2008 (NSW)

2008 No 64

New South Wales

Canada Bay Local Environmental Plan

2008

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, pursuant to section 33A of the Environmental Planning and Assessment Act 1979, adopt the mandatory provisions of the Standard Instrument (Local Environmental Plans) Order 2006 and prescribe matters required or permitted by that Order so as to make a local environmental plan as follows. (S06/01274/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 30 of 7 March 2008, page 1464	Page 1
2008 No 64
Canada Bay Local Environmental Plan 2008
Contents

Page

Part 1

Preliminary

1.1	Name of Plan	4
1.2	Aims of Plan	4
1.3	Land to which Plan applies	5
1.4	Definitions	5
1.5	Notes	5
1.6	Consent authority	5
1.7	Maps	5
1.8	Repeal of other local planning instruments applying to land	6

1.8A	Savings provision relating to pending development
approvals 6

1.9 Application of SEPPs and REPs 6

1.9A Suspension of covenants, agreements and instruments 7

Part 2

Permitted or prohibited development

2.1	Land use zones	8
2.2	Zoning of land to which Plan applies	8
2.3	Zone objectives and land use table	8
2.4	Unzoned land	9
2.5	Additional permitted uses for particular land	9
2.6	Subdivision—consent requirements	10

2.6A Temporary use of land 10

Land Use Table 11

Part 3

Exempt and complying development

3.1	Exempt development	20
3.2	Complying development	21
3.3	Environmentally sensitive areas excluded	22

Part 4

Principal development standards

4.1	Minimum subdivision lot size	24
4.2	Rural subdivision	24
4.3	Height of buildings	24
4.4	Floor space ratio	25

4.4A	Drummoyne Commercial Centre floor space ratio	25
4.4B	Five Dock Commercial Centre floor space ratio	26
4.4C	Majors Bay Road Commercial Centre floor space ratio	26

2008 No 64

Canada Bay Local Environmental Plan 2008

Contents

Page

4.4D Mortlake Point floor space ratio 26

4.5	Calculation of floor space ratio and site area	27
4.6	Exceptions to development standards	29

Part 5

Miscellaneous provisions

5.1	Relevant acquisition authority	31
5.2	Classification and reclassification of public land	32
5.3	Development near zone boundaries	33
5.4	Controls relating to miscellaneous permissible uses	33
5.5	Development within the coastal zone	34
5.6	Architectural roof features	35
5.7	Development below mean high water mark	35
5.8	Conversion of fire alarms	35
5.9	Preservation of trees or vegetation	36
5.10	Heritage conservation	38
5.11	Bush fire hazard reduction	41

5.12 Infrastructure development and use of existing buildings

of the Crown 41

Part 6	Additional local provisions
6.1 Acid sulfate soils 42
6.2 Particular dual occupancy subdivisions must not be

approved 44

6.3	Development on land in Zone RE1 Public Recreation	44
6.4	Development on the foreshore must ensure access	44
6.5	Foreshore building line	44
6.6	Restriction on consent for particular sex services premises	45
6.7	Telecommunications facilities	46
6.8	Council infrastructure development	46
6.9	Provisions relating to certain sites requiring specific
planning provisions	47

Schedule 1	Additional permitted uses	48
Schedule 2	Exempt development	51
Schedule 3	Complying development	67
Schedule 4	Classification and reclassification of public
land	73
Schedule 5	Environmental heritage	74
Schedule 6	Transitional provisions for certain sites	107
Dictionary	116
2008 No 64

Clause 1.1	Canada Bay Local Environmental Plan 2008
Part 1	Preliminary

Canada Bay Local Environmental Plan 2008

under the

Environmental Planning and Assessment Act 1979

Part 1 Preliminary

1.1 Name of Plan

This Plan is Canada Bay Local Environmental Plan 2008.

1.2

Aims of Plan

(1)	This Plan aims to make local environmental planning provisions for land in Canada Bay in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
(2)	The particular aims of this Plan are as follows:

(a)

to create a land use framework that allows detailed provisions to be made,

(b)

to maintain and enhance the existing amenity and quality of life of the local community,

(c)

to protect areas from inappropriate development,

(d)

to ensure development embraces the principles of:

(i)	ecological sustainability, and
(ii)	quality urban design,

(e)

to identify and conserve those items and localities that contribute to the local, built form, environmental and cultural heritage of Canada Bay,

(f)

to promote opportunities for social, cultural and community activities,

(g)

to protect and manage areas of remnant bushland, natural watercourses and threatened species,

(h)

to provide measures to retain, and where possible to extend, public access to the foreshore areas of Canada Bay and to control development in those areas,

(i)      to provide effective community participation and consultation for planning and development,

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 1.3
Preliminary	Part 1

(j) to provide clarity and certainty for the community and development applicants, while allowing flexibility to respond to changing needs.

1.3	Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.

(1A) Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”, being land that is excluded from this Plan under section 68 (5) or 70 (4) of the Act.

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 Minister 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 Minister when the instruments are made.

(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 official NSW legislation website in connection with this Plan. 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 Department of Planning’s website.

2008 No 64

Clause 1.8	Canada Bay Local Environmental Plan 2008
Part 1	Preliminary

1.8

Repeal of other local 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.
(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.

(2A)

Despite their repeal, the following continue to apply to the land marked

“Deferred matter” on the Land Application Map:

(a)	Concord Planning Scheme Ordinance,
(b)	Concord Local Environmental Plan No 103 (Heritage).

1.8A Savings provision relating to pending development approvals

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 been exhibited but had not commenced.

1.9	Application of SEPPs and REPs
(1) This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan as provided by section 36 of the Act.

Note. Section 36 of the Act generally provides that SEPPs prevail over REPs and LEPs and that REPs prevail over LEPs. However, a LEP may (by an additional provision included in the Plan) displace or amend a SEPP or REP to deal specifically with the relationship between this Plan and the SEPP or REP.

(2)

The following State environmental planning policies and regional environmental plans (or provisions) do not apply to the land to which this Plan applies:

State Environmental Planning Policy No 1—Development Standards

State Environmental Planning Policy No 4—Development Without

Consent and Miscellaneous Exempt and Complying Development

(clauses 6 and 10, and Parts 3 and 4)

State Environmental Planning Policy No 9—Group Homes

State Environmental Planning Policy No 60—Exempt and Complying

Development

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 1.9A
Preliminary	Part 1

1.9A

Suspension of covenants, agreements and instruments

(1)	For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a development 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 prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, 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.

(3)

This clause does not affect the rights or interests of any public authority

under any registered instrument.

(4)

Under section 28 of the Act, the Governor, before the making of this

clause, approved of subclauses (1)–(3).

2008 No 64

Clause 2.1	Canada Bay Local Environmental Plan 2008
Part 2	Permitted or prohibited development

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Plan are as follows:

Residential Zones

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

Business Zones

B1 Neighbourhood Centre

B3 Commercial Core

B4 Mixed Use

B6 Enterprise Corridor

B7 Business Park

Industrial Zones

IN1 General Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation RE2 Private Recreation

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

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 2.4
Permitted or prohibited development	Part 2

(3)

In the 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 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 (that 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 or, if applicable, Part 3A 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 that require consent for particular development.

2.4

Unzoned land

(1)	Development may be carried out on unzoned land only with consent.
(2)	Before granting 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 consent, or in accordance with the conditions (if any) specified in that Schedule in relation to that development. (b) if the Schedule so provides—without consent,

(2)

This clause has effect despite anything to the contrary in the Land Use

Table or other provision of this Plan.

2008 No 64

Clause 2.6	Canada Bay Local Environmental Plan 2008
Part 2	Permitted or prohibited development

2.6	Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with consent. (2) However, consent is not required for a subdivision for the purpose only of any one or more of the following:

(a)

widening a public road,

(b)

a minor realignment of boundaries that does not create:

(i)	additional lots or the opportunity for additional dwellings, or
(ii)	lots that are smaller than the minimum size shown on the Lot Size Map in relation to the land concerned,

(c)

a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,

(d)

rectifying an encroachment on a lot,

(e)

creating a public reserve,

(f)

excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

Note. If a subdivision is exempt development, the Act enables the subdivision

to be carried out without consent.

Also, certain dual occupancies cannot be subdivided, see Part 6.

2.6A

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 purpose for a maximum period of 182 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 is necessary and reasonable for the economic use of the land pending its subsequent development in accordance with this Plan and other relevant environmental planning instruments, and
(b)	the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any such other instrument, and

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 2.6A
Land Use Table	Part 2

(c)	the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(d)	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
(e)	at the end of the temporary use period, the use and any associated structures will be removed and the site appropriately restored.

Land Use Table

Zone R1 General Residential

1      Objectives of zone

• To provide for the housing needs of the community.

• To provide for a variety of housing types and densities.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2      Permitted without consent

Home-based child care; Home occupations

3      Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Boat repair facilities; Boat sheds; Building identification signs; Business identification signs; Business premises (other than restricted premises and timber and building supplies); Car parks; Child care centres; Community facilities; Demolition; Drainage; Dual occupancies; Dwelling houses; Earthworks; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Group homes; Home businesses; Home industries; Hospitals; Hostels; Hotel or motel accommodation; Information and education facilities; Jetties; Light industries; Marinas; Multi dwelling housing; Neighbourhood shops; Office premises; Places of public worship; Public administration buildings; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential care facilities; Residential flat buildings; Retail premises; Roads; Schools; Semi-detached dwellings; Seniors housing; Service stations; Serviced apartments; Shop top housing; Swimming pools; Telecommunications facilities; Vehicle repair stations; Water recycling facilities

2008 No 64

Clause 2.6A	Canada Bay Local Environmental Plan 2008
Part 2	Land Use Table

4      Prohibited

Any development not specified in item 2 or 3

Zone R2 Low Density Residential

1      Objectives of zone

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

2      Permitted without consent

Home-based child care; Home occupations

3      Permitted with consent

Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Child care centres; Community facilities; Demolition; Drainage; Dual occupancies; Dwelling houses; Earthworks; Exhibition homes; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Places of public worship; Public utility undertakings; Recreation areas; Roads; Schools; Semi-detached dwellings; Swimming pools; Telecommunications facilities; Water recycling facilities

4      Prohibited

Any development not specified in item 2 or 3

Zone R3 Medium Density Residential

1      Objectives of zone

• To provide for the housing needs of the community within a medium density residential environment.

• To provide a variety of housing types within a medium density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To facilitate public access to and along the foreshore.

2      Permitted without consent

Home-based child care; Home occupations

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 2.6A
Land Use Table	Part 2

3      Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Boarding houses; Child care centres; Community facilities; Demolition; Drainage; Dual occupancies; Dwelling houses; Earthworks; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Jetties; Multi dwelling housing; Neighbourhood shops; Places of public worship; Public utility undertakings; Recreation areas; Residential care facilities; Residential flat buildings; Roads; Schools; Semi-detached dwellings; Seniors housing; Swimming pools; Telecommunications facilities; Water recycling facilities

4      Prohibited

Any development not specified in item 2 or 3

Zone B1 Neighbourhood Centre

1      Objectives of zone

• To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

2      Permitted without consent

Home-based child care; Home occupations

3      Permitted with consent

Building identification signs; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Emergency services facilities; Hotel or motel accommodation; Information and education facilities; Light industries; Neighbourhood shops; Office premises; Places of public worship; Public utility undertakings; Retail premises (other than restricted premises); Roads; Service stations; Shop top housing; Telecommunications facilities; Vehicle repair stations; Water recycling facilities

4      Prohibited

Any development not specified in item 2 or 3

2008 No 64

Clause 2.6A	Canada Bay Local Environmental Plan 2008
Part 2	Land Use Table

Zone B3 Commercial Core

1      Objectives of zone

• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

• To encourage appropriate employment opportunities in accessible locations.

• To maximise public transport patronage and encourage walking and cycling.

2      Permitted without consent

Nil

3      Permitted with consent

Amusement centres; Building identification signs; Bulky goods premises; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Demolition; Earthworks; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Nightclubs; Office premises; Passenger transport facilities; Public administration buildings; Public utility undertakings; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Schools; Service stations; Telecommunications facilities; Tourist and visitor accommodation; Vehicle repair stations; Water recycling facilities; Wholesale supplies

4      Prohibited

Any development not specified in item 2 or 3

Zone B4 Mixed Use

1      Objectives of zone

• To provide a mixture of compatible land uses.

• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

2      Permitted without consent

Home-based child care; Home occupations

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 2.6A
Land Use Table	Part 2

3      Permitted with consent

Amusement centres; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Bulky goods premises; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Educational establishments; Emergency services facilities; Entertainment facilities; Function centres; Home businesses; Home industries; Hospitals; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Marinas; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential care facilities; Retail premises; Roads; Schools; Seniors housing; Service stations; Serviced apartments; Sex services premises; Shop top housing; Swimming pools; Telecommunications facilities; Vehicle repair stations; Water recycling facilities; Wholesale supplies

4      Prohibited

Any development not specified in item 2 or 3

Zone B6 Enterprise Corridor

1      Objectives of zone

• To promote businesses along main roads and to encourage a mix of compatible uses.

• To provide a range of employment uses (including business, office, retail and light industrial uses) and residential uses (but only as part of a mixed use development).

• To maintain the economic strength of centres by limiting retailing activity.

2      Permitted without consent

Home-based child care; Home occupations

3      Permitted with consent

Advertisements; Advertising structures; Building identification signs; Bulky goods premises; Business identification signs; Business premises; Car parks; Community facilities; Demolition; Drainage; Earthworks; Emergency services facilities; Hotel or motel accommodation; Information and education facilities; Landscape and garden supplies; Light industries; Medical centres; Neighbourhood shops; Office premises; Passenger transport facilities; Places of public worship; Public utility undertakings; Pubs; Residential flat buildings;

2008 No 64

Clause 2.6A	Canada Bay Local Environmental Plan 2008
Part 2	Land Use Table

Retail premises (other than restricted premises); Roads; Schools; Self-storage units; Seniors housing; Service stations; Serviced apartments; Shop top housing; Storage premises; Swimming pools; Telecommunications facilities; Timber and building supplies; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water recycling facilities; Wholesale supplies

4      Prohibited

Any development not specified in item 2 or 3

Zone B7 Business Park

1      Objectives of zone

• To provide a range of office and light industrial uses.

• To encourage employment opportunities.

• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

• To encourage the erection of buildings suited to development requiring large floor areas, and to discourage small scale uses unless they are of an ancillary or service nature.

• To provide for site planning and layout that includes landscaped set backs to major roads and residential areas and modern building forms.

• To enable the grouping of activities and, where practicable, the sharing of facilities.

• For land zoned B7 Business Park bounded by Concord Road, Mary Street, Homebush Bay Drive and the Main Northern Railway, Rhodes, to ensure that any new development is complementary in scale, siting, form, materials, landscaping and height with the buildings on the eastern side of the Main Northern Railway.

• To ensure that land in the zone will only be developed if the consent authority is satisfied that there will be no detriment to the environment and the amenity of surrounding residential areas.

• To facilitate public access throughout the zone.

2      Permitted without consent

Nil

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 2.6A
Land Use Table	Part 2

3      Permitted with consent

Building identification signs; Business identification signs; Child care centres; Demolition; Earthworks; Food and drink premises; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Public utility undertakings; Recreation facilities (indoor); Roads; Telecommunications facilities; Warehouse or distribution centres; Water recycling facilities

4      Prohibited

Any development not specified in item 2 or 3

Zone IN1 General Industrial

1      Objectives of zone

• To provide a wide range of industrial and warehouse land uses.

• To encourage employment opportunities.

• To minimise any adverse effect of industry on other land uses.

• To recognise the close proximity of this zone to adjoining residential areas and to reduce potential conflict between industrial and residential uses.

2      Permitted without consent

Nil

3      Permitted with consent

Advertisements; Advertising structures; Animal boarding or training establishments; Biosolids treatment facilities; Building identification signs; Business identification signs; Car parks; Community facilities; Demolition; Depots; Earthworks; Emergency services facilities; Freight transport facilities; Horticulture; Industrial retail outlets; Landscape and garden supplies; Light industries; Liquid fuel depots; Materials recycling and recovery centres; Medical centres; Mortuaries; Neighbourhood shops; Passenger transport facilities; Public utility undertakings; Recreation areas; Recreational facilities (indoor); Recreational facilities (outdoor); Resource recovery facilities; Roads; Self-storage units; Service stations; Storage premises; Telecommunications facilities; Timber and building supplies; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Waste or resource management facilities; Waste or resource transfer stations; Water recycling facilities; Water treatment facilities; Wholesale supplies

2008 No 64

Clause 2.6A	Canada Bay Local Environmental Plan 2008
Part 2	Land Use Table

4      Prohibited

Any development not specified in item 2 or 3

Zone SP2 Infrastructure

1      Objectives of zone

• To provide for infrastructure and related uses.

• To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2      Permitted without consent

Nil

3      Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Biosolids treatment facilities; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Emergency services facilities; Hospitals; Information and education facilities; Public utility undertakings; Roads; Telecommunications facilities; Water recycling facilities

4      Prohibited

Any development not specified in item 2 or 3

Zone RE1 Public Recreation

1      Objectives of zone

• To enable land to be used for public open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

• To facilitate public access to and along the foreshore.

2      Permitted without consent

Nil

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 2.6A
Land Use Table	Part 2

3      Permitted with consent

Biosolids treatment facilities; Boat sheds; Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Environmental protection works; Information and education facilities; Jetties; Kiosks; Marinas; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads; Take away food or drink premises; Telecommunications facilities; Water recycling facilities

4      Prohibited

Any development not specified in item 2 or 3

Zone RE2 Private Recreation

1      Objectives of zone

• To enable land to be used for private open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

2      Permitted without consent

Nil

3      Permitted with consent

Biosolids treatment facilities; Boat sheds; Car parks; Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Environmental protection works; Jetties; Kiosks; Public utility undertakings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Telecommunications facilities; Water recycling facilities

4      Prohibited

Any development not specified in item 2 or 3

2008 No 64

Clause 3.1	Canada Bay Local Environmental Plan 2008
Part 3	Exempt and complying development

Part 3 Exempt and complying development

3.1 Exempt development

Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)	must be of minimal environmental impact, and
(b)	cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)	cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)

The objective of this clause is to identify development of minimal

environmental impact as exempt development.

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development:

(a)	must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b)	must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)	must not be designated development, and
(d)	must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and
(e)	must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 3.3).

(3A)

To be exempt development, the development also:

(a)	if it involves the demolition of a building, must only be carried out between 7:00am and 5:00pm, Monday to Friday and not on a public holiday, and
(b)	must not contravene any condition of a development consent already applying to the land, and
(c)	must not obstruct drainage of the site on which it is carried out, and
(d)	must not restrict vehicular or pedestrian access to or from the site, and

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 3.2
Exempt and complying development	Part 3

(e)	must not require a tree to be removed, and
(f)	must not be carried out forward of the front alignment of the main building (if any) on the site, if the proposed development is in a heritage conservation area or on land on which there is a heritage item (other than driveways or pathways, paving, flagpoles, public works and scaffolding), and
(g)	must not involve alterations or additions (including attaching any structure) to a heritage item, and
(h)	must not be located on the front slope of the roof of a heritage item or be visible from a public place on land on which there is a heritage item or in a heritage conservation area, if the development involves roof ventilators, skylight windows, satellite dishes, television aerials, microwave antennae or water heaters.

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:

(a)	the building has a current fire safety certificate or fire safety statement, or
(b)	no fire safety measures are currently implemented, required or proposed for the building.

3.2 Complying development

Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.

The section states that development cannot be complying development if:

(a)	it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b)	it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c)	the development is designated development, or
(d)	the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e)	the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995), or
(f)	the development is on land identified as an environmentally sensitive area.

2008 No 64

Clause 3.3	Canada Bay Local Environmental Plan 2008
Part 3	Exempt and complying development

(1)

The objective of this clause is to identify development as complying

development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in

compliance with:

(a)	the development standards specified in relation to that development, and
(b)	the requirements of this Part,

is complying development.

Note. See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must:

(a)	be permissible, with consent, in the zone in which it is carried out, and
(b)	meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)	have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(3A)

To be complying development, the development also:

(a)	must not contravene any condition of a development consent already applying to the land, and
(c)	must be carried out at least one metre from any easement or sewer, and
(d)	must not be carried out in the foreshore and waterways area within the meaning of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

(4) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out in Part 2 of that Schedule.

3.3	Environmentally sensitive areas excluded
(1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development. (2) For the purposes of this clause: environmentally sensitive area for exempt or complying development means any of the following:

(a)	the coastal waters of the State,
(b)	a coastal lake,

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 3.3
Exempt and complying development	Part 3

(c)	land to which State Environmental Planning Policy No 14— Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,
(d)	land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)	land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)	land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)	land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)	land reserved as a state conservation area under the National Parks and Wildlife Act 1974,

(i)      land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

2008 No 64

Clause 4.1	Canada Bay Local Environmental Plan 2008
Part 4	Principal development standards

Part 4 Principal development standards

4.1	Minimum subdivision lot size
(1) The objectives of this clause are as follows:

(a)	to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,
(b)	to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c)	to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls,
(d)	to ensure that lot sizes and dimensions allow dwellings to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of individual

lots in a strata plan or community title scheme.

4.2 Rural subdivision

Not applicable.

4.3	Height of buildings
(1) The objectives of this clause are as follows:

(a)	to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,
(b)	to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,
(c)	to minimise the adverse impact of development on heritage conservation areas and heritage items,
(d)	to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities.

(2)

The height of a building on any land is not to exceed the maximum

height shown for the land on the Height of Buildings Map.

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 4.4
Principal development standards	Part 4

4.4	Floor space ratio
(1) The objectives of this clause are as follows:

(a)	to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality,
(b)	to minimise the adverse impact of development on heritage conservation areas and heritage items,
(c)	to reduce the visual impact of development when viewed from the Parramatta River as well as other public places such as parks, roads and community facilities.

(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

4.4A	Drummoyne Commercial Centre floor space ratio
(1) Despite clause 4.4 (2), the floor space ratio for a building on land in Areas 1, 2, 3, 4, 5 and 6 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause. (2) The maximum floor space ratio in respect of Area 3 applies only if the site concerned fronts Formosa Street.

Area	Site Area	Floor Space Ratio
1	All sites	2.0:1
2	<1000m2	2.0:1
1000m2–1500m2	2.25:1
>1500m2–2000m2	2.5:1
>2000m2–2500m2	2.75:1
>2500m2–3000m2	3.0:1
>3000m2–3500m2	3.25:1
>3500m2	3.5:1
3	2.0:1
<1000m2
1000m2–1250m2	2.25:1
>1250m2–1500m2	2.5:1
>1500m2–2000m2	2.75:1

2008 No 64

Clause 4.4B	Canada Bay Local Environmental Plan 2008
Part 4	Principal development standards

Area	Site Area	Floor Space Ratio
>2000m2	3.0:1
4	All sites	1.0:1
5	All sites	2.0:1
6	<1000m2	2.0:1
1000m2–1250m2	2.25:1
>1250m2–1500m2	2.5:1
>1500m2–2000m2	2.75:1
>2000m2	3.0:1

4.4B

Five Dock Commercial Centre floor space ratio

(1)	Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 2.0:1.
(2)	Despite clause 4.4 (2), if the residential component of a building on land in Area 7 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 2.5:1.

4.4C

Majors Bay Road Commercial Centre floor space ratio

(1)	Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is less than 30% of the gross floor area, the floor space ratio for the building must not exceed 1.5:1.
(2)	Despite clause 4.4 (2), if the residential component of a building on land in Area 8 shown on the Floor Space Ratio Map is 30% or more of the gross floor area, the floor space ratio for the building must not exceed 1.8:1.

4.4D

Mortlake Point floor space ratio

(1)

Despite clause 4.4 (2), the floor space ratio for a building on land in Area 9 shown on the Floor Space Ratio Map must not exceed the floor space ratio for the area shown in the Table to this clause.

(2)

For the purposes of the Table:

residential development means development for the purpose of a

dwelling house, residential flat building or swimming pool, and

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 4.5
Principal development standards	Part 4

includes development that is ancillary (with or without consent) to those purposes, or permitted to be carried out in relation to development for those purposes.

non-residential development means development for a purpose other

than residential development.

mixed use development means development for 2 or more purposes that

are not prohibited.

Development	Floor Space Ratio
Residential development	0.75:1
Non-residential development	1.0:1
Mixed use development	0.75:1

4.5	Calculation of floor space ratio and site area
(1) Objectives

The objectives of this clause are as follows:

(a)

to define floor space ratio,

(b)

to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:

(i)	prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)	prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

(iii) require community land and public places to be dealt with separately.

(2)

Definition of “floor space ratio”

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

Site area

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be:

(a)	if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)	if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be

2008 No 64

Clause 4.5	Canada Bay Local Environmental Plan 2008
Part 4	Principal development standards

carried out that has at least one common boundary with another

lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

Exclusions from site area

The following land must be excluded from the site area:

(a)	land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)	community land or a public place (except as provided by subclause (7)).

(5)

Strata subdivisions

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

Only significant development to be included

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

Certain public land to be separately considered

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

Existing buildings

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

Covenants to prevent “double dipping”

When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 4.6
Principal development standards	Part 4

floor area will be created on another lot only because the site included

the restricted lot.

(10)

Covenants affect consolidated sites

If:

(a)	a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)	proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

Definition

In this clause, public place has the same meaning as it has in the Local

Government Act 1993.

4.6	Exceptions to development standards
(1) The objectives of this clause are:

(a)	to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b)	to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

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)

Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)	that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)	that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

Consent must not be granted for development that contravenes a

development standard unless:

(a) the consent authority is satisfied that:

2008 No 64

Clause 4.6	Canada Bay Local Environmental Plan 2008
Part 4	Principal development standards

(i)      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)      the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.

(5)

In deciding whether to grant concurrence, the Director-General must

consider:

(a)	whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)	the public benefit of maintaining the development standard, and
(c)	any other matters required to be taken into consideration by the Director-General before granting concurrence.

(6)

Consent must not be granted under this clause for a subdivision of land

in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4 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)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)

This clause does not allow 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,
(c)	clause 5.4.

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 5.1
Miscellaneous provisions	Part 5

Part 5 Miscellaneous provisions

5.1	Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 27 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	Council

“Local open space”

Zone RE1 Public Recreation and marked	The corporation constituted under
“Regional open space”	section 8 of the Act
Zone SP2 Infrastructure and marked	Roads and Traffic Authority

“Classified road”

Zone SP2 Infrastructure and marked Council

“Local road”

Zone E1 National Parks and Nature

Minister administering the

Reserves and marked “National Park”

National Parks and Wildlife Act

1974

(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.

2008 No 64

Clause 5.2	Canada Bay Local Environmental Plan 2008
Part 5	Miscellaneous provisions

5.2	Classification and reclassification of public land
(1) The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 4:

(a)	does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)	continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and 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 for the land in Column 3 of Part 2 of Schedule 4, and
(b)	any reservations that except land out of the Crown grant relating to the land, and
(c)	reservations of minerals (within the meaning of the Crown Lands Act 1989).

Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 5.3
Miscellaneous provisions	Part 5

5.3

Development near zone boundaries

(1)	The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)	This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres.
(3)	This clause does not apply to:

(a)	land zoned RE1 Public Recreation, E1 National Parks and Nature Reserves, E2 Environmental Conservation, E3 Environmental Management or W1 Natural Waterways, or
(b)	land within the coastal zone, or
(c)	land proposed to be developed for the purpose of sex services or restricted premises.

(4)

Despite the provisions of this Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:

(a)	the development is not inconsistent with the objectives for development in both zones, and
(b)	the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)

The clause does not prescribe a development standard that may be

varied under this Plan.

5.4	Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(2)	Home businesses
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.

2008 No 64

Clause 5.5	Canada Bay Local Environmental Plan 2008
Part 5	Miscellaneous provisions

(3)

Home industries

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the light industry must not involve the use of more than 50 square metres of floor area.

(4)

Industrial retail outlets

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed:

(a)	30% of the combined gross floor area of the industrial retail outlet and the building or place on which the relevant industry is carried out, or
(b)	400 square metres,

whichever is the lesser.

(5)

Farm stay accommodation

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

(6)

Kiosks

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 square metres.

(7)

Neighbourhood shops

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.

(8)

Roadside stalls

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.

(9)

Secondary dwellings

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a)	60 square metres,
(b)	40% of the total floor area of both the self-contained dwelling and the principal dwelling.

5.5 Development within the coastal zone

Not applicable.

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 5.6
Miscellaneous provisions	Part 5

5.6	Architectural roof features
(1) The objectives of this clause are:

(a)	to ensure that architectural roof features to which this clause applies are decorative elements only, and
(b)	to ensure that the majority of the roof features are contained within the prescribed building height.

(2)

Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with consent.

(3)

Development consent must not be granted to any such development

unless the consent authority is satisfied that:

(a) the architectural roof feature:

(i)      comprises a decorative element on the uppermost portion of a building, and

(ii)      is not an advertising structure, and

(iii)      does not include floor space area and is not reasonably capable of modification to include floor space area, and

(iv)      will cause minimal overshadowing, and

(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

5.7

Development below mean high water mark

(1)	The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)	Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

5.8

Conversion of fire alarms

(1)

This clause applies to a fire alarm system that can be monitored by New

South Wales Fire Brigades or by a private service provider.

(2)

The following development may be carried out, but only with consent:

(a) converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,

2008 No 64

Clause 5.9	Canada Bay Local Environmental Plan 2008
Part 5	Miscellaneous provisions

(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 x 100mm x 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 New South Wales Fire Brigades to

monitor fire alarm systems.

5.9	Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation. (2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.

Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

(3)

A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

(a)	development consent, or
(b)	a permit granted by the Council.

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 5.9
Miscellaneous provisions	Part 5

(4)

The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

(5)

This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6)

This clause does not apply to a tree or other vegetation that the Council

is satisfied is a risk to human life or property.

(7)

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

(a)	that is or forms part of a heritage item, or
(b)	that is within a heritage conservation area.

Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

(8)

This clause does not apply to or in respect of:

(a)	the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b)	the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c)	trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d)	action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e)	plants declared to be noxious weeds under the Noxious Weeds Act 1993.

2008 No 64

Clause 5.10	Canada Bay Local Environmental Plan 2008
Part 5	Miscellaneous provisions

5.10 Heritage conservation

Note. Heritage items, heritage conservation areas and archaeological sites (if any) are shown on the Heritage Map. The location and nature of any such item, area or site is also described in Schedule 5.

(1)

Objectives

The objectives of this clause are:

(a)	to conserve the environmental heritage of Canada Bay, and
(b)	to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and
(c)	to conserve archaeological sites, and
(d)	to conserve places of Aboriginal heritage significance.

(2)

Requirement for consent

Development consent is required for any of the following:

(a)	demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b)	altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c)	altering a heritage item that is a building by making structural changes to its interior,
(d)	disturbing or excavating 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)	disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f)	erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g)	subdividing land on which a heritage item is located or that is within a heritage conservation area.

(3)

When consent not required

However, consent under this clause is not required if:

(a) the applicant has notified the consent authority 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:

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 5.10
Miscellaneous provisions	Part 5

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

(ii)      would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b)

the development is in a cemetery or burial ground and the proposed development:

(i)	is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)	would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c)

the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)

the development is exempt development.

(4)

Effect on heritage significance

The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

Heritage impact assessment

The consent authority may, before granting consent to any development on land:

(a)	on which a heritage item is situated, or
(b)	within a heritage conservation area, or
(c)	within the vicinity of land referred to in paragraph (a) or (b),

require a heritage impact statement to be prepared that assesses 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.

(6)

Heritage conservation management plans

The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

2008 No 64

Clause 5.10	Canada Bay Local Environmental Plan 2008
Part 5	Miscellaneous provisions

(7)

Archaeological sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)	notify the Heritage Council of its intention to grant consent, and
(b)	take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

Places of Aboriginal heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:

(a)	consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b)	notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

Demolition of item of State significance

The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)	notify the Heritage Council about the application, and
(b)	take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:

(a)	the conservation of the heritage item is facilitated by the granting of consent, and
(b)	the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and

2008 No 64

Canada Bay Local Environmental Plan 2008	Clause 5.11
Miscellaneous provisions	Part 5

(c)	the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and
(d)	the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
(e)	the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

5.11 Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.

Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

5.12

Infrastructure development and use of existing buildings of the Crown

(1)	This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under the State Environmental Planning Policy (Infrastructure) 2007.
(2)	This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

2008 No 64

Clause 6.1	Canada Bay Local Environmental Plan 2008
Part 6	Additional local provisions

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, except as provided by this clause.

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	ground surface.
Works more than 1 metre below the natural lowered more than 1 metre below the natural ground surface.
4	ground surface.
Works more than 2 metres below the natural 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 by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

pond-based aquaculture means aquaculture undertaken in structures that are constructed by excavating and reshaping earth, which may be earthen or lined, and includes any part of the aquaculture undertaken in tanks, such as during the hatchery or pre-market conditioning phases, but does not include natural water-based aquaculture.

Note. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.

port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995:

(a)	facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)	facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)	wharves for commercial fishing operations,
(d)	refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)	sea walls or training walls,
(f)	administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.

property vegetation plan has the same meaning as in the Native Vegetation Act 2003.

Note. The term is defined as follows:

property vegetation plan means a property vegetation plan that has been approved under

Part 4 of the Native Vegetation Act 2003.

pub means licensed premises under the Liquor Act 1982 the principal purpose of which is the sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold on the premises.

public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.

public authority has the same meaning as in the Act.

public entertainment has the same meaning as in the Act.

Note. The term is defined as follows:

public entertainment means entertainment to which admission may ordinarily be gained by

members of the public on payment of money or other consideration:

(a)	whether or not some (but not all) persons are admitted free of charge, and
(b)	whether or not the money or other consideration is demanded:

(i)       as a charge for a meal or other refreshment before admission is granted, or

(ii)       as a charge for the entertainment after admission is granted.

public land has the same meaning as in the Local Government Act 1993.

Note. The term is defined as follows:

public land means any land (including a public reserve) vested in or under the control of the

council, but does not include:

(a)	a public road, or
(b)	land to which the Crown Lands Act 1989 applies, or
(c)	a common, or
(d)	land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)	a regional park under the National Parks and Wildlife Act 1974.

public reserve has the same meaning as in the Local Government Act 1993.

public utility undertaking means any of the following undertakings carried on or

permitted to be carried on by or by authority of any Government Department or under

the authority of or in pursuance of any Commonwealth or State Act:

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

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.

rainwater tank means a tank designed for the storage of rainwater gathered on the

land on which the tank is situated.

recreation area means a place used for outdoor recreation that is normally open to

the public, and includes:

(a)	a children’s playground, or
(b)	an area used for community sporting activities, or
(c)	a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor),

recreation facility (major) or recreation facility (outdoor).

recreation facility (indoor) means a building or place used predominantly for indoor

recreation, whether or not operated for the purposes of gain, including a squash court,

indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley,

ice rink or any other building or place of a like character used for indoor recreation,

but does not include an entertainment facility, a recreation facility (major) or a

registered club.

recreation facility (major) means a building or place used for large-scale sporting or

recreation activities that are attended by large numbers of people whether regularly

or periodically, and includes sports stadiums, showgrounds, racecourses and motor

racing tracks.

recreation facility (outdoor) means a building or place (other than a recreation area)

used predominantly for outdoor recreation, whether or not operated for the purposes

of gain, including a golf course, golf driving range, mini-golf centre, tennis court,

paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre,

skate board ramp, go-kart track, rifle range, water-ski centre or any other building or

place of a like character used for outdoor recreation (including any ancillary

buildings), but does not include an entertainment facility or a recreation facility

(major).

Reduced Level (RL) means height above the Australian Height Datum, being the

datum surface approximating mean sea level that was adopted by the National

Mapping Council of Australia in May 1971.

registered club means a club in respect of which a certificate of registration under the

Registered Clubs Act 1976 is in force.

relic means any deposit, object or other material evidence of human habitation:

(a)	that relates to the settlement of the area of Canada Bay, not being Aboriginal settlement, and
(b)	that is more than 50 years old, and

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

(c) that is a fixture or is wholly or partly within the ground.

research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.

residential accommodation means a building or place used predominantly as a place

of residence, but does not include tourist and visitor accommodation.

residential care facility means accommodation for seniors (people aged 55 years or

more) or people with a disability that includes:

(a)	meals and cleaning services, and
(b)	personal care or nursing care, or both, and
(c)	appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

not being a dwelling, hospital or psychiatric facility.

residential flat building means a building containing 3 or more dwellings, but does

not include an attached dwelling or multi dwelling housing.

resource recovery facility means a building or place used for the recovery of

resources from waste, including works or activities such as separating and sorting,

processing or treating the waste, temporary storage, transfer or sale of recovered

resources, energy generation from gases and water treatment, but not including

re-manufacture or disposal of the material by landfill or incineration.

restaurant means a building or place the principal purpose of which is the provision

of food or beverages to people for consumption on the premises and that may also

provide takeaway meals and beverages.

restricted dairy means a dairy (other than a dairy (pasture-based)) where restriction

facilities are present in addition to milking sheds and holding yards, and where cattle

have access to grazing for less than 10 hours in any 24 hour period (excluding during

periods of drought or similar emergency relief). A restricted dairy may comprise the

whole or part of a restriction facility.

restricted premises means business premises or retail premises that, due to their

nature, restrict access to patrons or customers over 18 years of age, and includes sex

shops and similar premises but does not include hotel or motel accommodation, a

pub, home occupation (sex services) or sex services premises.

restriction facilities means facilities where animals are constrained for management

purposes, including milking sheds, pads, feed stalls, holding yards and paddocks

where the number of livestock exceeds the ability of vegetation to recover from the

effects of grazing in a normal growing season, but does not include facilities for

drought or similar emergency relief.

retail premises means a building or place used for the purpose of selling items by

retail, or for hiring or displaying items for the purpose of selling them by retail or

hiring them out, whether the items are goods or materials (or whether also sold by

wholesale).

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

road means a public road or a private road within the meaning of the Roads Act 1993,

and includes a classified road.

roadside stall means a place or temporary structure used for retail selling of

agricultural produce or hand crafted goods (or both) produced from the property on

which the stall is situated or from an adjacent property.

Note. See clause 5.4 for controls relating to the gross floor area.

rural industry means an industry that involves the handling, treating, production,

processing or packing of animal or plant agricultural products, and includes:

(a)	agricultural produce industry, or
(b)	livestock processing industry, or
(c)	use of composting facilities and works (including to produce mushroom substrate), or
(d)	use of sawmill or log processing works, or
(e)	use of stock and sale yards, or
(f)	the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,

undertaken for commercial purposes.

rural supplies means a building or place used for the display, sale (whether by retail

or wholesale) or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and

other goods or materials used in farming and primary industry production.

rural worker’s dwelling means a dwelling, ancillary to a dwelling house on the same

landholding, used as the principal place of residence by persons employed for the

purpose of agriculture or a rural industry on that land.

sawmill or log processing works means a building or place used for handling,

cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps,

principally derived from surrounding districts, into timber or other products derived

from wood.

school means a government school or non-government school within the meaning of

the Education Act 1990.

secondary dwelling means a self-contained dwelling that:

(a)	is established in conjunction with another dwelling (the principal dwelling), and
(b)	is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and
(c)	is located within, or is attached to, or is separate from, the principal dwelling.

Note. See clause 5.4 for controls relating to the total floor area.

self-storage units means storage premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

semi-detached dwelling means a dwelling that is on its own lot of land (not being an individual lot in a strata plan or community title scheme) and is attached to only one other dwelling.

seniors housing means residential accommodation that consists of:

(a)	a residential care facility, or
(b)	a hostel, or
(c)	a group of self-contained dwellings, or

(d) a combination of these, and that is, or is intended to be, used permanently for:

(e)	seniors or people who have a disability, or
(f)	people who live in the same household with seniors or people who have a disability, or
(g)	staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,

but does not include a hospital.

service station means a building or place used for the sale by retail of fuels and

lubricants for motor vehicles, whether or not the building or place is also used for any

one or more of the following:

(a)	the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)	the cleaning of motor vehicles,
(c)	installation of accessories,
(d)	inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)	the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents. sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated:

(a)	pipelines and tunnels, and
(b)	pumping stations, and
(c)	dosing facilities, and
(d)	odour control works, and
(e)	sewage overflow structures, and
(f)	vent stacks.

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

sewerage system means a biosolids treatment facility, sewage reticulation system,

sewage treatment plant, water recycling facility, or any combination of these.

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex

services).

shop means retail premises that sell groceries, personal care products, clothing,

music, homewares, stationery, electrical goods or other items of general

merchandise, and may include a neighbourhood shop, but does not include food and

drink premises or restricted premises.

shop top housing means one or more dwellings located above (or otherwise attached

to) ground floor retail premises or business premises.

signage means any sign, notice, device, representation or advertisement that

advertises or promotes any goods, services or events and any structure or vessel that

is principally designed for, or that is used for, the display of signage, and includes:

(a)	building identification signs, and
(b)	business identification signs, and
(c)	advertisements,

but does not include traffic signs or traffic control facilities. contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

site area means the area of any land on which development is or is to be carried out.

Note. The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the

following are not included for the purpose of calculating site coverage:

(a)	any basement,
(b)	any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)	any eaves,
(d)	unenclosed balconies, decks, pergolas and the like.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

Special Transitional Sites Map means the Canada Bay Local Environmental Plan

2008 Special Transitional Sites Map.

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

stock and sale yard means a building or place used on a commercial basis for the purpose of offering livestock or poultry for sale and may be used for the short-term storage and watering of stock.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any business premises or retail premises on the same parcel of land.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:

(a)	a space that contains only a lift shaft, stairway or meter room, or
(b)	a mezzanine, or
(c)	an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note. The term is defined as follows:

swimming pool means an excavation, structure or vessel:

(a)	that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)	that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means food and drink premises that are predominantly used for the preparation and sale of food or drink (or both) for immediate consumption away from the premises.

tank-based aquaculture means aquaculture utilising structures that are constructed from materials such as fibreglass, plastics, concrete, glass or metals, are usually situated either wholly or partly above ground, and may be contained within a purpose built farm or industrial style sheds or plastic covered hothouse to assist in controlling environmental factors.

telecommunications facility means:

(a)	any part of the infrastructure of a telecommunications network, or
(b)	any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note. The term is defined as follows:

temporary structure includes a booth, tent or other temporary enclosure (whether or not part

of the booth, tent or enclosure is permanent), and also includes a mobile structure.

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

the Act means the Environmental Planning and Assessment Act 1979.

timber and building supplies means a building or place used for the display, sale

(whether by retail or wholesale) or hire of goods or materials that are used in the

construction and maintenance of buildings.

tourist and visitor accommodation means a building or place that provides

temporary or short-term accommodation on a commercial basis, and includes hotel

or motel accommodation, serviced apartments, bed and breakfast accommodation

and backpackers’ accommodation.

transport depot means a building or place used for the parking or servicing of motor

powered or motor drawn vehicles used in connection with a passenger transport

undertaking, business, industry or shop.

truck depot means a building or place used for the servicing and parking of trucks,

earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf

for that purpose.

vehicle body repair workshop means a building or place used for the repair of

vehicles or agricultural machinery, involving body building, panel building, panel

beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out

repairs or the selling of, and fitting of accessories to, vehicles or agricultural

machinery, but does not include a vehicle body repair workshop.

vehicle sales or hire premises means a building or place used for the display, sale

(whether by retail or wholesale) or hire of motor vehicles, caravans, boats, trailers,

agricultural machinery and the like, whether or not accessories are sold or displayed

there.

veterinary hospital means a building or place used for diagnosing or surgically or

medically treating animals, whether or not animals are kept on the premises for the

purpose of treatment.

viticulture means the cultivation of grapes for commercial purposes for use in the

production of fresh or dried fruit or wine.

warehouse or distribution centre means a building or place used mainly or

exclusively for storing or handling items (whether goods or materials) pending their

sale, but from which no retail sales are made.

waste disposal facility means a building or place used for the disposal of waste by

landfill, incineration or other means, including such works or activities as recycling,

resource recovery and other resource management activities, energy generation from

gases, leachate management, odour control and the winning of extractive material to

generate a void for disposal of waste or to cover waste after its disposal.

waste management facility means a facility used for the storage, treatment, purifying

or disposal of waste, whether or not it is also used for the sorting, processing,

recycling, recovering, use or reuse of material from that waste, and whether or not

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

any such operations are carried out on a commercial basis. It may include but is not

limited to:

(a)	an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b)	eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.

waste or resource management facility means a waste or resource transfer station, a

resource recovery facility or a waste disposal facility.

waste or resource transfer station means a building or place used for the collection

and transfer of waste material or resources, including the receipt, sorting,

compacting, temporary storage and distribution of waste or resources and the loading

or unloading of waste or resources onto or from road or rail transport.

water recreation structure means a structure used primarily for recreational

purposes that has a direct structural connection between the shore and the waterway,

and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage

effluent, stormwater or waste water for use as an alternative supply to mains water,

groundwater or river water (including, in particular, sewer mining works), whether

the facility stands alone or is associated with other development, and includes

associated:

(a)	retention structures, and
(b)	treatment works, and
(c)	irrigation schemes.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.

water storage facility means a dam, weir or reservoir for the collection and storage

of water, and includes associated monitoring or gauging equipment.

water supply system means a water reticulation system, water storage facility, water

treatment facility, or any combination of these.

water treatment facility means a building or place used for the treatment of water

(such as a desalination plant or a recycled or reclaimed water plant) whether the

water produced is potable or not, and includes residuals treatment, storage and

disposal facilities, but does not include a water recycling facility.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water,

including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or

artificial wetland, but does not include a dry detention basin or other stormwater

management construction that is only intended to hold water intermittently.

2008 No 64

Canada Bay Local Environmental Plan 2008

Dictionary

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody

(artificial) or waterbody (natural).

wetland means:

(a)	natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)	artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

BY AUTHORITY