(b) the gross floor area of all shops on land to which this clause applies does not exceed 1,000m2.
19 Use of certain land at 25–31 Brookhollow Avenue, Norwest
(1) This clause applies to 25–31 Brookhollow Avenue, Norwest, Lot 71, DP 1252765, identified as “Item 25” on the Additional Permitted Uses Map.
(2) Development for the purposes of neighbourhood supermarkets is permitted with development consent if the gross floor area of all neighbourhood supermarkets on the land is no more than 1,000m2.
20 Use of certain land for residential flat buildings
(1) This clause applies to land in Zone E1 identified as “Item 26” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
21 Use of certain land at 346–350 Old Northern Road, Castle Hill
(1) This clause applies to Lot 503, DP 1048808, 346–350 Old Northern Road, Castle Hill, identified as “Item 29” on the Additional Permitted Uses Map.
(2) Development for the purposes of seniors housing is permitted with development consent.
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 2021 (20), Sch 1; 2022 (828), Sch 1.23[20] [21] (am 2023 (82), Sch 1.2[10]) [22].
Signage—business identification signs associated with home businesses, home industries or home occupations
(1) Only one per premises.
(2) Maximum area—0.72m2.
(3) Maximum height of freestanding sign—1.2m above natural ground level.
(4) Must not be illuminated.
Signage—real estate signs—advertising on premises or land for sale or rent
(1A) Must be carried out on land in—
(a) a rural, residential or employment zone, or
(b) Zone MU1, SP3, SP4, C3 or C4.
(1) Only one per premises or street frontage, whichever is the greater.
(2) Maximum area—2.5m2.
(3) Must be removed when the property is sold or leased.
(4) If located on a fence, must not project more than 100mm from the fence.
(5) Must be displayed on the premises or land to which the sign relates.
Signage—temporary signs for religious, cultural, social or recreational events
(1) Only one per street frontage.
(2) Maximum area (residential areas)—1.5m2.
(3) Maximum area (commercial and industrial areas)—3.5m2.
(4) Must not include commercial advertising apart from the name of any event sponsor.
(5) Must not be displayed earlier than 28 days before the event and must be removed within 14 days after the event.
Temporary use of land
The temporary use of land for any of the following purposes for a maximum period of 14 days (whether or not consecutive days) in any period of 12 months—
(a) market,
(b) circus,
(c) auction,
(d) community event.
Signage—Bus shelter advertising
(1) Maximum—1 advertising panel per bus shelter, but the panel may have an advertisement on each side.
(2) Maximum display area per panel on each side—1.2m × 1.8m.
(3) Must not contain flashing or moving electronic content.
(4) Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.
(5) Must not adversely impact the amenity of a heritage item.
(6) Must be erected by or on behalf of the Council.
Signage—Advertising affixed to pole of street sign
(1) Maximum—2 advertising panels per street sign, but the panels may have an advertisement on each side.
(2) Maximum display area per panel on each side—1.2m × 1.8m.
(3) Must not contain flashing or moving electronic content.
(4) Must comply with the Disability Standards for Accessible Public Transport 2002 made under the Disability Discrimination Act 1992 of the Commonwealth and relevant Australian standards.
(5) If the street sign is in Zone RU1, Zone RU2, Zone RU3, Zone RU6, Zone R2 or Zone C4—must only be located on or near a main road.
(6) Must not adversely impact the amenity of a heritage item.
(7) Must be erected by or on behalf of the Council.
Signage—Advertising on side of pedestrian bridge above road
(1) Maximum—1 advertising panel per direction of traffic under pedestrian bridge.
(2) Must provide safe vertical clearance for vehicles.
(3) Must not block visibility of oncoming traffic.
(4) Must not contain flashing signage.
(5) Must comply with the Minimum coefficients of Luminous intensity per unit area for Class 2A Material in AS/NZS 1906.1:2007, Retroreflective materials and devices for road traffic control purposes, Part 1: Retroreflective sheeting.
(6) Must not adversely impact the amenity of a heritage item, the curtilage of a heritage item or existing public view lines of the heritage item.
(7) Must be erected by or on behalf of the Council.
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.
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)
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2021 (396), Sch 1[23] [24].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is The Hills Local Environmental Plan 2019.
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 The Hills 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 guide the orderly and sustainable development of The Hills, balancing its economic, environmental and social needs,
(b) to provide strategic direction and urban and rural land use management for the benefit of the community,
(c) to provide for the development of communities that are healthy, connected and inclusive and that have services and facilities that meet their needs,
(d) to provide for well planned and liveable neighbourhoods through efficient and safe transport infrastructure, a range of housing options, and a built environment that is compatible with the cultural and natural heritage of The Hills,
(e) to preserve and protect the natural surroundings of The Hills and to identify environmentally significant land for the benefit of future generations,
(f) to contribute to the development of a prosperous local economy through the identification and management of land to promote employment opportunities, rural productivity and tourism.
cl 1.2: Am 2021 (396), Sch 1[1]–[4].
Environmental, heritage and hazard controls: the Plan requires heritage consent for works affecting listed heritage items and areas (cl 5.10 and Schedule 5), protects terrestrial biodiversity in mapped areas (cl 7.4), regulates earthworks and acid sulfate soils (cls 7.2, 7.1), and contains flood and bush‑fire planning tests (cls 5.21, 5.11).
Other regulatory features: rules on temporary uses (cl 2.8), suspension of private covenants to allow development consistent with the Plan (cl 1.9A), public land classification (cl 5.2 and Schedule 4), developer contributions/affordable‑housing contributions for some sites (cl 7.28), site‑specific parking controls and commercial floor limits for named lots (various cll in Part 7 and Schedules).
Who this affects
Property owners and prospective purchasers: the Plan fixes what may be built, how parcels can be subdivided and what uses are allowed. Site‑specific maps and clauses may change permitted uses and development intensities for particular lots.
Developers and builders: they must design to the numerical limits (height, FSR, lot size) and to qualitative tests (design excellence, heritage impact, biodiversity and flood/bushfire constraints). Precincts may require a development control plan and design review or competition for taller buildings (e.g. cl 8.6).
The Council and State agencies: Council decides most applications; some developments require concurrence or conditions involving Transport for NSW, Sydney Water and other State authorities (for example cl 5.1 and cl 7.16).
Neighbours and the community: the Plan limits some uses (e.g. canal estates prohibited at cl 2.9), protects heritage and bushland, prescribes active street frontages in centres, and sets temporary use allowances.
Why it matters (official objectives and practical effects)
How the Plan changes incentives, and the key trade‑offs to watch (practical testing of purpose claims)
Incentives for higher density near transport: the Plan creates FSR incentives and explicit higher‑height allowances in rail station precincts subject to conditions (e.g. design excellence, public open space, parking ratios) (cls 7.11, 8.6, 8.3). Mechanism: an uplift in permissible floor area is made available where developers meet design, housing mix and public‑domain conditions. Trade‑off: higher density is permitted but only if developers bear design, infrastructure and public‑space deliverables (increased construction and compliance costs).
Concentrated site benefits vs diffuse controls: many site‑specific clauses (Part 7 and Schedule 1) give particular parcels extra permissibility or higher limits (e.g. specific lots with higher heights or permitted uses). Mechanism: targeted rezonings or site clauses. Effect: some landowners gain concentrated value; neighbouring owners face changed amenity and planning expectations.
Compliance burden and discretionary approvals: a large part of the Plan relies on Council discretion (design excellence, heritage assessments, biodiversity tests, exceptions to standards). Mechanism: qualitative assessment triggers consultant reports, design review panels, heritage management documents and site‑specific DCPs (eg cls 5.10, 7.7, 8.5). Cost: applicants pay for studies and may face uncertainty and longer approvals.
Environmental protections create constraints and conditional complexity: mapped biodiversity, landslide, foreshore and acid‑sulfate layers require additional tests and management plans (cls 7.4, 7.6, 7.5, 7.1). Mechanism: triggers for specialist reports and design mitigation. Trade‑off: retains environmental values (stated aim) but increases project cost and reduces developable area.
Public infrastructure coordination: subdivision and major development in urban release areas require certainty that public utility infrastructure is or will be available (cl 6.3). Mechanism: the Council must be satisfied about utilities before consenting; developers may need to fund or stage works. Risk: planning outcomes dependent on timely delivery of services.
Affordable housing and developer contributions: the Plan allows the consent authority to require an affordable housing contribution where an Area map applies; contributions can be land or money and are calibrated to gross floor area (cl 7.28). Mechanism: conditions on consents that capture a share of floor space value or equivalent payment. Effect: increases development cost but targets housing affordability according to local principles.
Who pays, who decides, what behaviour changes
Who pays: developers and landowners pay most direct costs — compliance (reports, DCPs, design competitions/review fees), contributions or dedication for affordable housing or public open space, and costs of meeting utility/infrastructure staging requirements.
Who decides: the Council is the primary decision‑maker for development consents; some decisions must take into account or obtain concurrence from State agencies (Transport for NSW, Sydney Water, Planning Secretary in some design exemption cases) (cll 5.1, 7.16, 8.6(7)).
Behaviour changes induced: landowners will target permitted intensities where incentives exist (station precincts, Area B/Floor Space Ratio incentives), developers will bundle design excellence and public‑domain deliverables to secure higher FSR/height, and applicants will need to factor in heritage, biodiversity and hazard mitigation early in project planning.
Practical implementation risks and compliance points
Complexity and mapping: many controls are map‑driven (Zoning Map, Height Map, FSR Map, Biodiversity Map, Heritage Map, Active Street Frontages Map). Applicants must check the parcel‑specific maps and schedules to know which special clauses apply.
Discretion and delay: qualitative tests (design excellence, heritage, biodiversity) increase reliance on consultant inputs, design review panels and Council judgement—raising time and cost uncertainty.
Infrastructure gating: some approvals depend on utilities being available or on consolidation/aggregation of lots (cl 6.3; cl 7.11A requires amalgamation in some cases). This can require developer funding or staged delivery.
Concentrated winners: site‑specific clauses and precinct incentives create uneven effects — some landowners get expanded rights; others simply face limiting overlays (heritage, biodiversity, flood) with no equivalent uplift.
Practical takeaways
If you own or want to develop land in The Hills: check the maps and the specific clauses and schedules that apply to your lot; be prepared for consultant reports (heritage, biodiversity, geotechnical, flood), possible design review and conditions requiring land dedication or monetary contributions.
If you are a developer: the Plan offers targeted opportunities for uplift (station precincts and some named lots) but these require meeting design, housing mix and public‑space conditions and accepting higher upfront compliance costs.
(References: key clauses cited above are the Plan’s internal references — e.g. cl 1.3 Land to which Plan applies; cl 2.1 zones and Land Use Table; cl 4.1 minimum lot sizes; cl 4.3 building height; cl 4.4 FSR; cl 3.1–3.3 exempt/complying; cl 5.10 heritage; Part 8 Bella Vista/Kellyville precinct clauses; cl 7.28 affordable housing.)
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.
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.
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 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) (Repealed)
(3) An amendment made to this plan by The Hills Local Environmental Plan 2019 (Amendment No 7) or The Hills Local Environmental Plan 2019 (Amendment No 18) does not apply to a development application made but not finally determined before the commencement of the amendment.
(4) An amendment made to this Plan by Schedule 1.2 of The Hills Local Environmental Plan 2019 (Amendment No 3) does not apply to a development application made but not finally determined before the commencement of the amendment.
(5) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Bella Vista and Kellyville Transport Oriented Development Precincts) 2024 must be determined as if that policy had not commenced.
(6) An amendment made to clause 8.6 by State Environmental Planning Policy Amendment (Exemptions) 2024 does not apply in relation to—
(a) a development application made, but not finally determined, before the commencement of the amendment, or
(b) a development application made on or after 30 November 2027.
cl 1.8A: Am 2020 (50), cl 4(1); 2020 (424), Sch 1.2[1] [2]; 2021 (155), Sch 1[1]; 2021 (396), Sch 1[5]; 2024 (592), Sch 1[1]; 2024 (594), Sch 5.2[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 biodiversity certification conferred under Part 8 of the Biodiversity Conservation Act 2016, or
(c) to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(e) to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act 2013, or
(f) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to any planning agreement within the meaning 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).
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
RU6 Transition
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
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
W2 Recreational Waterways
cl 2.1: Am 2022 (828), Sch 1.23[1]; 2024 (42), Sch 1.46[1]–[4].
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.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
This is an opening excerpt, not the complete document.