Part 1
Introduction
Part 1 Introduction
Part 1 Introduction
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New South Wales regulation
The Warringah Local Environmental Plan 2000 is a legally binding land‑use and development control for the former Warringah council area (Northern Beaches suburbs like Brookvale, Dee Why, Frenchs Forest). It sets what can be built, size limits, protected land and when council approval is needed. It affects property owners, developers, businesses and Northern Beaches Council — and has been amended many times; much is now superseded by the Northern Beaches LEP 2021.
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Direct links to the current provisions in Warringah Local Environmental Plan 2000.
Part 1 Introduction
1 What is the name of this plan?
The name of this plan is Warringah Local Environmental Plan 2000.
2 Where does this plan apply?
(1) This plan applies to that part of Northern Beaches local government area to which this plan applies (in this plan referred to as Warringah).
(2) However, this plan does not apply to any land while it is shown on the map as “Deferred Matter”.
Note—
On the commencement of clause 1.8 of Warringah Local Environmental Plan 2011, this plan ceases to apply to land to which that plan applies. However, this plan will continue to apply to land identified as “Deferred matter” on the Land Application Map under that plan.
cl 2: Am 2011 (649), Sch 6.3; 2017 (325), Sch 2 [1].
3 What are the purposes of this plan?
The purposes of this plan are—
(a) as far as possible, to integrate into one document all environmental planning instruments affecting the development of land in Warringah and ensure that this plan is the sole environmental planning instrument applying to the land to which it relates, and
(b) to describe the desired characters of the localities that make up Warringah and relate the controls on development to the achievement of the desired characters of those places, and
(c) to establish limits to the exercise of discretion with regard to the control of development, and
(d) to provide decision-making processes appropriate to the nature and extent of discretion to be exercised, and
(e) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
Note—
The term development is defined broadly by the Environmental Planning and Assessment Act 1979 (the EP&A Act) and includes the erection of buildings, the carrying out of works, the use of land or of a building or work on that land, and the subdivision of land.
cl 3: Am 2020 (724), Sch 1.16.
4 (Repealed)
5 What effect has this plan on other environmental planning instruments?
(1) Except as provided by subclause (2), the following environmental planning instruments do not apply to the land to which this plan applies while this plan has effect—
State Environmental Planning Policies Nos 1, 4, 5, 6, 9, 11, 19, 21, 22, 33, 35, 44, 45 and 56,
Sydney Regional Environmental Plans Nos 9, 20 and 21,
Warringah Local Environmental Plan 1985.
(2) Any development applications submitted before, but not finally determined when this plan took effect for the land to which they relate, are to be determined as if those other environmental planning instruments continue to have effect and as if this plan had been exhibited but had not been made.
(3) Any development application submitted, but not finally determined, before the commencement of a relevant amending plan is to be determined as if the relevant amending plan had been exhibited but had not been made.
(4) In subclause (3)—
relevant amending plan means any of the following local environmental plans—
cl 5: Am 5.10.2001; 2006 (483), Sch 1 [1]; 2008 (296), Sch 1 [1].
6 Definitions and notes
(1) The Dictionary defines some of the words used in this plan.
(2) Notes, copies of charts and diagrams inserted in this plan, and the list of its contents, are explanatory and do not form part of this local environmental plan. They are provided to assist understanding. However, the Dictionary and Appendices are part of this plan.
(3) In this plan, a reference to a map or diagram is to a map or diagram deposited in the office of the Council.
Note—
From time to time this local environmental plan (LEP) will be amended. This may happen to give effect to a change in planning policy for a locality, or for Warringah as a whole. It may also happen to improve the way this LEP operates. An LEP is usually amended by the preparation of a new LEP (an amending LEP). As with all LEPs, amending LEPs must be publicly exhibited and made by the Minister.
Part 2 Control of development
7 What development requires consent?
All development requires consent except—
(a) exempt development, being development of minimal environmental impact identified in Schedule 1 (Exempt development), when carried out in accordance with the requirements of that Schedule, and
(b) development identified in Schedule 2 (Other development not requiring consent), when carried out in accordance with the requirements of that Schedule.
8 What development is complying development?
(1) Individual Locality Statements may identify what development is complying development within that locality.
(2) No matter what a Locality Statement says, however, complying development does not include development—
(a) within an area shown cross-hatched on the map, or
(b) on land that is identified as bushfire, slip or flood prone on maps deposited in the office of the Council, or
(c) within a zone of wave impact identified on the map, or
(d) on land that contains a heritage item, or
(e) on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map, where the development involves any works specified for that land in clause 49A.
(3) Development is complying development only if it complies with the deemed-to-satisfy provisions of the Building Code of Australia.
(4) Development is complying development only if it does not contravene any condition of a development consent applying to the land.
(5) Development is complying development only if a plan showing where it will be carried out has been stamped by Sydney Water Corporation to indicate compliance with Sydney Water Corporation’s building over sewer requirements. This requirement does not apply to internal alterations and demolition.
cl 8: Am 3.8.2001.
9 What conditions apply to complying development?
Complying development certificates must include the conditions set out in Schedule 3 (Conditions of complying development certificates).
Note—
Complying development is development that can be approved by accredited certifiers, as well as the consent authority, if it meets specified predetermined development standards. In addition to the circumstances in clause 8 (2), section 76A (6) of the Act also provides additional restrictions on complying development including, among other things, that complying development cannot include development on land that comprises, or on which there is, a heritage item and development which requires the concurrence of another body, including the Director-General of National Parks and Wildlife. You should refer to the Act for more detailed information.
10 What development is prohibited?
The following development is prohibited—
(a) development identified as being prohibited within a Locality Statement, and
(b) signs of the type listed in Schedule 4 (Prohibited signs).
11 Who is the consent authority?
For the purposes of this plan and subject to the Act, the Council is the consent authority.
cl 11: Am 2005 (194), Sch 4.28 [1].
cl 11, note: Rep 2005 (194), Sch 4.28 [2].
12 What matters are considered before consent is granted?
(1) Before granting consent for development the consent authority must be satisfied that the development is consistent with—
(a) any relevant general principles of development control in Part 4, and
(b) any relevant State environmental planning policy described in Schedule 5 (State policies).
(2) Before granting consent for development, the consent authority must be satisfied that the development will comply with—
(a) the relevant requirements made by Parts 2 and 3, and
(b) development standards for the development set out in the Locality Statement for the locality in which the development will be carried out.
(3) In addition, before granting consent for development classified as—
(a) Category One, the consent authority must consider the desired future character described in the relevant Locality Statement, or
(b) Category Two or Three, the consent authority must be satisfied that the development is consistent with the desired future character described in the relevant Locality Statement,
but nothing in a description of desired future character creates a prohibition on the carrying out of development.
Note—
Before granting consent for development the consent authority must consider the matters set out under section 79C of the Act.
To assist with understanding: Category One development is development that is generally consistent with the desired future character of the locality, Category Two development is development that may be consistent with the desired future character of the locality, and Category Three development is development that is generally inconsistent with the desired future character of the locality.
cl 12: Am 3.12.2004.
cl 12, note: Am 3.12.2004.
13 To what extent should neighbouring Locality Statements be considered?
Before granting consent for development within a locality, the consent authority must consider the provisions of a Locality Statement applying to a neighbouring locality if the extent to which they should be considered is specifically described in the Locality Statement for the locality in which the development is proposed.
14 How will the use of land be controlled?
(1) For the purposes of clause 12, development of land within a locality is classified by the relevant Locality Statement as being within one of three following categories—
(a) Category One,
(b) Category Two,
(c) Category Three.
(2) Notwithstanding subclause (1), subdivision, other than when exempt development, is Category Two development.
(3) Development of Category Three proposed on the site of a heritage item is taken to be development of Category Two if the consent authority is satisfied that—
(a) the retention of the item depends on the granting of consent to the proposed development, and
(b) the proposed development is in accordance with a conservation plan approved by the consent authority, and
(c) the granting of consent to the proposed development would ensure that all necessary work identified in the conservation plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item or its setting, and
(e) the proposed development would not adversely affect the amenity of surrounding land.
cl 14: Am 29.11.2002.
14A How is existing Category One or Category Two development dealt with?
(1) In this clause—
existing Category One development—
(a) means development that—
(i) is classified as Category One, and
(ii) was being lawfully carried out when this plan came into force, and
(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
existing Category Two development—
(a) means development that—
(i) is classified as Category Two, and
(ii) was being lawfully carried out when this plan came into force, and
(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
(2) This clause applies to development that involves—
(a) alterations or additions to a building the use of which is existing Category One development or existing Category Two development, or
(b) the expansion or intensification of existing Category One development or existing Category Two development, or
(c) the rebuilding of a building the use of which is existing Category One development or existing Category Two development, or
(d) any combination of paragraph (a), (b) or (c).
(3) This clause does not apply to development that involves a change of use of a building the use of which is existing Category One development or existing Category Two development.
(4) Despite clauses 12 (2) (b) and (3) and 20 (1) and (3), the consent authority may consent to the carrying out of development to which this clause applies, but only if the consent authority is satisfied that the development—
(a) is of minor environmental impact, and
(b) does not, to any significant extent, alter the bulk, size or scale of any existing building or existing land use, and
(c) results in an improvement to the existing character of the locality in which it occurs, and
(d) is confined to the current lot (or lots) on which the existing Category One development or existing Category Two development is being carried out.
cl 14A: Ins 2005 (561), Sch 1 [1].
15 Does Category Three development involve extra procedures?
(1) Consent may be granted to development classified as Category Three only if the consent authority has considered a statement of environmental effects that includes the items listed in Schedule 15.
(2) The consent authority must not grant consent to an application that includes development classified as Category Three unless the consent authority has considered the findings and recommendations of an independent public hearing into the application, including reasons for its recommendations.
(3) The independent public hearing is to be convened by the Council or its delegate. The purpose of the independent public hearing is—
(a) to provide a forum for allowing interested parties an opportunity to be heard openly by an independent panel, and
(b) to undertake an independent assessment of the proposed development classified as Category Three.
(4) An independent public hearing is to be convened and conducted, and make findings and recommendations, in accordance with such procedures as may be determined by the Council.
(5) Nothing in this clause affects any right of appeal conferred by section 97 of the Act.
16 How is existing Category Three development dealt with?
(1) In this clause, existing Category Three development means development classified as Category Three that could have been lawfully carried out immediately before it became so classified, including development that could have been lawfully carried out at that time because it was an existing use, as defined in section 106 of the Act.
(2) Development applications for existing Category Three development consisting of—
(a) alterations or additions to, or the rebuilding of, a building, or
(b) the expansion or intensification of existing Category Three development,
which, in the opinion of the consent authority, is of a minor nature and does not, to any significant extent, change the scale, size or degree of any building or land use, may be granted consent even if the development is not consistent with the desired future character of the locality.
(3) The provisions of clauses 14 and 15 do not apply to such applications.
Note—
In deciding whether an application for consent to additions etc is of a minor nature, the Council will have regard to any relevant matter, including the built form controls (development standards) for the locality.
17 How will the use of public open space be controlled?
(1) The location of public open space is identified on the map.
(2) Public open space can be developed for any purpose that is consistent with a plan of management applying to that public open space.
(3) In the absence of a plan of management, only exempt development and development for the purpose of recreation facilities can be carried out on public open space.
(4) Development on public open space, other than exempt development, is to be regarded as Category Two development.
(5) If public open space contains bushland, any development which will disturb that bushland should be carried out only if a plan of management has been prepared which specifically assesses the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and the consent authority is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland.
(6) Upon acquisition by the Council of any land shown on the map as reserved for public open space, and on vesting in the Council of land dedicated to the Council for the purposes of public open space, the land shall be deemed to be public open space for the purposes of this clause.
Note—
Any development of public open space must also be consistent with a plan of management for that land prepared in accordance with the Local Government Act 1993, in the case of public open space that is owned by the Council, or a plan of management prepared in accordance with the Crown Land Management Act 2016, in the case of public open space that is Crown land.
18 How will the built form of development be controlled?
(1) Built form will be controlled in accordance with the general principles of development control, the desired future character of the locality and the development standards set out in the Locality Statement.
(2) Strict compliance with development standards, however, does not guarantee that the development is consistent with either the general principles of development control or the desired future character of the locality.
(3) Nothing in this plan requires development to comply strictly with a quantitative requirement made in any general principle of development control.
cl 18: Am 3.12.2004.
19 When is a masterplan required?
(1) A masterplan is a document (consisting of written information, maps and diagrams) that makes more detailed provisions relating to development of the land to which it relates than this plan. A masterplan—
(a) outlines long-term proposals for development of the entire site to which the masterplan relates, and
(b) explains how those proposals address the range of matters outlined below.
(2) Where a Locality Statement requires development of land to be assessed with regard to a masterplan, the consent authority must not grant consent to that development unless—
(a) a masterplan for the development of the land has been adopted by the consent authority and the consent authority has had regard to it, or
(b) the consent authority has waived the requirement for the masterplan under subclause (3), or
(c) a draft masterplan for the land has been submitted to the consent authority for adoption, but either has been rejected by the consent authority or has not been adopted before the development application is deemed to have been refused by the Act.
If a Locality Statement requires development of land to be assessed with regard to a masterplan, but paragraph (b) or (c) applies, the consent authority must not grant consent to that development unless it has had regard to all matters listed in subclause (5) that are relevant to the proposed development.
(3) The consent authority may waive the requirement for a masterplan, but only if it is satisfied—
(a) that the proposed development is of a minor nature only and is ancillary to the current use of the land, or
(b) that the development to which the development application relates is for the purpose of providing public infrastructure or utility installations, or
(c) that the proposed development complies, without variation, with all of the built form controls in the Locality Statement.
(4) A masterplan may be prepared by, or on behalf of, the owner of the land concerned following consultation with the consent authority.
(5) A masterplan is to address, illustrate and explain, where appropriate, proposals covering the following range of matters (but is not limited to them)—
(a) design principles drawn from an analysis of the site and its context,
(b) phasing of development,
(c) distribution of land uses, including foreshore public access and open space,
(d) subdivision pattern,
(e) building envelopes and built form controls,
(f) pedestrian, cycle and road access and circulation network, with particular regard to public transport servicing,
(g) parking provisions,
(h) infrastructure provision,
(i) heritage conservation, including both Aboriginal and European heritage,
(j) remediation of the site,
(k) provision of public facilities,
(l) provision of open space, its function and landscaping,
(m) impact on, and improvements to, the public domain,
(n) identification and conservation of native flora and fauna habitat on the site, including any threatened species, populations or ecological communities,
(o) the principles of ecologically sustainable development,
(p) stormwater drainage and water management,
(q) bushfire hazard management,
(r) the relevant general principles of development control outlined in Part 4, and
(s) any other matter it is required to address by the relevant Locality Statement.
(6) Immediately after receiving a draft masterplan, the consent authority must advertise it in a newspaper circulating in the locality and exhibit it at the Council’s office for not less than 21 days, for public comment. The consent authority must consider any written submissions made about the content of the masterplan during the exhibition period.
(7) After considering a draft masterplan, the consent authority—
(a) may adopt the masterplan without variation, or
(b) may adopt the masterplan with such variations as it considers appropriate, or
(c) may reject the masterplan, specifying the grounds upon which the masterplan is rejected.
(8) A masterplan may be amended by a subsequent masterplan.
(9) An amendment to a masterplan may be dealt with concurrently with a development application.
20 Can development be approved if it does not comply with a development standard?
(1) Notwithstanding clause 12 (2) (b), consent may be granted to proposed development even if the development does not comply with one or more development standards, provided the resulting development is consistent with the general principles of development control, the desired future character of the locality and any relevant State environmental planning policy.
(2) In localities A2, A4, A5, A7, B2, B9, C8 and C10, the minimum area per dwelling required by the housing density standard is deemed to be the minimum allotment size for allotments created by subdivision.
(3) Where consent is granted for development that does not comply with one or more development standards, the Council is to ensure that the circumstances of the case and reasons for granting consent (in such a way that does not comply with the development standards) are included in a public register of such consents.
(4) This clause does not apply in relation to a development standard relating to maximum building height established by the Building Heights Map within the Dee Why Town Centre Locality Statement (E21).
cl 20: Am 2005 (561), Sch 1 [2]; 2008 (547), Sch 1 [1].
21 Can land be subdivided?
(1) Land can be subdivided so long as—
(a) the resulting allotments can be developed in accordance with this plan, or
(b) the resulting allotments contain buildings or works lawfully created or approved.
(2) Subclause (1) (b) does not apply to the following localities—
A2 Booralie Road, A4 Myoora Road, A5 McCarrs Creek Road, A7 Mona Vale Road North, B9 Mona Vale Road East, B2 Oxford Falls Valley, C8 Belrose North and C10 Mona Vale Road West.
(3) In addition to other matters specified in this plan, the consent authority must be satisfied that the proposed development is consistent with the provisions of Schedule 7 (Matters for consideration in a subdivision of land) before approving an application for consent to subdivide land.
cl 21: Am 21.12.2001.
22 When is a site analysis required?
(1) Consent must not be granted for any development, except complying development, involving the erection of, or additions to, a building, or the subdivision of land unless the consent authority has considered a site analysis.
(2) A site analysis should—
(a) contain information, where appropriate, about the site and its surrounds as described in Schedule 8 (Site analysis), and
(b) be accompanied by a written statement explaining how the design of the proposed development responds to the site analysis, and the relevant general principles of development control in Part 4 and the Locality Statement.
Note—
A site analysis is a drawing that records details of the site and its surrounds. Depending on the scale and the nature of the development proposed, a site analysis might simply take the form of notations on the development plan. For proposals likely to have greater impacts, a separate drawing might be required. In either event, a site analysis should not be seen as a standard exercise and the amount of information required in a site analysis will vary from proposal to proposal.
23, 24 (Repealed)
25 What notification requirements are there for remediation work?
Notification requirements for remediation work are contained in Schedule 9.
26 (Repealed)
27 When is category B remediation work ancillary to other development?
(1) A remediation work that would of itself be a category B remediation work but which is ancillary to designated development that requires development consent may, as an applicant chooses—
(a) be made part of the subject of the development application for the designated development instead of being made the subject of a separate development application, or
(b) be treated as a category B remediation work.
(2) However, a category A remediation work must be treated as such even if it is ancillary to development that may be carried out without consent.
(3) A remediation work that would of itself be a category A remediation work and constitute designated development does not, just because it is ancillary to other development—
(a) render the other development designated development, or
(b) cause that other development to become development for which development consent is required.
28 When should applications for category A remediation works not be refused?
(1) Consent for development for the purpose of a category A remediation work should not be refused unless the consent authority is satisfied that there would be a more significant risk of harm to human health or some other aspect of the environment from the carrying out of the work than there would be from the use of the land concerned (in the absence of the work) for any purpose for which it may lawfully be used.
(2) (Repealed)
cl 28: Am 2008 (571), Sch 3.183 [1].
29 On what grounds can applications for housing for older people or people with disabilities not be refused?
(1) This clause does not apply to land within the B6 War Veterans locality.
(2) Consent for development for the purpose of housing for older people or people with disabilities cannot be refused on the grounds of—
(a) building height
if all proposed buildings are 8 metres or less in height when measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point, or
(b) density and scale
if the density and scale of the buildings, when expressed as a floor space ratio is—
(i) 0.5:1 or less, except as provided by subparagraph (ii), or
(ii) 0.75:1 or less, for hostels and residential care facilities located within 400 metres walking distance of a public transport node (being a public transport facility such as a railway station, bus stop, or ferry wharf, that is serviced on a frequent and regular basis in daylight hours), or
(c) landscaped area
if a minimum of 35m2 of landscaped area per dwelling and 25m2 of landscaped area per hostel or residential care facility bed is provided, or
(d) parking
if at least the following is provided—
(i) in the case of a hostel or residential care facility, at least 1 parking space for each 10 beds in the hostel or residential care facility, and 1 parking space for each two persons to be employed in connection with the development and on duty at any one time, and 1 parking space suitable for an ambulance, and
(ii) in the case of dwellings, at least 0.5 car space for each bedroom where the development application is made by a person other than the Department of Housing or a local government or community housing provider, or 1 car space for each 5 dwellings where the development application is made by, or is made by a person jointly with, the Department of Housing or a local government or community housing provider, or
(e) visitor parking
if, in the case of development that comprises less than 8 dwellings and is not situated on a clearway, no visitor parking is provided within the development, or
(f) landscaped areas
if, in relation to that part of the site (being the site, not only of that particular development, but also of any other associated development to which this clause applies) that is not built on, paved or otherwise sealed, there is soil of a sufficient depth to support the growth of trees and shrubs on an area (preferably located at the rear of the site) of not less than the width of the site multiplied by 15% of the length of the site, or
(g) private open space for in-fill housing
if—
(i) in the case of a single storey dwelling or a dwelling that is located, wholly or in part, on the ground floor of a multi-storey building, not less than 15 square metres of private open space per dwelling is provided and, of this open space, one area is not less than 3 metres wide and 3 metres long and is accessible from a living area located on the ground floor, and
(ii) in the case of any other dwelling, there is a balcony with an area of not less than 6 square metres, that is not less than 1.8 metres in length and that is accessible from a living area.
30 (Repealed)
31 How can the Council make tree preservation orders?
(1) The Council may, by resolution, make, revoke or amend a tree preservation order.
(2) A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, poisoning, removing or willful destruction of any tree or trees to which a tree preservation order applies without development consent.
(3) This clause does not apply in respect of—
(a) trees within a State Forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or
(b) trees in a national park, within the meaning of the National Parks and Wildlife Act 1974, or
(c) the trimming or removal of trees in accordance with section 48 of the Electricity Supply Act 1995 or by an electricity distributor in accordance with clause 47 of the Electricity Supply (General) Regulation 1996, or
(d) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
(4) A tree preservation order and any revocation or amendment of such an order does not have effect until it has been published in a newspaper circulating in the Warringah local government area.
32 What effect do covenants and similar instruments have on development permitted by this plan?
Any agreement, covenant or similar instrument to the extent that it purports to restrict or prohibit development allowed by this plan, or the granting of a consent, does not apply. This does not affect the rights or interests of any public authority under any registered instrument.
33 Are heliports ancillary to housing?
For the purposes of this plan, heliports are not ancillary to housing.
33A Standards that cannot be used to refuse consent—playing and performing music
(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a) the playing or performance of music, including the following—
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
(b) whether dancing occurs,
(c) the presence or use of a dance floor or another area ordinarily used for dancing,
(d) the direction in which a stage for players or performers faces,
(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.
(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3) In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.
cl 33A: Ins 2020 (724), Sch 3.
33B Dwelling house or secondary dwelling affected by natural disaster
(1) The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
(2) Despite the other provisions of this Plan, development consent may be granted to development to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a) the dwelling house or secondary dwelling was lawfully erected, and
(b) the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.
cl 33B: Ins 2021 (302), Sch 1.31.
33C Public bushland
(1) The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—
(a) preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and
(b) preserving bushland as a natural stabiliser of the soil surface, and
(c) preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and
(d) preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and
(e) mitigating disturbance caused by development.
(2) Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.
(3) Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—
(a) the disturbance of the bushland is essential for a purpose in the public interest,
(b) there is no reasonable alternative to the disturbance,
(c) the development minimises the amount of bushland to be disturbed,
(d) the development includes measures to remediate the disturbed bushland.
(4) Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—
(a) the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,
(b) the construction, operation or maintenance of electricity or telecommunication lines,
(c) bush fire hazard reduction,
(d) the construction or maintenance of classified roads,
(e) facilitating the recreational use of the public bushland.
(5) Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—
(a) the recreational use of the land,
(b) bush fire hazard reduction,
(c) the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,
(d) the remediation of degraded public bushland.
(6) This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.
(7) In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—
(a) the need to retain public bushland adjoining the site of the development,
(b) the likely effect of the development on public bushland, including the following—
(i) the erosion of soil,
(ii) the siltation of streams and waterways,
(iii) the spread of weeds and non-native plants within public bushland,
(c) other matters the consent authority considers relevant to the protection and preservation of public bushland.
(8) This clause does not apply to the following land that is public bushland—
(a) land in Zone RU1, RU2, RU3, RU4 or RU5,
(b) land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,
(c) land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,
(d) land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.
(9) In this clause—
disturb public bushland means—
(a) remove vegetation from public bushland, or
(b) cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.
non-native plant means a plant that is not native vegetation.
public bushland means land—
(a) on which there is vegetation that is—
(i) a remainder of the natural vegetation of the land, or
(ii) representative of the structure and floristics of the natural vegetation of the land, and
(b) that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.
cl 33C: Ins 2022 (629), Sch 2[3].
Part 3 Reservations
34 What land is reserved to be acquired for a public purpose?
The map identifies land which is reserved for public open space, regional open space, local roads or arterial roads.
Any such land is referred to in this plan as reserved land.
cll 34: Am 5.10.2001.
35 How will reserved land be acquired?
(1) The owner of any reserved land may, by notice in writing, require the responsible authority to acquire that land—
(a) In the case of land reserved for public open space, the responsible authority is the Council.
(b) In the case of land reserved for regional open space, the responsible authority is the corporation.
(c) In the case of land reserved for local roads, the responsible authority is the Council.
(d) In the case of land reserved for arterial roads, the responsible authority is the Roads and Traffic Authority.
(2) Upon receipt of a notice referred to in subclause (1), the public authority concerned shall acquire any reserved land to which it applies, subject to subclauses (3) and (4).
(3) The Council need not take any action to acquire land referred to in subclause (1) (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving the notice if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the planning controls applying to the land.
(4) The Council need not acquire land referred to in subclause (1) (a) pursuant to the notice if the land has ceased to be reserved land, or the Council has decided to prepare a local environmental plan to remove the reservation of the land, before the period of 90 days (or the agreed period) expires.
Note—
Land is acquired by mutual agreement between the landowner and the responsible authority. In the event that mutual agreement cannot be reached land is acquired in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
cll 35: Am 5.10.2001.
36 Can development be allowed on reserved land?
(1) Consent may be granted for development on reserved land provided it does not render the land unfit for the purpose for which it is reserved.
(2) Before granting consent to development on reserved land, the consent authority must consider—
(a) the effect of the proposed development on the costs of acquisition,
(b) the imminence of the acquisition, and
(c) the costs associated with the reinstatement of the land so it can be used for the purpose for which it is reserved.
(3) If the land is reserved for public open space or regional open space and contains bushland, the consent authority must, before granting consent, also assess the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and be satisfied that disturbance of the bushland is essential for proposed development that is in the public interest and that no reasonable alternative is available to the disturbance of that bushland.
cl 36: Am 5.10.2001; 2008 (571), Sch 3.183 [3].
37 How is a reservation removed?
Land ceases to be reserved land for the purposes of this plan when it is acquired by the authority responsible for acquiring it.
Part 4 General principles of development control
Division 1 General
38 Glare and reflection
Development is not to result in overspill or glare from artificial illumination, or sun reflection, which would unreasonably diminish the amenity of the locality.
39 Local retail centres
Local retail centres are to incorporate a range of small-scale shops and business uses at street level with offices or low-rise shop-top housing (being housing not on the ground floor) above to create places with a village-like atmosphere that provide a safe and comfortable environment for pedestrians and a range of business and community uses meeting the needs of the surrounding area.
Development is to integrate with the established pattern of the centre and the continuity of existing streetscapes is to be maintained.
The building height in local retail centres is to accord with the height limit for the applicable locality, unless the Locality Statement provides otherwise.
Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of development in the local retail centre is to provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly at the first floor level.
Other built form controls set out in a Locality Statement which are not specifically addressed to a local retail centre are not to be considered.
Note—
The location of local retail centres is shown on the map.
cl 39: Am 2005 (561), Sch 1 [5].
40 Housing for older people or people with disabilities
Support services—
Development for the purpose of housing for older people or people with disabilities must provide residents with adequate access to—
(a) shops, banks and other retail and commercial services that residents may reasonably require, and
(b) community services and recreation facilities, and
(c) the practice of a general medical practitioner.
Access is adequate only if—
(a) the facilities and services referred to above are located at a distance of not more than 400 metres from the site of the proposed development, or
(b) there is a transport service available to the residents who will occupy the proposed development—
(i) that is located at a distance of not more than 400 metres from the site of the proposed development, and
(ii) that will take those residents to a place that is located at a distance of not more than 400 metres from the relevant facilities or services, and
(iii) that is available both to and from the proposed development during daylight hours at least once per day from Monday to Friday (both days inclusive).
The consent authority must not consent to development for the purpose of housing for older people or people with disabilities on land that adjoins land in a locality used primarily for urban purposes unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have reasonable access to—
(a) home delivered meals, and
(b) personal care and home nursing, and
(c) assistance with housework.
In deciding whether the level of access residents have to each facility and service listed above is reasonable (whether provided by the management or by an external service provider) the consent authority will consider the following—
• the type of housing proposed and the needs of the people who are most likely to occupy that type of housing, and
• whether the type or scale of housing proposed could, or may reasonably be expected to, provide some facilities and services on-site in a cost-effective manner, and
• the affordability of any relevant facility or service.
If infrastructure for a facility or service is provided as part of the development, it will be available to residents when the housing is ready for occupation. In the case of a staged development, the buildings and works comprising the infrastructure can be provided proportionately according to the number of residents in each stage.
Wheelchair access—
Development for the purpose of housing for older people or people with disabilities must comply with the following access standards—
(a) site gradient
(i) if the whole of the site has a gradient of less than 1:10, 100% of the hostel or residential care facility beds and 100% of the dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road or an internal road or a driveway that is accessible to all residents, or
(ii) if the whole of the site does not have a gradient of less than 1:10, a percentage (which is not less than the proportion of the site that has a gradient of less than 1:10, or 50%, whichever is the greater, and which in this subparagraph is called the specified minimum percentage) of any hostel or residential care facility beds and the specified minimum percentage of any dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road or an internal road or a driveway that is accessible to all residents, and
(b) road access
at least 10% of any hostel or residential care facility beds and at least 10% of any dwellings which meet the requirements of paragraph (a) must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road, and
(c) common areas
access must be provided so that a person using a wheelchair can use common areas and common facilities associated with the development, and
(d) adaptability
10% of any hostel or residential care facility beds and 10% of any dwellings which meet the requirements of paragraph (a) must also have, or be capable of being modified so that they have, wheelchair access by a continuous path of travel (within the meaning of AS 1428) to all essential areas and facilities inside the hostel, residential care facility or dwellings, including a toilet, bathroom, bedroom and a living area.
Other principles and standards
Development for the purpose of housing for older people or people with disabilities must also comply with the standards and principles in Schedule 16.
41 Brothels
Brothels are not to be visible from, or located in close proximity to, churches, schools, medical centres, community facilities, places of high pedestrian activity or any place frequented by children for care, recreational or cultural purposes. The appearance of brothels is to be discreet and is not to include shop fronts, window displays or signs.
42 Construction sites
Construction sites are not to unreasonably impact on the surrounding amenity, pedestrian or road safety, or the natural environment.
In particular—
• adequate areas are to be allocated for the handling and storage of materials which are safe and do not interfere with pedestrian and traffic movement,
• the timing, frequency, and routes of construction vehicle movements are to be safe and minimise impact on roads, pedestrian and traffic movement and surrounding residents,
• construction waste is to be minimised, legally handled, transported and disposed of,
• dedicated safe pedestrian access is, at all times, to be provided around the site, and
• construction sites will be managed to ensure air and water borne pollutants such as noise, dust, odour and liquids and the like are minimised.
Division 2 Health and safety
43 Noise
Development is not to result in noise emission which would unreasonably diminish the amenity of the area and is not to result in noise intrusion which would be unreasonable to the occupants.
In particular—
• noise from the combined operation of all mechanical plant and equipment must not generate noise levels that exceed the ambient background noise level by more than 5 dB (A) when measured in accordance with the Environment Protection Authority’s Industrial Noise Policy at the receiving boundary of residential and other noise-sensitive land uses, and
• development near existing noise generating activities, such as industry and roads, is to be designed to mitigate the effect of that noise, and
• waste collection and delivery vehicles are not to operate in the vicinity of residential uses between 10 pm and 6 am.
cl 43: Am 2005 (561), Sch 1 [6].
44 Pollutants
No development is to be carried out which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on other land in the locality), would result in the emission of atmospheric (including odours), liquid or other pollutants which would unreasonably diminish the amenity of adjacent properties, the locality or waterways.
45 Hazardous uses
(1) Development, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on the other land in the locality), must not pose a significant risk in relation to—
(a) human health, life or property, or
(b) the biophysical environment.
(2) Applications for consent to development which, in the absence of any measures proposed to minimise its impact on the locality, would pose a risk such as any of those described above, must not be granted unless the consent authority has considered—
(a) a preliminary hazard analysis prepared in accordance with the current circulars or guidelines published by the Department of Urban Affairs and Planning, and
(b) whether there are any feasible alternatives to the carrying out of the development and the reasons for choosing the development the subject of the application (including any feasible alternatives for the location of the development and the reasons for choosing the location the subject of the application).
Note—
In determining whether the use of land is likely to pose a risk such as those described above, or is likely to cause noise or pollution, consideration must be given to current circulars or guidelines published by the Department of Urban Affairs and Planning relating to hazardous or offensive development. At present such guidelines are limited to the “Hazardous Industry Planning Advisory Paper No 4, Risk Criteria for Land Use Safety Planning”.
46 Radiation emission levels
Radiation emission levels from mobile phone base stations, antennas and transmitters which emit electromagnetic radiation are to be as low as practicable or the facilities are to be located as far as practicable from dwellings and other areas where people are concentrated.
47 Flood affected land
Development on flood affected land is to be sited and designed to minimise impacts of flooding on property and have regard to the existing flood regime.
In particular—
• development is not to reduce flood storage area or impact upon the existing flood regime,
• habitable floor areas of buildings are to be at a level of at least 500mm above the 1% annual exceedence probability flood level, and
• buildings or works affected by flooding are to be constructed of flood compatible building materials.
For the purposes of this clause, flood affected land means land below the 1 per cent annual exceedance probability flood level.
cl 47: Am 2004 No 91, Sch 2.87 [1]; 2005 (561), Sch 1 [7] [8].
48 Potentially contaminated land
(1) The consent authority must not consent to the carrying out of development on land unless—
• it has considered whether the land is contaminated, and
• if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and
• if the land requires remediation to be made suitable for the development proposed to be carried out, it is satisfied that the land will be remediated before the development is carried out.
(2) Consent for development on any of the following land must not be granted unless the consent authority has considered a preliminary investigation of the land concerned prepared in accordance with the contaminated land planning guidelines under section 145C of the Act—
• land that is specified in a preliminary investigation order under the Contaminated Land Management Act 1997
• land on which development referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out
• any land, to the extent to which it is proposed to carry out development on it for residential, educational, recreational or childcare purposes, or for the purpose of a hospital
• any land in relation to which there is no knowledge (or incomplete knowledge) as to whether development referred to in Table 1 to the contaminated land planning guidelines has been carried out
• any land on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).
cl 48: Am 2009 No 56, Sch 2.74 [1]–[4].
49 Remediation of contaminated land
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 applies to land to which this plan applies despite any other provision of this plan.
cl 49: Am 2022 (72), Sch 1.63[1].
49A Acid sulfate soils
Development on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map is to be carried out in a manner that manages any disturbance to acid sulfate soils so as to minimise impacts on natural waterbodies and wetlands, and on agriculture, fishing, aquaculture, urban activities and infrastructure.
In particular—
Consent must not be granted to proposed works outlined below for the Class of land concerned, that disturb more than one tonne of soil or that are likely to lower the watertable, unless the consent authority has considered an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines. However, an acid sulfate soils management plan is not required where a preliminary assessment of the proposed works undertaken in accordance with these guidelines indicates that the proposed works need not be carried out pursuant to an acid sulfate soils management plan, and a copy of the assessment has been given to the Council.
| Class of land as shown on Acid Sulfate Soils Hazard Map | Works | | 1 | Any works | | 2 | Works below natural ground surfaceWorks by which the watertable is likely to be lowered | | 3 | Works beyond 1 metre below natural ground surfaceWorks by which the watertable is likely to be lowered beyond 1 metre below natural ground surface | | 4 | Works beyond 2 metres below natural ground surfaceWorks by which the watertable is likely to be lowered beyond 2 metres below natural ground surface | | 5 | Works on land below the 10 metre AHD contour and within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land |
Note—
The works may occur in the carrying out of agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins), foundations, flood mitigation works or other works that are likely to lower the watertable.
cl 49A: Ins 3.8.2001.
Division 3 Public domain
50 Safety and security
Development is to maintain and where possible enhance the safety and security of the locality.
In particular—
• buildings are to overlook streets as well as public and communal places to allow casual surveillance,
• service areas and access ways are to be either secured or allow casual surveillance,
• there is to be adequate lighting of entrances and pedestrian areas,
• after hours land use activities are to be located along primary pedestrian routes,
• public toilets, telephones and other public facilities are to be located so as to have direct access and to be clearly visible from well trafficked public spaces, and
• entrances to buildings are to be from public streets wherever possible.
cl 50: Am 2005 (561), Sch 1 [9] [10].
51 Front fences and walls
Fences, including side fences, located within the street setback area (as identified in the Locality Statement) are to be compatible with the existing streetscape character unless the applicable Locality Statement provides otherwise.
Fences are to be constructed so as to allow for casual surveillance except on main roads where it can be demonstrated that a solid fence is consistent with the existing streetscape and is required to mitigate traffic noise.
Where solid fences are required they are to be articulated to provide visual interest or set back to allow for landscaping to adequately soften and screen the appearance of such fences.
Note—
The erection of fences which are not greater than 1.2 metres in height and are of open construction is generally exempt development and does not require development consent. Refer to clause 7 and Schedule 1 (Exempt development).
52 Development near parks, bushland reserves and other public open spaces
Development adjacent to parks, bushland reserves and other public open spaces, including land reserved for public open space, is to complement the landscape character and public use and enjoyment of that land.
In particular—
• where appropriate, housing is to front public open spaces,
• public access to public open spaces is to be maximised,
• buildings are to be located to provide an outlook to public open spaces, without appearing to privatise that space,
• development is to provide a visual transition between open space and buildings including avoiding abutting public open spaces with back fences,
• views to and from public open spaces are to be protected, and
• buffers for bushfire protection are to be provided on private land and not on public land.
If public open space or land reserved for public open space contains bushland, development on that land is not to threaten the protection or preservation of the bushland.
Note—
The protection or preservation of bushland may be threatened by a number of direct and indirect processes, including the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland.
53 Signs
The number, size, shape, extent, placement and content of signs are to be limited to the extent necessary to—
• allow the reasonable identification of the land use, business, activity or building to which the sign relates, and
• ensure that the sign is compatible with the design, scale and architectural character of the building or site upon which it is to be placed, and
• ensure that the sign does not dominate or obscure other signs or result in visual clutter, and
• ensure that the sign does not endanger the public or diminish the amenity of nearby properties.
In particular—
• Except where the applicable Locality Statement provides otherwise, the maximum area of signage (including the area of any existing signs) above the top side of an awning fascia or above 4.6m in height above ground level (whichever is the lower) is—
Signs (above awning)
| Land use | Maximum area(1 street frontage) | Maximum area(more than 1 street frontage) | | Business uses | 1 m2 for every 5 m frontage of a building up to a maximum of 4 m2 | 1 m2 for every 8 m frontage of a building up to a maximum of 4 m2 | | Industrial and warehouse uses | 1 m2 for every 2 m frontage of a building up to a maximum of 8 m2 | 1 m2 for every 4 m frontage of a building up to a maximum of 8 m2 |
• Except where the applicable Locality Statement provides otherwise, the maximum area of signage (including the area of any existing signs) below the top side of an awning fascia return or below 4.6 metres above ground level (whichever is the lower) is—
Signs (below awning)
| Land use | Maximum area(1 street frontage) | Maximum area(more than 1 street frontage) | | Housing and home businesses | 600cm2 | 600cm2 | | Other business uses | 1m2 for every 2m frontage of a building up to a maximum of 5m2 | 1m2 for every 4m frontage of a building up to a maximum of 5m2 | | Industrial and warehouse uses | 1m2 for every 4m frontage of a building up to a maximum of 5m2 | 1m2 for every 8m frontage of a building up to a maximum of 5m2 |
• Signs displayed on dwellings are to be attached to the ground floor facade of the dwelling unless the land is located on a main road or the dwelling is not visible from the street, in which case the sign may be attached to a front fence, and
• No more than one sign is to be located above the awning level for business uses, and
• Tenancy boards and the like are encouraged to be in the form of consolidated signs, and
• If pole or pylon signs are appropriate, they are to have a height of no more than 6 metres, and
• Awning fascia signs are not to exceed the height of the awning return, and
• Signs are not to emit excessive glare or cause excessive reflection, and
• Signs are not to obscure views of vehicles, pedestrians or potentially hazardous road features, and
• Signs are not to be capable of being confused with, or to reduce the effectiveness of, traffic control devices.
Note—
Certain types of signs do not require development consent. Refer to Schedule 1 (Exempt development). Certain types of signs are prohibited. Refer to Schedule 4 (Prohibited signs).
Division 4 Site planning and building design
54 Provision and location of utility services
If proposed development will involve a need for them, utility services must be provided to the site of the development, including provision for the supply of water, gas, telecommunications and electricity and the satisfactory management of sewage and drainage.
Utility services including service structures, plant and equipment are to be located below ground or be designed to be an integral part of the development and suitably screened from public places or streets. Where possible, underground utility services are to be provided in a common trench.
Habitable buildings must be connected to Sydney Water Corporation’s sewerage system if within a locality where the density is one dwelling per 1,050m2 or greater. On other land, the consent authority may consider on-site disposal of effluent where the sewerage systems or works are able to operate over the long term without causing unreasonable adverse effects.
55 Site consolidation in “medium density areas”
Apartment development in the “medium density areas” as shown on the map and localities E4, E7, E10, E13, E14, E16, E19 and E20 shall not result in adjacent allotment(s) that have areas or dimensions, or are constrained in other ways, that would render such allotment(s) incapable of compliance with the relevant Locality Statement and general principles of development control.
Standards for side boundary envelopes and side setbacks for built form may be contravened where they would otherwise apply to basement carparking structures and private open space, in the case of existing narrow width allotments that make compliance with these standards unreasonable and that are surrounded by medium density development or apartment style housing. These built form controls may be contravened only where the proposed development is consistent with the desired future character of the locality and complies with the following additional side boundary envelope and side setback built form standards—
• basement carparking structures may be positioned up to a minimum of 2 metres from the side boundary but shall be not more than 1 metre above natural ground level, and
• private open space may extend to a minimum of 3.5 metres from a side boundary.
56 Retaining distinctive environmental features on sites
Development is to be designed to retain and complement any distinctive environmental features of its site and on adjoining and nearby land.
In particular, development is to be designed to incorporate or be sympathetic to environmental features such as rock outcrops, remnant bushland and watercourses.
cl 56: Am 2005 (561), Sch 1 [11].
57 Development on sloping land
On sloping land, the height and bulk of development, particularly on the downhill side, is to be minimised and the need for cut and fill reduced by designs which minimise the building footprint and allow the building mass to step down the slope.
In particular—
• the amount of fill is not to exceed more than 1 metre in depth, and
• fill is not to spread beyond the footprint of the building, and
• excavation of the landform is to be minimised.
The geotechnical stability of sloping land to support development is to be demonstrated.
Consent must not be granted for development involving the erection of a structure, including additions to an existing structure, on land identified as being potentially subject to landslip on the Landslip Hazard Map unless the consent authority has considered a report from a suitably qualified engineer as to the geotechnical stability of the land to support such development and an assessment of stormwater prepared by a suitably qualified hydraulic engineer.
cl 57: Am 3.8.2001; 2005 (561), Sch 1 [12].
58 Protection of existing flora
Development is to be sited and designed to minimise the impact on remnant indigenous flora, including canopy trees and understorey vegetation, and on remnant native ground cover species.
59 Koala habitat protection
This clause applies to parcels of land, being all adjacent or adjoining land held in the same ownership, that are—
• greater than 1 hectare in area, and
• potential koala habitat.
Before granting consent to development on land to which this clause applies, the consent authority, on information obtained from a person with appropriate qualifications and experience in biological science and fauna survey and management, must be satisfied as to whether or not the land is core koala habitat.
Development within land that is core koala habitat must be consistent with a plan of management for that habitat prepared in accordance with Schedule 11 (Koala feed tree species and plans of management).
For the purposes of this clause—
core koala habitat consists of an area of land with a resident population of koalas, evidence of which includes breeding females (that is, females with young) and recent sightings of and historical records of a population.
potential koala habitat consists of areas of native vegetation where the trees of the types listed in Schedule 11 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component.
60 Watercourses and aquatic habitat
Development is to be sited and designed to maintain and enhance natural watercourses and aquatic habitat.
Note—
Development within 40 metres of a watercourse requires a permit pursuant to the Rivers and Foreshores Improvement Act 1948, from the Department of Land and Water Conservation.
61 Views
Development is to allow for the reasonable sharing of views.
62 Access to sunlight
Development is not to unreasonably reduce sunlight to surrounding properties.
In the case of housing—
• sunlight, to at least 50% of the principal private open spaces, is not to be reduced to less than 2 hours between 9 am and 3 pm on June 21, and
• where overshadowing by existing structures and fences is greater than this, sunlight is not to be further reduced by development by more than 20%.
63 Landscaped open space
Landscaped open space is to be of such dimensions and slope and of such characteristics that it will—
• enable the establishment of appropriate plantings to maintain and enhance the streetscape and the desired future character of the locality, and
• enable the establishment of appropriate plantings that are of a scale and density commensurate with the building height, bulk and scale, and
• enhance privacy between dwellings, and
• accommodate appropriate outdoor recreational needs and suit the anticipated requirements of dwelling occupants, and
• provide space for service functions, including clothes drying, and
• facilitate water management including on-site detention and the infiltration of stormwater, and
• incorporate the establishment of any plant species nominated in the relevant Locality Statement, and
• enable the establishment of indigenous vegetation and habitat for native fauna, and
• conserve significant features of the site.
cl 63: Am 2005 (561), Sch 1 [13].
63A Rear building setback
In localities where a rear building setback applies, the objectives of the rear building setback controls are—
• to create a sense of openness in rear yards, and
• to preserve the amenity of adjacent land, and
• to maintain the visual continuity and pattern of buildings, rear gardens and landscape elements, and
• to provide opportunities to maintain privacy between dwellings, and
• in medium density areas, to minimise the visual effect of podiums and to control the density of development, and
• to provide opportunities for the planting of substantial native trees.
cl 63A: Ins 2005 (561), Sch 1 [14].
64 Private open space
Private open space is to be—
• provided for all housing, and
• clearly set apart for private use, and
• directly accessible from a living area of the dwelling and capable of serving as an extension of the dwelling for relaxation, dining, entertainment, recreation and children’s play, and
• capable of receiving not less than 2 hours of sunlight between 9 am and 3 pm on June 21 over at least 50% of the area of the private open space (in the case of ground level private open space and other than for apartment style housing).
In particular—
• The minimum area and dimensions of private open space required for different types of housing are as follows—
Table
| Housing type | Area and minimum dimensions | | Dwellings (other than apartment style housing) located at ground level with 1 or 2 bedrooms | a total of 35m2 with minimum dimensions of 3 metres | | Dwellings (other than apartment style housing) located at ground level with 3 or more bedrooms | a total of 60m2 with minimum dimensions of 5 metres | | Apartment style housing (excluding town houses and villa homes) | 10m2 with minimum dimensions of 2.5 metres |
For the purposes of reading this table, apartment style housing means housing in “medium density areas” shown on the map or in Localities E4–E14 and E16–E19 or shop top housing.
For the purpose of calculating the number of bedrooms, studies or other such rooms capable of being used as a bedroom will also be counted as a bedroom.
Private open space is not to be located in the street setback area unless the site is a corner allotment or the applicable Locality Statement provides otherwise.
cl 64: Am 2005 (561), Sch 1 [15]–[17].
65 Privacy
Development is not to cause unreasonable direct overlooking of habitable rooms and principal private open spaces of other dwellings.
In particular—
• the windows of one dwelling are to be located so they do not provide direct and close views (ie from less than 9 metres away) into the windows of other dwellings, and
• planter boxes, louvre screens, pergolas, balcony design and the like are to be used to screen a minimum of 50% of the principal private open space of a lower apartment from overlooking from an upper apartment.
Note—
The effective location of windows and balconies to avoid overlooking is preferred to the use of screening devices, high sills or obscured glass. Where these are used, they should be integrated with the building design and have minimal negative effect on the amenity of residents and neighbours.
66 Building bulk
Buildings are to have a visual bulk and an architectural scale consistent with structures on adjoining or nearby land and are not to visually dominate the street or surrounding spaces, unless the applicable Locality Statement provides otherwise.
In particular—
• side and rear setbacks are to be progressively increased as wall height increases,
• large areas of continuous wall planes are to be avoided by varying building setbacks and using appropriate techniques to provide visual relief, and
• appropriate landscape plantings are to be provided to reduce the visual bulk of new buildings and works.
67 Roofs
Roofs are to complement the local skyline. Lift overruns and other mechanical equipment is not to detract from the appearance of roofs.
68 Conservation of energy and water
Development is to make the most efficient use of energy and water.
In particular—
• the orientation, layout and landscaping of buildings and works and their sites are to make the best use of natural ventilation, daylight and solar energy,
• site layout and structures are to allow reasonable solar access for the purposes of water heating and electricity generation and maintain reasonable solar access to adjoining properties,
• buildings are to minimise winter heat loss and summer heat gain,
• landscape design is to assist in the conservation of energy and water,
• reuse of stormwater for on-site irrigation and domestic use is to be encouraged, subject to consideration of public health risks,
• subdivision of land must be generally in accordance with the guidelines set out in the document published by the former Sustainable Energy Development Authority under the title Solar Access for Lots: Guidelines for Residential Subdivision, copies of which are available at the offices of the Council.
cl 68: Am 5.10.2001; 2005 (561), Sch 1 [18]; 2005 (876), Sch 1 [1].
69 Accessibility—premises available to the public
The siting, design and construction of premises available to the public are to ensure an accessible continuous path of travel, so that all people can enter and use the premises. Such access is to comply with the requirements of the Disability Discrimination Act 1992 of the Commonwealth and with Australian Standard AS 1428.2—1992, Design for access and mobility—Enhanced and additional requirements—Buildings and facilities.
cl 69: Subst 2005 (561), Sch 1 [19].
70 Site facilities
Site facilities including garbage and recycling bin enclosures, mailboxes and clothes drying facilities are to be adequate and convenient for the needs of users and are to have minimal visual impact from public places.
In particular—
• waste and recycling bin enclosures are to be adequate in size, durable, integrated with the building design and site landscaping, suitably screened from public places or streets and located for convenient access for collection, and
• housing which is required to have landscaped open space is to be provided with adequate open air clothes drying facilities which are suitably screened from public places or streets, and
• individual dwellings are to be provided with an area for general storage.
Division 5 Traffic, access and carparking
71 Parking facilities (visual impact)
Parking facilities (including garages) are to be sited and designed so as not to dominate the street frontage or other public spaces.
In particular—
• garage doors and carports are to be integrated into the house design where topography and other constraints of the site allow, and
• laneways are to be used to provide rear access to carparking areas where possible, and
• car parking is to be provided underground or in semi basements for apartment buildings and other large developments, and
• parking is to be located so that views of the street from front windows are not obscured.
Note—
Individual Locality Statements may provide more detailed guidance regarding the location and design of carparking facilities.
cl 71: Am 2005 (561), Sch 1 [20]–[22].
72 Traffic access and safety
Vehicle access points for parking, servicing or deliveries, and pedestrian access, are to be located in such a way as to minimise—
• traffic hazards, and
• vehicles queuing on public roads, and
• the number of crossing places to a street, and
• traffic and pedestrian conflict, and
• interference with public transport facilities.
Where practical, vehicle access is to be obtained from minor streets and lanes.
73 On-site loading and unloading
Facilities for the loading and unloading of service, delivery and emergency vehicles are to be appropriate to the size and nature of the development. On-site facilities are to be screened from public view and designed so that vehicles may enter and leave in a forward direction.
74 Provision of carparking
Adequate off-street carparking is to be provided within the subject property boundaries having regard to—
• the land use, and
• the hours of operation, and
• the availability of public transport, and
• the availability of alternative carparking, and
• the need for parking facilities for courier vehicles, delivery/service vehicles and bicycles.
Unless the applicable Locality Statement provides otherwise—
(a) if Schedule 17 (Carparking provision) specifies the minimum number of on-site parking spaces required in relation to a particular land use, or sets out a means of calculating that minimum number of spaces—at least that minimum number of spaces must be provided, or
(b) if Schedule 17 provides for comparisons to be drawn with developments for a similar purpose or for surveys to be taken—comparisons must be drawn or surveys taken and no less than the appropriate number of spaces must be provided, or
(c) if Schedule 17 requires reference to be made to specified design principles—reference must be made to those design principles.
If Schedule 17 requires for adequate provision of other facilities, those facilities must be provided.
In Schedule 17—
GFA means gross floor area which is the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1400 millimetres above each floor level excluding—
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and plant rooms, and ancillary storage space and vertical air-conditioning ducts, and
(c) carparking specifications which meet requirements of Council and internal access thereto, and
(d) space for the loading and unloading of goods.
GLFA means gross leasable floor area which is the sum of the area of each floor of a building where the area of each floor is taken to be the area within the internal faces of the walls, excluding stairs, amenities, lifts, corridors and other public areas but including stock storage area.
Carparking for land uses not identified in Schedule 17 must be adequate to serve the development having regard to the points set out above.
Despite Schedule 17, community title subdivisions are to include provision for one visitor parking space per five dwellings or part thereof. These spaces are to be located within the neighbourhood property lot.
For the purposes of calculating the number of bedrooms in a unit so as to calculate minimum parking requirements under Schedule 17, studies, lofts or other such rooms capable of being used as bedrooms will also be calculated as a bedroom.
cl 74: Am 24.10.2003; 2005 (561), Sch 1 [23] [24].
75 Design of carparking areas
Carparking, other than for individual dwellings, is to—
• avoid the use of mechanical car stacking devices, and
• not be readily apparent from public spaces, and
• provide safe and convenient pedestrian and traffic movement, and
• include adequate provision for manoeuvring and convenient access to individual spaces, and
• where possible, enable vehicles to enter and leave the site in a forward direction, and
• incorporate unobstructed access to visitor parking spaces, and
• be landscaped to shade parked vehicles, screen them from public view, assist in micro-climate management and create attractive and pleasant spaces, and
• provide on-site detention of stormwater, where appropriate, and
• make reasonable provision for the carparking needs of people with physical disabilities.
Unless the applicable Locality Statement provides otherwise, design of carparking areas is to be provided in accordance with the most recent “Guide to Traffic Generating Developments” (NSW Roads and Traffic Authority) with the exception that individual dwellings are to have carparking spaces of not less than the following dimensions—
Minimum carparking dimensions (individual dwellings)
| Type of carparking space | Width and length | | Single Open | 2.7m × 5.4m | | Double Open | 5.4m × 5.4m | | Single Enclosed | 3.0m × 5.4m | | Double Enclosed | 5.6m × 5.4m |
cl 75: Am 2005 (561), Sch 1 [25]–[27].
Division 6 Soil and water management
76 Management of stormwater
Stormwater runoff from development is to discharge to a Council drainage system approved by the Council for the purpose and is to have minimal impact on any receiving stormwater infrastructure, watercourse, stream, lagoon, lake, waterway or the like. Water quality control measures are to be provided in accordance with the Northern Beaches Stormwater Management Plan.
In particular, stormwater runoff is to be controlled using on-site stormwater detention in accordance with the Council’s “On-site Stormwater Detention Technical Specification”, except where it is demonstrated that—
• the discharge from the development will not pass through a drainage control structure such as a pipe, culvert, bridge, kerb and gutter or natural drainage system before reaching receiving waters such as the ocean, or
• the design of the stormwater drainage system is in accordance with the Council’s standard specification for engineering works (AUSPEC 1), or
• the additional runoff created by the development will not adversely affect any natural or constructed drainage system either downstream or upstream of the development site, or
• the total post-development impervious area (roof, driveway, paving etc) will be less than 35% of the total site area, or
• the additional impervious surface resulting from the development will not exceed 50m2 in area, or
• the soil conditions are such that stormwater can be retained and disposed of on-site, but only if the case is established by a geotechnical report, or
• the site is within an established 100-year flood plain and the local drainage system is not adversely affected by lesser storm events.
Stormwater detention systems are to be visually unobtrusive and integrated with site landscaping.
Development must drain via gravity to a Council constructed or natural drainage system, unless drainage to such a system is not possible, in which case stormwater may be retained and disposed of on-site, where it can be demonstrated soil conditions so allow.
Development is to have regard to the Council’s natural drainage systems, drainage easements and public drainage systems and be in accordance with the Council’s draft policy “Drainage Easements and Building over Constructed Public Drainage Systems”.
Note—
Copies of the “On-site Stormwater Detention Technical Specification” and “Drainage Easements and Building over Constructed Public Drainage Systems” can be obtained from the Council.
cl 76: Am 2005 (561), Sch 1 [28]–[30].
77 Landfill
Landfill is to have no adverse impact upon the visual and natural environment or adjoining and surrounding properties.
In particular—
• only uncontaminated fill is to be used, and
• the form, bulk, scale, and location of landfill are to be controlled to ensure there will be no adverse impacts on adjoining or surrounding properties, and
• the integrity of the physical environment is to be preserved by ensuring the geotechnical stability of the work, and
• the landfill is not to create siltation or pollution of waterways and drainage lines, or degrade or destroy the landscape, landforms or bushlands, and
• where filling to create a building platform is proposed, all fill is to be contained within the footprint of the building, and
• rehabilitation and revegetation techniques are to be applied to the fill to maintain and enhance visual and scenic quality, and
• landfill is not to create airborne pollution.
cl 77: Am 2005 (561), Sch 1 [31].
78 Erosion and sedimentation
Development is to be sited and designed, and related construction work carried out, so as to minimise the potential for soil erosion.
Where some degree of soil erosion and sedimentation is likely to occur, it is to be managed at the source to prevent any reduction in water quality downstream of the development site.
In this case, a soil and water management plan which ensures minimum soil erosion and maintenance of downstream water quality that has been prepared in accordance with the Council’s “Specification for Erosion and Sediment Control” and “Design and Specification Manuals for Engineering Works” is to be considered by the Council before consent for the relevant development is granted. The plan is to outline practices proposed to control runoff, mitigate soil erosion and trap pollutants before these can reach downslope lands and receiving waters.
Division 7 Heritage
79 Heritage control
In relation to heritage, development is to—
• conserve the environmental heritage and cultural significance of Warringah, and
• conserve existing significant fabric, settings, relics and views associated with the heritage significance of heritage items and heritage conservation areas, and
• not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings, and
• ensure that archaeological sites and places of Aboriginal significance are conserved, and
• ensure that the heritage conservation areas throughout Warringah retain their heritage significance.
In particular, before consent is granted for development that affects a heritage item or will be carried out within a heritage conservation area, the extent to which development would affect the heritage significance of the heritage item or heritage conservation area, including its setting, is to be assessed, including—
• its significance in Warringah, and
• the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and
• the measures proposed to conserve the heritage significance of the heritage item or heritage conservation area, and
• whether any archaeological site or potential archaeological site would be adversely affected, and
• whether any landscape or horticultural features of heritage significance would be affected.
Applications for consent to development relating to heritage items classified by this plan as being of State or regional significance must not be granted unless the consent authority has considered a conservation management plan prepared by an appropriately qualified person.
Applications for consent to development relating to heritage items classified by this plan as being of local significance must not be granted unless the consent authority has considered a statement of heritage impact prepared by an appropriately qualified person, except where the consent authority is of the opinion that the proposed development constitutes extensive alterations or additions to the heritage item, in which case consent must not be granted unless the consent authority has considered a conservation plan.
In this clause, a reference to an appropriately qualified person is to a person considered by the Council to be appropriately qualified.
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
cl 79: Am 2006 (70), Sch 1 [1]; 2008 (571), Sch 3.183 [4] [5].
80 Notice to Metropolitan Aboriginal Land Council
On receipt of an application for consent to development that is likely to have an impact on an Aboriginal site, Aboriginal place or place of Aboriginal cultural significance, the consent authority must notify the Metropolitan Aboriginal Land Council and take into consideration any comments received in response within 21 days after the notice is sent.
cl 80: Am 2006 (70), Sch 1 [2] [3]; 2008 (571), Sch 3.183 [6] [7].
81 (Repealed)
82 Development in the vicinity of heritage items
Development in the vicinity of heritage items or heritage conservation areas is to complement the character of the heritage item or buildings of heritage significance within that area in terms of its architectural style, scale, setback, siting, external materials, finishes, colours and setting. Significant views to and from heritage items or heritage conservation areas, are not to be adversely affected.
83 Development of known or potential archaeological sites
Before granting an application for consent to development on an archaeological site or a potential archaeological site (except if such development does not disturb below-ground relics and any above-ground relics would not be adversely affected), the consent authority must consider a heritage impact statement explaining how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site.
cl 83: Subst 2008 (571), Sch 3.183 [9].
Schedule 1 Exempt development
(Clause 7 (a))
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy and applies State-wide. If that Policy and this Plan specify the same development as exempt development, this Plan does not apply to that development. (See clause 1.9 (2) of that Policy.)
sch 1: Am 3.8.2001; 21.12.2001; 2005 (561), Sch 1 [32]–[38]; 2008 (296), Sch 1 [2] [3]; 2009 (364), Sch 3.12; 2017 (325), Sch 2 [2]–[4]; 2022 (72), Sch 1.63[2]; 2022 (629), Sch 3.24[1].
Schedule 2 Other development not requiring consent
(Clause 7 (b))
| Public works | Conditions | | CLASSIFIED ROADS AND TOLL WORKS | Applies only to classified roads within the meaning of the Roads Act 1993, andapplies to work declared to be toll work under the Roads Act 1993. | | CATEGORY B REMEDIATION WORK | The carrying out of category B remediation work in accordance with the contaminated land planning guidelines and the guidelines (if any) in force under the Contaminated Land Management Act 1997.Notification procedures to be undertaken in accordance with Schedule 9. | | EMERGENCY AND ROUTINE MAINTENANCE WORK BY SYDNEY WATER | Relates only to works as defined under the Sydney Water Act 1994 which are under the ownership or control of Sydney Water Corporation.Repair or replacement of works damaged by natural disaster, accident, an act of vandalism or similar occurrence, including work concerning measures to prevent or limit further damage.Repair or replacement of works that have ceased to function or to function adequately, including reasonable measures to prevent further malfunction.Periodic inspection, cleaning, repair and replacement of works, but not including development that would increase the designed capacity of any part of that work.Ancillary development in connection with the abovementioned emergency or maintenance work. | | FLOOD MITIGATION | The carrying out or causing to be carried out by the Council, where engaged in flood mitigation works, or by the Department of Land and Water Conservation, of any work for the purposes of soil conservation, irrigation, afforestation, reforestation, flood mitigation, water conservation or river improvement, except—• the erection of buildings, the installation or erection of plant or other structures and any reconstruction or alteration of buildings that materially affects the design or external appearance of the buildings, or• the formation or alteration of any means of access to a road. | | FORESTRY UNDERTAKINGS | The carrying out of any forestry work by the Forestry Commission or a school forest trust empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under any Act or on any Crown land temporarily reserved from sale as a timber reserve. | | MAINTENANCE DREDGING | Must be carried out by a public authority after the following bodies are consulted—(a) the Council, and(b) other affected councils, and(c) any of the following bodies that may have an interest in the proposed maintenance dredging—• Department of Land and Water Conservation,• Department of Public Works and Services,• NSW Fisheries,• Department of Mineral Resources,• Maritime Authority of NSW,• Environment Protection Authority,• National Parks and Wildlife Service,• Sydney Water Corporation,• Heritage Council,• Environment Australia.Note—It is strongly recommended that public authorities intending to undertake maintenance dredging do so only after preparing an estuary management plan under the State Government’s Estuary Management Program for coastal lagoons. | | PUBLIC UTILITY UNDERTAKINGS, being water, sewerage, drainage or telecommunication services, or electricity or gas undertakings | Development of any description at or below the surface of the ground.The installation of any plant inside an existing building or the installation or erection within the premises of an existing generating station or substation of any plant or other structures or erections required in connection with the station or substation.Additions, extensions or replacement of structures already installed or erected, including the installation in an electrical transmission line of substations, feeder pillars or transformer housing, but not including the erection of overhead power lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder pillars or transformer housings of stone, concrete or brickworks.Provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, or to provide telecommunication services.Erection of service reservoirs on land acquired for that purpose provided reasonable notice is given to the Council. | | ROAD UNDERTAKINGS | The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of the road. | | WATER TRANSPORT UNDERTAKINGS | The carrying out by persons carrying on a utility undertaking, being a water transport undertaking, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except—• the erection of buildings and any reconstruction or alteration that materially affects the design of the buildings, or• the formation or alteration of any means of access to a road. | | WHARF OR RIVER UNDERTAKINGS (except in localities A1–A7) | The carrying out by persons carrying on a utility undertaking, being a wharf or river undertaking, of any development required for the purposes of shipping, or in connection with the embarking, loading, discharging or transporting of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except—• the construction of bridges, the erection of any other buildings and any reconstruction or alteration that materially affects the design or external appearance of the bridges or buildings, or• the formation or alteration of any means of access to a road. | | NATIONAL PARKS | | DEVELOPMENT AUTHORISED BY OR UNDER THE NATIONAL PARKS AND WILDLIFE ACT 1974 | Where the development is likely to impact significantly on the local road system, or otherwise significantly affect other land in the locality, the Director-General of National Parks and Wildlife must notify the Council in writing of its intention to carry out the development. The Council should respond within 30 days of receiving notification and the Director-General must give consideration to any relevant matters requested by the Council. |
sch 2: Am 5.10.2001; 2006 No 58, Sch 2.70.
Schedule 3 Conditions of complying development certificates
(Clause 9)
Before you begin work
Site management
Drainage
Inspections during construction
Hours of work
Noise
Building Code of Australia
Site access
Utilities
Schedule 4 Prohibited signs
(Clause 10)
The following signs are prohibited by clause 10—
• signs above the awning level of a building which project more than 0.3 metre out from the wall of that building,
• flashing or moving signs on land other than the carriageway of a public road,
• pole or pylon signs, unless there is no building on the site or the building is not visible from the street, other than identification, interpretive, directional and advance warning signs included in Schedule 1 (Exempt development) or a sign erected by the Council for the display of community information,
• signs on or above the roof or parapet of a building,
• signs which do not directly relate to the predominant land use, business or activity carried on, or proposed to be carried on, within the site or building on which the sign is to be placed, except signs on public amenities such as street furniture, bus shelters and the like,
• A-frame and temporary signs located on public land including roads (but not including the carriageway of a public road),
• signs on motor vehicles which are not able to be driven with the sign displayed,
• balloons used for the purpose of advertising which are placed on or above roof level.
Schedule 5 State policies
(Clause 12 (1) (b))
Housing for older people or people with a disability
It is State policy to encourage the provision of housing that will—
(a) increase the supply and diversity of housing that meets the needs of older people or people with a disability, and
(b) make efficient use of existing infrastructure and services, and
(c) be of good design.
Group homes
It is State policy—
(a) to facilitate the establishment of permanent group homes in which disabled persons or socially disadvantaged persons may lead as normal a life as possible by living permanently in an ordinary residential household environment, instead of in an institutional environment, and
(b) to facilitate the establishment of transitional group homes which provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of in an institutional environment for purposes such as alcohol or drug rehabilitation, “half-way” rehabilitation for persons formerly living in institutions and refuges for men, women or young people, and
(c) to ensure that applications for group homes are not refused by councils unless there has been an assessment made of the community need for the group home.
Caravan parks
Hazardous and offensive development
It is State policy—
(a) to ensure that in determining whether a development is a hazardous or offensive industry, any measures proposed to be employed to reduce the impact of the development are taken into account, and
(b) to ensure that in considering any application to carry out potentially hazardous or offensive development, the consent authority has sufficient information to assess whether the development is hazardous or offensive and to impose conditions to reduce or minimise any adverse impact, and
(c) to require the advertising of applications to carry out any such development.
Maintenance dredging of tidal waterways
It is State policy to enable the maintenance dredging of tidal waterways by public authorities to be carried out in a timely, cost effective and environmentally responsible manner in response to changing conditions in those waterways.
Koala habitat protection
It is State policy to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline.
Permissibility of mining
It is State policy, in relation to mining—
(a) to promote the economic development of the State, and
(b) to facilitate the development of the State’s natural resources, and
(c) to facilitate the development of significant export-earning industries for the State, and
(d) to create significant employment opportunities within the State.
Extractive industries
It is State policy—
(a) to facilitate the development of extractive resources in proximity to the population of the Sydney Metropolitan Area by identifying land which contains extractive material of regional significance, and
(b) to permit, with development consent, development for the purpose of extractive industries on such land, and
(c) to ensure consideration is given to the impact of encroaching development on the ability of extractive industries to realise their full potential, and
(d) to promote the carrying out of development for the purpose of extractive industries in an environmentally acceptable manner.
Traffic Generating Development
It is State policy to ensure that the Roads and Traffic Authority—
(a) is made aware of, and
(b) is given an opportunity to make representations in respect of,
development referred to in Schedule 10.
sch 5: Am 2005 (561), Sch 1 [39] [40]; 2022 (629), Sch 3.24[2].
Schedule 6 Preservation of bushland
(Clauses 17 (5) and 36 (3))
The need to preserve and protect bushland should be considered in the context of—
• its value to the community as part of the natural heritage, and
• its aesthetic value, and
• its value as a recreational, educational and scientific resource, and
• the following specific aims—
(a) to protect the remnants of the plant communities which were once characteristic of land now within an urban area,
(b) to retain bushland in parcels of a size and configuration which will enable the existing plant and animal communities to survive in the long-term,
(c) to protect rare and endangered flora and fauna species,
(d) to protect habitats for native flora and fauna,
(e) to protect wildlife corridors and vegetation links with other nearby bushland,
(f) to protect bushland as a natural stabiliser of the soil surface,
(g) to protect bushland for its scenic values, and to retain the unique visual identity of the landscape,
(h) to protect significant geological features,
(i) to protect existing landforms, such as natural drainage lines, watercourses and foreshores,
(j) to protect archaeological relics,
(k) to protect the recreational potential of bushland,
(l) to protect the educational potential of bushland,
(m) to maintain bushland in locations which are readily accessible to the community,
(n) to promote the management of bushland in a manner which protects and enhances the quality of the bushland and facilitates public enjoyment of the bushland compatible with its conservation.
Schedule 7 Matters for consideration in a subdivision of land
(Clause 21 (3))
Environmentally sensitive/constrained land
Drainage
Provision should be made for each allotment to be drained by gravity to a Council-approved drainage system. The topography of the land should not be altered so as to affect drainage patterns. Stormwater should drain directly to a Council-approved drainage system and not via adjoining properties unless via a formalised interallotment drainage system. The proposed allotments are to be drained to the direction of the natural fall of the land.
Restrictions
The Council will require that any easement, right-of-way, or other restriction that is placed on the title of any land as a requirement of the approval of the subdivision is to be protected by a positive covenant or like instrument with the Council nominated as a party, to ensure that section of land is retained for the designated purpose.
Access
Bushfire
New subdivisions should be designed to minimise the risk from potential bushfire.
Asset protection zones identified in a bush fire risk management plan in force under the Rural Fires Act 1997 should be contained within the property boundaries of the new subdivision.
Design and construction
All design and construction is to be in accordance with the Council’s Specification for Engineering Works and On site stormwater detention policy and technical specification.
Lot dimensions
In localities where erection of housing is Category One development, the following standards apply to proposed new allotments (other than new allotments proposed pursuant to clause 21 (1) (b))—
(a) Minimum width of 13 metres and a minimum depth of 27 metres. This does not apply to development that is not subject to a maximum density standard as outlined in the relevant Locality Statement or development occurring on the Brookvale Brickworks site in Locality F4—Brookvale Valley.
(b) Minimum building area of 150m2. Building area excludes driveways.
(c) In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or that provides for vehicular access) is to be excluded, whether such access corridor is to be created or is in existence at the time of application for subdivision.
sch 7: Am 21.12.2001; 2005 (561), Sch 1 [41]–[45].
Schedule 8 Site analysis
(Clause 22 (2) (a))
The purpose of a site analysis is to identify and explain graphically—
• the key influences on the design, and
• the site planning for the proposal and how the development will relate to the immediate locality.
A site analysis must be to scale and should identify development opportunities and constraints. It should influence the design to minimise negative impacts on the amenity of adjoining development and to complement the desired character of the locality.
The extent of information included in a site analysis should reflect the issues that need to be considered in assessing the development proposal.
At its most exhaustive, a site analysis would document the site in terms of—
• contours and existing vegetation,
• buildings (including any which could be retained),
• views to and from the site,
• location of windows and private open space within adjoining properties,
• access and connection points,
• drainage and utility services,
• orientation, microclimate and noise sources,
• where relevant, any contaminated soils and filled areas,
• fences, boundaries and easements,
• soil and geological characteristics, and
• rock outcrops,
• flood affectation,
• bushfire hazard,
• any other notable features,
• and the surrounds in terms of—
• the location and use of adjacent and opposite buildings and out-buildings,
• abutting secluded private open space and habitable room windows which have outlooks towards the site, particularly those within 9m of the site,
• views and solar access enjoyed by adjacent residents,
• major trees on adjacent properties, particularly those within 9m of the site,
• location and height of walls built to the boundary of the site,
• characteristics of any adjacent public open space,
• identification of sensitive downslope/downstream ecosystems requiring protection,
• street-frontage features, such as poles, street trees, kerb crossovers, bus stops and services infrastructure,
• the built form and character of adjacent and nearby buildings and works, including characteristic fencing and garden styles,
• direction and distances to local shops, schools, public transport, parks and community facilities, and
• the difference in levels between the subject land and adjacent properties.
The site analysis must be accompanied by a written statement explaining how the development’s design relates to the analysis.
If a site analysis relates to a proposed subdivision, it should demonstrate how future development proposals would satisfy the general principles of development control in Part 4 and the relevant Locality Statement.
sch 8: Am 2005 (561), Sch 1 [46] [47].
Schedule 9 Notification requirements for remediation work
(Clause 25)
sch 9: Am 2009 No 56, Sch 2.74 [5].
Schedule 10 Traffic generating development
(Clause 30 (1) and (3))
sch 10: Rep 17.12.2004. Ins 2005 (561), Sch 1 [48].
Schedule 11 Koala feed tree species and plans of management
(Clause 59)
Feed tree species
| Scientific name | Common name | | Eucalyptus tereticornis | Forest red gum | | Eucalyptus microcorys | Tallowwood | | Eucalyptus punctata | Grey gum | | Eucalyptus viminalis | Ribbon or manna gum | | Eucalyptus camaldulensis | River red gum | | Eucalyptus haemastoma | Broad leaved scribbly gum | | Eucalyptus signata | Scribbly gum | | Eucalyptus albens | White box | | Eucalyptus populnea | Bimble box or poplar box | | Eucalyptus robusta | Swamp mahogany |
Plans of management
Preparation of plan of management
(1)
A plan of management may be prepared for—
(a) the whole of the local government area, or
(b) a part of the local government area (including an area of land that is the subject of a development application).
(2)
Anyone (including the Council) may prepare a plan of management.
(3)
A plan of management is to be prepared in accordance with the guidelines, as in force from time to time, made for the purpose of preparing koala habitat plans of management, by the Director.
(4)
(Repealed)
Approval of plan of management
(5), (6)
(Repealed)
(7)
A plan of management takes effect on the day it is approved by the Director or on a later day specified in it for the purpose.
Amendment or repeal of plan of management
(8)
A plan of management may be amended or repealed by a subsequent plan of management prepared and approved in accordance with this Schedule.
sch 11: Am 2021 (716), Sch 1.51[2].
Schedule 12 Requirements for complying development
(Appendices A–H)
sch 12: Am 2005 (561), Sch 1 [49]; 2005 (876), Sch 1 [2] [3].
Part A Housing and ancillary structures
General
• The development complies with all the objective built form controls outlined in the relevant Locality Statement, except where a built form control referred to in the Locality Statement is more restrictive. In that case, the requirements outlined in this Schedule prevail.
Streetscape
• Carports and garages occupy no more than 50% of the frontage width or have a maximum width of 6 metres.
• The original height of the building is unaltered.
• The street elevation of the dwelling has a front door or living room window facing the street.
• Front fence is not to exceed 1.2 metres above natural ground level.
Bulk and scale
• The distance between the floor level and the underside of the eaves is no more than 2.7 metres.
• The ground floor level of the structure at any point is no more than 600mm above natural ground level.
• The roof pitch is no more than 24 degrees.
• The external wall of any structure is at least 900mm from a side boundary.
• The eaves and roof gutter of any structure are a minimum distance from the boundary of 0.675m.
Site access and circulation
• The finished level of the driveway is to be within a maximum of 250mm from the existing ground level.
• Driveways are a minimum of 500mm from the side boundary.
• Driveways are a minimum 500mm clear of all drainage structures on the kerb and gutter and do not interfere with the existing public utility infrastructure, unless prior approval is obtained from the relevant authority.
• There is a maximum of one driveway crossing per allotment.
• Driveways are a minimum distance of 6m from a road intersection.
Water and soil management
• Development must collect stormwater and dispose of it to an existing approved drainage system.
• No construction over any registered easement without the approval of the party benefiting from the easement.
• No structure is constructed within 3m of a sewer/water main without the prior approval of the relevant service authority.
• The total impervious area after development is less than 35% of the total site area or the total impervious area of a proposed addition is less than 50m2.
total impervious area means existing and proposed roofed areas, paved surfaces and hardstand areas.
Tree preservation
• No trees, which are the subject of the Council’s Tree Preservation Order, are to be removed without consent.
• No structure is to be constructed within the drip line of a tree that is the subject of the Council’s Tree Preservation Order.
Carparking
• Existing approved carparking spaces, including garages and carports, remain available for carparking as approved.
• Any increase in carparking demand, resulting from additions or alterations is met with the corresponding additional carparking provided on site in accordance with clause 74 (Provision of carparking).
Compliance with general principles
Development will comply with the objective requirements in the following general principles outlined in Part 4—
• clause 62—Access to sunlight
• clause 64—Private open space
• clause 68—Conservation of energy and water
• clause 74—Provision of carparking
• clause 75—Design of carparking areas (table only)
• clause 76—Management of stormwater
• clause 78—Erosion and sedimentation.
Part B Swimming pools
General
• The development complies with all the objective built form controls outlined in the relevant Locality Statement, except where a built form control referred to in the Locality Statement is more restrictive. In that case, the requirements outlined in this Schedule prevail.
Streetscape
• The pool is not between the dwelling and the front boundary.
Bulk, scale and location
• The pool and all associated coping and decking is no more than 500mm above natural ground level.
• The pool, including any associated coping and decking, is set back a minimum of 3 metres from the side and rear boundaries.
Amenity
• The noise level of any filtration equipment or pumps does not exceed 5dB (A) above the ambient background level measured at the nearest property boundary.
Installation and construction
The installation and construction of the pool complies, where relevant, with—
• AS/NZS 1839:1994—Swimming pools—Premoulded fibre-reinforced plastics—Installation, or
• AS 2783–1992—Use of reinforced concrete for small swimming pools.
The pool and surrounding structures
The pool and surrounding structures comply with AS 1926.2–1995—Swimming pool safety—Location of fencing for private swimming pools.
There is pedestrian access around the perimeter of the pool.
Note—
The Swimming Pools Act 1992 and the Swimming Pool Regulation 1998 must be complied with.
Compliance with general principles
Development will comply with objective requirements in the following general principles outlined in Part 4—
• Clause 76—Management of stormwater
• Clause 78—Erosion and sedimentation.
Part C Industrial/Warehouse
General
The development complies with all the objective built form controls outlined in the relevant Locality Statement, except where a built form control referred to in the Locality Statement is more restrictive. In that case, the requirements outlined in this Schedule prevail.
Streetscape
• All required carparking is provided on site behind the required front setback.
• Existing landscaping is not reduced.
• All works are within the existing envelope of the building.
• No alterations to the external cladding of the building.
• No increase in the number or the width of vehicle footpath crossings.
Floor space
• There is no increase in the gross floor area of the currently approved building.
• There is no decrease to the gross floor area used for pedestrian access paths or access to fire exits.
• No reduction in the fire safety measures for the building required to be provided in accordance with the Building Code of Australia and relevant Australian Standards.
Carparking
• Existing approved carparking spaces, including garages and carports, remain available for carparking as approved.
• Any increase in carparking demand, resulting from change of use, is met with the corresponding additional carparking provided on site in accordance with the general principle in clause 74 (Provision of carparking).
• Adequate manoeuvring area is provided to ensure that vehicles are able to enter and exit the site in a forward direction.
• Design of carparking areas is in accordance with the most recent Guide to Traffic Generating Developments (NSW Roads and Traffic Authority).
Compliance with general principles
Development will comply with the objective requirements in the following general principles outlined in Part 4—
• Clause 43—Noise
• Clause 44—Pollutants
• Clause 45—Hazardous uses
• Clause 74—Provision of carparking.
Part D Businesses, offices and shops
Streetscape
• Compliance with the objective standards outlined in the relevant Locality Statement.
• All work is contained within the previously approved envelope of the building.
• New entrances directly face the street or pedestrian thoroughfares.
Floor space
• There is no increase in the gross floor area of the currently approved building.
• There is no decrease to the gross floor area used for pedestrian access paths or for access to fire exits.
• No reduction in the fire safety measures for the building required to be provided in accordance with the Building Code of Australia and relevant Australian Standards.
Carparking
• Existing approved carparking spaces, including garages and carports, remain available for carparking as approved.
• Any increase in carparking demand, resulting from change of use, is met with the corresponding additional carparking provided on site in accordance with the general principle in clause 74 (Provision of carparking).
• Design of carparking areas is in accordance with the most recent Guide to Traffic Generating Developments (NSW Roads and Traffic Authority).
Food shops
• If the new shop is a food shop, then it must comply with all objective standards imposed on the proposed development by the Food Act 1989 and associated Regulations.
Compliance with general principles
Development will comply with the objective requirements in the following general principles outlined in Part 4—
• clause 43—Noise
• clause 74—Provision of carparking.
Schedule 13 Development guidelines for Collaroy/Narrabeen Beach
(Appendix D—Locality D1)
Schedule 14 Guiding principles for development near Middle Harbour
(Appendix C—Locality C1)
The following matters must be taken into consideration—
(a) the desirability of increasing public access to, and use of, land on the foreshore,
(b) the retention, management and use of land made available for public access or the use of other appropriate tenure mechanisms where public ownership is not possible,
(c) the retention and enhancement of public access links between existing foreshore open space areas,
(d) the conservation of significant bushland and other natural features along the foreshore, where consistent with conservation principles, and their availability for public use and enjoyment,
(e) the suitability of the site or part of the site for significant open space that will enhance the open space network existing along the Harbour foreshores,
(f) the protection of significant natural and cultural heritage values, including marine ecological values,
(g) the protection and improvement of unique visual qualities of the Harbour, its foreshores and tributaries,
(h) the relationship between use of the water and foreshore activities,
(i) the conservation of items of heritage significance identified in an environmental planning instrument or subject to an order under the Heritage Act 1977,
(j) the scale and character of any development, derived from an analysis of the context of the site,
(k) the character of any development as viewed from the water and its compatibility and sympathy with the character of the surrounding foreshores,
(l) the application of ecologically sustainable development principles,
(m) the maintenance of a working-harbour character and functions by the retention of key waterfront industrial sites or, at a minimum, the integration of facilities for maritime activities into development and, wherever possible, the provision of public access through these sites to the foreshore,
(n) the feasibility and compatibility of uses and, if necessary, appropriate measures to ensure co-existence of different land uses,
(o) increasing opportunities for water-based public transport.
Schedule 15 Statement of environmental effects
(Clause 15 (1))
Definition
For the purposes of this Schedule, “the principles of ecologically sustainable development” are as follows—
(a) The precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
(b) Inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
(c) Conservation of biological diversity and ecological integrity.
(d) Improved valuation and pricing of environmental resources.
Note—
The matters to be included in item 5 (c) might include such of the following as are relevant to the proposed development—
(a) the likelihood of soil contamination arising from the development,
(b) the impact of the development on flora and fauna,
(c) the likelihood of air, noise or water pollution arising from the development,
(d) the impact of the development on the health of people in the neighbourhood of the development,
(e) any hazards arising from the development,
(f) the impact of the development on traffic in the neighbourhood of the development,
(g) the effect of the development on local climate,
(h) the social and economic impact of the development,
(i) the visual impact of the development on the scenic quality of land in the neighbourhood of the development,
(j) the effect of the development on soil erosion and the silting up of rivers or lakes,
(k) the effect of the development on the cultural and heritage significance of the land on which it is proposed to be carried out.
Schedule 16 Principles and standards for housing for older people or people with disabilities
(Clause 40)
Schedule 17 Carparking provision
(Clause 74)
| Land Use | Minimum parking | | Accommodation | | | Detached style housing | 2 spaces per dwellingNo additional carparking required for a granny flat | | Apartment style housing | 1 space per 1 bedroom unit1.2 spaces per 2 bedroom unit1.5 spaces per 3 bedroom unit1 visitor space per 5 units or part of units | | Motel | 1 space per unit plus1 space per 2 employees plus if a restaurant is included, add the greater of—(a) 15 spaces per 100 m2 GFA of restaurant or function room, or(b) 1 space per 3 seats | | Hotel | Comparisons must be drawn with developments for a similar purpose, noting the existing supply of, and demand for, parking in the area and the peak parking periods of individual facilities within the hotelWhen the proposed hotel development includes a function room for live music performances or a nightclub, particular attention must be paid to parking requirements to meet peak demands | | Caravan park | 1 space per caravan site | | Housing for older people or people with a disability | Note that clause 29 imposes the following requirements as to parking—Hostel or residential care facility—1 space per 10 beds plus1 space per 2 employees on duty at any one time plus1 ambulance spaceAND0.5 spaces per bedroom where the application is made by a person other than the Department of Housing or a local government or community housing provider, or1 space per 5 dwellings where the application is made by, or is made by a person jointly with, the Department of Housing or a local government or community housing providerVisitor parking—In the case of development that comprises less than 8 dwellings and is not situated on a clearway, no visitor parking is requiredIn the case of development that comprises 8 or more dwellings or is situated on a clearway, visitor parking is required | | Nursing home | 1 space per 10 beds (visitors) plus1 space per 2 employees plus1 space per ambulance | | Short-term accommodation (includes serviced apartment, motel, holiday flat, backpackers hostel but does not include a dwelling or a hotel) | Serviced apartments and holiday flats: to be assessed at the same rate as apartment style housingBackpackers hostel: comparisons must be drawn with developments for a similar purpose to a backpackers hostel(Note that the requirements for motels are separately listed) | | Commercial, retail, business | | | Office | 1 space per 40 m2 GFA | | Business premises | 1 space per 40 m2 GFA excluding customer service/access areas plusfor customer service/access areas 1 space per 16.4 m2 GFA | | Shop | 1 space per 16.4 m2 GLFA (6.1 spaces per 100 m2 GLFA)The above rate may be varied in shopping centre complexes, such as shopping malls, where multi-purpose trips predominate, in accordance with the following—(a) for 0–10,000 m2 GLFA—6.1 spaces per 100 m2 GLFA(b) for 10,000–20,000 m2 GLFA—5.6 spaces per 100 m2 GLFA(c) for 20,000–30,000 m2 GLFA—4.3 spaces per 100 m2 GLFA(d) for more than 30,000 m2 GLFA—4.1 spaces per 100 m2 GLFA | | Video store | 6.1 spaces per 100 m2 GFA | | Bulky goods shop | Comparisons must be drawn with developments for a similar purposeProvision to be made for car/trailer combinations and adequate on-site parking spaces for service/delivery vehicles at a convenient location, separated from customer parking | | Markets | 2.5 spaces per stall (customers only) plus separate provision for stall holders vehicles | | Roadside stall | 4 spaces | | Drive-in liquor store | Refer to design principles for Drive-in liquor stores in the Roads and Traffic Authority’s Guide to Traffic Generating Developments (Issue 2.1a, February 2000) | | Retail plant nursery | Whichever is greater of—15 spaces, or0.5 spaces per 100 m2 of site area | | Builders’ supply and hardware establishment | Comparisons must be drawn with developments for a similar purposeProvision to be made for car/trailer combinations and adequate on-site parking spaces for service/delivery vehicles at a convenient location, separated from customer parking | | Hire establishment | Comparisons must be drawn with developments for a similar purposeAdequate parking for staff is required, as well as customer parking, including provision for cars with trailers and vehicle manoeuvring space appropriate to the use | | Service station | 6 spaces per service bay plus5 spaces per 100 m2 GFA of convenience store(If restaurant present, then greater of 15 spaces per 100 m2 GFA, or 1 space per 3 seats) | | Motor showroom | 0.75 spaces per 100 m2 site area plus6 spaces per work bay for vehicle servicing facilities | | Car tyre retail outlet | Whichever is greater of—3 spaces per 100 m2 GFA, or3 spaces per work bay | | Brothel | 1 space per 2 suites for employees plus1 space per 2 suites for clientsAdditional car parking spaces must be provided where other discrete uses (such as function rooms etc) are provided in the premises, at a rate appropriate to the particular use | | Animal boarding or training establishment | Adequate parking provision for staff and customers,Adequate provision for parking and turning of vehicles with trailers if appropriate to use | | Refreshment | | | Drive-in take-away food outlet | Drive-in take-away food outlet with no on-site seating—12 spaces per 100 m2 GFADrive-in take-away food outlet with on-site seating—12 spaces per 100 m2 GFA or greater of—1 space per 5 seats (internal and external), or1 space per 2 seats (internal)Drive-in take-away food outlet with on-site seating and drive through facilities—greater of—1 space per 2 seats (internal), or1 space per 3 seats (internal and external)plus queuing area for 5 to 12 cars | | Restaurant | Whichever is the greater of—15 spaces per 100 m2 GFA, or1 space per 3 seatsThe above rate may be reduced if there is, in the consent authority’s opinion, suitable available parking in the vicinity during the operating hours of the proposed development | | Registered club | Comparisons must be drawn with developments for a similar purpose | | Recreation | | | Recreation facility— | | | Squash court | 3 spaces per court | | Tennis court | 3 spaces per court | | Bowling alley | 3 spaces per alley | | Bowling green | 30 spaces per green plus 15 spaces per additional green | | Gymnasium | 4.5 spaces per 100 m2 GFA | | Marina | If a survey of similar existing developments has not been undertaken, the following figures may serve as a general guide—0.6 spaces per wet berth0.2 spaces per dry storage berth0.2 spaces per swing mooring0.5 spaces per marina employeeIf a survey of similar existing developments has been undertaken, regard must be had to the survey | | Entertainment facility | Comparisons must be drawn with developments for a similar purpose | | Industry, warehouse, vehicular | | | Industry | 1.3 spaces per 100 m2 GFA(including up to 20% of floor area as office space component. Office space component above 20% determined at office rate) | | Warehouse | 1.3 spaces per 100 m2 GFA(including up to 20% of floor area as office space component. Office space component above 20% determined at office rate) | | Business park | Apply rates for component uses, ie factory/warehouse at industry rate: office/showroom at office rate(Where office/showroom is a component of a factory/warehouse development, the first 20% of office/showroom floor area is calculated at the industry rate) | | Vehicle repair station, vehicle body repair workshop | 1.3 spaces per 100 m2 GFA | | Road transport terminal | Surveys must be taken of developments for a similar purpose | | Container depot | Surveys must be taken of developments for a similar purpose | | Truck stop | 1 truck parking space per motel unit plus 1 car space per 2 employees plus for restaurant facilities, the greater of—15 spaces per 100 m2 GFA, or1 space per 3 seats | | Health and community services | | | Medical centre | 4 spaces per 100 m2 GFA | | Health consulting room | 3 spaces per room used to see patientsThis may be reduced if not all rooms will be in concurrent operation, or if convenient on-street parking is available, providing that the use of such parking does not adversely affect the amenity of the adjacent area | | Hospital | Comparisons must be drawn with developments for a similar purpose | | Child care centre | 1 space for every 4 children, having regard to the maximum number of children authorised to be cared for at any particular time | | Primary schools, further education | 1 space per staff member in attendance, plusas relevant, adequate pickup/setdown area on site plusadequate provision of bicycle racks plus adequate provision for student parking plusprovision of bus standing and turning area | | Place of worship | Comparisons must be drawn with developments for a similar purposeThe need for additional parking for church halls must also be addressed in relation to proposed uses and hours of use | | Community facility | Comparisons must be drawn with developments for a similar purpose | | Veterinary hospital | Comparisons must be drawn with developments for a similar purposeAdequate parking provision for staff and customers |
sch 17: Ins 24.10.2003.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Introduction
1 What is the name of this plan?
The name of this plan is Warringah Local Environmental Plan 2000.
2 Where does this plan apply?
(1) This plan applies to that part of Northern Beaches local government area to which this plan applies (in this plan referred to as Warringah).
(2) However, this plan does not apply to any land while it is shown on the map as “Deferred Matter”.
Note—
On the commencement of clause 1.8 of Warringah Local Environmental Plan 2011, this plan ceases to apply to land to which that plan applies. However, this plan will continue to apply to land identified as “Deferred matter” on the Land Application Map under that plan.
cl 2: Am 2011 (649), Sch 6.3; 2017 (325), Sch 2 [1].
3 What are the purposes of this plan?
The purposes of this plan are—
(a) as far as possible, to integrate into one document all environmental planning instruments affecting the development of land in Warringah and ensure that this plan is the sole environmental planning instrument applying to the land to which it relates, and
(b) to describe the desired characters of the localities that make up Warringah and relate the controls on development to the achievement of the desired characters of those places, and
(c) to establish limits to the exercise of discretion with regard to the control of development, and
(d) to provide decision-making processes appropriate to the nature and extent of discretion to be exercised, and
(e) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
Note—
The term development is defined broadly by the Environmental Planning and Assessment Act 1979 (the EP&A Act) and includes the erection of buildings, the carrying out of works, the use of land or of a building or work on that land, and the subdivision of land.
cl 3: Am 2020 (724), Sch 1.16.
4 (Repealed)
cl 4: Am 29.11.2002. Rep 3.12.2004.
5 What effect has this plan on other environmental planning instruments?
(1) Except as provided by subclause (2), the following environmental planning instruments do not apply to the land to which this plan applies while this plan has effect—
State Environmental Planning Policies Nos 1, 4, 5, 6, 9, 11, 19, 21, 22, 33, 35, 44, 45 and 56,
Sydney Regional Environmental Plans Nos 9, 20 and 21,
Warringah Local Environmental Plan 1985.
(2) Any development applications submitted before, but not finally determined when this plan took effect for the land to which they relate, are to be determined as if those other environmental planning instruments continue to have effect and as if this plan had been exhibited but had not been made.
(3) Any development application submitted, but not finally determined, before the commencement of a relevant amending plan is to be determined as if the relevant amending plan had been exhibited but had not been made.
(4) In subclause (3)—
relevant amending plan means any of the following local environmental plans—
Warringah Local Environmental Plan 2000 (Amendment No 18)
Warringah Local Environmental Plan 2000 (Amendment No 20)
cl 5: Am 5.10.2001; 2006 (483), Sch 1 [1]; 2008 (296), Sch 1 [1].
6 Definitions and notes
(1) The Dictionary defines some of the words used in this plan.
(2) Notes, copies of charts and diagrams inserted in this plan, and the list of its contents, are explanatory and do not form part of this local environmental plan. They are provided to assist understanding. However, the Dictionary and Appendices are part of this plan.
(3) In this plan, a reference to a map or diagram is to a map or diagram deposited in the office of the Council.
Note—
From time to time this local environmental plan (LEP) will be amended. This may happen to give effect to a change in planning policy for a locality, or for Warringah as a whole. It may also happen to improve the way this LEP operates. An LEP is usually amended by the preparation of a new LEP (an amending LEP). As with all LEPs, amending LEPs must be publicly exhibited and made by the Minister.
Part 2 Control of development
7 What development requires consent?
All development requires consent except—
(a) exempt development, being development of minimal environmental impact identified in Schedule 1 (Exempt development), when carried out in accordance with the requirements of that Schedule, and
(b) development identified in Schedule 2 (Other development not requiring consent), when carried out in accordance with the requirements of that Schedule.
8 What development is complying development?
(1) Individual Locality Statements may identify what development is complying development within that locality.
(2) No matter what a Locality Statement says, however, complying development does not include development—
(a) within an area shown cross-hatched on the map, or
(b) on land that is identified as bushfire, slip or flood prone on maps deposited in the office of the Council, or
(c) within a zone of wave impact identified on the map, or
(d) on land that contains a heritage item, or
(e) on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map, where the development involves any works specified for that land in clause 49A.
(3) Development is complying development only if it complies with the deemed-to-satisfy provisions of the Building Code of Australia.
(4) Development is complying development only if it does not contravene any condition of a development consent applying to the land.
(5) Development is complying development only if a plan showing where it will be carried out has been stamped by Sydney Water Corporation to indicate compliance with Sydney Water Corporation’s building over sewer requirements. This requirement does not apply to internal alterations and demolition.
cl 8: Am 3.8.2001.
9 What conditions apply to complying development?
Complying development certificates must include the conditions set out in Schedule 3 (Conditions of complying development certificates).
Note—
Complying development is development that can be approved by accredited certifiers, as well as the consent authority, if it meets specified predetermined development standards. In addition to the circumstances in clause 8 (2), section 76A (6) of the Act also provides additional restrictions on complying development including, among other things, that complying development cannot include development on land that comprises, or on which there is, a heritage item and development which requires the concurrence of another body, including the Director-General of National Parks and Wildlife. You should refer to the Act for more detailed information.
10 What development is prohibited?
The following development is prohibited—
(a) development identified as being prohibited within a Locality Statement, and
(b) signs of the type listed in Schedule 4 (Prohibited signs).
11 Who is the consent authority?
For the purposes of this plan and subject to the Act, the Council is the consent authority.
cl 11: Am 2005 (194), Sch 4.28 [1].
cl 11, note: Rep 2005 (194), Sch 4.28 [2].
12 What matters are considered before consent is granted?
(1) Before granting consent for development the consent authority must be satisfied that the development is consistent with—
(a) any relevant general principles of development control in Part 4, and
(b) any relevant State environmental planning policy described in Schedule 5 (State policies).
(2) Before granting consent for development, the consent authority must be satisfied that the development will comply with—
(a) the relevant requirements made by Parts 2 and 3, and
(b) development standards for the development set out in the Locality Statement for the locality in which the development will be carried out.
(3) In addition, before granting consent for development classified as—
(a) Category One, the consent authority must consider the desired future character described in the relevant Locality Statement, or
(b) Category Two or Three, the consent authority must be satisfied that the development is consistent with the desired future character described in the relevant Locality Statement,
but nothing in a description of desired future character creates a prohibition on the carrying out of development.
Note—
Before granting consent for development the consent authority must consider the matters set out under section 79C of the Act.
To assist with understanding: Category One development is development that is generally consistent with the desired future character of the locality, Category Two development is development that may be consistent with the desired future character of the locality, and Category Three development is development that is generally inconsistent with the desired future character of the locality.
cl 12: Am 3.12.2004.
cl 12, note: Am 3.12.2004.
13 To what extent should neighbouring Locality Statements be considered?
Before granting consent for development within a locality, the consent authority must consider the provisions of a Locality Statement applying to a neighbouring locality if the extent to which they should be considered is specifically described in the Locality Statement for the locality in which the development is proposed.
14 How will the use of land be controlled?
(1) For the purposes of clause 12, development of land within a locality is classified by the relevant Locality Statement as being within one of three following categories—
(a) Category One,
(b) Category Two,
(c) Category Three.
(2) Notwithstanding subclause (1), subdivision, other than when exempt development, is Category Two development.
(3) Development of Category Three proposed on the site of a heritage item is taken to be development of Category Two if the consent authority is satisfied that—
(a) the retention of the item depends on the granting of consent to the proposed development, and
(b) the proposed development is in accordance with a conservation plan approved by the consent authority, and
(c) the granting of consent to the proposed development would ensure that all necessary work identified in the conservation plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item or its setting, and
(e) the proposed development would not adversely affect the amenity of surrounding land.
cl 14: Am 29.11.2002.
14A How is existing Category One or Category Two development dealt with?
(1) In this clause—
existing Category One development—
(a) means development that—
(i) is classified as Category One, and
(ii) was being lawfully carried out when this plan came into force, and
(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
existing Category Two development—
(a) means development that—
(i) is classified as Category Two, and
(ii) was being lawfully carried out when this plan came into force, and
(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
(2) This clause applies to development that involves—
(a) alterations or additions to a building the use of which is existing Category One development or existing Category Two development, or
(b) the expansion or intensification of existing Category One development or existing Category Two development, or
(c) the rebuilding of a building the use of which is existing Category One development or existing Category Two development, or
(d) any combination of paragraph (a), (b) or (c).
(3) This clause does not apply to development that involves a change of use of a building the use of which is existing Category One development or existing Category Two development.
(4) Despite clauses 12 (2) (b) and (3) and 20 (1) and (3), the consent authority may consent to the carrying out of development to which this clause applies, but only if the consent authority is satisfied that the development—
(a) is of minor environmental impact, and
(b) does not, to any significant extent, alter the bulk, size or scale of any existing building or existing land use, and
(c) results in an improvement to the existing character of the locality in which it occurs, and
(d) is confined to the current lot (or lots) on which the existing Category One development or existing Category Two development is being carried out.
cl 14A: Ins 2005 (561), Sch 1 [1].
15 Does Category Three development involve extra procedures?
(1) Consent may be granted to development classified as Category Three only if the consent authority has considered a statement of environmental effects that includes the items listed in Schedule 15.
(2) The consent authority must not grant consent to an application that includes development classi
This is an opening excerpt, not the complete document.