Part 1 Preliminary

Part 1 Preliminary

1 Name of plan

1 Name of plan

This plan may be cited as the Wollongong Local Environmental Plan 1990.

cl 1: Am 9.7.2004.

1A References to City of Wollongong Local Environmental Plan 1990

1A References to City of Wollongong Local Environmental Plan 1990

A reference in any environmental planning instrument to City of Wollongong Local Environmental Plan 1990 is taken to be a reference to Wollongong Local Environmental Plan 1990, whether the instrument was made before or after the commencement of City of Wollongong Local Environmental Plan 1990 (Amendment No 223).

cl 1A: Ins 9.7.2004.

2 Land to which plan applies

2 Land to which plan applies

(1) This plan applies to land within the City of Wollongong, as shown on the map, with boundaries as indicated on the map.

(2) This plan does not apply to the land marked “Deferred” on the map, being land excluded from the operation of this plan pursuant to sections 68 (5) and 70 (4) of the Act, except for the land shown edged heavy black on the maps (or specified sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

City of Wollongong Local Environmental Plan 1990 (Amendment No 123)

City of Wollongong Local Environmental Plan 1990 (Amendment No 219)

cl 2: Am 27.9.1996; 24.10.2003.

3

3 (Repealed)

4 Aims

4 Aims

The aim of this plan is to provide a framework for land use management in the City of Wollongong to achieve the following objectives—

(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

(a) to encourage the proper management, development and conservation of natural and man-made resources (including agricultural land, natural areas, forest, minerals, water and the built environment) for the purpose of promoting the social and economic welfare of the community and a better environment,

(b) to protect the environment from degradation and despoliation by protecting environmentally sensitive areas from development and minimising adverse impacts of urban development on both the built and natural environment,

(c) to protect and improve the quality of life and the social well-being and amenity of local residents,

(d) to encourage economic diversification and growth of the business and industrial base to increase employment,

(e) to conserve the environmental heritage of the land to which this plan applies,

(f) to enable the classification and reclassification of land, owned or controlled by the Council, under the Local Government Act 1993.

cl 4: Am 11.2.1994; 2020 (724), Sch 2[1].

5 Strategy

5 Strategy

The strategy whereby this plan aims to achieve the aims referred to in clause 4 is—

(a) to control development generally in relation to the various zones depicted on the map,

(b) to control particular types of development, and development in particular zones, by means of the development and performance standards contained in this plan,

(c) (Repealed)

(d) to consolidate as many State and regional policies, codes and requirements as possible into this plan, and

(e) to reduce the number of zones and definitions and at the same time to reduce the need for consent for minor development.

cl 5: Am 2021 (716), Sch 1.52[1].

6 Definitions

6 Definitions

(1) In this plan—

advertisement means a sign, notice, device or representation in the nature of an advertisement, for promotional purposes or for conveying information, instructions, directions of the like, whether or not the sign, notice, device or representation involves the erection of a structure or the carrying out of a work, but does not include a business sign, a real estate sign or a road traffic signal or sign.

agriculture means broad acre commercial farming of crops or pasture.

appointed day means the day on which this plan takes effect.

aquaculture means—

(a) cultivating fish or marine vegetation for the purpose of harvesting the fish or marine vegetation or their progeny with a view to sale, or

(b) keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond),

but does not include—

(c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or

(d) anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose.

archaeological site means the site of one or more relics.

bed and breakfast accommodation means the use of a dwelling-house, part of a dwelling-house, or any ancillary building to a dwelling-house, for the purpose of offering short term (maximum of one month) paid accommodation and homestyle hospitality to visitors, by the permanent residents of the dwelling-house, where—

(a) a maximum of 2 bedrooms are used for that use, and

(b) the number of occupants of the establishment, including the permanent occupants, does not exceed 7 at any one time, and

(c) breakfast is available for visitors.

boarding-house includes a house let in lodgings or a hostel, but does not include a motel or bed and breakfast accommodation.

brothel means premises habitually used for the purposes of prostitution or designed for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution and includes a sex-on-premises establishment.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, hire or display of items (whether goods or materials) which are of such a size, shape or weight as to require—

(a) a large area for handling, storage or display, or

(b) direct vehicular access to the building or place by members of the public for the purpose of loading items into their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs, clothing or electrical or small-sized goods.

business sign means a commercial sign which is—

(a) illuminated, or

(b) attached to a bulky goods sales room or showroom, commercial premises, motel, restaurant or shop, being a sign other than a notice that the place or premises is or are for sale or letting together with the particulars of the sale or letting, or

(c) the second or subsequent commercial sign on any building, work or land.

camp or caravan site means a site used for the purpose of placing moveable dwellings (within the meaning of the Local Government Act 1993) for permanent accommodation or for temporary accommodation for tourists, whether or not the site is also used for the erection, assembly or placement of cabins for temporary accommodation for tourists.

car park means a building or place primarily used for the purpose of parking motor vehicles, whether operated for gain or not.

child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied—

(a) the children number 6 or more,

(b) the children are under 6 years of age,

(c) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

commercial sign means a sign, notice, device or representation in the nature of an advertisement, whether illuminated or not, which—

(a) has an area of not greater than 0.75 square metres, and

(b) in respect of any place or premises to which it is affixed, contains only—

(i) a reference to the identification or description of the place or premises,

(ii) a reference to the identification or description of any person residing or carrying on an occupation at the place or premises,

(iii) particulars of any occupation carried on at the place or premises,

(iv) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

(v) particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

(vi) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(vii) a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting,

(viii) particulars of any activities held or to be held at the place or premises, or

(ix) a reference to an affiliation with a trade, professional or other associated relevant to the business conducted at the place or premises.

community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this clause.

community land means land classified as community land within the meaning of the Local Government Act 1993.

conservation management plan means a document prepared in accordance with the provisions of the NSW Heritage Manual that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

cottage industry means an activity carried out under the following circumstances—

(a) the activity is carried out within a dwelling or the curtilage of a dwelling occupied by the person carrying on the activity or on land adjoining the land owned by that person,

(b) the activity causes minimal interference to the amenity of the area,

(c) the activity is generally in character with the scale and ambience of other activities within the immediate area,

(d) any goods offered for sale have been either produced on the site of the activity or relate directly to the activity taking place on the site,

(e) there are never more than 3 people employed in carrying out the activity who do not live in the dwelling within the curtilage of which the activity is carried out.

Council means the Council of the City of Wollongong.

demolish in relation to a building, work, relic, tree or place within a heritage conservation area or that is a heritage item, means wholly or partly damage, deface, destroy, pull down or remove that building, work, relic, tree or place within a heritage conservation area or the heritage item.

demolition has the same meaning as in the Act and, for the purpose of removal of doubt, includes the destruction, dismantling or moving of all or part of a building or work.

dual occupancy development means development that results in two dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development).

dwelling means a room or number of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile, and includes a granny flat.

dwelling-house means a building or buildings containing one but not more than one dwelling, on one allotment.

ecotourism facility means any nature-based tourism, educational or interpretative facility that is constructed and managed so as to be ecologically sustainable and without detrimental impact on the ecology of the locality. It may include some form of guest accommodation (but not a caravan park), facilities for provision of meals and a manager’s residence.

educational establishment means a building or place used for education such as teaching, and includes the following—

(a) a school,

(b) a tertiary institution, being a university, teachers’ college, technical college, TAFE establishment or other tertiary college providing formal education which is constituted by or under an Act,

(c) an art gallery or museum, not used to sell the items displayed in the art gallery or museum,

whether or not accommodation for staff or students is provided and whether or not conducted for the purpose of gain.

existing holding means a parcel of land, whether comprising one or more lots or portions, existing in one ownership—

(a) in the case of land within a water catchment area—as at 6 September 1974, or

(b) in any other case—as at 30 April 1971.

extractive industry means—

(a) development involving the winning or removal of extractive material from land,

(b) the rehabilitation or the filling and reshaping of an area from which extractive material has been won or removed, or

(c) an industry or undertaking (other than a mine) which depends for its operations on the winning or removal of extractive material from the land on which it is carried on.

extractive material means sand, gravel, clay, soil, rock, stone or similar substance but excludes turf and any sand, soil or other material remaining attached to turf after extraction of turf is carried out.

filling means the depositing of soil, rock or other material obtained from a site outside the property boundaries of a lot of land on which it is deposited, but does not include the depositing of topsoil, or feature rock imported to the lot, that is intended for use in garden landscaping, turf or garden bed establishment or topdressing of lawns.

flood prone land means land indicated as flood prone on the map marked “Wollongong Local Environmental Plan 1990 (Amendment No 235)—Flood Prone Land Map”.

floor means that space within a building which is situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above.

floor space ratio means the ratio of the gross floor area of a building to the area of the site on which it is situated.

forestry includes arboriculture, sylviculture and the destruction of trees and shrubs for the purpose of—

(a) afforestation, forest protection, cutting, dressing and preparing (otherwise than in a sawmill) of wood and other forest products,

(b) establishing roads necessary for the removal of wood and forest products, or

(c) forest protection.

granny flat means the smaller of 2 dwellings, where—

(a) the dwellings are both on the same lot and no other dwelling is on that lot, and

(b) the smaller dwelling has a floor space which is less than 55 square metres or half that of the larger dwelling, whichever is the smaller, and

(c) at least one of the dwellings is occupied by the owner of the lot on which the dwellings stand.

gross floor area means 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, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall,

(b) lift towers and cooling towers on the roof, machinery and plant rooms and ancillary storage space and air-conditioning ducts,

(c) car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access thereto,

(d) space for the loading and unloading of goods, and

(e) internal public arcades and thoroughfares, terraces, balconies atriums and verandahs with outer walls less than 1400 millimetres high, and the like.

hazardous industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality—

(a) to human health, life or property, or

(b) to the biophysical environment.

health consulting rooms means a room or a number of rooms within, or within the curtilage of, a dwelling-house or residential flats and used by not more than 3 legally qualified persons, who practise in partnership (if more than one) and who provide professional treatment or health care services (such as podiatry, chiropractic, dental, optical and physiotherapy services) to members of the public.

heavy industry means an industry other than an extractive or light industry, and includes a hazardous or offensive industry that is not an extractive or light industry.

helicopter landing site means a place, not open to the public, used for the taking off and landing of helicopters.

heliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes a terminal building or facilities for the parking, storage or repair of helicopters.

heritage conservation area means land identified as a Type C item in Schedule 1, the boundaries of which are shown edged heavy black on the heritage map, and includes buildings, works, relics, trees and places situated on or within that land.

heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.

heritage item means a building, work, archaeological site, tree or place listed in Schedule 1 and the site of which is described in Schedule 1 and shown edged heavy black or edged broken heavy black on the heritage map.

heritage map means the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 142)”, as amended by the maps (or the specified sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

City of Wollongong Local Environmental Plan 1990 (Amendment No 205)

City of Wollongong Local Environmental Plan 1990 (Amendment No 209)

City of Wollongong Local Environmental Plan 1990 (Amendment No 222)

City of Wollongong Local Environmental Plan 1990 (Amendment No 228)

Wollongong Local Environmental Plan 1990 (Amendment No 235)—Heritage Map

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

high-tech industry means an enterprise (including an enterprise carried out in a laboratory or testing facility) which has as its primary function the manufacture, development, production, processing, assembly of, or research into—

(a) electronic and micro-electronic systems, goods or components, or

(b) computer software or hardware, or

(c) instrumentation or instruments, or

(d) communication and telecommunication systems, goods or components, or

(e) biological, pharmaceutical, medical or paramedical systems, goods or components, or

(f) other goods, systems or components intended for use in science and technology.

home employment means an occupation which is carried on in, or from a dwelling, or within or from the curtilage of a dwelling-house or residential flats, by the permanent residents of the dwelling, and that does not involve any of the following—

(a) the employment on the premises of persons other than those residents,

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise,

(c) the display of goods, whether in a window or otherwise,

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited to indicate the name and occupation of those residents),

(e) the use of premises as a brothel or bed and breakfast accommodation.

hospital means a building or place used as a hospital, sanatorium, health centre or nursing home, whether public or private, and which may contain accommodation for seniors, infirm persons, incurable persons or convalescent persons and a shop or dispensary used in conjunction with it, but does not include an institution.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles for commercial purposes.

institution means—

(a) a residential centre for persons who have disabilities within the meaning of the Disability Services Act 1993, or

(b) a hospital within the meaning of the Mental Health Act 1990, or

(c) a correctional centre, correctional complex or periodic detention centre within the meaning of the Crimes (Administration of Sentences) Act 1999, or

(d) a detention centre within the meaning of the Children (Detention Centres) Act 1987.

intensive agriculture means a building or place used for—

(a) cultivating fruit, vegetable, mushroom, nut or flower crops, or

(b) keeping or breeding livestock, bees or poultry, or

(c) cultivating plants in a wholesale plant nursery, or

(d) breeding, boarding, training, keeping or caring for animals, or

(e) aquaculture,

for commercial purposes.

leisure area means a building or place used for the purpose of a picnic ground, walking trail, camping ground, information centre, children’s playground and parks, gardens or grazing, but does not include a recreation area or recreation facility.

licensed premises means premises specified in a licence of any kind granted under the Liquor Act 1982, but excludes development elsewhere specifically defined in this clause.

light industrial retail outlet means a shop—

(a) which is used in conjunction with a light industry other than a warehouse,

(b) which is situated on the land on which the light industry is located,

(c) which has a retail area the gross floor area of which does not exceed—

(i) 40 per cent of the gross floor area occupied by the shop and the light industry in conjunction with which the shop is used, or

(ii) 250 square metres,

whichever is less, and

(d) in which are sold only such goods as have been assembled or manufactured on the land on which the shop is situated.

light industry means an industry (including processes carried out in a laboratory), in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.

main road means a road proclaimed to be a main road under the Roads Act 1993, and includes a work declared to be a tollway under that Act.

maintenance means ongoing protective care of a heritage item or a building work, relic, tree or place within a heritage conservation area. It does not include alterations or the introduction of new materials or technology.

mine means any place which requires the winning or removal of any material pursuant to the Mining Act 1992, or the Petroleum (Onshore) Act 1991, and includes the storage and primary processing of the material obtained.

motel means a building or buildings used for the temporary or short-term accommodation of people away from their normal place of domicile, whether or not the building or buildings are also used for the provision of meals to those people or the general public.

offensive industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the development.

operational land means land classified as operational land within the meaning of the Local Government Act 1993.

place of Aboriginal heritage significance means—

(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

place of worship means a building or place used for the purposes of religious worship, whether or not the building or place is used for counselling, social events or religious training by a congregation or religious group.

port means a building or place used for—

(a) the loading of goods onto ships and the unloading of goods from ships,

(b) the storage of goods that are mainly to be loaded onto ships or that have been mainly unloaded from ships,

(c) industry that produces mainly goods to be loaded onto ships or that uses mainly goods that have been unloaded from ships, and

(d) any other purpose that is ancillary to or compatible with any of the purposes referred to in paragraph (a), (b) or (c).

potential archaeological site means a site identified as a Type P item in Schedule 1, the boundaries of which are shown edged heavy black on the heritage map, and includes a site known to the Council to have archaeological potential even if it is not so identified.

potential place of Aboriginal heritage significance means a place that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance.

public utility undertaking means any undertaking carried on by, or by authority of, any Government Department or in pursuance of any Commonwealth or State Act, for the purposes of—

(a) railway, road, water or air transport, or wharf or river undertakings,

(b) the provision of sewerage or drainage services, or

(c) the supply of water, hydraulic power, electricity or gas, or

(d) the provision of emergency services.

real estate sign means a sign used as an advertisement for a real estate agency which contains only the information that the place or premises to which it is affixed or to which it relates is or are for sale or letting, together with particulars of the sale or letting, and—

(a) in the case of any such sign used in respect of residential or non urban premises relating to letting or sale by private treaty—does not exceed 1.25 metres in length and 1.0 metre in height, or

(b) in the case of any such sign used in respect of residential or rural premises relating to sale by auction—

(i) does not exceed 2.0 metres in length and 1.25 metres in height, and

(ii) has returns not exceeding 200mm, and

(iii) contains only the word “auction” on the surface of its returns, or

(c) in the case of any such sign used in respect of commercial and industrial premises—does not exceed 2.5 metres in length and 2.0 metres in height.

recreation area means an area used for outdoor sporting activities including changing rooms and other associated facilities, but does not include a racecourse, showground, sports stadium or the like.

recreation facility means a building or area used for indoor sporting activities, recreation and leisure activities, entertainment, exhibitions or displays, whether or not operated for the purpose of gain, and includes a racecourse, showground, sports stadium and the like, and theatres, cinemas, concert halls, open air theatres and the like.

registered club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is registered under the Registered Clubs Act 1976.

relic means any deposit, object or material evidence (which may consist of human remains) relating to—

(a) the use or settlement of the area of the City of Wollongong, not being Aboriginal habitation, which is more than 50 years old, or

(b) Aboriginal habitation of the area of the City of Wollongong before or after its occupation by persons of European extraction.

renovation, in relation to a building or work, means—

(a) the making of structural changes to the inside or outside of the building or work, or

(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, such as changes that involve the repair, or the painting, plastering or other decoration, of the outside of the building or work.

repair means the reinstatement of original fabric to a known original state.

residential flats means a building or buildings comprising 2 or more dwellings, other than a granny flat, on the same allotment but does not include dwellings that result from dual occupancy development.

restaurant means a building or place the principal purpose of which is the provision of food to people for consumption on the premises.

restricted premises means a building or place, other than newsagencies and pharmacies, primarily used for the purposes of business premises in which—

(a) Category 1 and Category 2 restricted publications under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b) articles, materials, compounds, preparations, devices or other things that are primarily concerned with, or used or intended to be used in connection with sexual behaviour are sold or otherwise rendered accessible or available for the public, or

(c) a business to which section 578E of the Crimes Act 1900 applies is conducted.

seniors means people of or over 55 years of age.

seniors housing means residential accommodation that is, or is intended to be, used permanently by seniors or people with a disability consisting of—

(a) a residential care facility, or

(b) a hostel, or

(c) a group of self-contained dwellings, or

(d) a combination of these,

but does not include a hospital.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products, whether or not the building or place is also used for the purpose of any one or more of the following—

(a) the sale by retail of spare parts and accessories for motor vehicles,

(b) washing and greasing of motor vehicles,

(c) installation of accessories,

(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension transmission or chassis restoration).

serviced apartments means a building containing 2 or more dwellings let to persons and which are cleaned and otherwise serviced or maintained by the owner or manager of the building or the owner’s or manager’s agent.

shop means a building or place used for the purpose of selling by retail or hiring or display for the purpose of selling or hiring items (whether goods or materials), but does not include a bulky goods sales room or showroom.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the series of maps marked City of Wollongong Local Environmental Plan 1990, as amended by the maps marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

City of Wollongong Local Environmental Plan 1990 (Amendment No 3)

City of Wollongong Local Environmental Plan 1990 (Amendment No 4)

City of Wollongong Local Environmental Plan 1990 (Amendment No 8)

City of Wollongong Local Environmental Plan 1990 (Amendment No 9)

City of Wollongong Local Environmental Plan 1990 (Amendment No 10)

City of Wollongong Local Environmental Plan 1990 (Amendment No 11)

City of Wollongong Local Environmental Plan 1990 (Amendment No 13)

City of Wollongong Local Environmental Plan 1990 (Amendment No 14)

City of Wollongong Local Environmental Plan 1990 (Amendment No 15)

City of Wollongong Local Environmental Plan 1990 (Amendment No 16)

City of Wollongong Local Environmental Plan 1990 (Amendment No 18)

City of Wollongong Local Environmental Plan 1990 (Amendment No 19)

City of Wollongong Local Environmental Plan 1990 (Amendment No 20)

City of Wollongong Local Environmental Plan 1990 (Amendment No 21)

City of Wollongong Local Environmental Plan 1990 (Amendment No 22)

City of Wollongong Local Environmental Plan 1990 (Amendment No 25)

City of Wollongong Local Environmental Plan 1990 (Amendment No 26)

City of Wollongong Local Environmental Plan 1990 (Amendment No 27)

City of Wollongong Local Environmental Plan 1990 (Amendment No 28)

City of Wollongong Local Environmental Plan 1990 (Amendment No 29)

City of Wollongong Local Environmental Plan 1990 (Amendment No 30)

City of Wollongong Local Environmental Plan 1990 (Amendment No 31)

City of Wollongong Local Environmental Plan 1990 (Amendment No 32)

City of Wollongong Local Environmental Plan 1990 (Amendment No 33)

City of Wollongong Local Environmental Plan 1990 (Amendment No 35)

City of Wollongong Local Environmental Plan 1990 (Amendment No 37)

City of Wollongong Local Environmental Plan 1990 (Amendment No 38)

City of Wollongong Local Environmental Plan 1990 (Amendment No 39)

City of Wollongong Local Environmental Plan 1990 (Amendment No 40)

City of Wollongong Local Environmental Plan 1990 (Amendment No 41)

City of Wollongong Local Environmental Plan 1990 (Amendment No 43)

City of Wollongong Local Environmental Plan 1990 (Amendment No 46)

City of Wollongong Local Environmental Plan 1990 (Amendment No 47)

City of Wollongong Local Environmental Plan 1990 (Amendment No 51)

City of Wollongong Local Environmental Plan 1990 (Amendment No 52)

City of Wollongong Local Environmental Plan 1990 (Amendment No 53)

City of Wollongong Local Environmental Plan 1990 (Amendment No 55)

City of Wollongong Local Environmental Plan 1990 (Amendment No 56)

City of Wollongong Local Environmental Plan 1990 (Amendment No 57)

City of Wollongong Local Environmental Plan 1990 (Amendment No 58)

City of Wollongong Local Environmental Plan 1990 (Amendment No 59)

City of Wollongong Local Environmental Plan 1990 (Amendment No 61)

City of Wollongong Local Environmental Plan 1990 (Amendment No 62)

City of Wollongong Local Environmental Plan 1990 (Amendment No 63)

City of Wollongong Local Environmental Plan 1990 (Amendment No 65)

City of Wollongong Local Environmental Plan 1990 (Amendment No 66)

City of Wollongong Local Environmental Plan 1990 (Amendment No 68)

City of Wollongong Local Environmental Plan 1990 (Amendment No 69)

City of Wollongong Local Environmental Plan 1990 (Amendment No 70)

City of Wollongong Local Environmental Plan 1990 (Amendment No 71)

City of Wollongong Local Environmental Plan 1990 (Amendment No 77)

City of Wollongong Local Environmental Plan 1990 (Amendment No 78)

City of Wollongong Local Environmental Plan 1990 (Amendment No 80)

City of Wollongong Local Environmental Plan 1990 (Amendment No 81)

City of Wollongong Local Environmental Plan 1990 (Amendment No 82)

City of Wollongong Local Environmental Plan 1990 (Amendment No 83)

City of Wollongong Local Environmental Plan 1990 (Amendment No 85)

City of Wollongong Local Environmental Plan 1990 (Amendment No 88)

City of Wollongong Local Environmental Plan 1990 (Amendment No 89)

City of Wollongong Local Environmental Plan 1990 (Amendment No 90)

City of Wollongong Local Environmental Plan 1990 (Amendment No 91)

City of Wollongong Local Environmental Plan 1990 (Amendment No 93)

City of Wollongong Local Environmental Plan 1990 (Amendment No 94)

City of Wollongong Local Environmental Plan 1990 (Amendment No 95)

City of Wollongong Local Environmental Plan 1990 (Amendment No 96)

City of Wollongong Local Environmental Plan 1990 (Amendment No 97), Sheets 2–5

City of Wollongong Local Environmental Plan 1990 (Amendment No 98)

City of Wollongong Local Environmental Plan 1990 (Amendment No 99)

City of Wollongong Local Environmental Plan 1990 (Amendment No 101)

City of Wollongong Local Environmental Plan 1990 (Amendment No 102)

City of Wollongong Local Environmental Plan 1990 (Amendment No 103)

City of Wollongong Local Environmental Plan 1990 (Amendment No 107)

City of Wollongong Local Environmental Plan 1990 (Amendment No 108)

City of Wollongong Local Environmental Plan 1990 (Amendment No 109)

City of Wollongong Local Environmental Plan 1990 (Amendment No 113)

City of Wollongong Local Environmental Plan 1990 (Amendment No 115)

City of Wollongong Local Environmental Plan 1990 (Amendment No 117)

City of Wollongong Local Environmental Plan 1990 (Amendment No 119)

City of Wollongong Local Environmental Plan 1990 (Amendment No 120)

City of Wollongong Local Environmental Plan 1990 (Amendment No 122)

City of Wollongong Local Environmental Plan 1990 (Amendment No 123)

City of Wollongong Local Environmental Plan 1990 (Amendment No 124)

City of Wollongong Local Environmental Plan 1990 (Amendment No 125)

City of Wollongong Local Environmental Plan 1990 (Amendment No 126)

City of Wollongong Local Environmental Plan 1990 (Amendment No 128)

City of Wollongong Local Environmental Plan 1990 (Amendment No 129)

City of Wollongong Local Environmental Plan 1990 (Amendment No 133)

City of Wollongong Local Environmental Plan 1990 (Amendment No 134)

City of Wollongong Local Environmental Plan 1990 (Amendment No 135)

City of Wollongong Local Environmental Plan 1990 (Amendment No 136)

City of Wollongong Local Environmental Plan 1990 (Amendment No 137)

City of Wollongong Local Environmental Plan 1990 (Amendment No 138)

City of Wollongong Local Environmental Plan 1990 (Amendment No 139)

City of Wollongong Local Environmental Plan 1990 (Amendment No 144)

City of Wollongong Local Environmental Plan 1990 (Amendment No 145)

City of Wollongong Local Environmental Plan 1990 (Amendment No 146)

City of Wollongong Local Environmental Plan 1990 (Amendment No 148)

City of Wollongong Local Environmental Plan 1990 (Amendment No 149)

City of Wollongong Local Environmental Plan 1990 (Amendment No 150)

City of Wollongong Local Environmental Plan 1990 (Amendment No 152)

City of Wollongong Local Environmental Plan 1990 (Amendment No 153)

City of Wollongong Local Environmental Plan 1990 (Amendment No 154)—Sheet 1

City of Wollongong Local Environmental Plan 1990 (Amendment No 158)

City of Wollongong Local Environmental Plan 1990 (Amendment No 159)

City of Wollongong Local Environmental Plan 1990 (Amendment No 161)

City of Wollongong Local Environmental Plan 1990 (Amendment No 163)

City of Wollongong Local Environmental Plan 1990 (Amendment No 164)

City of Wollongong Local Environmental Plan 1990 (Amendment No 165)

City of Wollongong Local Environmental Plan 1990 (Amendment No 166) Sheet 2

City of Wollongong Local Environmental Plan 1990 (Amendment No 167)

City of Wollongong Local Environmental Plan 1990 (Amendment No 169)

City of Wollongong Local Environmental Plan 1990 (Amendment No 170)

City of Wollongong Local Environmental Plan 1990 (Amendment No 173)

City of Wollongong Local Environmental Plan 1990 (Amendment No 179)

City of Wollongong Local Environmental Plan 1990 (Amendment No 183)

City of Wollongong Local Environmental Plan 1990 (Amendment No 184)

City of Wollongong Local Environmental Plan 1990 (Amendment No 186)

City of Wollongong Local Environmental Plan 1990 (Amendment No 188)

City of Wollongong Local Environmental Plan 1990 (Amendment No 189)

City of Wollongong Local Environmental Plan 1990 (Amendment No 191)

City of Wollongong Local Environmental Plan 1990 (Amendment No 192)

City of Wollongong Local Environmental Plan 1990 (Amendment No 193)

City of Wollongong Local Environmental Plan 1990 (Amendment No 194)

City of Wollongong Local Environmental Plan 1990 (Amendment No 196)

City of Wollongong Local Environmental Plan 1990 (Amendment No 199)

City of Wollongong Local Environmental Plan 1990 (Amendment No 200)

City of Wollongong Local Environmental Plan 1990 (Amendment No 203)

City of Wollongong Local Environmental Plan 1990 (Amendment No 208)

City of Wollongong Local Environmental Plan 1990 (Amendment No 210)

City of Wollongong Local Environmental Plan 1990 (Amendment No 211)

City of Wollongong Local Environmental Plan 1990 (Amendment No 212)—Sheet 1

City of Wollongong Local Environmental Plan 1990 (Amendment No 213)

City of Wollongong Local Environmental Plan 1990 (Amendment No 214)

City of Wollongong Local Environmental Plan 1990 (Amendment No 216)

City of Wollongong Local Environmental Plan 1990 (Amendment No 219)

City of Wollongong Local Environmental Plan 1990 (Amendment No 221)

City of Wollongong Local Environmental Plan 1990 (Amendment No 223)

City of Wollongong Local Environmental Plan 1990 (Amendment No 224)

City of Wollongong Local Environmental Plan 1990 (Amendment No 226)

City of Wollongong Local Environmental Plan 1990 (Amendment No 228)

Wollongong Local Environmental Plan 1990 (Amendment No 230)

Wollongong Local Environmental Plan 1990 (Amendment No 232)

Wollongong Local Environmental Plan 1990 (Amendment No 234)

Wollongong Local Environmental Plan 1990 (Amendment No 235)—Zoning Map

Wollongong Local Environmental Plan 1990 (Amendment No 237)—Sheet 2

Wollongong Local Environmental Plan 1990 (Amendment No 238)

Wollongong Local Environmental Plan 1990 (Amendment No 239)

transport terminal means—

(a) a building or place used for the assembly, parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, or

(b) a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot, but does not include a bus stop, train station, bus/rail interchange or heliport.

truck or heavy machinery sale yard means a building or place used for the display and sale of trucks or industrial or farm machinery such as back hoes, front end loaders, tractors and the like.

turf farming means a place where turf is cultivated and extracted for the purpose of sale.

utility installation means—

(a) a building or work used by a public utility undertaking or by a public or private communication undertaking (excluding buildings designed wholly or principally as administrative or business premises or as a showroom), or

(b) an accessway, road, conveyor or work for the drainage of water or the damming or filling of a watercourse,

(c) a pipeline.

warehouse means a building or place used for the principal purpose of distributing, storing, handling or displaying items (whether goods or materials).

waste management facilities or works means any premises used for the storage, treatment, reprocessing, recycling, sorting or the disposal of waste.

(2) In this plan—

(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b) a reference to a map is a reference to a map deposited in the office of the Council, and

(c) a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner indicated in that clause as the means of identifying land of the zone so specified.

cl 6: Am 19.7.1991; 23.8.1991; 4.10.1991; 11.10.1991; 15.11.1991; 3.1.1992; 7.2.1992; 21.2.1992; 13.3.1992; 24.4.1992; 1.5.1992; 15.5.1992; 5.6.1992; 26.6.1992; 31.7.1992; 14.8.1992; 20.11.1992; 11.12.1992; 24.12.1992; 5.2.1993; 26.2.1993; 12.3.1993; 8.4.1993; 7.5.1993; 11.6.1993; 2.7.1993; 6.8.1993; 13.8.1993; 3.9.1993; 24.9.1993; 1.10.1993; 29.10.1993; 28.1.1994; 4.2.1994; 11.2.1994; 18.2.1994; 25.3.1994; 22.4.1994; 6.5.1994; 13.5.1994; 15.7.1994; 16.9.1994; 7.10.1994; 21.10.1994; 18.11.1994; 25.11.1994; 3.2.1995; 10.2.1995; 17.2.1995; 10.3.1995; 31.3.1995; 5.5.1995; 12.5.1995; 4.8.1995; 1.9.1995; 6.10.1995; 13.10.1995; 20.10.1995; 3.11.1995; 12.4.1996; 26.4.1996; 17.5.1996; 7.6.1996; 28.6.1996; 5.7.1996; 19.7.1996; 26.7.1996; 9.8.1996; 23.8.1996; 13.9.1996; 27.9.1996; 8.11.1996; 6.12.1996; 20.12.1996; 7.2.1997; 21.2.1997; 28.2.1997; 27.3.1997; 24.4.1997; 4.7.1997; 11.7.1997; 29.8.1997; 3.10.1997; 12.12.1997; 19.12.1997; 9.1.1998; 13.3.1998; 20.3.1998; 19.6.1998; 17.7.1998; 14.8.1998; 21.8.1998; 4.9.1998; 18.9.1998; 1.4.1999; 21.5.1999; 28.5.1999; 24.12.1999; 7.1.2000; 17.3.2000; 7.4.2000; 14.4.2000; 12.5.2000; 10.11.2000; 8.12.2000; 23.2.2001; 18.5.2001; 25.5.2001; 26.11.2001; 1.2.2002; 1.3.2002; 12.4.2002; 31.5.2002; 5.7.2002; 9.5.2003; 18.7.2003; 22.8.2003; 24.10.2003; 16.1.2004; 9.7.2004; 6.8.2004; 13.8.2004; 29.10.2004; 2005 (220), Sch 1 [1]; 2005 (438), Sch 1 [1]; 2006 (86), Sch 1 [1]; 2006 (105), Sch 1 [1]; 2006 (153), cl 4; 2006 (193), Sch 1 [1]–[4]; 2006 (759), cl 4.

7 Consent authority

7 Consent authority

The Council shall be the consent authority for the purposes of this plan.

Part 2 General restrictions on development of land

Part 2 General restrictions on development of land

8 Zones indicated on the map

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone—

Zone No 1 (Non-Urban Zone)—lettered “1”

Zone No 2 (a) (Low Density Residential Zone)—lettered “2 (a)”

Zone No 2 (a1) (Special Low Density Residential Zone)—lettered “2 (a1)”

Zone No 2 (b) (Medium Density Residential Zone)—lettered “2 (b)”

Zone No 2 (c) (High Density Residential Zone)—lettered “2 (c)”

Zone No 3 (a) (General Business Zone)—lettered “3 (a)”

Zone No 3 (b) (Neighbourhood Business Zone)—lettered “3 (b)”

Zone No 3 (c) (Regional Business Zone)—lettered “3 (c)”

Zone No 3 (d) (Commercial Services Zone)—lettered “3 (d)”

Zone No 3 (e) (Research and Development Business Zone)—lettered “3 (e)”

Zone No 4 (a) (Light Industrial Zone)—lettered “4 (a)”

Zone No 4 (b) (Heavy Industrial Zone)—lettered “4 (b)”

Zone No 4 (c) (Extractive Industrial Zone)—lettered “4 (c)”

Zone No 5 (Special Uses Zone)—lettered in accordance with clause 15

Zone No 6 (a) (Public Recreation Zone)—lettered “6 (a)”

Zone No 6 (b) (Private Recreation Zone)—lettered “6 (b)”

Zone No 6 (c) (Tourism Zone)—lettered ”6 (c)”

Zone No 7 (a) (Special Environmental Protection Zone)—lettered “7 (a)”

Zone No 7 (b) (Environmental Protection Conservation Zone)—lettered “7 (b)”

Zone No 7 (c) (Environmental Protection Residential Zone)—lettered “7 (c)”

Zone No 7 (c1) (Environmental Protection Rural Residential Zone)—lettered “7 (c1)”

Zone No 7 (d) (Hacking River Environmental Protection Zone)—lettered “7 (d)”

Zone No 8 (a) (National Parks, State Conservation Areas and Nature Reserves Zone)—lettered “8 (a)”

Zone No 8 (b) (National Parks, State Conservation Areas and Nature Reserves (Proposed) Zone)—lettered “8 (b)”

Zone No 9 (Reservation Zone)—lettered in accordance with clause 35, 36 or 37.

cl 8: Am 21.2.1997; 29.8.1997; 16.1.2004; 2006 (193), Sch 1 [5].

9 Zone objectives and development control table

9 Zone objectives and development control table

(1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2) Except as provided otherwise by this plan, the development on land within a zone—

(a) that may be carried out without development consent, and

(b) that may be carried out only with development consent, and

(c) that may be carried out only with development consent granted in accordance with clause 11 to a development application that has been advertised as is required for designated development, and

(d) that is prohibited,

is specified in the Table to this clause under the headings “Without development consent”, “Only with development consent”, “Only with development consent granted after advertising and satisfying clause 11” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3) Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (Non-Urban Zone)

Zone No 2 (a) (Low Density Residential Zone)

Zone No 2 (a1) (Special Low Density Residential Zone)

Zone No 2 (b) (Medium Density Residential Zone)

Zone No 2 (c) (High Density Residential Zone)

Zone No 3 (a) (General Business Zone)

Zone No 3 (b) (Neighbourhood Business Zone)

Zone No 3 (c) (Regional Business Zone)

Zone No 3 (d) (Commercial Services Zone)

Zone No 3 (e) (Research and Development Business Zone)

Zone No 4 (a) (Light Industrial Zone)

Zone No 4 (b) (Heavy Industrial Zone)

Zone No 4 (c) (Extractive Industrial Zone)

Zone No 5 (Special Uses Zone)

Zone No 6 (a) (Public Recreation Zone)

Zone No 6 (b) (Private Recreation Zone)

Zone No 6 (c) (Tourism Zone)

Zone No 7 (a) (Special Environmental Protection Zone)

Zone No 7 (b) (Environmental Protection Conservation Zone)

Zone No 7 (c) (Environmental Protection Residential Zone)

Zone No 7 (c1) (Environmental Protection Rural Residential Zone)

Zone No 7 (d) (Hacking River Environmental Protection Zone)

Zone No 8 (a) (National Parks, State Conservation Areas and Nature Reserves Zone)

Zone No 8 (b) (National Parks, State Conservation Areas and Nature Reserves (Proposed) Zone)

Zone No 9 (Reservation Zone)

cl 9: Am 15.7.1994; 2006 (193), Sch 1 [6].

cl 9, table: Am 3.1.1992; 24.9.1993; 25.3.1994; 6.5.1994; 15.7.1994; 21.2.1997; 29.8.1997; 13.3.1998; 5.11.1999; 16.1.2004. Subst 2006 (193), Sch 1 [7]. Am 2014 No 74, Sch 3.52.

Part 3 Special provisions

Part 3 Special provisions

pt 3, hdg: Rep 2006 (193), Sch 1 [13]. Ins 2006 (193), Sch 1 [8].

10 Development requiring consent or for a temporary period

10 Development requiring consent or for a temporary period

(1) Except as otherwise provided by this Part—

(a) subdivision of land or buildings,

(a1) the demolition of a building or work, unless the demolition is exempt development,

(b) consolidation of land in Zone No 1, 7 (a), 7 (b) and 7 (d) (being development with the meaning of the Act),

(c) demolition or alteration of or additions to boarding-houses providing rental accommodation,

(d) use for any other purpose of premises used for the purposes of a boarding-house providing rental accommodation,

(e) development of land not identified as being within a particular zone,

(f) conversion of a dwelling-house into residential flats,

(g) erection of, or alteration or addition to, residential flats,

(h) construction of dams,

(i) development of land below the high water mark,

(j) development or filling of land forming part of the bed of a river, creek, bay, lagoon or natural watercourse, including any area subject to periodic inundation,

(k) development of land which has been reclaimed,

(l) opening a road or other means of access which forms a junction or intersection with a main road,

(m) erection of a second or subsequent dwelling-house on an allotment of land,

(n) the clearing or partial clearing of vegetation, including noxious weeds, on land other than the clearing or partial clearing of vegetation required or authorised to be carried out by or under Division 1 of Part 3 of the Noxious Weeds Act 1993 or Division 2 of Part 4 of the Rural Fires Act 1997,

(n1) bushfire hazard reduction proposed to be carried out not in accordance with the provisions of the Rural Fires Act 1997,

(o) the removal or deposit of soil or rock from or on any land within Zone No 7 (a), 7 (b), 7 (c) or 7 (d),

(p) the filling or partial filling of land with any material, or

(q) demolition of cantilevered or suspended awnings, including supporting parapet walls, or

(r) development for the purpose of a sex shop,

may be carried out only with development consent.

(2) The Council shall not grant consent required by subclause (1) (e) for a purpose for which development is prohibited on land within a zone adjoining that land.

(3) In respect of any application required by subclause (1) (l), the Council shall take into consideration—

(a) the treatment of the junction or the intersection and its location having regard to town and country planning principles and to the safety and convenience of the public, and

(b) the effect of opening the road or other means of access on the development of the locality.

(c) (Repealed)

(4) (Repealed)

(5) (Repealed)

cl 10: Am 3.1.1992; 15.7.1994; 17.12.2004; 2006 (193), Sch 1 [9]–[12]; 2019 (659), Sch 2.42[1].

10A Exempt and complying development

10A Exempt and complying development

(1) Development of minimal environmental impact listed in Wollongong Development Control Plan No 99/2—Exempt Development (as adopted by the Council on 5 July 1999) is exempt development, despite any other provision of this plan.

(2) Development listed in Wollongong Development Control Plan No 99/1—Complying Development as adopted by Council on 5 July 1999) is complying development if—

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an existing use, as defined in section 106 of the Act.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Wollongong Development Control Plan No 99/2—Exempt Development or Wollongong Development Control Plan No 99/1—Complying Development, whichever is applicable (as adopted by the Council on 5 July 1999).

(4) A complying development certified issued for any complying development is to be subject to the conditions for the development specified in Wollongong Development Control Plan No 99/1—Complying Development (as adopted by the Council on 5 July 1999).

(5) For the purposes of section 109D (1) (d) (iv) of the Act, an accredited certifier may be a certifying authority for the purpose of issuing a subdivision certificate for a subdivision that is complying development.

(6) Clauses 11, 12, 13, 14 (1) (e) (f) (g) (2) and (3), 17, 21, 23 and 32 do not apply to complying development or to the granting of consent in relation to complying development.

cl 10A: Ins 5.11.1999.

10B Development without consent

10B Development without consent

(1) Development carried out by or on behalf of the Council for the purpose of the following may be carried out on any land, except land within a heritage conservation area or containing a heritage item, or subject to the provisions of State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply without development consent—

(a) construction or maintenance of stormwater drainage, water quality treatment devices, water tanks, flood mitigation structures, recreation areas, public amenities and temporary storage facilities,

(b) installation or maintenance of street furniture, such as seats, Council information signs, street signs, street lights, bus shelters, garbage and recycling containers and bins, bollards, flag poles, telephone kiosks and the like, but not fixed outdoor vending machines,

(c) construction and maintenance of roads, footpaths, cycleways, parking areas, fire trails, walking tracks and other public pedestrian areas, including tree planting and repaving, street surfacing, reconstruction of kerbs and gutters, and the like,

(d) installation or maintenance of park furniture, including seats, picnic tables, barbecue units and shelters, awnings and shade structures, gazebos and pergolas, bollards, playground equipment, flag poles, bridges, staircases, boardwalks, lighting (excluding ovals, tennis courts and the like) and Council information signs,

(e) installation and maintenance of goal posts, sight screens, fencing and similar ancillary sporting structures on sporting or playing fields for use in the playing or performance of sporting events (excluding grandstands, dressing sheds and other like structures),

(f) installation and maintenance of temporary structures for special events, including marquees, booth toilets, stages, tents, scaffolds and the like,

(g) bush regeneration, landscaping, gardening, tree planting, tree maintenance and tree removal,

(h) other works or activities approved by the Council as part of a plan of management for public land (excluding the construction of buildings or activities excluded by paragraphs (a)–(g)),

(i) the dedication of land owned by the Council for a public road,

(j) the approval of a plan of survey defining an area of public road to be closed under the Roads Act 1993.

(2) Bushfire hazard reduction may be carried out under section 100C of the Rural Fires Act 1997 without development consent.

cl 10B: Ins 5.11.1999. Subst 2006 (193), Sch 1 [14].

11 Restrictions on granting certain consents

11 Restrictions on granting certain consents

(1) This clause applies to the granting of consent to a development application required to be advertised by item 4 of the Table to clause 9 and, pursuant to section 108 (3) of the Act, to the granting of consent to a development application made pursuant to Part 5 of the Environmental Planning and Assessment Regulation 2000.

(1A) (Repealed)

(2) The Council shall not grant consent to a development application to which this clause applies unless it is satisfied that—

(a) the development is consistent with one or more of the objectives of the zone in which it is proposed that it be carried out,

(b) the development is necessary for any one of the following reasons—

(i) it provides a service primarily for the area,

(ii) it meets an urgent community need,

(iii) it comprises an owner-occupier operated small scale tourist related development,

(iv) the most exceptional circumstances apply,

(c) no more appropriately zoned site or (if appropriate) accommodation is available in reasonable proximity to the proposed development or the proposed development constitutes a change from an existing use, within the meaning of Division 10 of Part 4 of the Act,

(d) adequate car parking (if relevant) can be provided and any increase in traffic will be small compared to existing traffic,

(e) there will be minimal interference with the amenity of the area,

(f) the development is generally in character with the scale and ambience of the immediate area, and

(g) if the development will provide a service, there is a clear need for the service in the area.

cl 11: Subst 15.7.1994. Am 2006 (193), Sch 1 [15]–[17]; 2021 (716), Sch 1.52[2].

12 Floor space ratios

12 Floor space ratios

(1) A person must not, on an allotment of land within a zone specified in Column 1 of Table 1 to the clause, erect a building with a floor space ratio that exceeds the ratio specified opposite that zone in Column 2 of Table 1.

(2) Despite subclause (1), a dwelling-house on land within Zone No 2 (a) may be erected with a floor space ratio not exceeding 0.5:1.

Table 1

| Column 1 | Column 2 | | Zone | Ratio | | 2 (a) | 0.30:1 | | 2 (a1) | 0.50:1 | | 2 (b) | 0.50:1 | | 2 (c) | 1.25:1 | | 3 (a) | 1.50:1 | | 3 (b) | 0.75:1 | | 3 (c) | 3.50:1 | | 3 (d) | 0.50:1 | | 4 (a) | 0.50:1 | | 6 (c) | 1.50:1 | | 7 (c) | 0.30:1 |

(3) Despite subclauses (1) and (2), a person may, on an allotment of land within a zone specified in Column 1 of Table 2, erect a building with a floor space ratio that does not exceed the ratio specified opposite that zone in Column 2 of Table 2, but only if—

(a) the site has an area of at least 2000 square metres of buildable land, and

(b) the proposed development provides—

(i) on land within Zone No 2 (a)—a minimum of 85 bedrooms per hectare of buildable land, or

(ii) on land within Zone No 2 (b)—a minimum of 125 bedrooms per hectare of buildable land, and

(c) the site is located within the area of land edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 206)”.

(4) In this clause, buildable land means land on which the erection of a building is not constrained by being flood prone, subject instability, subject to easements or subject to restrictions of access.

Table 2

| Column 1 | Column 2 | | Zone | Ratio | | 2 (a) | 0.4:1 | | 2 (b) | 0.55:1 |

(5) Despite subclauses (1)–(3), a person may, on an allotment of land within the area bounded by Corrimal Street, Stewart Street, Crown Street and the Wollongong foreshore public recreation area, shown edged heavy black on sheet 4 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 114)”, erect a building with a floor space ratio not exceeding 2.5:1.

(6) Despite subclauses (1)–(3), a person on an allotment of land, being Lots 19, 20, 21 and 22, DP 37869 and part of Lot 2, DP 868593, Bank Street, Wollongong, as shown edged heavy black on Sheet 4 of the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 166)”, erect a building with a floor space ratio of not more than 2.5:1.

(7) Despite subclauses (1)–(3), a person may, on land being Lots 1 and A, DP 881773, Brompton Road, Bellambi, as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 224)”, erect residential flats with a floor space ratio greater that 0.5:1 but not exceeding 0.75:1, provided that the development satisfies the sustainable development standards set out in Development Control Plan No 53: Bellambi Station Redevelopment, as adopted by the Council on 23 February 2004.

cl 12: Am 24.9.1993; 10.2.1995. Subst 1.9.1995. Am 1.9.1995; 14.6.1996; 7.11.1997; 20.3.1998; 1.2.2002; 13.8.2004; 2006 (193), Sch 1 [18].

cl 12, table: Am 29.8.1997.

12A Building heights

12A Building heights

(1) A person must not, on land described in Column 1 of Schedule 2A, erect a building with a height that exceeds the height specified opposite the land in Column 2 of that Schedule. For the purpose of this subclause, height means the distance between the ceiling level of the uppermost floor, measured at the outside wall, and the natural ground level or finished ground level, whichever is the lower.

(2) A person must not, on land described in Column 1 of Schedule 2B, erect a building with a height that exceeds the height specified opposite the land in Column 2 of that Schedule. For the purposes of this subclause, height means the height of the highest point of the building or that part of the building specified in Column 2 of that Schedule as measured by a Relative Level in metres to Australian Height Datum.

cl 12A: Ins 1.9.1995. Subst 16.1.2004.

12B Gross floor area

12B Gross floor area

A person must not, on land described in Column 1 of Schedule 2C, erect a building with a gross floor area that exceeds the gross floor area specified opposite the land in Column 2 of that Schedule.

cl 12B: Ins 16.1.2004.

13 Subdivision of land within Zone No 1, 7 (a), 7 (b) or 7 (d)

13 Subdivision of land within Zone No 1, 7 (a), 7 (b) or 7 (d)

(1) The Council shall not consent to the subdivision of land within Zone No 1 unless each allotment of land to be created by the subdivision will have an area of not less than 40 hectares.

(2) The Council shall not consent to the subdivision of land within Zone No 7 (a), 7 (b) or 7 (d) unless—

(a) each allotment of land to be created by the subdivision has an existing dwelling-house on it and no rights for additional dwellings are created, or

(b) the subdivision is for the purposes of a minor boundary adjustment.

(3) Notwithstanding subclauses (1) and (2), the Council may consent to the subdivision of land within Zone No 1, 7 (a), 7 (b) or 7 (d) so as to create an allotment with an area of less than 40 hectares, or an allotment on which there is not existing dwelling-house, if the Council is satisfied that the allotment is intended to be used for a purpose (other than agriculture or a dwelling-house) for which it may be used with the consent of the Council under this plan.

13A Subdivision within Zone No 7 (c1)

13A Subdivision within Zone No 7 (c1)

(1) The subdivision of land within Zone No 7 (c1) is prohibited, except a subdivision for any of the following—

(a) widening a public road,

(b) making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,

(c) rectifying an encroachment upon an allotment,

(d) creating a public reserve,

(e) excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bush fire brigade or other rescue service purposes or public conveniences.

(2) The separate occupation of the proposed lots illustrated by a proposed strata plan relating to land within Zone No 7 (c1) is prohibited.

cl 13A: Ins 21.2.1997.

13B Subdivision and density provisions

13B Subdivision and density provisions

Consent is not to be granted to the subdivision of land within a zone specified in Column 1 of the Table to this clause if—

(a) the consent authority is not satisfied that the subdivision will create a lot on which a dwelling-house will be erected, and

(b) the area of each such lot (excluding any access handle) will not be equal to or greater than the area specified, in relation to the zone, in Column 2 of that Table.

Table

| Column 1 | Column 2 | | Zone | Minimum lot size for subdivision | | 2 (a) | 450m2 if the land is not at Helensburgh | | 2 (a) | 550m2 if the land is at Helensburgh | | 2 (a1) | 550m2 |

cl 13B: Ins 2006 (193), Sch 1 [19].

14 Dwelling-houses in Zone No 1, 7 (b) or 7 (d)

14 Dwelling-houses in Zone No 1, 7 (b) or 7 (d)

(1) The Council shall consent to the erection of a dwelling-house on an allotment of land within Zone No 1, 7 (b) or 7 (d) only if there is no dwelling-house on the allotment and if the allotment—

(a) is an existing holding which has an area of not less than 10 hectares, or

(b) is an allotment—

(i) which was created after 30 April 1971 but before 23 February 1984, and

(ii) which has an area of not less than 20 hectares, or

(c) is an allotment of not less than 40 hectares, or

(d) is an allotment which was created before or after the appointed day—

(i) by a subdivision approved by the Council not more than 2 years before that day, or

(ii) (Repealed)

and if the Council is satisfied that—

(e) adequate vehicular access will be provided to the site of the proposed dwelling-house or dwelling,

(f) the erection of the proposed dwelling-house and associated activities on the allotment will not detract from the environment by way of visual intrusion, vegetation clearance, drainage pollution or bushfire risk, and

(g) the proposed dwelling-house will be provided with an adequate water supply and means of disposal of sewage.

(2) Notwithstanding subclause (1), the Council may consent to the erection on an allotment of land within Zone No 1—

(a) of a second or subsequent dwelling-house where one or more dwelling-houses is or are situated on that allotment, or

(b) of 2 or more dwelling-houses where no dwelling-house is situated on that allotment,

if it is satisfied that each dwelling-house on the land will be occupied by the owner of the allotment or by persons employed by that owner for the sole or primary purpose of carrying on agriculture or intensive agriculture on that allotment or on land adjoining that allotment.

(2A) Despite subclause (1), the Council may consent to the erection of a dwelling-house as a replacement for a dwelling-house that was lawfully constructed on an allotment of land within Zone No 1, 7 (b) or 7 (d).

(3) The Council may, as a condition of its consent to the erection of a dwelling-house on an allotment of land within Zone No 1, 7 (b) or 7 (d), require the consolidation of the allotment with any other adjacent allotment in the same ownership.

cl 14: Am 15.7.1994; 2009 (177), Sch 1 [1].

14A Dwelling-houses in the Escarpment Core Area

14A Dwelling-houses in the Escarpment Core Area

Notwithstanding any other provision of this plan, the Council may consent to the erection of a dwelling-house (including the erection of a dwelling-house as a replacement for a dwelling-house that was lawfully constructed) on an allotment of land which is wholly within Zone No 7 (a) provided that—

(a) immediately prior to the coming into effect of City of Wollongong Local Environmental Plan 1990 (Amendment No 38), the allotment was wholly within Zone No 7 (b), and

(b) the allotment is an existing holding or an allotment referred to in clause 14 (1) (a), (b), (c) or (d).

cl 14A: Ins 1.10.1993. Am 2009 (177), Sch 1 [2].

14B Restriction on residential development in Helensburgh within Low Density Residential Zone

14B Restriction on residential development in Helensburgh within Low Density Residential Zone

Despite any other provisions of this plan, the carrying out of the following development is prohibited on all land in Helensburgh within Zone No 2 (a)—

(a) development for the purposes of residential flats,

(b) dual occupancy development (other than development for the purposes of granny flats).

cl 14B: Ins 14.6.1996.

15 Development in Zone No 5

15 Development in Zone No 5

Development may be carried out only with development consent on land within Zone No 5, being land specified in Column 1 of the Table to this clause and shown on the map, for the purpose specified opposite that land in Column 2 of that Table.

Table

| Column 1 | Column 2 | | (Special Uses)—lettered “5 (a)”, together with the name of the Special Use, in black lettering on the map. | The purpose indicated in black lettering on the map. | | (Special Uses)—lettered “5 (b)” on the map. | Railways. | | (Special Uses)—lettered “5 (c)” on the map. | Main roads. |

16

16 (Repealed)

17 Development in Zone No 7 (a), 7 (b) or 7 (d)

17 Development in Zone No 7 (a), 7 (b) or 7 (d)

(1) In deciding whether to grant consent to a development application to carry out development of any land within Zone No 7 (a), 7 (b) or 7 (d), the Council shall—

(a) consider the visual impact of the proposed development when viewed from a public place, and take such measures as will, in its opinion, minimise any visual impact, and

(b) be satisfied that the development minimises any detrimental impact on the environment by way of vegetation clearance, drainage pollution or bushfire risk.

(2) The Council shall not grant development consent to an application to carry out development on land within Zone No 7 (a), 7 (b) or 7 (d) unless it is satisfied that—

(a) the development will not have a detrimental effect on the rainforest or rainforest species, or

(b) any detrimental effect on the rainforest or rainforest species can be justified by other factors.

(3) The Council shall not grant consent to the carrying out of development for the purposes of forestry on land within Zone No 7 (a) unless the Council is satisfied that the development will be so managed as not to have any long term detrimental effect on the rainforest or any species of local or regional significance.

(4) The Council shall not grant consent to the carrying out of development having the effect of bridging, obstructing or otherwise affecting waterways on land within Zone No 7 (a), 7 (b) or 7 (d) unless it is satisfied that reasonable opportunities for wildlife movement will be maintained.

(5) The Council must not grant consent to an application to carry out development on land within Zone No 7 (a), 7 (b) or 7 (d) which, in the opinion of the Council, will involve significant tree felling or vegetation clearance unless it is satisfied that—

(a) the development will be so managed as not to have any long term detrimental impact on opportunities for wildlife movement, or

(b) any detrimental effect on opportunities for wildlife movement can be justified by other factors.

(6) (Repealed)

cl 17: Am 2006 (193), Sch 1 [22]–[26]; 2008 (571), Sch 3.194 [1]–[5].

18 Lake Illawarra and the Hacking River

18 Lake Illawarra and the Hacking River

(1) In deciding whether to grant consent to any application to carry out development of land which, in its opinion, may have a potential adverse impact on Lake Illawarra or the Hacking River, the Council shall take into consideration the effect of the proposed development on the water quality and ecology of the lake and river and the need to prevent sedimentation.

(2) In deciding whether to grant consent to a development application to carry out reclamation of any land forming part of Lake Illawarra, the Council shall consider—

(a) the likely effect of the reclamation on—

(i) the ecology of Lake Illawarra and its riparian and aquatic vegetation,

(ii) the hydrodynamics of the lake,

(iii) the community use and enjoyment of the lake, and

(iv) the amenity of adjoining lands, and

(b) whether the proposals for the disposal of dredged materials are adequate.

(3) The Council shall not grant consent to the carrying out of development of land on the foreshores of Lake Illawarra which is owned or leased by a public authority unless—

(a) the development, by virtue of its scale and character, is consistent with the enjoyment of the lake and its foreshores by the general public, and

(b) the development is such that adequate public access is maintained.

19 Foreshore development

19 Foreshore development

(1) The Council may, by resolution, fix a line (in this clause called a foreshore building line) in respect of any land fronting any bay, river, creek, lake, lagoon, harbour or ocean.

(2) A foreshore building line shall, when fixed in accordance with subclause (1), be marked on a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the Council.

(3) The Council may alter or abolish any foreshore building line fixed in accordance with subclause (1) where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4) The erection of a building is prohibited between a foreshore building line and a bay, river, creek, lake, lagoon, harbour or ocean in respect of which the line is fixed.

20 Sand dune systems

20 Sand dune systems

(1) In deciding whether to grant consent to a development application to carry out development on frontal or dynamic sand dunes other than for beach restoration purposes, the Council shall consider whether—

(a) the development is likely to have a detrimental impact on the sand dune systems,

(b) the development is likely to be detrimentally affected by the natural characteristics of the beach system, including consideration of the potential impacts of climate change including sea level rise, and

(c) public access to the beach will be maintained.

(2) (Repealed)

cl 20: Am 2006 (193), Sch 1 [27] [28]; 2008 (571), Sch 3.194 [6]–[8].

21 Land suitable for future urban use

21 Land suitable for future urban use

In deciding whether to grant consent to a development application to carry out development on land at West Dapto, Marshall Mount or Yallah, the Council shall take into consideration—

(a) whether the proposed development is likely to prejudice the future use of the land for urban purposes, and

(b) if the proposed development is likely to prejudice the future use of the land for urban purposes, whether the benefit to the community of the proposed development, if carried out, is greater than the costs to the community of refusing consent to the development application.

22 Airport buffer area

22 Airport buffer area

In deciding whether to grant consent to a development application to carry out development on land at Yallah, the Council shall have regard to the need to restrict development which may—

(a) be subject to inappropriate noise levels from aircraft using Albion Park Aerodrome,

(b) because of its height, restrict the operation of the airport, or

(c) subject occupants of the land to an unnecessary safety risk.

23 Service corridors

23 Service corridors

(1) This clause applies to land identified on the map as a service corridor.

(2) A person shall only develop land to which this clause applies for a purpose which, in the opinion of the Council, does not conflict with the use of the land to which this clause applies as a service corridor.

24 Extractive industries and mines

24 Extractive industries and mines

(1) In determining an application to carry out development on land for the purposes of an extractive industry or mine, the Council shall take into consideration measures proposed by the applicant—

(a) to reinstate the land,

(b) to remove waste material or refuse,

(c) to secure public safety in the surrounding area, and

(d) to protect the amenity of the neighbourhood.

(2) The Council shall not grant development consent to the carrying out of development for the purposes of a new coal mine, or the expansion of an existing coal mine or other major coal industry, unless it is satisfied that—

(a) there is a proposed environmentally acceptable mode of transport associated with the development which is, or is capable of being, integrated into a comprehensive system for handling all coal movements within the area of the land to which this plan applies, and

(b) if public road haulage is the only feasible mode of transport, it is restricted to the most environmentally acceptable route.

(3) Notwithstanding any other provisions of this plan, development consent is not required for the extraction of coal from within areas held under mining leases as at 1 February 1986 by Metropolitan, South Bulli or Elouera Collieries.

cl 24: Am 17.3.1995.

25 Community use of educational establishments

25 Community use of educational establishments

Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development for any community purpose (including development for the purposes of a meeting room, public hall, public library or recreation facility), whether for the purpose of gain or not, on an allotment of land on which development for the purposes of an educational establishment is carried out.

26 Development in flood prone land

26 Development in flood prone land

(1) Notwithstanding any other provisions of this plan, the Council may refuse consent to the carrying out of any development on flood prone land where, in its opinion, the development may—

(a) be inconsistent with an FRM plan, within the meaning of the Flood Risk Management Manual, or other flood policy adopted by the Council, or

(b) detrimentally increase the potential effect of floods on other land or land uses, or

(c) result, to a substantial degree, in an increased risk to human life, or

(d) be likely to result in additional economic and social cost which could not reasonably be managed by potentially affected persons and the general community, or

(e) adversely affect the environment of the floodplain by causing avoidable erosion, saltation, unnecessary destruction of river bank vegetation, or a reduction in the stability of the river bank.

(2) For the purposes of this clause, the Council may take into consideration the nature of flood hazards, the necessity and the capacity to evacuate persons, and the consequence and suitability of any proposed development.

(3) In this clause—

Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

cl 26: Subst 6.5.1994. Am 15.7.1994. Rep 5.11.1999. Ins 2006 (193), Sch 1 [29]. Am 2008 (571), Sch 3.194 [9]; 2023 (609), Sch 2.28[1] [2].

26A

26A (Repealed)

27 Protection of heritage items and heritage conservation areas

27 Protection of heritage items and heritage conservation areas

(1) When is consent required? The following development may be carried out only with development consent—

(a) demolishing or moving the whole or part of a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c) altering a heritage item by making structural changes to its interior,

(d) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e) erecting a building on, or subdividing, land on which a heritage item is located or that is within a heritage conservation area.

(2) What exceptions are there? Development consent is not required by this clause if—

(a) in the opinion of the consent authority—

(i) the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with paragraph (a) (i) and (ii) and that development consent is not otherwise required by this plan, and

(c) the proposed work or development is described in a conservation management plan which has been endorsed by the Council (in the case of items classified in Part 2 of Schedule 1 as being of regional heritage significance) or the Heritage Council (in the case of items classified in Part 2 of Schedule 1 as being of State heritage significance).

(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance—

(a) the creation of a new grave or monument,

(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) What must be included in assessing a development application? Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

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).

(5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the issues described in subclause (6) (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan.

(6) The minimum number of issues that must be addressed by the heritage impact statement are—

(a) for development that would affect a heritage item—

(i) the heritage significance of the item as part of the environmental heritage of the City of Wollongong, and

(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii) the measures proposed to conserve the heritage significance of the item and its setting, and

(iv) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and

(v) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b) for development that would be carried out in a heritage conservation area—

(i) the heritage significance of the heritage conservation area and the contribution that any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii) the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v) whether any landscape or horticultural features would be affected by the proposed development, and

(vi) whether any archaeological site or potential archaeological site would be affected by the proposed development, and

(vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and

(viii) the issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.

cl 27: Subst 7.1.2000. Am 17.12.2004. Subst 2006 (193), Sch 1 [30]. Am 2008 (571), Sch 3.194 [10].

28

28, 29 (Repealed)

29A Development affecting places or sites of known or potential Aboriginal heritage significance

29A Development affecting places or sites of known or potential Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and take into consideration any comments received in response within 21 days after the notice is sent.

cl 29A: Ins 7.1.2000. Subst 2006 (193), Sch 1 [30]. Am 2008 (571), Sch 3.194 [12].

29B Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

29B Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance

(1) Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2) This clause does not apply if the proposed development—

(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b) is integrated development.

cl 29B: Ins 7.1.2000. Subst 2006 (193), Sch 1 [30]. Am 2008 (571), Sch 3.194 [13].

29C Development in vicinity of a heritage item

29C Development in vicinity of a heritage item

(1) Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.

(2) This clause extends to development—

(a) that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b) that may undermine or otherwise cause physical damage to a heritage item, or

(c) that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.

(3) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

cll 29C: Ins 7.1.2000. Subst 2006 (193), Sch 1 [30].

29D Conservation incentives

29D Conservation incentives

(1) The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if—

(a) it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b) the proposed use is in accordance with a conservation management plan that has been endorsed by the consent authority, and

(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

(2) Nothing in this plan prevents the carrying out of development for the purposes of repair or maintenance for continued use of a functioning industrial heritage item.

cll 29D: Ins 7.1.2000. Subst 2006 (193), Sch 1 [30].

29E Development in heritage conservation areas

29E Development in heritage conservation areas

(1) Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.

(2) In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features)—

(a) the pitch and form of the roof (if any),

(b) the style, size, proportion and position of the openings for windows or doors (if any),

(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

cl 29E: Ins 2006 (193), Sch 1 [30].

30 Services

30 Services

The Council shall not consent to the carrying out of development on any land unless—

(a) a water supply and facilities for the removal or disposal of sewage and facilities for drainage are available to that land, or

(b) arrangements satisfactory to the Council have been made for the provision of that supply and those facilities.

30A Restricted development

30A Restricted development

A person may carry out development on or with respect to land described in Column 1 of Schedule 5, being development specified for that land in Column 2 of that Schedule, only if each condition specified for that development in Column 3 of that Schedule is met.

cl 30A: Ins 29.8.1997.

31 Relocation of main roads

31 Relocation of main roads

(1) (Repealed)

(2) A road or other means of access which forms an intersection with a main road shall not be opened without the consent of the Council.

(3) (Repealed)

cl 31: Am 17.12.2004; 2006 (193), Sch 1 [31]; 2008 (571), Sch 3.194 [14].

32 Consideration of certain applications

32 Consideration of certain applications

(1) The Council shall, in respect of an application to carry out development on land within view of any waterway or adjacent to any main road, railway, public reserve or land zoned as open space, take into consideration the probable aesthetic appearance of the proposed building or work on that land when used for the proposed purpose and viewed from that waterway, main road, railway, public reserve or land zoned for open space.

(2) The Council shall, in respect of an application to carry out development likely to cause increased vehicular traffic on any road in the vicinity of that development, take into consideration—

(a) whether adequate vehicular exits from and entrances to the sites have been provided so that vehicles using those exits and entrances will not endanger persons using those roads,

(b) provision of space on the site or on land adjoining the site, other than a public road, for the parking or standing of such number of vehicles as the Council may determine, and

(c) (Repealed)

(d) whether adequate space has been provided within the site of the building or development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

cl 32: Am 17.12.2004.

33

33 (Repealed)

34 Tree preservation

34 Tree preservation

(1) The Council may, by resolution, make a tree preservation order.

(2) A tree preservation order may prohibit the ring barking, cutting down, topping, lopping, removing, injuring or destruction of any tree (other than where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous) except with the consent of Council.

(3) A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the City of Wollongong or any divisions of that city.

(4) A person shall not contravene, or cause or permit the contravention of a tree preservation order.

(5) The Council shall not grant consent as referred to in subclause (2) unless it has made an assessment of the importance of the tree in relation to—

(a) soil stability and prevention of land degradation,

(b) scenic or environmental amenity, and

(c) vegetation systems and natural wildlife habitats.

(6) This clause does not apply to trees in a State forest or on other Crown-timber lands within the meaning of the Forestry Act 1916, or to trees required to be lopped in accordance with the Electricity Supply (General) Regulation 2001.

cl 34: Am 2006 (193), Sch 1 [32].

35 Acquisition of land within Zone No 9

35 Acquisition of land within Zone No 9

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) The owner of land within Zone No 9 (being land specified in Column 1 of the Table to this clause) may, by notice in writing, require the public authority specified opposite that land in Column 2 of that Table to acquire that land.

(2) On receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.

(3) Until the land referred to in subclause (1) is acquired by the public authority concerned, development for any purpose may, with the consent of the Council, be carried out on that land.

(4) (Repealed)

(5) The Council may, in granting consent, apply conditions requiring—

(a) the removal of the building or work for which it has granted consent,

(b) the reinstatement of the land or removal of any waste materials or refuse, or

(c) compliance with any condition required by the Council,

with or without the payment of compensation by the public authority.

(6) In considering whether to grant consent under subclause (3), the Council must take into consideration—

(a) the effect of the proposed development on the costs of acquisition, and

(b) the imminence of acquisition.

Table

| Column 1 | Column 2 | | Land within Zone No 9 and marked “9 (a)” and “Technical College” on the map | Minister for Education and Training | | Land within Zone No 9 and marked “9 (a)” and “School” on the map | Minister for Education and Training | | Land within Zone No 9 and marked “9 (a)” and “Hospital” on the map | Minister for Health | | Land within Zone No 9 and marked “9 (a)” and “Parking” on the map | The Council | | Land within Zone No 9—Proposed local road and lettered “9 (c)” on the map | The Council | | Land within Zone No 9—Proposed Open Space and lettered “9 (d)” on the map | The Council | | Land within Zone No 9 and marked “9 (a)” and “University Purposes” on the map | University of Wollongong |

cl 35: Am 2008 (571), Sch 3.194 [15]–[19].

cl 35, table: Am 3.1.1992; 2006 (193), Sch 1 [33].

36 Acquisition and development of land reserved for roads

36 Acquisition and development of land reserved for roads

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) The owner of any land within Zone No 9 (being land marked “9 (b)” on the map) may, by notice in writing, require the RTA to acquire the land.

(2) On receipt of such a notice, the RTA must acquire the land if—

(a) the land is vacant, or

(b) the land is not vacant but—

(i) the land is included in a 5 year works program of the RTA current at the time of the receipt of the notice, or

(ii) the RTA has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated as a public road.

(3) A person may, with the consent of the Council, carry out development on land within Zone No 9 (being land marked “9 (b)” on the map)—

(a) for a purpose for which development may be carried out on land in an adjoining zone, or

(b) for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.

(4) (Repealed)

(5) Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.

(6) In this clause—

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences.

cl 36: Am 2008 (571), Sch 3.194 [20]–[23].

37 Development in Zone No 6 (a) or 9

37 Development in Zone No 6 (a) or 9

In deciding whether to grant consent to the carrying out of development on land within Zone No 6 (a) or within Zone No 9 and marked “9 (d)” and “Proposed Open Space” on the map, being land owned or controlled by the Council, the Council must take into consideration the following matters—

(a) the need for the proposed development on the land,

(b) the impact of the proposed development on the existing or likely future use of the land,

(c) the need to retain the land for its existing and likely future use.

37A Classification of land as community land

37A Classification of land as community land

All land within Zone No 6 (a) or within Zone No 9 and marked “9 (d)” and “Proposed Open Space” on the map, being land owned or controlled by the Council, is classified as community land.

cl 37A: Ins 11.2.1994.

37B Classification and reclassification of public land as operational land

37B Classification and reclassification of public land as operational land

(1) The public land described in Schedule 4 has been or is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2) The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 4.

(3) Land described in Part 2 of Schedule 4—

(a) to the extent (if any) that the land is a public reserve, continues to be a public reserve, and

(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(4) Land described in Part 3 of Schedule 4, to the extent (if any) that it is a public reserve, ceased or ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, was or is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except—

(a) those (if any) specified in relation to the land in Part 3 of Schedule 4, and

(b) any reservations that except land out of a Crown grant relating to the land, and

(c) reservation of minerals (within the meaning of the Crown Land Management Act 2016).

(5) In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 4, means the local environmental plan that inserted the description of the land in that Part.

(6) Before the relevant amending plan inserted a description of land into Part 3 of Schedule 4, the Governor approved of subclause (4) applying to the land.

cl 37B: Ins 11.2.1994. Subst 2006 (193), Sch 1 [34]. Am 2019 (621), Sch 2.42.

37C

37C, 37D (Repealed)

38 Development of land within Zone No 3 (e)

38 Development of land within Zone No 3 (e)

(1) This clause applies to land described in Schedule 5A.

(2) Consent must not be granted for development of any land to which this clause applies unless the consent authority has had regard to a master plan for all of the land to which this clause applies that has been approved by the Director-General.

(3) Subdivision of land to which this plan applies is prohibited unless the consent authority is satisfied that the subdivision is for the purpose only of defining the boundaries of lots that are to be the subject of leases.

(4) (Repealed)

cl 38: Am 3.1.1992. Subst 15.7.1994. Am 10.2.1995. Rep 5.11.1999. Ins 16.1.2004. Am 2007 (641), Sch 5.49.

38A Master plan for land within Zone No 3 (e)

38A Master plan for land within Zone No 3 (e)

(1) This clause applies to the land described in Schedule 5A.

(2) In this clause, master plan means a document that describes itself as a master plan and consists of written information, maps and diagrams that comprise a scheme for the future development of the land to which it applies.

(3) A draft master plan or amendment to a master plan for any land may be prepared by, or on behalf of, the owner or lessee of the land or by the Council.

(4) After the preparation of a draft master plan or amendment to a master plan, the Council must cause the master plan—

(a) to be advertised in a newspaper circulating in the locality of the land to which this clause applies, and

(b) to be publicly exhibited for not less than 28 days for comment.

(5)–(7) (Repealed)

(8) When a master plan or amendment to a master plan is adopted, the Council must advertise the adoption of the master plan in a newspaper circulating in the locality of the land to which this clause applies.

(9) A master plan may be replaced by a subsequent master plan.

(10) An amendment to a master plan may be dealt with concurrently with a development application.

(11) A master plan and supporting background studies are to be reviewed as specified in the master plan.

cl 38A: Ins 30.9.1994. Am 5.11.1999. Rep 9.5.2003. Ins 16.1.2004. Am 2021 (716), Sch 1.52[2].

39 Additional development

39 Additional development

Despite the other provisions of this plan, a person may, with the consent of the Council, carry out development on land referred to in Column 1 of Schedule 2 for a purpose specified in Column 2 shown opposite that land, subject to any requirements or limitations specified in Column 3 shown opposite that land being met.

cl 39: Am 28.2.1997.

39A Prohibited development

39A Prohibited development

On land described in Column 1 of Schedule 3A, development for the purpose of a building, work, place or land use specified for that land in Column 2 of that Schedule is prohibited.

cl 39A: Ins 28.2.1997.

39B Connection to reticulated sewerage system—certain land within Zone No 4 (a) fronting Princes Highway, Yallah

39B Connection to reticulated sewerage system—certain land within Zone No 4 (a) fronting Princes Highway, Yallah

(1) This clause applies to so much of Lots 10 and 13, DP 262279 and so much of Lot 2, DP 881749, Princes Highway, Yallah, as is within Zone No 4 (a) and shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 (Amendment No 193)”.

(2) Despite any other provision of this plan, the Council must not grant consent to the carrying out of development on an allotment of land to which this clause applies unless each allotment is connected to the Sydney Water Corporation’s reticulated sewerage system.

cl 39B: Ins 23.2.2001.

40 Suspension of certain laws etc

40 Suspension of certain laws etc

(1) For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any agreement, covenant or instrument which purports to impose restrictions on the carrying out of development on land to which this plan applies, to the extent necessary to serve that purpose, shall not apply to any such development.

(2) Nothing in subclause (1) shall affect the rights or interests of the Council or a public authority under any registered instrument.

(3) Pursuant to section 28 of the Act, before the making of this plan the Governor approved of subclause (1).

41 Savings

41 Savings

(1) Nothing in this plan shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit—

(a) the carrying out of development of any description specified in Schedule 3, or

(b) the use of existing buildings of the Crown by the Crown.

(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 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.

cl 41: Am 2023 (524), Sch 1.1[2]; 2023 (609), Sch 2.28[3].

42 Continued operation of cl 38A to certain development applications

42 Continued operation of cl 38A to certain development applications

Clause 38A, as in force immediately before its repeal by City of Wollongong Local Environmental Plan 1990 (Amendment No 207), continues to have effect in relation to any development application made before that repeal as if that clause had not been repealed.

cl 42: Ins 9.5.2003.

43 Exceptions to development standards

43 Exceptions to development standards

(1) The objectives of this clause are as follows—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(5) (Repealed)

(6) Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (Non-Urban Zone), Zone No 7 (a) (Special Environmental Protection Zone), Zone No 7 (b) (Environmental Protection Conservation Zone), Zone No 7 (c) (Environmental Protection Residential Zone), Zone No 7 (c1) (Environmental Protection Rural Residential Zone) or Zone No 7 (d) (Hacking River Environmental Protection Zone) if—

(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7) (Repealed)

(8) This clause does not allow development consent to be granted for development that would contravene any of the following—

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

cl 43: Ins 2019 (659), Sch 1.38. Am 2023 (524), Sch 1.1[1].

44 Temporary use of land

44 Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that—

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

cll 44: Ins 2019 (659), Sch 2.42[2].

45 Conversion of fire alarms

45 Conversion of fire alarms

(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subclause (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cll 45: Ins 2019 (659), Sch 2.42[2].

46 Standards that cannot be used to refuse consent—playing and performing music

46 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 46: Ins 2020 (724), Sch 3.

47 Canal estate development prohibited

47 Canal estate development prohibited

(1) Canal estate development is prohibited on land to which this Plan applies.

(2) In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 47: Ins 2022 (629), Sch 2[4].

Schedule 1 Items of heritage significance

Schedule 1 Items of heritage significance

(Clause 6 (1))

sch 1: Am 13.5.1994. Subst 7.1.2000. Am 18.5.2001; 1.2.2002; 6.8.2004; 2005 (438), Sch 1 [2]–[37]; 2006 (193), Sch 1 [35]–[38].