Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This Plan sets the development rules for land shown on its maps in the Warringah area, replacing earlier local environmental plans and making Council the consent authority. It adds detailed consent triggers, exemptions and technical requirements dealing with floods, coastal hazards, bushland protection, acid sulfate soils, landslip, heritage listings and aquaculture. It matters to landowners, developers, public authorities and residents because it changes who decides applications, what works need consent or management plans, and what compliance costs and safety measures are required.
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Direct links to the current provisions in Warringah Local Environmental Plan 2011.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU4 Primary Production Small Lots
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2022 (831), Sch 1.26[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2014 (39), Sch 1 [1] [2]; 2014 (219), cl 4; 2016 (167), Sch 1 [3]; 2016 (228), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (831), Sch 1.26[3] [4]; 2023 (458), Sch 2.83; 2023 (539), Sch 1.2.
Zone RU4 Primary Production Small Lots
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP4 Enterprise
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
3 Permitted with consent
Agritourism; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Extensive agriculture; Farm buildings; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Plant nurseries; Recreation areas; Respite day care centres; Roads; Roadside stalls; Rural supplies; Veterinary hospitals
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone R2 Low Density Residential and marked “Local road” | Council |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
cl 5.1: Am 2021 (779), Sch 1[4].
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
cl 6.1: Am 2014 (39), Sch 1 [3].
Part 7 Dee Why Town Centre
7.1 Definitions
In this Part—
Dee Why Town Centre means the land shown on the Centres Map as the Dee Why Town Centre.
Proposed New Road means the land shown on the Key Sites Map as the Proposed New Road.
Site A means the land shown on the Key Sites Map as Site A.
Site B means the land shown on the Key Sites Map as Site B.
Site C means the land shown on the Key Sites Map as Site C.
Site D means the land shown on the Key Sites Map as Site D.
Site E means the land shown on the Key Sites Map as Site E.
Town Square means the land shown on the Key Sites Map as the Town Square.
cl 7.1: Am 2020 (74), Sch 1[4] [5].
Part 8 Frenchs Forest Precinct
pt 8: Ins 2021 (779), Sch 1[6].
8.1 Definitions
In this Part—
Frenchs Forest Precinct means the land identified on the Precincts Map as the Frenchs Forest Precinct.
Site F means the land identified on the Key Sites Map as Site F.
Site G means the land identified on the Key Sites Map as Site G.
Site H means the land identified on the Key Sites Map as Site H.
Site I means the land identified on the Key Sites Map as Site I.
cl 8.1: Ins 2021 (779), Sch 1[6].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2014 (39), Sch 1 [4]–[23]; 2014 (309), cl 5; 2016 (253), cl 5; 2016 (617), Sch 1 [2]; 2018 (349), cl 5; 2018 (488), Sch 1.2; 2019 No 1, Sch 2.33; 2021 (779), Sch 1[7]; 2022 (287), Sch 1[4]; 2022 (831), Sch 1.26[17]–[19]; 2024 (428), Sch 1.
9 Use of certain land at Pittwater Road, Dee Why
(1) This clause applies to land at Pittwater Road, Dee Why, being Lot 1, DP 706230, shown as “Area 9” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation facilities (indoor) (provided that the facility operates in conjunction with a registered club) and registered clubs is permitted with consent.
10 Use of certain land at Melwood Avenue, Forestville
(1) This clause applies to land at Melwood Avenue, Forestville, being Lot 2589, DP 752038 and Lot 31, DP 366454, shown as “Area 10” on the Additional Permitted Uses Map.
(2) Development for the purposes of registered clubs is permitted with consent.
11 (Repealed)
12 Use of certain land at 39 Frenchs Forest Road East, Frenchs Forest
(1) This clause applies to land at 39 Frenchs Forest Road East, Frenchs Forest, being Lot X, DP 405206, shown as “Area 12” on the Additional Permitted Uses Map.
(2) Development for the purposes of pubs is permitted with consent.
13 Use of certain land at Lumsdaine Drive, Freshwater
(1) This clause applies to land at Lumsdaine Drive, Freshwater, being Lot 100, DP 1136132 and Lot 2, DP 579837, shown as “Area 13” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation facilities (indoor), recreation facilities (outdoor) (but only if the facility, whether indoor or outdoor, operates in conjunction with a registered club) and registered clubs is permitted with consent.
14 Use of certain land at 29 Moore Road, Freshwater
(1) This clause applies to land at 29 Moore Road, Freshwater, being Lots 1–5, Section 1, DP 7022 and Lot 13, Section 1, DP 7022, shown as “Area 14” on the Additional Permitted Uses Map.
(2) Development for the purposes of pubs is permitted with consent.
15 Use of certain land at 80 Undercliff Road, Freshwater
(1) This clause applies to land at 80 Undercliff Road, Freshwater, being Lot B, DP 329073, shown as “Area 15” on the Additional Permitted Uses Map.
(2) Development for the purposes of restaurants or cafes is permitted with consent.
16 Use of certain land at 1260 Pittwater Road, Narrabeen
(1) This clause applies to land at 1260 Pittwater Road, Narrabeen, being Lots 1 and 2, DP 1094308, shown as “Area 16” on the Additional Permitted Uses Map.
(2) Development for the purposes of hotel or motel accommodation is permitted with consent.
17 Use of certain land at 2 Aumuna Road, Terrey Hills
(1) This clause applies to land at 2 Aumuna Road, Terrey Hills, being Lot 6, DP 739456, shown as “Area 17” on the Additional Permitted Uses Map.
(2) Development for the purposes of educational establishments, garden centres, hospitals, hotel or motel accommodation, places of public worship, pubs, recreation areas, recreation facilities (indoor), recreation facilities (outdoor), registered clubs and restaurants or cafes is permitted with consent.
18 Use of certain land in the vicinity of Mona Vale and Myoora Roads, Terrey Hills
(1) This clause applies to land in the vicinity of Mona Vale and Myoora Roads, Terrey Hills, shown as “Area 18” on the Additional Permitted Uses Map.
(2) Development for the purposes of educational establishments, garden centres, hospitals, hotel or motel accommodation, places of public worship, recreation areas, recreation facilities (indoor), recreation facilities (outdoor), registered clubs and restaurants or cafes is permitted with consent.
19 Use of certain land in Zone RE1
(1) This clause applies to the following land—
(a) Lot 1, DP 1144187, Collaroy, identified as “Area 19A” on the Additional Permitted Uses Map, known as Long Reef Golf Club,
(b) part of Lot 2743, DP 752038, Manly Vale, identified as “Area 19B” on the Additional Permitted Uses Map, known as Manly Vale Bowling Club,
(c) Lot 2730, DP 752038, North Balgowlah, identified as “Area 19C” on the Additional Permitted Uses Map, known as Wakehurst Golf Club,
(d) part of Lot 2743, DP 752038, North Manly, identified as “Area 19D” on the Additional Permitted Uses Map, known as North Manly Bowling Club,
(e) part of Lot 2742, DP 752038, North Manly, identified as “Area 19E” on the Additional Permitted Uses Map, known as Warringah Recreation Centre.
(2) Development for the purposes of registered clubs is permitted with development consent if the registered club is incidental or ancillary to a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
20 Use of certain land at Bundaleer Street, Belrose
(1) This clause applies to land at Bundaleer Street, Belrose, being Lot 2, DP 1144741, shown as “Area 20” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation facilities (outdoor) is permitted with consent.
21 Use of certain land at 184 Wyndora Avenue, Freshwater
(1) This clause applies to land at 184 Wyndora Avenue, Freshwater, being Lots 1, 2, 33, 34 and 35, DP 7912, shown as “Area 21” on the Additional Permitted Uses Map.
(2) Subdivision of the land and development for the purposes of attached dwellings is permitted with consent.
(3) Development consent may only be granted under this clause to a single development application that provides for—
(a) the subdivision of the land to create not more than 14 lots, and
(b) the erection of not more than 14 attached dwellings.
(4) Consent must not be granted under this clause to development for the purposes of an attached dwelling unless the consent authority is satisfied that the proposed development includes a single basement car park providing parking spaces for each of the dwellings erected on the land to which this clause applies.
22 Use of certain land at 632 and 634 Warringah Road, Forestville
(1) This clause applies to land at 632 and 634 Warringah Road, Forestville, being Lots 9 and 8, DP 25052, shown as “Area 22” on the Additional Permitted Uses Map.
(2) Development for the purposes of—
(a) a service station, and
(b) a neighbourhood shop (with a retail floor area not exceeding 240m2),
is permitted with consent if the land is used for both purposes, concurrently.
23 Use of certain land at 729–731 Pittwater Road, Dee Why
(1) This clause applies to land at 729–731 Pittwater Road, Dee Why, being Lot CP, SP 13436, shown as “Area 23” on the Additional Permitted Uses Map.
(2) Development for the purposes of medical centres and office premises is permitted with consent.
24 Use of certain land at Frenchs Forest Road West, Frenchs Forest
(1) This clause applies to certain land at Frenchs Forest Road West, Frenchs Forest, shown as “Area 24” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) health consulting rooms that are located at ground floor level,
(c) health services facilities that are community health services facilities,
(d) medical centres,
(e) office premises,
(f) shop top housing.
25 Use of certain land at Karingal Crescent, Frenchs Forest
(1) This clause applies to certain land at Karingal Crescent, Frenchs Forest, shown as “Area 25” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) attached dwellings,
(b) dual occupancies (attached),
(c) semi-detached dwellings.
(3) The subdivision of land may result in a lot with a size of not less than 225 square metres if—
(a) the development involving the subdivision is for the purposes of semi-detached dwellings or attached dwellings, and
(b) a single development application is submitted for the proposed subdivision and proposed land use.
26 Use of certain land at Pittwater Road, Narrabeen
(1) This clause applies to the following land—
(a) Lot 100, DP 773884, 1298 Pittwater Road, Narrabeen,
(b) Lot 1, DP 615179, 1300 Pittwater Road, Narrabeen.
(2) Development for the following purposes is permitted with development consent—
(a) commercial premises,
(b) medical centres,
(c) shop top housing.
(3) Development consent must not be granted under subclause (2)(a) or (b) if the development would result in more than 1,150m2 of the gross floor area of all buildings on the land to which this clause applies being used for the purposes specified in subclause (2)(a) and (b).
27 Use of certain land at Dee Why
(1) This clause applies to the following land at Dee Why, shown as “Area 27” on the Additional Permitted Uses Map—
(a) Part Lot 11, DP 577062, 23 Fisher Road,
(b) Lot CP, SP 81758, 25 Fisher Road,
(c) Lot CP, SP 1902, 2 Kingsway,
(d) Lot CP, SP 88379, 4–16 Kingsway,
(e) Lot CP, SP 4066, 18 Kingsway,
(f) Lot CP, SP 75040, 20–34 Kingsway.
(2) Development for the purposes of residential flat buildings in permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2017 (325), Sch 1 [2]; 2019 (621), Sch 2.41.
Display of goods on footpath
(1) The display must be associated with a lawfully established business.
(2) The display must be on the part of the footpath that is adjacent to that business.
(3) The goods displayed must be small-scale goods, such as chemist bargains bins or clothes racks.
(4) The display must be authorised under Division 3 of Part 9 of the Roads Act 1993.
Outdoor areas of community land used for commercial purposes
Must be authorised under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
Outdoor eating areas (associated with an approved restaurant)
(1) If on a footpath—must be approved under section 125 of the Roads Act 1993.
(2) If on community land—must be authorised under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
(3) (Repealed)
Private electricity service poles
Must comply with the specifications for electricity distributors in the Service and Installation Rules of New South Wales published by the NSW Government.
Signage on motor vehicles
Vehicle must be able to be driven with the sign displayed and the vehicle must be principally for the conveyance of passengers or goods (or both).
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2020 (501), Sch 2.10.
Construction of garages and outbuildings associated with residential flat buildings
(1) General Must be wholly located in Zone R3 Medium Density Residential.
(2) Setback and siting
(a) All parts of the building must be setback at least 6.5m from the front boundary.
(b) All parts of the building must be setback at least 6m from the rear boundary.
(c) All parts of the building must be setback at least 4.5m from each side boundary.
(3) Design, finishes and streetscape
(a) Front fence must not be higher than 1.2m above ground level (existing).
(b) If facing a public road, the combined width of all garages facing the road must not be more than 6m or 50% of the frontage of the lot at the building line, whichever is the greater.
(4) Access, parking and traffic
(a) Only one driveway footpath crossing per lot.
(b) The finished level of the driveway must not be higher than 0.25m above ground level (existing).
(c) The driveway must be at least 0.5m from each side boundary.
(d) The entry point of a driveway must be at least 6m from each road intersection.
(5) Stormwater
(a) Stormwater must flow to an existing approved drainage system.
(b) The total existing and proposed roofed areas, paved surfaces and hardstand areas after the development has been completed must be less than the greater of the following areas—
(i) 35% of the total lot area,
(ii) 50m2.
(6) Landscaping and open space
(a) (Repealed)
(b) At least 50% of the lot must be landscaped open space at ground level (finished) with a minimum soil depth of 1m.
(c) In paragraph (b), landscaped open space includes the water surface of a swimming pool and naturally occurring impervious surfaces such as rock outcrops, but does not include driveways, paved areas, roofed areas, tennis courts, car parking, stormwater structures, decks and the like with a width or length of less than 2m.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2013 (549), Sch 1 [1] [2]; 2017 (48), cl 5; 2018 (485), cl 4; 2020 (547), cl 5; 2025 (406), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Subst 2014 (308), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Clause 1.6 Interpretation—references to land use zones
Omit clause 1.6 (1A). Insert instead—
(1A) Land identified as “Deferred matter” on the Land Application Map within the meaning of Warringah Local Environmental Plan 2011 is, for the purposes of this Policy, taken to be in Zone E3 Environmental Management.
Clause 2 Where does this plan apply?
Insert at the end of the clause—
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.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Warringah Local Environmental Plan 2011.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in that part of Northern Beaches local government area to which this Plan applies (in this Plan referred to as Warringah) in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to create a land use framework for controlling development in Warringah that allows detailed provisions to be made in any development control plan made by the Council,
(b) to recognise the role of Dee Why and Brookvale as the major centres and employment areas for the sub-region,
(c) to maintain and enhance the existing amenity and quality of life of the local community by providing for a balance of development that caters for the housing, employment, entertainment, cultural, welfare and recreational needs of residents and visitors,
(d) in relation to residential development, to—
(i) protect and enhance the residential use and amenity of existing residential environments, and
(ii) promote development that is compatible with neighbouring development in terms of bulk, scale and appearance, and
(iii) increase the availability and variety of dwellings to enable population growth without having adverse effects on the character and amenity of Warringah,
(e) in relation to non-residential development, to—
(i) ensure that non-residential development does not have an adverse effect on the amenity of residential properties and public places, and
(ii) maintain a diversity of employment, services, cultural and recreational facilities,
(f) in relation to environmental quality, to—
(i) achieve development outcomes of quality urban design, and
(ii) encourage development that demonstrates efficient and sustainable use of energy and resources, and
(iii) achieve land use relationships that promote the efficient use of infrastructure, and
(iv) ensure that development does not have an adverse effect on streetscapes and vistas, public places, areas visible from navigable waters or the natural environment, and
(v) protect, conserve and manage biodiversity and the natural environment, and
(vi) manage environmental constraints to development including acid sulfate soils, land slip risk, flood and tidal inundation, coastal erosion and biodiversity,
(g) in relation to environmental heritage, to recognise, protect and conserve items and areas of natural, indigenous and built heritage that contribute to the environmental and cultural heritage of Warringah,
(h) in relation to community well-being, to—
(i) ensure good management of public assets and promote opportunities for social, cultural and community activities, and
(ii) ensure that the social and economic effects of development are appropriate.
cl 1.2: Am 2016 (617), Sch 1 [1].
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Warringah Local Environmental Plan 2000 (Classification and Reclassification of Public Land)
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.
(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
(4) An amendment made to this plan by Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025 does not apply to a development application made, but not finally determined, before the commencement of the amendment.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2020 (69), Sch 1.14[1]; 2023 (609), Sch 1.1[1]; 2025 (597), Sch 14[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU4 Primary Production Small Lots
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
cl 2.1: Am 2022 (831), Sch 1.26[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the seconda
This is an opening excerpt, not the complete document.