Ashfield Local Environmental Plan 1985 (NSW)
This plan may be cited as Ashfield Local Environmental Plan 1985.
This plan aims to:
(a) promote the orderly and economic development of the local government area of Ashfield in a manner consistent with the need to protect the environment, and
(b) retain and enhance the identity of the Ashfield area derived from its role as an early residential suburb with local service industries and retail centres; and containing the first garden suburb of Haberfield (now listed as part of the National Estate).
This plan applies to the whole of the land within the Municipality of Ashfield as shown on the map with boundaries as indicated on the map.
This plan:
(a) amends the County of Cumberland Planning Scheme Ordinance in the manner set out in clause 5, and
(b) repeals Interim Development Order Nos 1 and 2—Municipality of Ashfield.
The County of Cumberland Planning Scheme Ordinance is amended by omitting from clause 4 the words “applies and the land to which Botany Local Environmental Plan No 11 applies” and by inserting instead the words “Botany Local Environmental Plan No 11 and Ashfield Local Environmental Plan 1985, apply”.
In this plan, except in so far as the context or subject-matter otherwise indicates or requires:
(a) a large area for handling, storage or display, and
(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing.
(a) a continuous black line on white between heavy black lines,
(b) a broken red band between heavy broken black lines, or
(c) a broken red band between a heavy black line and a heavy broken black line.
(a) is attached to that building, or
(b) is used in conjunction with any other use permitted in the zone.
(a) a children’s playground,
(b) an area used for sporting activities or sporting facilities,
(c) an area used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and
(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,
but does not include racecourses and showgrounds.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Ashfield Local Environmental Plan 1985 (Amendment No 1)
• Ashfield Local Environmental Plan 1985 (Amendment No 2)
• Ashfield Local Environmental Plan 1985 (Amendment No 3)
• Ashfield Local Environmental Plan 1985 (Amendment No 5)
• Ashfield Local Environmental Plan 1985 (Amendment No 6)
• Ashfield Local Environmental Plan 1985 (Amendment No 8)
• Ashfield Local Environmental Plan 1985 (Amendment No 9)
• Ashfield Local Environmental Plan 1985 (Amendment No 10)
• Ashfield Local Environmental Plan 1985 (Amendment No 11)
• Ashfield Local Environmental Plan 1985 (Amendment No 12)
• Ashfield Local Environmental Plan 1985 (Amendment No 14)
• Ashfield Local Environmental Plan 1985 (Amendment No 15)
• Ashfield Local Environmental Plan 1985 (Amendment No 17)
• Ashfield Local Environmental Plan 1985 (Amendment No 19)
• Ashfield Local Environmental Plan 1985 (Amendment No 21)
• Ashfield Local Environmental Plan 1985 (Amendment No 22)
• Ashfield Local Environmental Plan 1985 (Amendment No 23)
• Ashfield Local Environmental Plan 1985 (Amendment No 24)
• Ashfield Local Environmental Plan 1985 (Amendment No 25)
• Ashfield Local Environmental Plan 1985 (Amendment No 26)
• Ashfield Local Environmental Plan 1985 (Amendment No 27)
• Ashfield Local Environmental Plan 19885 (Amendment No 29)
• Ashfield Local Environmental Plan 1985 (Amendment No 30)
• Ashfield Local Environmental Plan 1985 (Amendment No 33)
• Ashfield Local Environmental Plan 1985 (Amendment No 34)
• Ashfield Local Environmental Plan 1985 (Amendment No 35)
• Ashfield Local Environmental Plan 1985 (Amendment No 36)
• Ashfield Local Environmental Plan 1985 (Amendment No 37)
• Ashfield Local Environmental Plan 1985 (Amendment No 38)
• Ashfield Local Environmental Plan 1985 (Amendment No 39)
• Ashfield Local Environmental Plan 1985 (Amendment No 40)
• Ashfield Local Environmental Plan 1985 (Amendment No 41)
• Ashfield Local Environmental Plan 1985 (Amendment No 45)
• Ashfield Local Environmental Plan 1985 (Amendment No 47)
• Ashfield Local Environmental Plan 1985 (Amendment No 48)
• Ashfield Local Environmental Plan 1985 (Amendment No 49)
• Ashfield Local Environmental Plan 1985 (Amendment No 52)—Sheet 2 (Pages 1 and 2)
• Ashfield Local Environmental Plan 1985 (Amendment No 57)
• Ashfield Local Environmental Plan 1985 (Amendment No 60)
• Ashfield Local Environmental Plan 1985 (Amendment No 65)
• Ashfield Local Environmental Plan 1985 (Amendment No 69)
• Ashfield Local Environmental Plan 1985 (Amendment No 70)
• Ashfield Local Environmental Plan 1985 (Amendment No 71)—Sheet 1
• Ashfield Local Environmental Plan 1985 (Amendment No 72)—Sheet 1
• Ashfield Local Environmental Plan 1985 (Amendment No 74)
• Ashfield Local Environmental Plan 1985 (Amendment No 75)
• Ashfield Local Environmental Plan 1985 (Amendment No 76)
• Ashfield Local Environmental Plan 1985 (Amendment No 79)
• Ashfield Local Environmental Plan 1985 (Amendment No 81)
• Ashfield Local Environmental Plan 1985 (Amendment No 82)
• Ashfield Local Environmental Plan 1985 (Amendment No 86)
• Ashfield Local Environmental Plan 1985 (Amendment No 90)
• Ashfield Local Environmental Plan 1985 (Amendment No 102)
• Ashfield Local Environmental Plan 1985 (Amendment No 104)
• Ashfield Local Environmental Plan 1985 (Amendment No 114)—Sheets 1–6
The following terms have the same meaning in this plan as they have in the Environmental Planning and Assessment Act 1979:
In this plan, except in so far as the context or subject-matter otherwise indicates or requires, a reference:
(a) to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,
(b) to a map is a reference to a map deposited in the office of the council, and
(c) to land within a zone specified in the table to clause 10 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.
The council shall be the consent authority for the purposes of this plan.
Except as provided by subclause (2), the Environmental Planning and Assessment Model Provisions 1980, other than the definitions of
For the purposes of this plan:
(a) a reference in the Environmental Planning and Assessment Model Provisions 1980 to an arterial road shall be construed as a reference to a county road, and
(b) clause 19 of the Environmental Planning and Assessment Model Provisions 1980 shall be adopted as if amended by inserting after the words “service station” the words “or a car repair station”.
Development listed in Schedule 8 is exempt development, except as provided by subclauses (2) and (3).
Development is exempt development only if:
(a) it is of minimal environmental impact, and
(b) it meets the requirements specified for it in Schedule 8, and
(c) it is ancillary to an existing lawful use, and
(d) it does not contravene any condition of a development consent applying to the land, and
(e) it is contained wholly within the land on which it is carried out, and
(f) it complies with any relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(g) it does not obstruct drainage on the site on which it is carried out, and
(h) it does not restrict any vehicular or pedestrian access to or from the site, and
(i) it is carried out at least one metre from any easement or public sewer main and complies with the building-over-sewer requirements of Sydney Water Corporation applying to the land, and
(j) it does not require a tree to be removed, and
(k) the total hard surface area on the site after it is carried out does not exceed any limit provided in an environmental planning instrument or development control plan applying to the land, and
(l) it is carried out with the agreement of the owner of the land, and
(m) if it involves the installation of any article or equipment, the article or equipment is installed to any relevant manufacturer’s specifications, and
(n) when it is carried out, no dimensional requirement of an environmental planning instrument or development control plan applying to the land is exceeded.
Development is not exempt development if it is carried out on land that is the site of a heritage item or is in a heritage conservation area.
Development listed in Schedule 9 is complying development if:
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an
existing use , as defined in section 106 of the Act,
except as provided by subclauses (2) and (3).
Development is complying development only if:
(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(b) it complies with the development standards and other requirements specified in Schedule 9 for the development, and
(c) it complies with the relevant development standards set for the development by this plan and by any other environmental planning instrument applying to the land, and
(d) no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and
(e) it does not contravene any condition of a development consent applying to the land.
Development is not complying development if it is carried out on land that:
(a) is within a heritage conservation area or is the site of a heritage item, or
(b) is a site that has previously been used:
(i) as a service station, or
(ii) for waste storage or waste treatment, or
(iii) for the manufacture of chemicals, asbestos or asbestos products,
and a notice of completion of remediation work for the proposed use has not been given to the council in accordance with State Environmental Planning Policy No 55—Remediation of Land.
Each complying development certificate is subject to the conditions specified in Schedule 10.
A complying development certificate is taken to satisfy any requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove an exotic tree under 4 metres high if the carrying out of the complying development necessitates the removal of the tree.
Section 76A (6) of the Environmental Planning and Assessment Act 1979 says that development cannot be complying development on land that:
(a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or
(b) is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or
(c) comprises, or on which there is, an item of environmental heritage:
(i) that is subject to an interim heritage order under the Heritage Act 1977, or that is listed on the State Heritage Register under that Act, or
(ii) that is identified as such an item in an environmental planning instrument, or
(d) identified as an environmentally sensitive area in this plan.
For the purposes of this plan, land to which this plan applies shall he within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone.
Zone No 2 (a) (Residential Zone)—coloured light scarlet with heavy black edging and lettered “2 (a)”.
Zone No 2 (b) (Residential Zone)—coloured light scarlet with heavy black edging and lettered “2 (b)”.
Zone No 2 (c) (Residential Zone)—coloured light scarlet with heavy black edging and lettered “2 (c)”.
Zone No 3 (a) (General Business Zone)—coloured light blue with heavy black edging and lettered “3 (a)”.
Zone No 3 (b) (Special Business Zone)—coloured light blue with heavy black edging and lettered “3 (b)”.
Zone No 3 (c) (Neighbourhood Business Zone)—coloured dark blue with heavy black edging and lettered “3 (c)”.
Zone No 3 (d) (Business Park)—coloured blue with heavy black edging and lettered “3 (d)”.
Zone No 4 (b) (Light Industrial Zone)—coloured purple with heavy black edging and lettered “4 (b)”.
Zone No 5 (a) (Special Uses, Schools, etc Zone)—coloured Yellow with heavy black edging and lettered “5 (a)”.
Zone No 5 (b) (Special Uses, Railways Zone)—coloured blue purple with heavy black edging and lettered “5 (b)”.
Zone No 6 (a) (Open Space, Existing Recreation Zone)—coloured dark green with heavy black edging and lettered “6 (a)”.
Zone No 6 (b) (Open Space, Private Recreation Zone)—coloured dark green with heavy black edging and lettered “6 (b)”.
Zone No 9 (a) (Local Open Space, Reservation Zone)—coloured light green with heavy black edging and lettered “9 (a)”.
Zone No 9 (b) (County Road, Reservation Zone)—identified by broken red bands between heavy broken black lines and lettered “9 (b)”.
Zone No 9 (c) (County Road Widening Zone)—identified by broken red bands between a heavy black line and a heavy broken black line and lettered “9 (c)”.
Zone No 9 (d) (Special Uses Reservation Zone)—coloured yellow with heavy black edging and lettered “9 (d)”.
Zone No 9 (e) (Local Road Widening Reservation Zone)—coloured grey with heavy black edging and lettered “9 (e)”.
Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:
(a) development may be carried out without development consent,
(b) development may be carried out only with development consent, and
(c) development is prohibited,
are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Child care centres; dwelling-houses; educational establishments; home industries; home occupations; hospitals not exceeding one storey in height; open space; places of public worship; professional consulting rooms; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 1 or 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Child care centres; dwelling-houses; educational establishments; home industries; home occupations; hospitals not exceeding one storey in height; open space; places of public worship; professional consulting rooms; residential flat buildings; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 1 or 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Boarding-houses; child care centres; dwelling-houses; educational establishments; home occupations; hospitals; open space; professional consulting rooms; places of public worship; public buildings; residential flat buildings; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 1 or 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Any purpose other than a purpose included in item 3.
Caravan parks; car repair stations; dwellings other than those used in conjunction with shops and commercial premises; gas holders; generating works; industries referred to in Schedule 4; liquid fuel depots; mines; motels; motor showrooms; rag collecting and dealing; roadside stalls; stock and sale yards; transport terminals; warehouses; wholesale markets.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Boarding-houses; boat sales and service; caravan sales and service; car repair stations; car wash stations; child care centres; clubs; commercial premises other than those used for rag collecting and dealing; drive-in take-away establishments; dwellings used in conjunction with commercial premises; motels; motor showrooms; open space; parking; public buildings; refreshment rooms; roads; service stations; shops not exceeding 90 square metres in gross floor area referred to in Schedule 3; taverns; tyre sales; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Child care centres; commercial premises other than those used for rag collecting and dealing; dwellings attached to and used in conjunction with commercial premises; open space; parking; public buildings; purposes referred to in Schedule 2; roads; shops; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Bulkstores; dwellings used in conjunction with industries and situated on the same land as the industries; commercial premises; industries/other than those referred to in Schedule 4; open space; parking; roads; service stations; shops and refreshment rooms which service the convenience needs of the neighbourhood; shops referred to in Schedule 3; utility installations (other than gas holders or generating works); warehouses.
Any purposes other than a purpose included in item 1 or 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Bulkstores; dwellings used in conjunction with industries and situated on the same land as the industries; industries other than those referred to in Schedule 4; open space; parking; roads; service stations; shops referred to in Schedule 3; utility installations (other than gas holders or generating works); video shops; warehouses.
Any purpose other than a purpose included in item 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
The particular purpose indicated by red lettering on the map; drainage; open space; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings, roads
Any purpose authorised by the Government Railways Act 1912.
Any purpose other than a purpose included in item 2.
Bushfire hazard control, exempt development, gardening and landscaping (not being purposes which involve the erection of a building).
Bushfire hazard control, gardening and landscaping (being purposes which involve the erection of a building); drainage; recreation areas; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 1 or 2.
Bushfire hazard control, exempt development, gardening and landscaping (not being purposes which involve the erection of a building).
Bushfire hazard control, gardening and landscaping (being purposes which involve the erection of a building); drainage; recreation areas; roads; utility installations (other than gas holders and generating works).
Any purpose other than a purpose included in item 1 or 2.
Bushfire hazard control, exempt development, gardening and landscaping (not being purposes which involve the erection of a building); public parks.
Bushfire hazard control, gardening and landscaping (being purposes which involve the erection of a building); drainage; recreation areas; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 1 or 2.
County roads, exempt development.
Drainage; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 1 or 2.
Exempt development, widening of existing county roads.
Drainage; utility installations (other than gas holders or generating works.
Any purpose other than a purpose included in item 1 or 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Drainage; open space; roads; the particular purposes indicated by black lettering on the map; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in item 2.
Exempt development, flood mitigation, public utility undertakings, railway undertakings.
Widening of existing local roads.
Any purpose other than a purpose included in item 2.
Land to which this plan applies may be subdivided, but only with development consent.
The following development must not be carried out on land to which this plan applies without development consent:
(a) change of building use,
(b) demolition.
Except as provided by subclause (2), the council shall not consent to development for the purposes of a dwelling-house on an allotment of land within Zone No 2 (a), 2 (b) or 2 (c) unless:
(a) where the allotment is hatchet-shaped—it has an area of not less than 700 square metres, or
(b) in any other case:
(i) the allotment has an area of not less than 500 square metres, and
(ii) the allotment is not less than 15 metres wide at the front alignment of the proposed dwelling-house.
The council may consent to the erection of a dwelling-house on an allotment of land which does not comply with subclause (1) where the allotment was in existence as a separate allotment on the appointed day.
For the purposes of subclause 1 (a), in calculating the area of a hatchet-shaped allotment, the area of any access corridor shall be disregarded.
In this clause,
A person shall not erect a dwelling-house which contains more than:
(a) in the case of land within Zone No 2 (a) or 2 (b)—2 floors, or
(b) in the case of land within Zone No 2 (c)—3 floors,
except with the consent of the council.
Subject to subclauses (2) and (3), a person may, with the consent of the Council, within Zone No 2 (a), 2 (b) or 2 (c):
(a) alter or add to a dwelling-house erected on an allotment so as to create 2 dwellings, or
(b) erect 2 attached dwellings on an allotment, or
(c) erect 2 dwelling-houses on an allotment, or
(d) erect a second dwelling-house in addition to one already erected on an allotment, or
(e) alter or add to a dwelling-house or to any other building erected on an allotment so as to create 2 dwelling-houses,
if, but only if, not more than 2 dwellings will be on the allotment as a result of the development being carried out.
Development allowed by this clause may be carried out in a heritage conservation area within the meaning of Part 4 only if that development will result in two attached dwellings.
The Council may refuse consent for any such development if it considers the proposal will have an adverse impact on the significance of any heritage conservation area or heritage item.
(Repealed)
In this clause,
A person shall not, upon an allotment of land within a zone specified in Column 1 of the Table to this clause, erect a building with a floor space ratio that exceeds the ratio set out opposite the zone in Column 2 of that Table.
Table
Column 1 | Column 2 |
Zone | Floor space ratio |
2 (a), where within a heritage conservation area | 0.5:1 |
2 (a), where not within a heritage conservation area, 2 (b), 2 (c) | 0.75:1 |
3 (a) if the land is shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” | As provided by clause 17B. |
3 (a) if the land is shown edged with an unbroken heavy black line on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 79)” | 1.8:1 |
3 (a) if the land is not shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” or with an unbroken heavy black line on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 79)”. | 1:1 |
3 (b) | 0.5:1 |
3 (c) | 0.5:1 |
3 (d) | 1.5:1 |
4 (b) | 1:1 |
This clause applies to land within Zone No 2 (b) or 2 (c).
In this clause:
The maximum height to which a residential flat building may be erected on land to which this clause applies shall be:
(a) in the case of a building within Zone No 2 (b)—6 metres, and
(b) in the case of a building within Zone No 2 (c)—9 metres.
This clause does not apply to land within Zone No 2 (c) shown edged heavy black and lettered “2 (c)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 79)”.
This clause applies to land within Zone No 3 (a) that is shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”.
The Council must not grant consent for buildings on land to which this clause applies if the floor space ratio of the buildings would exceed the base floor space ratio shown for the land on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”, except as provided by subclause (3).
The Council may consent to a building on a site of land to which this clause applies which is also land shown edged with a broken or unbroken heavy black line on Sheet 3 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” that will result in the gross floor area of the buildings on the site being greater than that allowed by that base floor space ratio by no more than an amount equivalent to the site area, subject to subclause (4).
The Council may grant a consent pursuant to subclause (3) only if it is satisfied that the additional floor area will be developed as referred to on Sheet 3 of that map in relation to the land concerned and only if the Council is satisfied that the additional development allowed will not result in an adverse impact on any of the following:
(a) the scale and character of the streetscape,
(b) the amenity of any existing or potential residential units on neighbouring land,
(c) sunlight access to surrounding streets, open space and nearby properties,
(d) wind flow patterns to surrounding streets, open space and nearby properties.
Development for the purpose of an advertisement that is:
(a) not exempt development, and
(b) not prohibited development,
may be carried out only with consent.
Despite any other provision of this plan, development may be carried out with consent for the purpose of an advertisement that directs the travelling public to a specific tourist facility or place of scientific, historic or scenic interest, if the council is satisfied that:
(a) the principal purpose of the advertisement is to direct the travelling public to that facility or place, and
(b) the dimensions (including the area) and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.
Development for the purpose of an advertisement on land within a Special Uses or Open Space zone is prohibited unless:
(a) it is exempt development, or
(b) it is allowed with consent under subclause (2).
Despite subclause (3), the council may consent to development for the purpose of an advertisement on the land within Zone No 6 (a) known as Pratten Park, provided the advertisement is in accordance with a plan of management adopted under the provisions of section 40 of the Local Government Act 1993.
In this clause:
(a) hotels, motels, bed and breakfast accommodation, serviced apartments, holiday cabins, caravan parks, camping grounds and houseboats, and associated swimming pools, golf courses, tennis courts and marinas, or
(b) restaurants, or
(c) souvenir shops, arts and crafts galleries and exhibition centres.
(Repealed)
A person shall not erect or use a building for the purposes of a club which is or is proposed to be registered under the Registered Clubs Act 1976, on an allotment of land within Zone No 3 (a) or 3 (b) unless the allotment:
(a) has an area of not less than 4 000 square metres, and
(b) has a frontage to any road of not less than 30 metres.
A person shall not carry out development for the purposes of a motor showroom on an allotment of land unless:
(a) where the allotment has a frontage to a main road or county road and has access to another road which is not a main road or county road—vehicular access to the allotment is by means only of that other road,
(b) the allotment has an area of not less than 1 000 square metres,
(c) the allotment has a frontage to any road of not less than 30 metres, and
(d) where the allotment is a corner lot—the council is satisfied that the layout and placement of caravans, boats or motor vehicles (as the case may be) will not obstruct the vision of drivers using any intersection to which the allotment has frontage.
A person shall not carry out development for the purposes of an industry on an allotment of land within Zone No 4 (b) unless the allotment:
(a) has an area of not less than 1 000 square metres, and
(b) has a frontage to any road of not less than 21 metres.
Nothing in subclause (1) prevents the council from consenting to development for the purposes of an industry on an allotment of land which was in existence as a separate allotment on the appointed day.
A person shall not erect or use a building on an allotment of land within Zone No 4 (b):
(a) for the purposes of any industry—unless the building is not less than 15 metres from the nearest alignment of a main road or county road, or
(b) for any other purpose—unless the building is not less than 8 metres from the nearest alignment of a main or county road.
A person shall not erect a building on an allotment of land within Zone No 4 (b) unless:
(a) provision is made on the allotment for car parking spaces at the rate of either:
(i) 1 parking space for every 2 employees of the occupier or proposed occupier of the allotment, or
(ii) 1 parking space for every 46 square metres of gross floor area of the building,
whichever results in the greater number of parking spaces being provided, and
(b) that part of the site not occupied by buildings is landscaped to the satisfaction of the council.
This clause applies to land in Zone No 5 (a) that is zoned as follows:
(a) Special Uses (Church),
(b) Special Uses (Church and School),
(c) Special Uses (School),
(d) Special Uses (Kindergarten),
(e) Special Uses (Civic Purposes),
(f) Special Uses (Community),
(g) Special Uses (Community Purposes).
Despite any other provision of this plan, a person may, with the consent of the Council, carry out development for the purpose of a market on land to which this clause applies.
In this clause,
The council shall not consent to the carrying out of development on land within Zone No 6 (a), being land owned or controlled by the council, unless consideration has been given to:
(a) the need for the proposed development on that land,
(b) the impact of the proposed development on the existing or likely future use of the land, and
(c) the need to retain the land for its existing or likely future use.
(Repealed)
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
The owner of land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d) may, by notice in writing, require:
(a) in the case of land within Zone No 9 (b) or 9 (c) upon which 1 or more buildings are erected—the Commissioner for Main Roads,
(b) in the case of land within Zone No 9 (b) or 9 (c) (other than land referred to in paragraph (a))—the corporation constituted under section 8 (1) of the Act,
(c) in the case of land within Zone No 9 (d) reserved for Special Uses (School)—the Minister for Education, and
(d) in any other case—the council,
to acquire that land.
On receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.
Notwithstanding clause 10, development may, with the consent of the council, be carried out for any purpose on land within a zone referred to in subclause (1) if the council is satisfied that development of the land for the purpose for which the land is zoned is not imminent.
In considering whether to grant consent under subclause (3), the council must take the following into consideration:
(a) the imminence of development of the land for the purpose for which it is reserved,
(b) whether the proposed development will render the land unfit for that purpose,
(c) the cost of the reinstatement of the land for that purpose,
(d) whether a refusal to grant consent will cause undue financial hardship to any owner, mortgagee or lessee of the land.
For the purpose of enabling development to be carried out in accordance with this plan (as in force when the development is carried out) or in accordance with a consent granted under the Act:
(a) in relation to development carried out in accordance with clause 13:
(i) section 314 (1) (c) of the Local Government Act 1919,
(ii) Schedule 7 to that Act, and
(iii) section 37 of the Strata Titles Act 1973, and
(b) in relation to development within any zone, other than Zone No 2 (a), 2 (b) or 2 (c)—the operation of any covenant, agreement or instrument imposing restrictions on the development,
to the extent necessary to serve that purpose, shall not apply to any such development.
Pursuant to section 28 of the Act, before the making of this plan:
(a) the Governor approved of subclause (1),
(b) the Minister for the time being administering the provisions of the Local Government Act 1919, referred to in that subclause concurred in writing in the recommendation for the approval of the Governor of subclause (1) (a) (i) and (ii), and
(c) the Minister for the time being administering the provisions of the Strata Titles Act 1973, concurred in writing in the recommendation for the approval of the Governor of subclause (1) (a) (iii).
To the extent necessary to enable development to be carried out on land known as 554 Parramatta Road, and 18 and 20 Knocklayde Street, Ashfield, shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 41)”:
(a) in accordance with this plan (as in force when the development is carried out), or
(b) in accordance with a consent granted under the Act,
any agreement, covenant or like instrument that, in the absence of this subclause, would prohibit or restrict the carrying out of that development shall not apply to the development.
Before Ashfield Local Environmental Plan 1985 (Amendment No 66) was made, the Governor approved of subclause (3) pursuant to section 28 of the Act.
As a consequence of the carrying out of development in accordance with this plan (as in force at the time the development is carried out) this plan identifies a likely increased demand for public amenities and public services (as specified in Schedule 5) and stipulates that dedication or a contribution under section 94 (1) of the Act, or both, may be required as a condition of any consent to that development.
The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The aims of this Part are:
(a) to retain the identity of Ashfield by conserving its environmental heritage, which includes the first garden suburb of Haberfield now listed as part of the National Estate, and
(b) to integrate heritage conservation into the planning and development control processes, and
(c) to provide for public involvement in the conservation of Ashfield’s environmental heritage, and
(d) to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings as well as landscapes and streetscapes and the distinctive character that they impart to the land to which this plan applies.
In this Part:
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Ashfield Local Environmental Plan 1985 (Amendment No 92)—Heritage Conservation Map
• Ashfield Local Environmental Plan 1985 (Amendment No 99)—Heritage Conservation Map
• Ashfield Local Environmental Plan 1985 (Amendment No 101)—Heritage Conservation Map
(a) the use or settlement of the area of Ashfield, not being Aboriginal habitation, which is more than 50 years old, or
(b) Aboriginal habitation of the area of Ashfield whether before or after its occupation by persons of non-Aboriginal extraction.
The following development may be carried out only with development consent:
(a) demolishing, defacing, damaging or moving a heritage item, or a building, work, relic or place within a heritage conservation area, or
(b) altering a heritage item, or a building, work, relic or place within a heritage conservation area by making structural changes to its exterior, or
(c) altering a heritage item, or a building, work, relic or place within a heritage conservation area by making non-structural changes to the detail, fabric, finish, or appearance of its exterior, except changes resulting from any maintenance necessary for its on-going protective care which does not adversely affect its heritage significance, or
(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or
(e) erecting a structure on, or subdividing land on which a heritage item is located or which is within a heritage conservation area.
Development consent is not required by this clause:
(a) if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or the heritage conservation area, or
(b) for the maintenance of, or emergency work to, a utility installation.
When determining a development application required by this clause, the Council must assess the heritage significance of the heritage item or heritage conservation area, and must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.
The Council may decline to grant consent to a development application with respect to the carrying out of development within a heritage conservation area or on a heritage item until the Council has considered a conservation plan or heritage impact report that:
(a) assesses the conservation and heritage significance of that item or building, work, relic or place within a heritage conservation area and describes its heritage significance as part of the environmental heritage of the local government area of Ashfield, and
(b) sets out any steps to be taken to mitigate any likely adverse impact on the heritage significance of that item, or building, work, relic or place within a heritage conservation area.
When determining a development application for land within a heritage conservation area, the Council must make an assessment of:
(a) the relationship of the proposed development to the general pattern of development within the conservation area, and
(b) the pitch and form of the roof, if any, and
(c) the style, size, proportion and position of the openings for windows or doors, if any, and
(d) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of any building or work are compatible with those of the materials used within the heritage conservation area, and
(e) the style, size, proportion, position and layout of paths, walls, fences, gates, garden beds and plantings.
(Repealed)
Before granting development consent to the demolishing, defacing or damaging of a heritage item, the Council must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.
The Council must not grant a consent required by clause 32 for land within the Haberfield Heritage Conservation Area unless:
(a) where the application proposes to add accommodation to a dwelling, the Council is satisfied that, in addition to the other requirements of this Part, such accommodation will be:
(i) if in a level above the main floor, contained wholly within the existing roof form of the dwelling, and
(ii) if arranged as an attic room within part of an extension to an existing dwelling, contained wholly within the roof form of the extension, and
(b) where it is proposed to use the natural slope of the land to add habitable accommodation in a level below that of an existing house, the Council is satisfied that such basement accommodation:
(i) does not require major excavation of the site to achieve the accommodation or access, and
(ii) does not change the setting of the existing house, and
(iii) does not have doors and windows visible from a public place, whether or not alternative means are used to screen the accommodation, and
(c) the Council is satisfied that in all respects the existing house retains the appearance of a single storey dwelling when seen from any public place, and
(d) where the application applies to a shop or a commercial building, the Council is satisfied that such development:
(i) is sympathetic to, and does not detract from, the form and character of the building and its setting, and
(ii) retains the original features of facade, including all details above and below the awning level, and
(e) the Council has made an assessment of whether the building or work constitutes a danger to its users or occupiers, or to the public.
The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:
(a) the floor space ratio exceeds 0.5:1, or
(b) the landscaped area of the site of the dwelling house is less than 50% of the total area of the allotment on which it is situated, or
(c) the landscaped areas located at the front, side and rear of the house are not compatible with the character of the garden setting of the site and of other properties within its vicinity, or
(d) the dwelling house is not visually compatible in height to adjacent houses, or
(e) the development proposed would create a new room wholly or partly above a room in the dwelling house that existed when this paragraph commenced, unless:
(i) the development consists of no more than two habitable rooms, and
(ii) the development is contained within the existing roof form and the existing eaves line is retained, and
(iii) in the case of alterations and additions, the construction of any attic room is contained within the roof form of the addition which in all respects complies with the aims and objectives of this Part, and
(iv) all requirements for health, daylight and ventilation for any attic room involved can be provided by in-plane roof lights facing the rear of the property, and
(v) all requirements for health, daylight and ventilation do not entail the use of more than one in-plane roof light per roof face, or
(f) the application includes dormer or gablet windows.
(Repealed)
The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:
(a) it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and
(b) (Repealed)
(c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:
(a) it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b) (Repealed)
(c) it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
The Council must assess and take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.
The Council may grant consent to the use, for any purpose, of a building that is a heritage item or within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:
(a) the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, or the amenity of any surrounding or adjacent residential area, and
(b) the conservation of the building depends on the granting of the consent.
When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the consent authority may, for the purpose of determining:
(a) the floor space ratio, and
(b) the number of parking spaces to be provided on the site,
exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land but only if the consent authority is satisfied that the conservation of the building depends on it making the exclusion.
This clause applies to land known as 476 Parramatta Road, Ashfield.
Notwithstanding any other provision of this plan, a person may, but only with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a bulky goods salesroom or showroom.
Despite any other provisions of this plan, a person may, with the consent of the Council, construct multiple dwellings on land shown edged in heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 61)”.
In determining whether to grant consent to development of any land to which this clause applies, the Council must consider:
(a) the extent to which the land may be contaminated such that there is likely to be an immediate or long-term hazard to human health or the environment, and
(b) the need for remediation in order to remove or reduce any such hazard, and
(c) the impact of any required remediation on adjoining land.
This clause applies to land adjacent to Brown Street and Markham Avenue, Ashfield, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 70)”.
Despite any other provisions of this plan, the maximum floor space ratio applying to the land to which this clause applies shall be the same maximum floor space ratio as would result under clause 17B if the land were part of the adjoining land within Zone No 3 (a) to which that clause applies.
This clause applies to land known as 4 Parramatta Road, Summer Hill, and 47 Dover Street, Summer Hill.
Notwithstanding any other provision of this plan, a person may, but only with the consent of the Council, carry out development on 4 Parramatta Road, Summer Hill, for the purpose of retail sale of electrical goods and 47 Dover Street, Summer Hill, for the purpose of offices and car parking.
This plan applies to land known as Nos 105–109 Liverpool Road and 1 and 1a Elizabeth Avenue, Ashfield, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 67)”.
Despite any other provision in this plan, a person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a temporary car park in connection with the use of Western Suburbs Leagues Club, for a period not exceeding 4 years from the date on which Ashfield Local Environmental Plan 1985 (Amendment No 67) was published in the Gazette.
This clause applies to land within Zone No 3 (a) or 3 (c).
A person may, with the consent of the Council, carry out mixed development (being development for residential and commercial purposes) on the land to which this clause applies.
This clause applies to land within Zone No 3 (a) or 3 (c), but not to:
(a) any land within the Haberfield Heritage Conservation Area, or
(b) any land within the Ashfield Town Centre, or
(c) land with a frontage to Parramatta Road except the land known as Nos 580–586 Parramatta Road (to which this clause does apply).
The Council may grant consent for a mixed development building (being a building used for residential and commercial purposes) having a floor space ratio greater than the maximum allowed by clause 17 (Floor space ratios), if:
(a) the floor space ratio does not exceed that maximum by more than 0.5:1, and
(b) the Council is satisfied that the additional floor area (being the floor area that would not be allowed by that maximum) is only used for residential purposes.
This clause applies to land known as No 91A Smith Street, Summer Hill, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 63)”.
Despite any other provisions of this plan, a person may, with the consent of the Council, erect a residential flat building on land to which this clause applies, but only if:
(a) the floor space ratio of all buildings on the land will not exceed 1:1, and
(b) the Council is satisfied that adequate vehicular access will be available to the site of the proposed development and that adequate vehicular access will be maintained to adjoining properties.
This clause applies to land adjacent to Liverpool Road and the railway line, Ashfield, being land zoned Special Uses (Club), as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 75)”.
Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development for the purposes of auxiliary power generating plant and residential uses, including motel units and serviced apartments.
The Council must not grant consent for a building on land to which this clause applies if:
(a) the floor space ratio of the building would exceed 3:1, and
(b) the vertical distance between any level on the natural ground surface of the site area on which the building is proposed to be erected and the ceiling of the topmost habitable floor of the building exceeds 25 metres.
This clause applies to land fronting Smith Street, Summer Hill, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 77)”.
Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development for the purpose of community facilities on the land to which this clause applies.
This clause applies to land known as No 60 Dalhousie Street, Haberfield, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 78)”.
Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development allowed within Zone No 3 (a) on the land to which this clause applies.
A person shall not, on land to which this clause applies, erect a building with a floor space ratio that exceeds 0.6:1.
When considering the granting of consent for development allowed by this clause, the Council must take into account the extent to which the development will retain the existing post-office activities.
This clause applies to certain land zoned County Road Widening along Liverpool Road, Ashfield and to land zoned Special Uses (Club), as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 81)”.
Despite any other provisions of this plan, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purpose of club facilities, residential uses (including motel units and serviced apartments), and open space.
The land zoned Special Uses (Club) may be utilized, with the consent of Council, for purposes permitted in the Special Uses (Railway) zone.
This clause applies to the land to which Ashfield Local Environmental Plan 1985 (Amendment No 86) applies.
Despite any other provision of this plan, the Council may grant consent to development on the land to which this clause applies for the purposes of mixed development provided:
(a) the floor space ratio of the building resulting from the development does not exceed 2.5:1, and
(b) the building does not contain in excess of 100 square metres of floor space used or to be used for the purposes of a shop or commercial premises, and
(c) the height of the building does not exceed four storeys.
This clause applied to land, being 85 Victoria Street, Ashfield, as shown coloured light scarlet, edged heavy black and lettered “2 (a)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 90)”.
Despite any other provision of this plan, development of the land to which this clause applies (including any subdivision of the land or the adjustment of any boundaries) may be carried out only if the proposed development:
(a) will, in the opinion of the Council, not adversely affect the heritage significance of the heritage item situated on the land, known as “Mountjoy”, and
(b) will maintain an appropriate curtilage around, and the existing vehicular access, to the heritage item to the satisfaction of the Council, and
(c) will retain the established landscape features on the land to the satisfaction of the Council.
This clause applies to land known as the Ashfield Public School Playing Fields Site, 3 Orchard Crescent and 209 Liverpool Road, Ashfield, as shown edged by a heavy black line on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 87)”.
Despite any other provision of this plan, non-residential development on the land to which this clause applies is restricted to a maximum floor space ratio of 1:1 and, within this, the retail floor area is limited to a maximum total area of 1,000 square metres.
This clause applies to the land to which Ashfield Local Environmental Plan 1985 (Amendment No 91) applies.
Despite any other provision of this plan, the Council may grant consent to development of the land to which this clause applies if:
(a) the proposed development is development for the purpose of any one or more of the following:
(i) health consulting rooms (being a room or a number of rooms used to provide professional medical treatment or other health care services to members of the public),
(ii) commercial premises,
(iii) a refreshment room that is to be operated as an ancillary to health consulting rooms or commercial premises, and is to be operated only during the hours of operation of those rooms or premises,
(iv) shops that meet the criteria set out in subclause (3), and
(b) any building resulting from the carrying out of the development:
(i) will not exceed 3.5 metres in height (measured from natural ground level to the ceiling), and
(ii) will have a floor space ratio of no more than 0.6:1.
The criteria to be met by shops are the following:
(a) the shops will occupy no more than 40% of the gross floor area of any building resulting from the development,
(b) no shop will have an area of more than 300 square metres,
(c) no drive-through facilities will be provided.
This clause applies to Lot B, DP 344159, known as 93 Milton Street, Ashfield.
Despite any other provision of this plan, the Council may grant consent to the carrying out of development on the land to which this clause applies for the purpose of a hospital, provided the height of the building does not exceed two storeys.
This clause applies to land known as 412–416 Liverpool Road, Croydon, as shown edged heavy black on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 109)”.
Despite any other provision of this plan, the Council may grant consent to the carrying out of development on the land to which this clause applies for the purpose of a shop that exceeds 90 square metres in gross floor area.
This clause applies to land within the local government area of Ashfield as shown edged heavy black on Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 102)”.
Despite any other provision of this plan, the Council may grant consent to the carrying out of development on the land to which this clause applies for the purpose of a taxi-cab base.
This clause applies to land at 11–13 Hercules Street, Ashfield as shown edged heavy black and lettered “3 (a)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 104)”.
In determining whether to grant consent to development of any land to which this clause applies, the Council must consider:
(a) the extent to which the land may be contaminated such that there is likely to be an immediate or long-term hazard to human health or the environment, and
(b) the need for remediation in order to remove or reduce any such hazard, and
(c) the impact of any required remediation on adjoining land.
The Council must not grant consent to development that would result in a building on land to which this clause applies having a floor space ratio that exceeds 2:1.
The Council may grant consent for a mixed development building (being a building used for residential and commercial purposes) having a floor space ratio greater than the maximum allowed by subclause (3), if:
(a) the floor space ratio of the building does not exceed 3:1, and
(b) the Council is satisfied that the additional floor area (being the floor area that would not be allowed by that maximum) is only used for residential purposes, and
(c) the Council is satisfied that the development will not result in an adverse impact on any one or more of the following:
(i) the scale and character of the streetscape,
(ii) the amenity of any existing or potential residential units on neighbouring land,
(iii) sunlight access to surrounding streets, open space and nearby properties,
(iv) wind flow patterns to surrounding streets, open space and nearby properties.
Clauses 17 and 40 do not apply to land to which this clause applies.
This clause applies to land in the vicinity of Milton Street and Park Avenue, Ashfield and shown coloured light scarlet and edged heavy black on Sheet 1 of the series of maps marked “Ashfield Local Environmental Plan 1985 (Amendment No 114)” deposited in the office of the Council.
Despite clause 11, the Council may consent to the erection of a dwelling-house on an allotment of land that has an area of less than 500 m
(a) the minimum area of the allotment on which the dwelling-house is to be erected is between 170 and 250 square metres (exclusive of the area of any access corridor), and
(b) the total number of allotments created from the land mentioned in subclause (1) is not more than 2.
The Council may not grant consent under subclause (2) unless:
(a) the Council has considered whether the land is contaminated, and
(b) if the land is contaminated—the Council is satisfied the land is suitable in its contaminated state, or will be suitable after remediation, for the purpose of the proposed development, and
(c) if the land requires remediation to be made suitable for the purpose of the proposed development—the Council is satisfied that the land will be remediated before the land is used for that purpose.
This clause applies to land in the vicinity of Queen Street, Ashfield and shown coloured light scarlet and edged heavy black on Sheet 3 of the series of maps marked “Ashfield Local Environmental Plan 1985 (Amendment No 114)” deposited in the office of the Council.
Despite clause 11, the Council may consent to the erection of a dwelling-house (including an attached dwelling-house) on an allotment of land that has an area of less than 500 m
(a) the minimum area of the allotment on which the dwelling-house is to be erected is between 174 and 450 square metres (exclusive of the area of any access corridor), and
(b) the total number of allotments created from the land mentioned in subclause (1) is not more than 11.
The Council may not grant consent under subclause (2) unless:
(a) the Council has considered whether the land is contaminated, and
(b) if the land is contaminated—the Council is satisfied the land is suitable in its contaminated state, or will be suitable after remediation, for the purpose of the proposed development, and
(c) if the land requires remediation to be made suitable for the purpose of the proposed development—the Council is satisfied that the land will be remediated before the land is used for that purpose.
The Council must not grant consent to development on land known as 55–75 Smith Street, Summer Hill, and shown by distinctive colouring, lettering and edging on Sheet 6 of the series of maps marked “Ashfield Local Environmental Plan 1985 (Amendment No 114)” deposited in the office of the Council unless:
(a) the Council has considered whether the land is contaminated, and
(b) if the land is contaminated—the Council is satisfied the land is suitable in its contaminated state, or will be suitable after remediation, for the purpose of the proposed development, and
(c) if the land requires remediation to be made suitable for the purpose of the proposed development—the Council is satisfied that the land will be remediated before the land is used for that purpose, and
(d) the Council has considered whether the design of the proposed development, in relation to interior noise levels, gives adequate protection from aircraft noise in accordance with AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.
(Repealed)
(Clause 10)
Beauty salon.
Boot or shoe repairing.
Dressmaking.
Dry cleaning or dyeing agency.
Electrician’s workshop.
Hairdressing salon.
Home industry.
Lending library.
Photographic studio.
Professional chambers.
Professional consulting rooms.
Refreshment rooms.
Self-service coin-operated laundry.
Service station.
Tailoring.
Totalizator Agency Board offices.
(Clause 10)
Chemist’s shop.
Confectionery shop or milk bar.
Fish and chip shop.
Fruit and vegetable shop.
Hairdresser’s salon.
Newsagency.
Opportunity shop.
Smallgoods shop.
Sandwich shop.
Tobacconist’s shop.
(Clause 10)
Abattoirs.
Agricultural machinery manufacture.
Aluminium products manufacture.
Asbestos cement products manufacture.
Bag or sack (textile) manufacture.
Bicycle manufacture.
Boiler manufacture.
Boiling-down works.
Boot or shoe manufacture.
Brick, tile, pipe or pottery manufacture.
Cement manufacture.
Cement products manufacture.
Condiment manufacture.
Electrical machinery manufacture (heavy).
Electrical battery manufacture.
Extractive industry.
Fellmongery.
Fibrous plaster manufacture.
Fireclay manufacture.
Glass products manufacture.
Grain milling.
Hardboard manufacture.
Heavy engineering.
Hot mix (bitumen) manufacture.
Lime storage.
Match manufacture.
Metal founding.
Motor body building.
Motor vehicle manufacture or assembly.
Motor vehicle smash repairs.
Motor vehicle wrecking.
Offensive or hazardous industry.
Paint and varnish manufacture.
Plastics manufacture.
Ready mixed concrete manufacture.
Rope and twine manufacture.
Rubber products manufacture.
Rubber reclamation.
Sawmilling.
Steel products manufacture (heavy).
Stone cutting and crushing.
Sugar refining.
Veneer manufacture.
Wallboard manufacture.
Wheel manufacture.
Wire manufacture.
Wool scouring.
(Clause 29)
1 Community facilities.
2 Water, sewerage and drainage works.
3 Local open space.
4 Public carparks.
5 Embellishment of local open space and public carparks.
6 Roads, traffic management systems and facilities.
(Clause 29A)
2, 4, 6, 8, 10 and 12 Bastable Street, 178 and 162 Elizabeth Street and 16 Frederick Street | Ashfield Swimming Pool Complex, as shown edged heavy black on page 2 Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”. |
Corner of Victoria Street and Old Canterbury Road | Lot 2 and part of Lot 1, DP 856916, as shown edged heavy black on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 71)”. |
Queen Street | Lot 2, DP 554988, as shown edged heavy black on page 4 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”. |
78 and 80 Dalhousie Street | Lots A and B, DP 323166, as shown edged heavy black on page 3 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”. |
82A Carlton Crescent | “Share” building and kindergarten, as shown edged heavy black on page 1 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”. |
Corner of Henson and Short Streets | Henson Street Kindergarten, being part of Lots 17 and 18, DP 249, as shown edged heavy black on page 5 of Sheet 1 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 52)”. |
(Clause 31)
Map ref no | Address | Whether listed as a heritage item or as deferred | Whether listed as part of a heritage conservation area (CA) |
3 A’Beckett Avenue | House | ||
74 | Albert Parade | Albert Parade | |
1 | 7 Albert Parade | House | |
1 | 9 Albert Parade | House | |
1 | 11 Albert Parade | House | |
2 | 26 Albert Parade | House—Eulimaroa | |
130 | 45–47 Albert Parade | Semi-Detached Pair of Houses | |
2 Allman Avenue | Flats | ||
3 Allman Avenue | Flats | ||
7 Allman Avenue | Flats | ||
9 Allman Avenue | Flats—Allman Court | ||
10 Allman Avenue | Flats | ||
2 Alma Street | House | ||
5 Alma Street | House | ||
131 | 26 Alma Street | House | |
3 | 20–22 Alt Street | Group of Two Freestanding Houses | |
132 | 44 Alt Street | House—Hughenden | |
5 | 78 Alt Street | House—Amesbury | |
6 | 82 Alt Street, 2 Church | House—The Gunyah | |
8 | 94 Alt Street, Cnr of Rectory Avenue | House—Apartments | |
140 | 98 Alt Street | St John’s Flats | |
133 | Arthur Street | Pratten Park | |
10 | 8, 10 Arthur Street | Group of Two Houses No 8 Unnamed No 10 Sunnyside | |
27 Arthur Street | House | ||
32 Arthur Street | Semi-detached house | ||
34 Arthur Street | Semi-detached house | ||
11 | 40 Arthur | Thirning Villa | |
139 | 48 Arthur | Benelong Nursing Home incorporating part of the former Gallop House | |
102 | 18 Bay Street | House—Rathgael | |
102 | Rear 18 Bay Street | Stone Cottage | |
103 | 38 Bay Street | House | |
136 | 44 Bay Street | House | |
136 | 46 Bay Street | House | |
H | 1–7 Birriga Road | Birriga Road CA | |
138 | 4 Blackwood Avenue | Milton Private Hotel | |
16 | 1 Bland Street | St Vincent’s Presbytery, Church and Superior School | |
15 | 18 Bland Street | Bethlehem College | |
12 | 25–27 Bland Street | Semi-Detached Pair of Houses | |
29–31 Bland Street | Terrace Houses | ||
35 Bland Street | Terrace Houses | ||
9 | 62–74 Bland Street | St John’s Anglican Church Churchyard and Cemetery Parish Hall, School Hall and Rectory | |
14 | 79 Bland Street | House—Lynngrove | |
A | 1–22 Bogan Street | North Summer Hill CA | |
68 | 3, 5, 7, 9 Bogan Street | Four Small Semi-Detached Houses | North Summer Hill CA |
141 | 20 Bogan Street | House | North Summer Hill CA |
K | 1–14 Bridges Avenue | Bridges Avenue CA | |
Brunswick Reserve and part of Brunswick Parade | Reserve and part of street | ||
248 | 3–7 Byron Street (and 6–10 Scott Street) | Site of Ashfield Park House | |
3 Carlisle Street | House | ||
21 Carlisle Street | House | ||
C | 2 Clissold Street | Victoria Square CA | |
142 | Carlton Crescent | Summer Hill Railway Station between Platforms 1 2, Two Station Buildings on Platform 3 | |
143 | Carlton Crescent Opposite Lackey Street | Railway Station Booking Office | |
144 | Intersection of Carlton &Grosvenor Crescents | Lewisham Viaduct | |
145 | 99 Carlton Crescent | House—Villa Maria | |
69 | 112, 113, 114 Carlton Cres | Three Houses, No 112 Caraholme | |
E | 1–43 Carrington Street | Quarantine Ground CA | |
146 | 53–55 Carshalton Street | House | |
12 Cecil Street | Villa | ||
147 | 19 Cecil Street | House | |
49 Cecil Street | Cottage | ||
148 | 23 Chandos Street | House (now flats) | |
17 | 50–52 Chandos Street Cnr Julia Street | Chandos Nursing Home | |
149 | 4–8, 10–16, 18–20 Charlotte Street | Three Suites of Shops | |
*50 | 15 Charlotte Street | Ground Floor Shop with Dwelling above | |
18 | 23 Charlotte Street | Pittwood Home for Aged Persons | |
151 | 45 Charlotte Street | House | |
152 | 46 Charlotte Street | Ashfield Community Health Centre | |
153 | 93 Church Street | House—Lingholme | |
153 | 95 Church Street | House—Warioa | |
H | 109, 111, 115 Church Street | Birriga Road CA | |
C | 2 Clissold Street | Victoria Square CA | |
O | 3–5 Clissold Street | Tintern Road CA | |
23 Clissold Street | House | ||
154 | 15 College Street | House | |
155 | 22 Cromwell Street | Cottage | |
155 | 24 Cromwell Street | House | |
156 | 6, 8, 10, 12, 14, 16, 18, 20 and 22 Croydon Road | Eight Detached Houses | |
105 | 47, 49, 51 Croydon Road | Group of Three Terrace Houses | |
106 | 116 Croydon Road | House | |
113 | 38 Dalhousie Street | House | Haberfield CA |
114 | 40 Dalhousie Street | House | Haberfield CA |
115 | Dalhousie Street | St David’s Presbyterian Church (Church, Manse and Garden) | Haberfield CA |
116 | Dalhousie Street | St Oswald’s Church | Haberfield CA |
286 | 74 Dalhousie Street (Cnr Ramsay Street) | McKenzie’s Buildings | Haberfield CA |
117 | 91 Dalhousie Street | House | Haberfield CA |
B | 2–28 Dickinson Avenue (Even Numbers Only) | Gads Hill CA | |
70 | 4 Dover Street | House—Kellross | |
158 | 12 Dover Street | House—Kenilworth | |
159 | 5 Drynan Street | Convent Building—Part of St Joseph’s Convent | |
71 | 9 Drynan Street | House | |
72 | 10, 14, 16 Drynan Street | Group of Three Houses | |
118 | 20 Dudley Street | House—Elicia | Haberfield CA |
119 | 37 Dudley Street | House | Haberfield CA |
1–32 Eccles Avenue | Eccles Estate CA | ||
12 Eccles Avenue |
Noise level must not be more than 5dB (A) above surrounding noise levels at the property boundary. The building work must not reduce the structural integrity of the building. Any opening created must be adequately weatherproofed. | |
(see separate entry for Rollershutters) | Located at least 450 mm within property boundaries. Requires no other supporting structure. |
Must be for domestic use only. Not located adjacent to, or within 6 m of, a window or other ventilation opening on adjacent buildings. No roof or other cover. One per property. Maximum height 2,100 mm. | |
Must be designed and constructed by or for council. Structurally adequate construction. Must not obstruct the line of sight of vehicular traffic. A maximum height of 2.7 m above the footpath. Area of not less than 10 m Must not involve the display of an advertisement unless otherwise allowed by some other provision of this plan. | |
A different use resulting from a change of use:
| Must be change from an existing lawful use to another lawful use. Different use is not a brothel. No display or sale of publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or display of objects primarily concerned with sexual behaviour. No extension to hours outside hours of operation before the change. The curtilage of any shop or office must not be used for storage or display purposes. Different use complies with the conditions of any development consent relating to the use of the building or land. In relation to industry, only if both the former use and different use:
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Installed to manufacturer’s specifications. Located behind the building line. If associated with a residential flat building, must be shielded from public view by use of louvres or other screening devices (which will still allow access to sun and breezes). | |
Maximum area of deck 10 m Located at rear of main building. Minimum 450 mm setback from boundary. Must not be roofed. Maximum height 500 mm above ground level to top of deck. | |
Development consent to erect the structure to be demolished would not be required. The demolition is carried out according to Australian Standard AS 2601–1991 (The demolition of structures). | |
Not over public land. Must not be elevated or suspended above natural ground level. Rainwater must not be directed onto adjoining property. One driveway or pathway per property. Must be of structurally sound and stable construction with adequate reinforcement. | |
Must not cause glare onto adjoining properties or streets. | |
Location must not alter overland flow of water. For front boundary fences (between the building line and street or other public place)—maximum height 1 m if constructed of timber, metal or lightweight materials. For side and rear boundary fences (between the building line and the rear boundary)—maximum height 1.8 m if constructed of timber, metal or lightweight materials. For masonry or brick fences regardless of location—maximum height 1 m. | |
Maximum height 6 m above ground level. Not to be used to display advertising material, logos or similar matter. One per property. Must be structurally adequate. | |
Construction by or for council and installed in accordance with relevant Australian standards or the Building Code of Australia. Located in public park or recreation areas. | |
None. | |
Constructed and installed by or on behalf of council or the Roads and Traffic Authority. | |
Maximum height of 1.2 m above ground level. | |
Work must comply with the Building Code of Australia. Work must not affect the structural stability of the building. Non-structural work only such as:
Work must not change room configurations, reduce window arrangements for light or ventilation needs, reduce doorways for egress or enclose open areas. | |
| Not of masonry construction. Detached from main dwelling. Maximum gross floor area 10 m Located behind building line to any street frontage. Maximum height 2.1 m. Located at least 450 mm from any property boundary. Safety glazing to any glass doors conforming to Australian Standard AS/NZS 2208:1996 (Safety glazing materials in buildings). Roofing material to be non-reflective. Constructed in accordance with any manufacturer’s instructions. Not connected to any plumbing or electricity supply. |
Constructed or installed by or for council and designed, fabricated and installed in accordance with relevant Australian standards. Located on land under control of council. | |
Constructed or installed by or for council. Designed, fabricated and installed in accordance with the Building Code of Australia (Section B) and:
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Must not exceed an area of 20 m Entirely at ground level. Rainwater must not be redirected onto adjoining property. Sufficient stepdown must be provided between patio and building to prevent the entry of water into internal areas. Any minimum landscaped area requirement must be maintained. | |
Not enclosed and with open roof structure. Maximum area 10 m Maximum height 2.4 m. Attached to a dwelling or free-standing. Located behind building line to any street frontage. Located at least 450 mm from any property boundary. | |
Installed to manufacturer’s specifications. Maximum height above ground 2.4 m. Maximum area 10 m Located at rear of premises. | |
Must be structurally adequate. Installation must accord with a suitably qualified engineer’s design. Must comply with the Building Code of Australia. Location must only be in school grounds and not contravene any other consent. Rainwater to be connected to an adequate rainwater system. Must not exceed 1 storey in height. Must be removed within 5 years of erection. Written notice must be given to council advising date of erection. | |
Maximum height of 1 m (above existing finished or natural ground level). Maximum grade of 1:14 and must otherwise accord with Australian Standard AS 1428.1–1998 (Design for access and mobility—General requirements for access—New building work). | |
No alteration to existing window or door openings or their location and size. The type of roofing material is the same as the original material. No structural alterations required. Any works involving asbestos cement must comply with the WorkCover Authority’s Short Guide to Working with Asbestos. Any works involving lead paint removal must not cause lead contamination of air or ground. | |
Not visible from the public street or a public place (other than a laneway), unless it is to a vehicular garage or entrance. Must not involve structural alteration. | |
Must not involve structural alteration. | |
Maximum area of installation does not exceed 0.3 m The building work must not reduce the structural integrity of the building or involve structural alterations. Installed to manufacturer’s specifications. | |
Directly attached to roof or wall or, if on ground, within rear yard and maximum height 1,800 mm. Maximum diameter 1.5 m when situated on the ground or 650 mm when attached to the roof or wall. One only for each allotment. | |
Maximum area of installation for all windows does not exceed 1 square metre. The building work must not reduce the structural integrity of the building or involve structural alterations. | |
Solar systems must be flush with the roof plane, only at rear roof plane and with the water tanks located elsewhere. The work must not reduce the structural integrity of the building or involve structural alterations. Installation must be carried out by a licensed person. | |
Must be flush with the roof plane and only at rear. The work must not reduce the structural integrity of the building or involve structural alterations. Installation must be carried out by a licensed person. | |
| Any site area or setback requirements must be maintained. |
Must be removed on completion of associated development or within 5 months, whichever is the lesser. Located within property boundaries. Portaloos must be located a minimum 6 m from any adjacent living area. Marquees must not be in place for longer than 72 hours. Written notification must be given to council advising date of erection. | |
Must be in accordance with a temporary licence or hire agreement or other decision by council as land owner. | |
Temporary use only. | |
Maintenance or emergency work only. | |
Maximum capacity 2,500 litres. Maximum overall height 1,800 mm. Located behind the existing building line. Constructed or installed in accordance with manufacturer’s specifications. Must be mosquito proofed. | |
Replacement with materials that comply with:
No reduction in the area provided for light and ventilation is permitted and structural support members cannot be removed. |
(Clause 8B)
Development type | Development standards and other requirements |
The erection and use, or carrying out of, the following: | |
A maximum of 2 guest bedrooms. A smoke detection system that complies with Australian Standards AS 3786–1993 (Smoke alarms) and AS/NZS 3000:2000 (Electrical installations) (known as the Australian/New Zealand Wiring Rules) is in the dwelling. A fire extinguisher and fire blanket are in the kitchen. Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where the dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989. There are no key-release deadlocks on guest bedroom or exit doors and no bars or other restrictions placed on windows. | |
No increase to the total floor area of the building. No more than 300 m Different use is not a brothel. No increase to the total floor area of the building. No more than 300 m Different use is not a brothel. No display or sale of publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or display of objects primarily concerned with sexual behaviour. The new use must replace a former use carried out in accordance with a development consent. | |
No increase to the total floor area of the building. Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems. | |
Footpath awnings are to:
| |
All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Additions to ground floor only. An addition must not provide for an additional dwelling. An addition must not to result in the loss of off-street parking. No part of the structure may be located within the drip line of an existing tree (unless permission has been obtained to remove the tree). The addition must not increase the floor area of the dwelling by more than 40 m Any demolition must be carried out to Australian Standard AS 2601–1991 (The demolition of structures). | |
External walls of the addition must be located not less than 900 mm from a property boundary. The ground floor level of the addition must be no more than 500 mm above natural ground level at any point. The distance between the floor level and the underside of the eaves must be no more than 2.7 metres. The roof pitch must be no more than 30 degrees and openings must be flush with the roof. The height of the addition must not exceed the existing ridge height or 3.6 metres above natural ground level, whichever is the higher. Materials and window and door proportions must match existing building. | |
Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high. Solar access must be maintained to adjacent properties’ habitable rooms for a minimum period of 2 hours between 9 am and 3 pm at the winter solstice or, where less than 2 hours solar access is currently available, no additional overshadowing is permitted. Solar access to the subject property and adjacent properties’ primary landscaped area must be maintained over a minimum of 50% of that space for a period of at least 3 hours between 9 am and 3 pm at the winter solstice. The extension must not result in a private outdoor area of less than 40 m | |
All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). No external works. No increase to the total floor area of the building. Alterations to ground floor only. | |
| All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Openings are to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings |
Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high and the floor level of the room is less than 0.5 m above ground level at the boundary. Alterations and additions to ground floor only. No alterations and additions to primary street frontage. New window and door openings to habitable rooms within 9 m of, and allowing a view of a window of a habitable room in, another dwelling must be offset by not less than 0.5 m. | |
Materials and window and door proportions must match existing building. | |
All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Development only to rear of property. Not to be visible from a public place (excluding back lanes). Only one dormer window permissible per roof plane. | |
The dormer window is to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings. Dormer windows are to be centrally located along the width of the roof. Dormers are to be traditionally vertically proportioned, with a height 1.5 width. Dormer windows are to be set below the ridgeline and up from the eaves. Materials and window and door proportions must match existing building. | |
Dormer windows are not to be located adjacent to bedroom windows of adjoining dwellings. The sides of the dormer windows are to be of a solid construction without glazing. | |
No increase to the total floor area of the building. Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems. | |
Any setback requirements and building height requirements must be maintained. No structural alterations required. Any works involving asbestos cement must comply with the WorkCover Authority’s Short Guide to Working with Asbestos. | |
Development for the purpose of swimming pools on lots over 450 m | The pool will not be between the dwelling and the front boundary. |
All coping or decking around the pool is not more than 150 mm above the natural ground level. The pool is at least 1.5 m from the nearest side and the rear boundaries. | |
The noise level of any filtration equipment or pumps does not exceed 5 dB (A) above the ambient background level measured at the property boundary. | |
Minimum private outdoor area of 40 m | |
The installation and construction of the pool complies, where relevant, with the Swimming Pools Act 1992 and the Swimming Pools Regulation 1998, and |
|
The pool and surrounding structures comply with AS 1926–1986 (Fence and Gates for Private Swimming Pools) as published on 4 August 1986. |
(Clause 8B)
Two days before any site works, building or demolition begins, the applicant must:
(a) inform adjoining owners in writing that work will commence, and
(b) forward to the council a notice of the appointment of the principal certifying authority and of intention to commence the erection of a building or subdivision work.
The notice forwarded to the council must contain the following information and be in the form (if any) approved by the council:
(a) the name and address of the person by whom the notice is being given, and
(b) a description of the work to be carried out, and
(c) the address of the land on which the work is to be carried out,
(d) the registered number and date of issue of the relevant complying development certificate, and
(e) the name and address of the principal certifying authority, and
(f) if the principal certifying authority is an accredited certifier:
(i) his or her accreditation number, and
(ii) the name of the accreditation body by which he or she is accredited, and
(iii) a statement signed by the accredited certifier to the effect that he or she consents to being appointed as principal certifying authority.
Before any site works, building or demolition begins, the applicant must:
(a) notify the council of the name, address, phone number and licence number of the builder, and
(b) erect a sign at the front of the property with the builder’s name, licence number, site address and the number given by the council to the application for the complying development certificate, and
(c) provide for access to an on-site toilet, and
(d) protect and support any neighbouring buildings, and
(e) protect any public place from obstruction, inconvenience or damage due to the carrying out of the development, and
(f) prevent any substance from falling onto any public place, and
(g) have obtained a certificate of compliance if required from Sydney Water Corporation Ltd, and
(h) comply with any other conditions prescribed by the Environmental Planning and Assessment Regulation 2000.
This item does not impose a requirement on an applicant if it is complied with by the builder.
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
(a) divert uncontaminated run-off around cleared or disturbed areas,
(b) erect a silt fence to prevent debris escaping into drainage systems or waterways,
(c) prevent tracking of sediment by vehicles onto roads,
(d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site.
Removal or disturbance of vegetation and topsoil must be confined to within 3 metres of the proposed building.
The land surrounding any structure must be graded to divert surface water to the street, and must be clear of existing and proposed structures and adjoining premises.
If the water falls to the rear of the property, it must be collected and drained via a gravity system to a council stormwater line or disposed of in a manner consistent with the council’s Soil and Water Management Policy.
The applicant must notify either the council or an accredited certifier at least 48 hours in advance in writing, by fax or phone, to inspect the following:
(a) erosion controls, site works and site set out, before building starts,
(b) placement of piers or foundation before placing footings,
(c) steel reinforcing before pouring concrete,
(d) framework of structure before lining or cladding is fixed,
(e) stormwater drainage and on-site detention before back-filling,
(f) wet areas treated before lining or tiling,
(g) final inspection prior to occupation or use.
Any building work must be carried out between 7 am and 6 pm Monday to Friday and 8 am to 5 pm Saturdays, but not on Sundays or public holidays.
For all:
(a) non-residential development, or
(b) Class 10a and 10b buildings less than 450 mm from the boundary, or
(c) Class 1a and 1b buildings less than 1500 mm from the boundary,
(excluding internal works), a survey certificate must be given to the principal certifying authority at the following stages:
(a) on completion of floor slab framework before concrete is poured, detailing the location of the structure in relation to the boundaries, and
(b) at completion of the lowest floor, confirming that levels are in accordance with the certificate. (Levels must relate to the datum shown on the certificate.)
Driveways are to be a minimum of 500 mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including council drainage structures, unless prior approval is obtained from the relevant authority.
Driveways are to be a minimum of 6 m from a road intersection.
Driveways are to be constructed in accordance with any relevant requirements of Australian Standard AS 2890.1–1993 (Parking facilities—Off-street car parking), with appropriate transition zones.
Unless it is a Class 1a, 1b, 10a or 10b building, the building is not to be occupied before issue of an occupation certificate.
The builder or person who does residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy council that they have so complied.
It is the responsibility of the builder or person who does building work to satisfy the council or accredited certifier under section 85A (10A) of the Environmental Planning and Assessment Act 1979 that any long service levy (or instalment of a levy) payable under the Building and Construction Industry Long Service Payments Act 1986 has been paid.
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