Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This Plan sets the local land‑use and development rules for Willoughby LGA: it prescribes what development needs consent, maps heritage conservation areas/items, and imposes technical controls on aquaculture, flood risk, acid sulfate soils, earthworks and urban heat. Council is the consent authority (cl.1.6) and must apply the Plan, maps and schedules (cl.1.7). Developers and landowners pay for compliance: permits, management plans and design/mitigation measures where the Plan requires them (e.g. cl.5.21, cl.6.1, Schedule 6).
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Direct links to the current provisions in Willoughby Local Environmental Plan 2012.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C4 Environmental Living
cl 2.1: Am 2023 (373), Sch 1[13].
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
Note 2—
Under the Standard Instrument (Local Environmental Plans) Order 2006, Schedule 1, clause 6(1), this Plan is, until 26 April 2025, taken to apply as if the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Schedule 3[1]–[4] had not commenced on 26 April 2023. As a result, until 26 April 2025, the Land Use Table is taken to include business and industrial zones that were in the Land Use Table immediately before 26 April 2023.
Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2019 (621), Sch 3; 2022 (727), Sch 4.8; 2023 (373), Sch 1[14]–[16]; 2023 No 52, Sch 2.6.
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C4 Environmental Living
3 Permitted with consent
Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Tank-based aquaculture
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone 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 E2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act | | Zone R2 Low Density Residential and marked “Local road widening” | Council | | Zone R3 Medium Density Residential and marked “Local road widening” | Council | | Zone E1 Local Centre and marked “Local road widening” | Council | | Zone MU1 Mixed Use and marked “Local road widening” | Council |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2024 (64), Sch 1[1] [2].
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.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2014 (368), Sch 1 [4]; 2016 (117), cl 5 (2); 2016 No 27, Sch 2.57; 2016 (456), cl 4; 2017 (37), cl 4 (1) (2); 2017 (180), Sch 1 [4]; 2017 (327), Sch 1 [14]–[16]; 2017 (493), Sch 1.2 [1]; 2018 (109), cl 5 (2); 2018 (488), Sch 1.2; 2021 (504), Sch 1[5] [6]; 2023 (292), Sch 1[3]; 2023 (373), Sch 1[23]–[37]; 2023 (460), Sch 1[4]; 2024 (64), Sch 1[4]–[6]; 2025 (434), Sch 1[2]–[21].
7 Use of certain land at 1 Denawen Avenue, Castle Cove
(1) This clause applies to land at 1 Denawen Avenue, Castle Cove, being Lot 307, DP 200637.
(2) Development for the purpose of a place of public worship is permitted with development consent.
8 Use of certain land at 2A Holly Street, Castle Cove
(1) This clause applies to land at 2A Holly Street, Castle Cove, being Lot 9, DP 214988.
(2) Development for the purpose of a dwelling house is permitted with development consent.
9 Use of certain land at 12 Charles Street, Castlecrag
(1) This clause applies to Lot 1, DP 1295413, 12 Charles Street, Castlecrag.
(2) Development for the purpose of a place of public worship is permitted with development consent.
10 Use of certain land at 184 Edinburgh Road, Castlecrag
(1) This clause applies to land at 184 Edinburgh Road, Castlecrag, being Lot 112, DP 11138 and Lot 113, DP 13195.
(2) Development for the purpose of a place of public worship is permitted with development consent.
11 Use of certain land at 10 The Postern, Castlecrag
(1) This clause applies to land at 10 The Postern, Castlecrag, being Lot 143, DP 17416.
(2) Development for the purpose of a community facility is permitted with development consent.
12 Use of certain land at Albert Avenue, Chatswood
(1) This clause applies to land at Albert Avenue, Chatswood, being Lot 1, DP 741948, Lot 24, DP 618973, Lot 1, DP 69505, Lot 11, DP 1171717, Lot 6, DP 69530 and Lot 5, DP 69530.
(2) Development for the purpose of a car park is permitted with development consent.
13 Use of certain land at Albert Avenue and Thomas Street, Chatswood
(1) This clause applies to Lot 22, DP 1215977, 79 Albert Avenue and 18 Thomas Street, Chatswood.
(2) Development for the purpose of a car park is permitted with development consent.
14 Use of certain land in Zone E3 for shop top housing
(1) This clause applies to land identified as “Area 3” on the Special Provisions Area Map.
(2) Development for the purposes of shop top housing is permitted with development consent.
15 (Repealed)
16 Use of certain land at 26 Anthony Street, Chatswood
(1) This clause applies to land at 26 Anthony Street, Chatswood, being Lot 1, DP 800321.
(2) Development for the purpose of a place of public worship is permitted with development consent.
17 Use of certain land at 23 Archer Street, Chatswood
(1) This clause applies to land at 23 Archer Street, Chatswood, being Lots 1 and 2, DP 6577 and Lot 5, DP 331555.
(2) Development for the purpose of a place of public worship is permitted with development consent.
17A (Repealed)
18 Use of certain land at 46 Beaconsfield Road, Chatswood
(1) This clause applies to land at 46 Beaconsfield Road, Chatswood, being Lot 76, DP 14213.
(2) Development for the purpose of a place of public worship is permitted with development consent.
19 Use of certain land at 250 Sailors Bay Road, Northbridge
(1) This clause applies to Lot 16, DP 7749, 250 Sailors Bay Road, Northbridge.
(2) Development for the purposes of business premises and office premises is permitted with development consent.
20 Use of certain land at 28–32 Chatswood Avenue, Chatswood
(1) This clause applies to Lots 1 and 2, DP 1280762, 28–32 Chatswood Avenue, Chatswood.
(2) Development for the purpose of a place of public worship is permitted with development consent.
21 Use of certain land at 126 Greville Street, Chatswood and part of 25 Millwood Avenue, Chatswood West
(1) This clause applies to the following land—
(a) 126 Greville Street, Chatswood, being Lot 1, DP 532353,
(b) part of 25 Millwood Avenue, Chatswood West, being Lot 1, DP 408490.
(2) Development for the purposes of eco-tourist facilities, educational establishments, high technology industries, information and education facilities, office premises, public administration buildings, storage premises and tourist and visitor accommodation is permitted with development consent.
(3) However, development consent may be granted to such development only if the eco-tourist facility, educational establishment, high technology industry, information and education facility, office premises, public administration building, storage premises or tourist and visitor accommodation concerned is (or is proposed to be) located in a building that existed on the commencement of this clause.
(4) Development for the purposes of dwelling houses is permitted with development consent on land in Zone R3 Medium Density Residential.
22 Use of certain land at 4 and 6 Hotham Street, Chatswood
(1) This clause applies to land at 4 and 6 Hotham Street, Chatswood, being Lot B, DP 335285 and Lot B, DP 399242.
(2) Development for the purposes of office premises and storage premises used in conjunction with the use of adjoining land as a private hospital and carried out in dwelling houses existing when this Plan commenced, other than minor changes to the external envelope of those dwelling houses, is permitted with development consent.
23 Use of certain land at 50 Johnson Street, Chatswood
(1) This clause applies to land at 50 Johnson Street, Chatswood, being Lot B, Section 18, DP 3226.
(2) Development for the purpose of a place of public worship is permitted with development consent.
24 Use of certain land at 10 Macquarie Street, Chatswood
(1) This clause applies to land at 10 Macquarie Street, Chatswood, being Lot 65, DP 5679.
(2) Development for the purpose of a place of public worship is permitted with development consent.
25 Use of certain land at 3–21 Malvern Avenue, 2–32 and 9–11 Havilah Street and 103 Archer Street, Chatswood
(1) This clause applies to the following land in Zone R2 Low Density Residential—
(a) the following land at 103 Archer Street and 3–21 Malvern Avenue, Chatswood—
(i) SP 51038,
(ii) Lots 2 and 3, DP 100677,
(iii) Lot 2, DP 101905,
(iv) Lot 2, DP 310160,
(v) Lots 3 and 4, DP 313131,
(vi) Lots A and B, DP 394859,
(vii) Lots A and B, DP 418863,
(b) the following land at 2–32 and 9–11 Havilah Street, Chatswood—
(i) Lots 45–48 and 52–60, DP 3372,
(ii) Lot 1, DP 105814,
(iii) Lot 1, DP 510937,
(iv) Lots 11 and 12, DP 1048214,
(v) Lots 20 and 21, DP 1144618.
(2) Development for the purposes of health consulting rooms and office premises is permitted with development consent.
26 Use of certain land at 655A Pacific Highway, Chatswood
(1) This clause applies to SP 57067, 655A Pacific Highway, Chatswood.
(2) Development for the purpose of a car park to be used in conjunction with the bowling club on adjoining land is permitted with development consent.
27 Use of certain land in Chatswood CBD
(1) This clause applies to land in Zone MU1 Mixed Use and identified as “Area 8” on the Special Provisions Area Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent if—
(a) the ground floor is used for non-residential purposes only, and
(b) at least 17% of the gross floor area of the building will be used for non-residential purposes.
28 Use of certain land at 112 Victoria Avenue, Chatswood
(1) This clause applies to land at 112 Victoria Avenue, Chatswood, being Lot 1, DP 724205.
(2) Development for the purpose of a car park is permitted with development consent.
29 Use of certain land at 161 Victoria Avenue, Chatswood
(1) This clause applies to land at 161 Victoria Avenue, Chatswood, being Lot 1, DP 719238.
(2) Development for the purpose of sex services premises is permitted with development consent.
30 Use of certain land at 311–313 Victoria Avenue, Chatswood
(1) This clause applies to SP 74153, 311–313 Victoria Avenue, Chatswood.
(2) Development for the purposes of business premises, retail premises and restaurants or cafes at street level is permitted with development consent.
31, 32 (Repealed)
33 Use of certain land at Chatswood and St Leonards in Zone E2
(1) This clause applies to land in Chatswood and St Leonards that is in Zone E2 Commercial Centre.
(2) Development for the purpose of a car park by or on behalf of the Council is permitted with development consent.
34 Use of certain land in Zone E4 in Chatswood and Roseville
(1) This clause applies to land in Zone E4 General Industrial in Chatswood and Roseville, unless the land has direct frontage to or adjoins any residential area (other than land along Eastern Valley Way).
(2) Development for the purposes of specialised retail premises and landscaping material supplies is permitted with development consent.
(3) Development consent under subclause (2) must not be granted unless the consent authority is satisfied that—
(a) suitable land is not available for the development in any nearby business centre, and
(b) the development will not detrimentally affect the range of services offered by existing shops located in any nearby business centre, and
(c) giving consent would not, because of the number of retail outlets that exist or are proposed in Zone E4 General Industrial, change the predominantly industrial nature of the area or detrimentally affect existing or future industrial development in the zone.
(4) Development for the purposes of animal boarding or training establishments is permitted with development consent if the establishment is—
(a) used for cats, dogs or other pets during normal business hours only, and
(b) not used to provide veterinary services.
35 (Repealed)
36 Use of certain land at 83–95 Christie Street, Naremburn
(1) This clause applies to land at 83–95 Christie Street, Naremburn, being Lots 33 and 34, Section 27, DP 4241, Lots A–D, DP 390464 and Lots 27 and 28, Section 27, DP 4241.
(2) Development for the purposes of medical centres and office premises is permitted with development consent.
37 Use of certain land at 2B, 2–14 Northcote Street, St Leonards
(1) This clause applies to the following land at 2B and 2–14 Northcote Street, St Leonards—
(a) SP 93253,
(b) Lots 2 and 3, Section 29, DP 4241,
(c) Lot 1, DP 746018,
(d) Lots 1 and 2, DP 801523.
(2) Development for the purpose of shop top housing is permitted with development consent.
38 Use of certain land at 53 Baringa Road, Northbridge
(1) This clause applies to land at 53 Baringa Road, Northbridge, being Lot 31, Section 3, DP 7122 and Lot 32, Section 3, DP 7122.
(2) Development for the purpose of a place of public worship is permitted with development consent.
39 Use of certain land at Eastern Valley Way, Northbridge (Northbridge Council car park)
(1) This clause applies to land at Eastern Valley Way, Northbridge (Northbridge Council car park), being Lot B, DP 323172, Lot 6, DP 200096, Lot 4, DP 200099, Lot 2, DP 200094 and Lot 8, DP 200098.
(2) Development for the purpose of a car park is permitted with development consent.
40 Use of certain land at 7 Eastern Valley Way, Northbridge
(1) This clause applies to land at 7 Eastern Valley Way, Northbridge, being Lot 7, DP 200098.
(2) Development for the purpose of a car park is permitted with development consent.
41 Use of certain land at 43 Eastern Valley Way, Northbridge
(1) This clause applies to land at 43 Eastern Valley Way, Northbridge, being Lot 83, DP 20195.
(2) Development for the purpose of a community facility is permitted with development consent.
42 (Repealed)
43 Use of certain land at 42–54 Sailors Bay Road, Northbridge
(1) This clause applies to land at 42–54 Sailors Bay Road, Northbridge, being Lots 1–7, DP 305048.
(2) Development for the purposes of business premises, office premises, shops and shop top housing is permitted with development consent.
44 Use of certain land at St Philip Neri Catholic School, 210–222 Sailors Bay Road and 65–71 Baringa Road, Northbridge
(1) This clause applies to land at St Philip Neri Catholic School, 210–222 Sailors Bay Road and 65–71 Baringa Road, Northbridge, being Lots 6–9, DP 7749 and Lot 1, DP 1022446.
(2) Development for the purpose of a place of public worship is permitted with development consent.
45 Use of certain land at 476 Penshurst Street, Roseville
(1) This clause applies to land at 476 Penshurst Street, Roseville, being Lot 9, DP 9236.
(2) Development for the purpose of a car park is permitted with development consent.
46 Use of certain land at 83 Macquarie Street and 30 William Street, Roseville
(1) This clause applies to Lots 1 and 2, DP 314602, 83 Macquarie Street and 30 William Street, Roseville.
(2) Development for the purpose of a place of public worship is permitted with development consent.
47 (Repealed)
48 Use of certain land at 14–102 Chandos Street, St Leonards
(1) This clause applies to land at 14–102 Chandos Street, St Leonards, being land bounded by Henry Lane, Chandos Street, Christie Street and Ryan Lane.
(2) Development for the purpose of shop top housing is permitted with development consent.
49 Use of certain land at Sexton’s Cottage, Gore Hill Cemetery, St Leonards
(1) This clause applies to land at Sexton’s Cottage, Gore Hill Cemetery, St Leonards, being Lot 101, DP 791327.
(2) Development for the purposes of community facilities, office premises and recreation areas is permitted with development consent.
50 Use of certain land in Zone E4 in St Leonards and Artarmon
(1) This clause applies to the following land in Zone E4 General Industrial—
(a) the following land at 2–10 Herbert Street, St Leonards—
(i) SP 74480,
(ii) Lots 1 and 2, DP 778425,
(iii) Lot 1, DP 1079151,
(iv) Lot 1, DP 1212720,
(b) the following land at 31–37 Herbert Street, St Leonards—
(i) Lot 1, DP 115615,
(ii) Lots 1 and 2, DP 744175,
(iii) Lot 3, DP 772072,
(b1) Lot 2, DP 1212720, 2 Frederick Street, St Leonards,
(c) land bounded by Punch Street, Lambs Road, Cleg Street and Herbert Street, Artarmon,
(d) land bounded by the North Shore Rail Line, Ella Street, Herbert Street, Cleg Street and Lambs Road, Artarmon.
(2) Development for the purposes of function centres and restaurants or cafes is permitted with development consent.
51 Use of certain land at “The Forum”, 3 Herbert Street and 1 Sergeants Lane, St Leonards
(1) This clause applies to land at “The Forum”, 3 Herbert Street and 1 Sergeants Lane, St Leonards, being Lot 21, DP 1034099 and Lots 11 and 12, DP 1006213.
(2) Development for the purpose of shop top housing is permitted with development consent.
52 Use of certain land at 7–13 Herbert Street, St Leonards
(1) This clause applies to land at 7–13 Herbert Street, St Leonards, being on the ground floor, SP 66951.
(2) Development for the purposes of a recreation facility (indoor) or a restaurant or cafe, or both, is permitted with development consent.
53, 54 (Repealed)
55 Use of certain land at Borlaise Street, Willoughby
(1) This clause applies to the following land at Borlaise Street, Willoughby—
(a) Lots 31 and 32, Section 1, DP 2880,
(b) Lot 18, DP 82656.
(2) Development for the purpose of a car park is permitted with development consent.
56 Use of certain land at 30 Frenchs Road, Willoughby
(1) This clause applies to land at 30 Frenchs Road, Willoughby, being Lots 1–3, Section 2, DP 2639.
(2) Development for the purpose of a place of public worship is permitted with development consent.
57 Use of certain land at 26 Horsley Street, Willoughby
(1) This clause applies to land at 26 Horsley Street, Willoughby, being Lot 36, DP 14241.
(2) Development for the purpose of a place of public worship is permitted with development consent.
58 Use of certain land at 162 Mowbray Road, Willoughby
(1) This clause applies to land at 162 Mowbray Road, Willoughby, being Lot 1, DP 333501 and Lot 350, DP 1146823.
(2) Development for the purpose of a car park is permitted with development consent.
59 Use of certain land at 203–211 Mowbray Road, Willoughby
(1) This clause applies to land at 203–211 Mowbray Road, Willoughby, being Lots 4 and 5, DP 246192.
(2) Development for the purpose of a place of public worship is permitted with development consent.
60 Use of certain land at 41–43 Oakville Road, Willoughby
(1) This clause applies to land at 41–43 Oakville Road, Willoughby, being Lots 14 and 15, DP 33364.
(2) Development for the purpose of a car park is permitted with development consent.
61 Use of certain land at 45–47 Oakville Road, Willoughby
(1) This clause applies to land at 45–47 Oakville Road, Willoughby, being Lot 1, DP 175604 and Lot 13, DP 33364.
(2) Development for the purpose of a car park is permitted with development consent.
62 Use of certain land at 85 Penshurst Street, Willoughby
(1) This clause applies to the part of Lot 18, DP 33364 and Lots 1–3, Section 2, DP 977087, 85 Penshurst Street, Willoughby that is in Zone R2.
(2) Development for the purpose of a function centre is permitted with development consent.
63 (Repealed)
64 Use of certain land at 350 Penshurst Street, Willoughby
(1) This clause applies to land at 350 Penshurst Street, Willoughby, being Lot 2, DP 1009275.
(2) Development for the purpose of sex services premises is permitted with development consent.
65 Use of certain land at Bales Park, 118 Sydney Street, Willoughby
(1) This clause applies to land at Bales Park, 118 Sydney Street, Willoughby, being Lot 292, DP 1149079.
(2) Development for the purpose of a car park used in conjunction with the use of adjoining land as a centre-based child care facility is permitted with development consent.
66 Use of certain land at Willoughby Market Gardens, Willoughby
(1) This clause applies to land at Willoughby Market Gardens, Willoughby, being “Area 1” on the Special Provisions Area Map.
(2) Development for the purposes of semi-detached dwellings and dwelling houses is permitted with development consent.
67 Use of certain land at 123A High Street, Willoughby East
(1) This clause applies to land at 123A High Street, Willoughby East, being Lots 8 and 9, DP 4151.
(2) Development for the purpose of a place of public worship is permitted with development consent.
68 Use of certain land at 10–12 Clanwilliam Street, Willoughby North
(1) This clause applies to land at 10–12 Clanwilliam Street, Willoughby North, being Lot 111, DP 1149884.
(2) Development for the purpose of a place of public worship is permitted with development consent.
69 Use of certain land at St Thomas Catholic Primary School, corner Horsley Avenue and High Street, Willoughby North
(1) This clause applies to land at St Thomas Catholic Primary School, corner Horsley Avenue and High Street, Willoughby North, being Lots 22–27 and 62, DP 14241, Lots 19–21, DP 14241 and Lot 1, DP 782188.
(2) Development for the purpose of a place of public worship is permitted with development consent.
70 Use of certain land at 182 High Street, Willoughby North
(1) This clause applies to land at 182 High Street, Willoughby North, being Lot 1, DP 101556.
(2) Development for the purpose of a place of public worship is permitted with development consent.
71 Use of certain land at 31 McClelland Street, Willoughby North
(1) This clause applies to land at 31 McClelland Street, Willoughby North, being Lot A, DP 169084.
(2) Development for the purpose of a place of public worship is permitted with development consent.
72 Use of certain land at 2 Frederick Street, St Leonards
(1) This clause applies to certain land at Lot 2, 1212720, 2 Frederick Street, St Leonards, identified as “Area 12” on the Floor Space Ratio Map.
(2) Development for the purpose of a hospital is permitted with development consent.
73 Use of certain land at 17 Smith Street, Chatswood
(1) This clause applies to Lots 1 and 2, DP 1286955, 17 Smith Street, Chatswood.
(2) Development for the purposes of a supermarket or a supermarket and liquor store is permitted with development consent.
(3) Development consent under subclause (2) must not be granted unless the consent authority is satisfied that—
(a) the floor space ratio of that part of the building on the site that is to be used for the purposes of the proposed development will not exceed 1.1:1, or
(b) the gross floor area of that part of the building on the site that is to be used for the purposes of the proposed development will not exceed 4,815m2.
74 Use of certain land at 7 Westbourne Street, St Leonards
(1) This clause applies to certain land at Lot 1, DP 1239553, 7 Westbourne Street, St Leonards, identified as “Area 11” on the Floor Space Ratio Map.
(2) Development for the purpose of a hospital is permitted with development consent.
75 Use of certain land at 100 Edinburgh Road, Castlecrag
(1) This clause applies to Lot 11, DP 611594, 100 Edinburgh Road, Castlecrag.
(2) Development for the purposes of residential flat buildings is permitted with development consent if the consent authority is satisfied—
(a) at least 20% of the gross floor area of the building will not be used for the purposes of residential accommodation or serviced apartments, and
(b) at least 75% of the gross floor area of the ground floor of the building will not be used for the purposes of residential accommodation or serviced apartments.
76 Use of certain land at 92–96 Victoria Avenue, North Willoughby
(1) This clause applies to Lots 5–7, DP 809, 92–96 Victoria Avenue, North Willoughby.
(2) Development for the purposes of multi dwelling housing is permitted with development consent.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2020 (501), Sch 2.12; 2023 (373), Sch 1[38].
Power poles for electricity supply on private land
(1) Must comply with the electricity supplier’s requirements.
(2) Maximum 1 pole per property.
Signage—Council signage
Must be signage that is—
(a) on Council owned or controlled land, and
(b) located on bus shelters, telephone booths, seats, bins, meters, notice boards or similar structures, and
(c) on freestanding display panels less than 4m2 in area.
Signage—general requirements
(1) Must relate to the land on which the signage is located or to premises on the land and specify one or more of the following particulars—
(a) the purpose for which the land or premises is or are used,
(b) the identification of a person residing or carrying on an occupation or business on the land or premises,
(c) a description of an occupation or business referred to in paragraph (b),
(d) particulars of the goods or services dealt with or provided on the land or premises.
(2) (Repealed)
(3) Must not be located on a site occupied by a heritage item.
Special events and temporary use of land (for community events, such as Christmas carol concerts, parades, street fetes, etc)
(1) Must take place on a road, school, place of public worship, hospital, public land or land that is in Zone RE1 Public Recreation or Zone RE2 Private Recreation.
(2) Must provide sufficient sanitary facilities for patrons and staff.
(3) Operator must have made arrangements for the collection, by an authorised trade waste contractor, of waste and recyclable materials that are generated by the event or use.
(4) Each stall and vendor must be registered with the Council before the event starts.
(5) Must have obtained any necessary approval to stage the event.
Note.
The proposed event or temporary use may involve activities that require approvals under the Local Government Act 1993. Such activities include closure of public roads, temporary structures, food stalls, mobile food vendors, activities on community land, certain amusement devices and public entertainment. Consultation with the Council will assist in identifying any requirements before organising such activities.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2017 (327), Sch 1 [17].
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2019 (494), cl 5; 2020 (658), Sch 1[1] [2]; 2023 (373), Sch 1[39]–[41]; 2024 (320), Sch 1; 2026 (72), Sch 1; 2026 (104), Sch 1[1] [2].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Willoughby Local Environmental Plan 2012.
1.1AA Commencement
This Plan commences on 31 January 2013 and is required to be published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Willoughby 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) for planning framework—
(i) to establish a broad planning framework for Willoughby, and
(ii) to enable the achievement of the goals and outcomes of the community strategic plan titled Our Future Willoughby 2032, published by the Council in June 2022, through planning controls,
(b) for sustainability—
(i) to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Willoughby, and
(ii) to promote an appropriate balance between development and management of the environment, that will be ecologically sustainable, resilient, socially equitable and economically viable, and
(iii) to better manage the risks associated with climate change through mitigation and adaptation, and
(iv) to reduce resource consumption through the planning and control of land use and development, and
(v) to reduce potential energy and water consumption and waste materials during the construction, occupation, utilisation and lifecycle of buildings, and
(vi) to manage and, where possible, minimise urban heat impacts on people and the environment, indoors and outdoors, through innovative, effective and sustainable urban design and use of green infrastructure,
(c) for environmental protection—
(i) to identify, protect and enhance environmentally sensitive areas such as native vegetation and fauna, foreshore areas, open space and areas of high scenic landscape value, and
(ii) to allow development at a scale that is sensitive to environmental constraints, and
(iii) to control and manage any adverse environmental impacts of development, and
(iv) to prevent loss of life and property and to minimise impacts on people, property and the environment from bush fires and natural disasters by—
(A) discouraging incompatible land uses in vulnerable areas, and
(B) incorporating, as part of compatible land uses, protective measures including appropriate construction techniques and materials, and
(C) avoiding unacceptable environmental degradation, and
(D) incorporating adequate measures to enable the safe evacuation of people from areas impacted by bush fires and natural disasters and ensure access to the areas by emergency services, and
(v) to reduce carbon emissions from buildings, transport, commerce and other activities,
(d) for urban design—
(i) to ensure development embraces the principles of quality urban design and encourages innovative, high quality architectural design to deliver durable, resilient and environmentally sustainable long-term outcomes, and
(ia) to establish, maintain and enhance green corridors and open spaces in accordance with the Sydney green grid principles set out in the Sydney Green Grid published by the Department in March 2017, and
(ii) to promote development that is designed and constructed—
(A) to enhance or integrate into the natural landform and the existing character of distinctive locations, neighbourhoods and streetscapes, and
(B) to contribute to the desired future character of the locality concerned, and
(iii) to ensure development design contributes positively to, and facilitates improvements to, the public domain, and
(iv) to preserve, enhance or reinforce specific areas of high visual quality, ridgelines and landmark locations, including significant gateways, views and vistas, and
(v) to ensure that development design takes into consideration crime prevention principles,
(e) for amenity, wellbeing, health and safety—
(i) to maintain and enhance the existing amenity, wellbeing, health and safety of the local community, and
(ii) to reduce adverse impacts from development on adjoining or nearby residential properties, and
(iii) to provide for social, cultural, recreational and community activities to meet the needs of residents, workers and visitors in Willoughby,
(f) for housing—
(i) to provide opportunities for a range of housing choice in Willoughby to cater for changing population needs in accessible locations, and
(ii) to facilitate the provision of adaptable and affordable housing, and
(iii) to support housing that maximises thermal comfort and minimises the impact of urban heat,
(g) for economic sustainability—
(i) to provide opportunities for a range of employment opportunities in Willoughby, and
(ii) to strengthen the viability and role of the city centres of Willoughby as places for commercial and cultural activities and services, and
(iii) to retain and manage industrial land,
(h) (Repealed)
(i) for heritage—to conserve items of environmental and cultural heritage and to retain the character of heritage conservation areas,
(j) for access—
(i) to provide for local and regional transport needs and promote and increase the use of active transport through walking, cycling and the use of public transport, and
(ii) to provide appropriate levels of car parking in connection with the location of development and managing the demand for ancillary car parking, where there is good access to public transport nodes and services, and
(iii) to provide integrated development design of pedestrian and vehicular access, parking, loading and delivery facilities.
cl 1.2: Am 2017 (327), Sch 1 [1]; 2023 (373), Sch 1[1]–[10].
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Willoughby Local Environmental Plan 1995
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provisions relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
(2) An amendment made to this plan by Willoughby Local Environmental Plan 2012 (Amendment No 34) does not apply to a development application made, but not finally determined, before the commencement of that plan.
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.
(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.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (373), Sch 1[11] [12]; 2023 (609), Sch 1.1[1].
1.8B Repeal of SEPP applying to land
Sydney Regional Environmental Plan No 5—(Chatswood Town Centre) is repealed.
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
(2A) (Repealed)
cl 1.9: Am 2021 (714), Sch 10.22; 2023 (664), Sch 3.21[1].
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C4 Environmental Living
cl 2.1: Am 2023 (373), Sch 1[13].
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 thin
This is an opening excerpt, not the complete document.