Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
This Local Environmental Plan sets the legal rules for land identified on its maps in the Wollongong area. It lists what development needs council consent, prescribes numeric controls (heights, setbacks, floor‑space ratios, parking, landscaping) and imposes requirements for heritage, flood and bushfire risk, aquaculture and intensive livestock.
It affects landowners, developers and the Council: developers bear compliance costs and assessment obligations; the Council is the consent authority, may require heritage/flood assessments and notifications, and must apply state policies and the adopted maps.
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Direct links to the current provisions in Wollongong Local Environmental Plan 2009.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.10[1] [2].
cl 2.6BB: Ins 2010 (162), Sch 1.7 [4].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2010 (162), Sch 1.7 [5]; 2011 (28), Sch 1.10 [1]; 2011 (363), Sch 29 [2]–[29]; 2012 (25), Sch 1 [1]; 2013 (586), cl 4; 2014 No 74, Sch 3.53; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 No 1, Sch 2.42 [1] [2]; 2019 (621), Sch 3; 2021 (193), cl 4(1)–(4); 2022 (72), Sch 1.68[1]; 2022 (629), Sch 3.27[1]; 2022 (857), Sch 1.10[3] (am 2023 (82), Sch 1.6[19] [20]) [4].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU4 Primary Production Small Lots
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
Zone W3 Working Waterways
Zone W4 Working Waterfront
3 Permitted with consent
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Business identification signs; Dwelling houses; Environmental protection works; Extractive industries; Farm buildings; Forestry; Intensive livestock agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside stalls
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Local open space” | Council | | Zone C2 Environmental Conservation and marked “Local road” | Council | | Zone R2 Low Density Residential and marked “Local road” | Council | | Zone R2 Low Density Residential and marked “Classified road” | Transport for NSW | | Zone E1 Local Centre and marked “Local road” | Council | | Zone E2 Commercial Centre and marked “Local road” | Council | | Zone MU1 Mixed Use and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Educational establishment” | Minister for Education and Training | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone RU2 Rural Landscape and marked “Local road” | Council |
Note.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2011 (390), Sch 2 [1]; 2012 (319), Sch 1 [1]–[3]; 2017 (94), cl 5; 2018 (48), Sch 1 [1]; 2020 No 30, Sch 4.119; 2022 (857), Sch 1.10[7] [14] [15] [18].
Part 6 Urban release areas
6.1 (Repealed)
Part 7 Local provisions—general
7.1 Public utility infrastructure
(1) The objective of this clause is to ensure that sufficient infrastructure is available to service development.
(2) Development consent must not be granted for development on land unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(3) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
(4) In this clause—
public utility infrastructure includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
cl 7.1: Am 2010 No 59, Sch 2.110.
Part 8 Local provisions—Wollongong city centre
8.1 Objectives for development in Wollongong city centre
The objectives of this Part and (in so far as it relates to the Wollongong city centre) clause 7.18 are as follows—
(a) to promote the economic revitalisation of the Wollongong city centre,
(b) to strengthen the regional position of the Wollongong city centre as a multifunctional and innovative centre that encourages employment and economic growth,
(c) to protect and enhance the vitality, identity and diversity of the Wollongong city centre,
(d) to promote employment, residential, recreational and tourism opportunities within the Wollongong city centre,
(e) to facilitate the development of building design excellence appropriate to a regional city,
(f) to promote housing choice and housing affordability,
(g) to encourage responsible management, development and conservation of natural and man-made resources and to ensure that the Wollongong city centre achieves sustainable social, economic and environmental outcomes,
(h) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Wollongong city centre for the benefit of present and future generations.
cl 8.1: Am 2014 (433), Sch 1 [2].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2010 (76), Sch 1, cl 8 (3); 2011 (363), Sch 29 [41]; 2012 (25), Sch 1 [4]; 2013 (265), cl 4; 2018 (255), Sch 1 [4] [5]; 2018 (488), Sch 1.2; 2018 (589), cl 4; 2020 (593), cl 4; 2021 (376), cl 4; 2022 (185), Sch 1[2]; 2022 (473), cl 5; 2022 (857), Sch 1.10[8] [26] (am 2023 (82), Sch 1.6[21] [22]); 2023 (458), Sch 2.88; 2025 (82), Sch 3[3]; 2026 (22), Sch 1.
9 Use of certain land at 84A Princes Highway, Maddens Plains
(1) This clause applies to land at 84A Princes Highway, Maddens Plains, being Lot A, DP 408911.
(2) Development for the purposes of an educational establishment is permitted with development consent.
10 Use of certain land at North Marshall Mount Road, Marshall Mount
(1) This clause applies to land at North Marshall Mount Road, Marshall Mount, being Lots 1–3, DP 852180.
(2) Development for the purposes of the subdivision of the land into 6 lots, and the erection of a dwelling house on each lot is permitted with development consent.
11 Use of certain land at Kirkwood Place, Mount Kembla
(1) This clause applies to land at 1 Kirkwood Place, Mount Kembla, being Lot 2, DP 206691.
(2) Development for the purposes of a dwelling house is permitted with development consent.
12 Use of certain land at Lawrence Hargrave Drive, Scarborough
(1) This clause applies to land at Lawrence Hargrave Drive, Scarborough, being Lot 1, Section 4, DP 1659, Lot 1, DP 982323 and Lot 1, Section A, DP 2693.
(2) Development for the purposes of hotel or motel accommodation, a pub and a restaurant or cafe is permitted with development consent.
13 Use of certain land at Hawthorn Street, Tarrawanna
(1) This clause applies to land at Hawthorn Street, Tarrawanna, being Lot 2, DP 793302.
(2) Development for the purposes of a dwelling house is permitted with development consent.
14 Use of certain land at Princes Highway, Thirroul
(1) This clause applies to land at 57 Princes Highway, Thirroul, being Lot 1, DP 998258.
(2) Development for the purposes of a dwelling house is permitted with development consent.
15 Use of certain land at Carr Street, Towradgi
(1) This clause applies to land at 12 Carr Street, Towradgi, being Lot 6, DP 749492.
(2) Development for the purposes of the subdivision of the land in Zone R2 Low Density Residential into 3 lots, and the erection of 2 single storey dwelling houses, is permitted with development consent.
16 Use of certain land at Central Road and Albert Street, Unanderra
(1) This clause applies to land at 23A Central Road, Unanderra, being Lot 20, DP 774581 and land at 1 Albert Street, Unanderra, being Lot 21, DP 774581.
(2) Development for the purposes of business premises is permitted with development consent.
17 Use of certain land at Lady Penrhyn Drive, Unanderra
(1) This clause applies to land at 30–40 Lady Penrhyn Drive, Unanderra, being Lot 1, DP 815554.
(2) Development for the purposes of a correctional centre is permitted with development consent.
18 Use of certain land at Crown Street, Wollongong
(1) This clause applies to land at 9–11 Crown Street, Wollongong, being Lot 101, DP 872951 and Lots 1, 6 and 7, DP 1091530.
(2) Development for the purposes of commercial premises, markets or shops is permitted with development consent, but only if the development is part of the entertainment centre complex.
19 Use of certain land at Crown Street and Harbour Street, Wollongong
(1) This clause applies to land at Crown Street and Harbour Street, Wollongong, being Part Lot 143 and Part Lot 144, DP 786508 as shown edged heavy black on the map marked “City of Wollongong Local Environmental Plan 1990 Amendment No 2”.
(2) Development for the purposes of office premises and retail premises is permitted with development consent.
20 Use of certain land at Ross Street, Wollongong
(1) This clause applies to land at 1 Ross Street, Wollongong, being Lots 101–106, DP 1125366.
(2) Development for the purposes of a hospital is permitted with development consent.
21 Use of certain land at Wollongong and North Wollongong
(1) This clause applies to land at 1–82A Cliff Road and 2 Georges Place, Wollongong and 1–13 Bourke St, North Wollongong being Lots 1, 2 and 3, DP 17709; Part Lot 1, DP 434751; Lot 2, DP 1059775; Part Lot 2, DP 337677; Part Lot B, DP 367260; Lot 1, DP 883351; Lot 101, DP 1021913; Part Lot D, DP 155466; Lot 21, DP 1032058; Lot 22, DP 1047028; Lots 1 and 2, DP 534773; Lot 1, DP 629931; Lot 4, DP 546014; Lot 78, DP 1097836; Lot 7, DP 565904; Lot 1, DP 87310; Lot 30, DP 511757; Lot 1, DP 112803; Lot 19, DP 550947; Lot 1, DP 603683; Lot 40, DP 1084880; Lot 1, DP 231198; Lot 2, DP 150830; Lot 1, DP 612629; Lot 1, DP 714625; Lot 3, DP 1106063; Lot 20, DP 607507; Lot 20, DP 607507 and Lot 19, DP 996430.
(2) Development for the purposes of a restaurant or cafe is permitted with development consent, but only if the restaurant or cafe is located on the ground floor.
(3) Development for the purposes of hotel or motel accommodation and serviced apartments is permitted with development consent.
22 Use of certain land at Princes Highway, Yallah
(1) This clause applies to land at Princes Highway, Yallah, being Lot 1, DP 156657.
(2) Development for the purposes of a place of public worship is permitted with development consent.
23 Use of certain land at Bong Bong Road, Huntley
(1) This clause applies to land at Bong Bong Road, Huntley, being Lot 1, DP 618764.
(2) Development for the purposes of a recreation facility (outdoor) for a shooting range is permitted with development consent.
24 Use of certain land at 54 Marshall Mount Road, Avondale
(1) This clause applies to land at 54 Marshall Mount Road, Avondale, being Lot 4, DP 608205.
(2) Development for the purpose of a camping ground is permitted with development consent, but only if the consent authority is satisfied that the development will not have a significant adverse environmental impact.
25 Use of certain land at Beaton Park, Gwynneville
(1) This clause applies to land at 37 Foley Street, Gwynneville, being Lot 113, DP 788462, Lot 104, DP 594259 and Lot 401, DP 1128781.
(2) Development for the purposes of a medical centre is permitted with development consent.
(3) Development for the purposes of a health services facility is permitted with development consent if the development is limited to development for the purposes of a community health service facility.
26 Use of certain land at Beaton Park, Gwynneville
(1) This clause applies to land at 37 Foley Street, Gwynneville, being Lot 113, DP 788462.
(2) Development for the purposes of a registered club is permitted with development consent.
27 Use of certain land at Murphys Avenue, Keiraville
(1) This clause applies to land at Murphys Avenue, Keiraville, being Lot 3, DP 252694.
(2) Development for the purposes of a function centre is permitted with development consent.
28 Use of certain land at Yenda Avenue, Bulli
(1) This clause applies to Lot 105, DP 264639, 4 Yenda Avenue, Bulli.
(2) Development for the purposes of centre-based child care facilities is permitted with development consent.
29 Use of certain land at Railway Street, Corrimal
(1) This clause applies to land identified as “29” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) business premises,
(b) neighbourhood shops with a maximum gross floor area of 150m2,
(c) food and drink premises with a maximum gross floor area of 250m2,
(d) neighbourhood supermarkets with a maximum gross floor area of 500m2.
(3) However, development consent must not be granted unless—
(a) the development is at ground level (existing), and
(b) the total gross floor area of the development does not exceed 2,000m2.
30 Use of certain land north of Darkes Forest Road, Darkes Forest
(1) This clause applies to part of Lot 86, DP 752054, 117 Darkes Forest Road, Darkes Forest, shown as “30” on the Additional Permitted Uses Map.
(2) Development for the purposes of artisan food and drink industries is permitted with development consent.
31 Use of certain land south of Darkes Forest Road, Darkes Forest
(1) This clause applies to part of Lot 86, DP 752054, 117 Darkes Forest Road, Darkes Forest, shown as “31” on the Additional Permitted Uses Map.
(2) Development for the purposes of water recycling facilities is permitted with development consent.
32 Use of certain land at Flinders Street, North Wollongong
(1) This clause applies to certain land at Flinders Street, North Wollongong identified as “32” on the Additional Permitted Uses Map.
(2) Development for the purposes of serviced apartments is permitted with development consent.
33 Use of certain land in Zone E1
(1) This clause applies to certain land in Zone E1 Local Centre identified as “33” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings or self-storage units is permitted with development consent.
34 Use of certain land in Zone E3
(1) This clause applies to certain land in Zone E3 Productivity Support identified as “34” on the Additional Permitted Uses Map.
(2) Development for the purposes of shop top housing is permitted with development consent.
35 Use of certain land at Darkes Forest Road, Darkes Forest
(1) This clause applies to the following land at Darkes Forest Road, Darkes Forest—
(a) Lot 56, DP 664571,
(b) Lot 66, DP 752054.
(2) Development for the following purposes is permitted with development consent—
(a) farm experience premises,
(b) for Lot 66, DP 752054—farm gate premises.
36 Use of certain land in Zone E2
(1) This clause applies to land in Zone E2 Commercial Centre identified as “36” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential flat buildings is permitted with development consent.
37 Use of certain land at 190 Military Road, Port Kembla
(1) This clause applies to Lot 1, Section 5, DP 978082, 190 Military Road, Port Kembla.
(2) Development for the purposes of restaurants or cafes is permitted with development consent if the gross floor area of the restaurant or cafe does not exceed 150m2.
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2010 (162), Sch 1.7 [10]; 2015 (349), cl 4; 2022 (857), Sch 1.10[27]–[32]; 2026 (44), Sch 1.
Advertisements—general requirements
(1) Must be non-moving.
(2) Must be at least 600mm from any public road.
(3) Must be at least 2.6m above any public footpath.
(4) Must relate to the lawful use of the building (except for temporary signs).
(5) Must be within the boundary of the property to which it applies, unless in an employment or mixed use zone or Zone W4 Working Waterfront.
(6) Must reflect the character and style of any building to which it is attached.
(7) Must not be detrimental to the character and functioning of the building.
(8) Must not be on walls facing or adjoining residential premises.
(9) Must not be an “A” frame sign.
(10) Must have the consent of the owner of the property on which the sign is located.
Advertisements—business identification signs for businesses other than brothels in Zone E1, E2, E3 or MU1
(1) Underawning sign Sign attached to the underside of an awning other than a fascia or return end—
(a) must meet the general requirements for advertisements, and
(b) 1 sign per ground floor premises with street frontage, and
(c) maximum length—2.5m, and
(d) maximum height—0.5m, and
(e) must not be flashing.
(2) Projecting wall sign (excluding underawning signs) Sign attached to the wall of a building (other than the transom of a doorway or display window) and projecting more than 300mm—
(a) must meet the general requirements for advertisements, and
(b) 1 sign per premises or 1 per street frontage, whichever is the greater, and
(c) maximum projection—1.5m, and
(d) maximum area—1.5m2, and
(e) must not be flashing.
(3) Flush wall sign Sign attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm—
(a) must meet the general requirements for advertisements, and
(b) maximum area—2.5m2, and
(c) must not be flashing.
(4) Top hamper sign Sign attached to the transom of a doorway or display window of a building—
(a) must meet the general requirements for advertisements, and
(b) maximum area—2.5m2, and
(c) must not be flashing.
(5) Fascia signs Sign attached to the fascia or return of the awning—
(a) must meet the general requirements for advertisements, and
(b) 1 sign per premises, and
(c) must not project above or below, or more than 300mm from, the fascia or return end of the awning to which it is attached, and
(d) must not be flashing.
Advertisements—business identification signs for businesses other than brothels in Zone E4, E5 or W4
(1) Must meet the general requirements for advertisements.
(2) 1 pole or pylon sign per premises (including any directory board for multiple occupancies).
(3) Maximum height—5m.
(4) Must be within 5m of any public entry point to the premises.
(5) Must not obstruct the sight line of vehicle or pedestrian traffic.
(6) For multiple occupancy premises, 1 additional business identification sign is permitted at the entrance to each occupied unit, maximum area—1.2m2.
(7) For single occupancy premises, 1 additional business identification sign is permitted, maximum area—50m2 or 1m2 per 3m of street frontage, whichever is the lesser.
Advertisements—business identification signs in residential zones
(1) Must meet the general requirements for advertisements.
(2) 1 sign per premises.
(3) Maximum area—0.75m2.
(4) If a pole or pylon sign, maximum height—2m.
(5) Must not be illuminated or flashing.
Advertisements—business identification signs in rural zones
(1) Must meet the general requirements for advertisements.
(2) 1 sign per premises.
(3) Maximum area—0.75m2 (except if a pole or pylon sign).
(4) If a pole or pylon sign, maximum area—2m2 and maximum height—2m.
(5) Must not be illuminated or flashing.
Advertisements—public notices displayed by public body giving information or direction about services provided
(1) Must meet the general requirements for advertisements.
(2) Maximum height—5m.
(3) Maximum area—5m2.
(4) Must not obstruct the sight line of vehicle or pedestrian traffic.
(5) Must not be flashing.
Advertisements—real estate signs (advertising land development)
(1) Must meet the general requirements for advertisements.
(2) Maximum area—6m2 for each 25 lots being advertised.
Advertisements—real estate signs (advertising premises or land for sale or rent) in employment or mixed use zones or Zone W4
(1) Must meet the general requirements for advertisements.
(2) Maximum area—4.5m2.
(3) Must be within the boundary of the advertised property.
(4) Must not be flashing.
(5) Must be removed within 14 days after the premises or land is sold or let.
Advertisements—real estate signs (advertising premises or land for sale or rent) in residential or rural zones
(1) Must meet the general requirements for advertisements.
(2) Maximum area—2.5m2.
(3) Must not be flashing.
(4) Must be removed within 14 days after the premises or land is sold or let.
Advertisements—signs behind glass line of shop window in Zone E1, E2, E3, E4 or MU1 (other than in brothels)
(1) Must meet the general requirements for advertisements.
(2) Must not occupy more than 25% of the area of the window.
(3) Must not be flashing.
Advertisements—temporary signs for religious, cultural, social or recreational events
(1) Must meet the general requirements for advertisements.
(2) 1 per street frontage.
(3) Maximum area—1.5m2 and maximum height—1.5m in residential and rural zones.
(4) Maximum area—3.5m2 and maximum height—2m in employment and mixed use zones and Zone W4 Working Waterfront.
(5) Must not include commercial advertising apart from name of event sponsor.
(6) Must not be displayed earlier than 28 days before, or later than 14 days after, the event.
(7) Must not be used in relation to recurring events.
(8) Must not be flashing.
Advertisements—in site, but not visible from outside of site (other than in brothels)
Must meet the general requirements for advertisements.
Outdoor dining (associated with food and drink premises)
(1) Must be on community land, operational land or a Crown reserve.
(2) Must be associated with an adjacent food and drink premises for which development consent has been granted.
Temporary events—commercial and community
(1) Must take place on the following—
(a) land owned by the Council or over which the Council has care, control and management,
(b) a public road for which the Council is the roads authority under the Roads Act 1993.
(2) If the Council has granted a leasing or licensing agreement, the development must be carried out in accordance with the agreement.
(3) If a plan of management under the Local Government Act 1993 or the Crown Land Management Act 2016 applies to the land or public road, the development must comply with the plan.
(4) If located on one of the following lands, the development must have in place a risk assessment and emergency management plan—
(a) bush fire prone land,
(b) flood prone land.
(5) The risk assessment and emergency management plan for events on bush fire prone land must include an assessment that—
(a) addresses the considerations set out in Planning for Bush Fire Protection, published by the NSW Rural Fire Service in November 2019, in relation to outdoor events in bush fire prone areas, and
(b) is prepared by a Bushfire Planning and Design accredited practitioner, and
(c) is approved by the Council, and
(d) for events held during the bush fire danger period or a total fire ban or on a day of an elevated fire danger rating—includes a requirement to consult with the local NSW Rural Fire Service district manager.
(6) Must not result in the following—
(a) site excavations,
(b) adverse impact on native flora, fauna and their habitats,
(c) permanent physical change to the land on which the use occurs,
(d) an alteration of or an addition to a heritage site that may damage the heritage site.
(7) If the development involves an alteration of or addition to a heritage site, the heritage site must be restored to the condition it was in before the temporary event.
(8) In this clause—
heritage site means the following—
(a) a heritage item,
(b) an Aboriginal object,
(c) an Aboriginal place of heritage significance.
temporary event means a concert, fair, festival, gathering, market, performance, sporting event or other event that—
(a) is open to the public or a section of the public, and
(b) does not involve overnight camping or accommodation.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2010 (162), Sch 1.7 [11]; 2011 (363), Sch 29 [42]; 2022 (857), Sch 1.10[33].
Alterations and additions to industrial and warehouse buildings in Zone E4, E5 or W4
(1) Must not be on lots that are adjacent to land in residential or recreation zones.
(2) Must not involve change to the use of the premises.
(3) Maximum additional floor area—1,000m2 or 25% of existing floor area (whichever is the lesser).
(4) Maximum floor space ratio—1:1.
(5) Maximum height of any structure—8.5m.
(6) Minimum setback for any structure—
(a) from an arterial road (or arterial road widening)—20m, or
(b) from a local road (or local road widening)—10m, or
(c) from other boundaries—5m.
(7) Minimum setback for any paved area wider than 1.5m—
(a) from an arterial road (or arterial road widening)—5m, or
(b) from a local road (or local road widening)—5m, or
(c) from other boundaries—3.5m.
(8) Must have at least 1 window opening, door opening or other wall variation of more than 50mm for every 20m of wall length facing the front boundary.
(9) Earthworks must not extend more than—
(a) 900mm above ground level (existing), or
(b) 600mm below ground level (existing).
(10) Any roof or surface drainage area must have a drainage system that—
(a) captures the roof or surface water, and
(b) discharges that water into the inter-allotment or street stormwater drainage system, and
(c) limits the rate of discharge into Council’s kerb and gutter to less than 20L per second without using on-site detention systems, and
(d) caters for a 1 in 20 year storm event and directs excess water over land to the street.
(11) Must provide and maintain, adjacent to any street, a landscaped area with a minimum width of 5m that is designed by a suitably qualified landscape architect and that has mounding to a height of at least 600mm along the majority of any frontage to an arterial road.
(12) Must ensure that there are in each landscaped area at least 3 trees (that grow to a mature height of over 5m), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(13) Must provide a landscaped bay with a minimum width of 1.5m containing at least 1 tree, at the end of at least every 10 car parking spaces in the front setback.
(14) Must provide at least 1 car parking space for every 40m2 of gross floor area of any building used for the purpose of office premises and at least 1 car parking space for every 70m2 of gross floor of any building used for any other purpose.
(15) Must not reduce any vehicle loading area or remove any such area.
(16) Must not change the location or number of driveway entries onto the property.
(17) Driveways must—
(a) be at least 10m from any road intersection, and
(b) be no wider than 7m crossing any landscaped strip to the front street or a side street, and
(c) permit all vehicles to enter and exit the site in a forward direction.
(18) Must locate garbage and storage areas behind the building line for each street frontage.
Dwelling houses in Zone R5 Large Lot Residential
(1) Must be the construction of a dwelling house including any ancillary development related to that house (such as garages, awnings or swimming pools).
(2) Must be entirely in Zone R5 Large Lot Residential.
(3) The property must have a street frontage width of at least 20m and an area of at least 2,500m2.
(4) Maximum floor space ratio—0.1:1.
(5) The setback from the front property boundary—
(a) to the front wall of the dwelling house closest to the street must be between 12m and 25m, and
(b) to any other front walls of the dwelling house that are over 2m wide must be between 4.5m and 8m.
(6) Maximum width of the dwelling (not including ancillary components)—20m.
(7) Maximum depth of the dwelling (not including ancillary components)—20m.
(8) Minimum setback from the rear property boundary to the rear walls of the dwelling—12m.
(9) Minimum setback from side property boundaries to the walls of the dwelling—5m.
(10) Maximum height of any structure (other than a structure that is exempt development)—8.5m.
(11) Maximum height of a single storey structure (other than a structure that is exempt development)—5m.
(12) Maximum number of storeys—2.
(13) Maximum height of the ground floor level—800mm above ground level (existing).
(14) Maximum height of any raised platform (associated with a deck, retaining wall, fill or otherwise) behind the front setback—800mm but if within 3m of any property boundary—300mm.
(15) Earthworks must not extend more than—
(a) 300mm above ground level (existing), or
(b) 500mm above ground level (existing) if retained behind an edge beam wall of the dwelling, or
(c) 500mm below ground level (existing).
(16) Maximum depth of any second storey balcony—3m.
(17) Any second storey balcony must be at least 10m from the rear property boundary.
(18) Maximum height between a floor and the ceiling above—4.5m.
(19) Minimum height between a floor in a habitable area and the ceiling above—2.4m.
(20) Materials, colours and finishes must be visually compatible with those existing in the surrounding area.
(21) Must provide and maintain, on the rear half of the property, private open space of at least 300m2 with a minimum width of 6m.
(22) Must provide and maintain, on the rear half of the property, a soft landscaped area of at least 100m2 with a minimum width of 5m that has no hard paved surface other than garden edging, retaining structure or similar.
(23) Must provide and maintain, on the front setback, a soft landscaped area of at least 15m2 with a minimum width of 2.5m that has no hard paved surface other than garden edging, retaining structure or similar.
(24) Must ensure that there are at least 3 trees (that grow to a mature height of over 5m and are not exempt trees), 6 shrubs (that grow to a mature height of over 1.5m) and 20 smaller plants.
(25) Must provide and maintain at least 2 car parking spaces, 1 that is behind the building line and is at least 3m wide and 5.5m long (that must be covered) and 1 that is at least 2.5m wide and 5.5m long (that may be covered, but only if behind the building line).
(26) Maximum width of any garage or carport (including walls)—7m (unless entirely behind the dwelling).
(27) Any garage or carport must be set back at least 1m behind the front wall of the dwelling closest to the street.
(28) Maximum width of driveways at the property boundary—6m.
(29) Minimum distance of driveways from any road intersection—6m.
(30) Driveways outside the property boundary must be constructed at right angles to the kerb and guttering and must be at least 500mm from any telegraph pole, street furniture or drainage structure.
(31) Any covered outdoor area (including awnings, pergolas, gazebos, verandahs, entry foyers or similar) must be open for at least 50% of its perimeter between 1m and 2m above the inside floor level.
(32) Any structure with a roof area of more than 10m2 must have guttering and downpipes that capture the water from the roofed area and discharge that water—
(a) into the inter-allotment or street stormwater drainage system, or
(b) into rainwater tanks that discharge any overflow into any such stormwater system.
(33) Maximum area of any swimming pool or spa pool—50m2.
(34) Any swimming pool or spa pool—
(a) must be behind the dwelling, and
(b) must be at least 1.2m from any side or rear property boundary, and
(c) must be at least 4m from the principal access point to the main living areas of the dwelling, and
(d) must be surrounded by a graded surface that diverts water away from the pool, buildings and neighbouring properties.
(35) Maximum height of any coping or decking around a swimming pool or spa pool—900mm above ground level (natural) or if within 3m of any side or rear property boundary—400mm above ground level (natural).
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2010 (461), Sch 1 [1] [2]; 2010 (641), Sch 1; 2010 (712), Sch 1; 2012 (208), Sch 1 [1]–[3]; 2013 (641), Sch 1 [1]; 2021 (112), Sch 1[1][2]; 2024 (191), Sch 1.
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2011 (390), Sch 2 [2]; 2012 (25), Sch 1 [5] [6]; 2014 (351), Sch 1 [5]; 2015 (764), cl 5; 2018 (33), cl 5; 2018 (255), Sch 1 [6]; 2019 (147), cl 5; 2020 (548), cl 5; 2021 (192), Sch 1[1]–[258]; 2022 (459), Sch 1; 2023 (259), cl 5(2); 2023 (661), Sch 1; 2024 (73), Sch 1.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Wollongong Local Environmental Plan 2009.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.1A (Repealed)
cl 1.1A: Rep 2010 (162), Sch 1.7 [1].
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Wollongong in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide a framework for land use management,
(b) to encourage economic and business development to increase employment opportunities,
(c) to encourage a range of housing choices consistent with the capacity of the land,
(d) to improve the quality of life and the social well-being and amenity of residents, business operators, workers and visitors,
(e) to conserve and enhance remnant terrestrial, aquatic and riparian habitats, native vegetation and fauna species,
(f) to conserve and enhance heritage,
(g) to ensure that development is consistent with the constraints of the land and can be appropriately serviced by infrastructure,
(h) to ensure that significant landscapes are conserved, including the Illawarra Escarpment, Lake Illawarra, the drinking water catchment and the coastline.
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
cl 1.3: Am 2014 (351), Sch 1 [1].
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
(a) Illawarra Planning Scheme Ordinance,
(b) Wollongong City Centre Local Environmental Plan 2007,
(c) Wollongong Local Environmental Plan (West Dapto) 2010.
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
cl 1.8: Am 2010 (162), Sch 1.7 [2] [3]; 2014 (351), Sch 1 [2].
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not finally been determined before that commencement, the application must be determined as if this Plan had not commenced.
(2) A development application made (but not finally determined) before the commencement of Wollongong Local Environmental Plan 2009 (Amendment No 19) is to be determined as if that Plan had not been made.
(3) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Am 2015 (280), cl 5 (1); 2023 (609), Sch 1.1[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
(2A) State Environmental Planning Policy No 71—Coastal Protection does not apply to land within the Wollongong city centre.
cl 1.9: Am 2016 (310), Sch 4.39.
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act, or
(h) to any land vested in the Lake Illawarra Authority under the Lake Illawarra Authority Act 1987.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2011 (363), Sch 29 [1]; 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
W3 Working Waterways
W4 Working Waterfront
cl 2.1: Am 2022 (857), Sch 1.10[1] [2].
cl 2.6BB: Ins 2010 (162), Sch 1.7 [4].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
2.6A, 2.6B (Repealed)
cll 2.6A, 2.6B: Rep 2010 (162), Sch 1.7 [1].
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 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) Desp
This is an opening excerpt, not the complete document.