Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
Mechanically, this Plan replaces earlier local LEPs for Woollahra and sets the zoning maps, development standards and site‑specific permissions that the Council will apply when deciding development applications. Its stated aims include managing growth, conserving heritage and tree canopy, promoting design quality and allocating land uses. The rules change what owners and developers may build (including floor‑space, height and permitted uses), introduce design review and DCP preconditions, and suspend some restrictive covenants to enable development.
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Direct links to the current provisions in Woollahra Local Environmental Plan 2014.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
cl 2.1: Am 2022 (857), Sch 1.11[1].
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 2017 (493), Sch 1.1 [1] [2]; 2019 (621), Sch 3; 2022 (857), Sch 1.11[2] (am 2023 (82), Sch 1.6[23]); 2023 (396), Sch 1[7] [8].
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone E1 Local Centre
Zone MU1 Mixed Use
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
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Business premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Group homes; Home occupations (sex services); Information and education facilities; Office premises; Oyster aquaculture; Pond-based aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Secondary dwellings; Semi-detached dwellings; Shops; Tank-based aquaculture
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone R2 Low Density Residential and marked “Classified road” | Transport for NSW | | Zone E1 Local Centre and marked “Local road widening” | Council | | Zone MU1 Mixed Use and marked “Classified road” | Transport for NSW |
(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 2020 No 30, Sch 4.120; 2022 (857), Sch 1.11[5] [6].
Part 6 Additional local provisions
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2015 (179), cl 4; 2017 (426), cl 4; 2018 (256), cl 5; 2025 (378), Sch 1[2].
7 Use of certain land at 400 Glenmore Road, Paddington
(1) This clause applies to land at 400 Glenmore Road, Paddington, being SP 39751 and SP 68357.
(2) Development for the purpose of serviced apartments is permitted with development consent.
8 Use of certain land at 25 Hampden Street, Paddington
(1) This clause applies to land at 25 Hampden Street, Paddington, being Lots 102–106, DP 1783.
(2) Development for the purpose of a warehouse or distribution centre is permitted with development consent.
9 Use of certain land at 13–21 Macdonald Street, Paddington
(1) This clause applies to land at 13–21 Macdonald Street, Paddington, being SP 62412.
(2) Development for the purpose of a commercial premises is permitted with development consent, but only as part of a mixed use development.
10 Use of certain land at 9 Marine Parade, Watsons Bay
(1) This clause applies to land at 9 Marine Parade, Watsons Bay, being Lot 1, DP 975647 and Lot 4, DP 975647.
(2) Development for the purpose of a function centre is permitted with development consent.
11 Use of certain land at 3 Military Road, Watsons Bay
(1) This clause applies to land at 3 Military Road, Watsons Bay, being Lot 1, DP 75686.
(2) Development for the purpose of a restaurant or cafe is permitted with development consent.
12 Use of certain land at 11 Ocean Street, Woollahra
(1) This clause applies to land at 11 Ocean Street, Woollahra, being Lot 2, DP 189813.
(2) Development for the purpose of a place of public worship is permitted with development consent but only if the consent authority is satisfied that the activities proposed—
(a) will only have a minimal environmental impact, and
(b) are ancillary to and associated with Emanuel Synagogue at 7–9 Ocean Street, Woollahra.
13 Use of certain land at 63–65 Ocean Street, Woollahra
(1) This clause applies to land at 63–65 Ocean Street, Woollahra, being Lot 1, DP 83028.
(2) Development for the purpose of a function centre is permitted with development consent.
14 Use of certain land at 39 Vernon Street, Woollahra
(1) This clause applies to land at 39 Vernon Street, Woollahra, being Lot 1, DP 90999 and Lot 1, DP 729315.
(2) Development for the purpose of a service station is permitted with development consent.
15 Use of certain land at 636 and 638–646 New South Head Road, Rose Bay
(1) This clause applies to land at 636 and 638–646 New South Head Road, Rose Bay, being SP 22533 and Lot A, DP 393087, respectively.
(2) Development for the purpose of a residential flat building is permitted with development consent, but only if the building is part of a mixed use development.
16 Use of certain land at 16–18 Dover Road, Rose Bay
(1) This clause applies to land at 16–18 Dover Road, Rose Bay, being Lots 7 and 8, DP 79286.
(2) Development for the purpose of a residential flat building is permitted with development consent, but only if the building is part of a mixed use development.
17 Use of land at 30 Albemarle Avenue, Rose Bay
(1) This clause applies to Lot 30, Section B, DP 4567, 30 Albemarle Avenue, Rose Bay.
(2) Development for the purposes of shop top housing is permitted with development consent if the consent authority is satisfied that the development will be carried out in conjunction with development on Lot 1, DP 1009799, 488–492 Old South Head Road, Rose Bay.
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 2015 (296), Sch 1 [2]; 2022 (288), cl 4; 2022 (857), Sch 1.11[9].
Display of goods on footways
(1) Must be associated with an approved commercial use on the adjoining land.
(2) Must be on a public road within the meaning of the Roads Act 1993.
(3) Must have a current approval under item 2 of Part E of the Table to section 68 of the Local Government Act 1993.
Signage—building identification signs and wall signs (including painted wall signs) in heritage conservation areas or on heritage items (general requirements)
(1) Must be affixed to buildings that have been lawfully constructed and must relate to the uses that have been lawfully established.
(2) Must not extend over any architectural decorative feature on the building or structure.
(3) Must not use primary colours as background colours.
(4) Must not be fixed directly to sandstone or face brickwork (but, may be fixed to the mortar joints).
(5) Must not demolish any part of the building or structure to accommodate the sign.
(6) Must not be animated, flashing, illuminated or moving.
(7) Must not cover mechanical ventilation or outlets.
(8) Must be of a professional standard, structurally and in its finish, and be installed in accordance with the manufacturer’s specifications, if applicable.
(9) Must be securely fixed to the building in accordance with—
(a) AS/NZS 1170.0:2002, Structural design actions, Part 0:General principles, and
(b) AS/NZS 1170.2:2011, Structural design actions, Part 2:Wind actions.
Signage—building identification signs in heritage conservation areas or on heritage items
(1) Must meet the general requirements for such signs.
(2) Must only be constructed or installed in an employment zone or on commercial premises in a residential zone.
(3) Maximum 1 sign displayed on each street frontage.
(4) Maximum area—2.5m2.
(5) Must be mounted flat against an exterior wall or parapet and not protrude more than 300mm from the face of the wall or parapet.
(6) Must not be higher than—
(a) the parapet or eaves of the building, or
(b) 15m above ground level (existing),
whichever is the lower.
(7) Must only contain the building name and street number.
(8) Must not cover any door or window.
Signage—bus shelter advertising
(1) Must not extend beyond the perimeter of the bus shelter.
(2) Must not contain flashing or neon signage.
(3) Must not be located on land that comprises a heritage item.
(4) Must not be located on land within a heritage conservation area, excluding shelters with a frontage on the following—
(a) New South Head Road,
(b) Ocean Street,
(c) Old South Head Road,
(d) Oxford Street.
(5) Must not be located on a heritage style bus shelter.
(6) Must be erected by or on behalf of the Council.
Signage—wall signs (including painted wall signs) in heritage conservation areas or on heritage items
(1) Must meet the general requirements for such signs.
(2) Must only be constructed or installed in an employment zone or on commercial premises in a residential zone.
(3) Must not be constructed or installed on a heritage item or draft heritage item.
(4) Maximum 1 sign per building.
(5) Maximum area—2.5m2.
(6) Must not protrude more than 150mm from the face of a wall.
(7) Must only contain the following—
(a) the name and general nature of the business,
(b) the street number,
(c) the name of the proprietor or business (or both),
(d) one trademark or trade name (or both) of one commodity sold on the premises,
(e) one commodity sold on the premises.
(8) If a painted sign—must not be applied to any original face brickwork, sandstone, terracotta or glazed or tessellated tiling that is traditionally unpainted or unfinished by other mediums.
Temporary use of council land
Note.
If on community land, the use may need to be approved under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.
If on a public road, the use may need to be approved under section 138 of the Roads Act 1993.
(1) Must be of land owned by, or under the care or control of, the Council.
(2) Must not be used for more than 52 days (whether or not consecutive) in any 12-month period.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2015 No 58, Sch 2.29; 2016 (587), cl 5; 2016 (792), cl 5; 2019 (210), cl 5; 2019 (448), cl 5; 2020 (14), cl 5; 2020 (75), cl 5; 2020 (144), cl 4; 2020 (769), cl 5; 2020 (790), cl 5; 2020 (791), Sch 1; 2021 (6), cl 5; 2021 (56), cl 5; 2021 (227), Sch 1; 2021 (228), cl 5; 2022 (6), cl 5; 2022 (615), cl 5; 2022 (666), cl 5; 2022 (854), cl 5; 2023 (131), cl 5; 2023 (390), Sch 1; 2023 (424), Sch 1[1]–[4]; 2024 (84), Sch 1; 2024 (175), Sch 1; 2024 (276), Sch 1; 2024 (312), Sch 1; 2024 (313), Sch 1; 2025 (111), Sch 1; 2025 (293), Sch 1[1] [2].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Woollahra Local Environmental Plan 2014.
1.1AA Commencement
This Plan commences 4 months after it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Woollahra 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 ensure that growth occurs in a planned and co-ordinated way,
(b) to promote the management, development, conservation and economic use of property,
(c) to provide for an appropriate balance and distribution of land for commercial, retail, residential and tourist development and for recreation, open space, entertainment and community facilities,
(d) to provide greater population densities in and around centres that are well serviced by public transport,
(e) to facilitate opportunities, in suitable locations, for diversity in dwelling density and type,
(f) to conserve and enhance built and natural environmental heritage,
(g) to protect and enhance amenity and the natural environment,
(h) to minimise and manage stormwater and flooding impacts,
(i) to protect and promote public access to and along the foreshores,
(j) to promote a high standard of design in the private and public domain,
(k) to minimise and manage traffic and parking impacts,
(l) to ensure development achieves the desired future character of the area,
(m) to minimise excavation and manage impacts, including the potential impact of construction dewatering,
(n) to encourage the retention and planting of trees and other vegetation as part of development and minimise the urban heat island effect,
(o) to mitigate the effects of climate change.
cl 1.2: Am 2022 (536), Sch 1[1]; 2023 (396), Sch 1[1]–[3].
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Woollahra Local Environmental Plan 1995
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A Savings provisions relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
(2) The amendments made to this plan by Woollahra Local Environmental Plan 2014 (Amendment No 33), other than new clause 6.10, do not apply to a development application made, but not finally determined, before the commencement of the amendments.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (396), Sch 1[4]–[6].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
Employment Zones
E1 Local Centre
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
cl 2.1: Am 2022 (857), Sch 1.11[1].
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.
2.7 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) 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
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