Auburn Local Environmental Plan 2000 (NSW)
This plan is called Auburn Local Environmental Plan 2000.
This plan applies to all land within the LGA except for land marked “excluded” on the map.
This plan repeals all other local environmental plans and deemed environmental planning instruments applying to the LGA and in force immediately before the appointed day, except to the extent that they apply to land marked “excluded” on the map.
Deemed environmental planning instruments and local environmental plans as in force immediately before the appointed day shall continue to apply to a development application if:
(a) the application was made but had not been determined before the appointed day, and
(b) the application is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments or plans as in force before the appointed day.
The Council is the consent authority for the purposes of this plan, subject to the Act.
Definitions of terms used in this plan are found in Schedule 1 to this plan.
The table of contents and notes in this plan do not form part of this plan.
The aim of this plan is to provide clear guidance for development within the LGA.
The general objectives of this plan are as follows:
(a) to provide the basis for development control plans to supplement the broad controls in the plan with more detailed provisions for the assessment of development proposals,
(b) to clearly define the statutory planning requirements that apply to the public and the Council,
(c) to provide for the maintenance and improvement of accessibility both within and through the LGA by identifying transport corridors and the location of intensive trip-generating activities in locations most accessible to public transport.
The specific objectives of this plan in relation to the
(a) to conserve, protect and enhance the environmental heritage of the LGA,
(b) to ensure that the natural environment is duly considered in the decision-making process,
(c) to consider Auburn’s location within the Parramatta River Catchment Area and Cooks River Catchment Area and ensure that development does not adversely impact on these river systems and their tributaries,
(d) to encourage an efficient means of disposing of stormwater that reduces the potential for flooding without reducing the ability to rehabilitate Auburn’s waterways,
(e) to ensure that development does not adversely impact on air and soil quality,
(f) to ensure that development does not breach regulatory noise controls,
(g) to promote the conservation of natural resources and non-renewable energy resources through energy efficient design, construction techniques, choice of building materials and the utilisation of ecologically sustainable development techniques,
(h) to minimise waste by promoting the recycling and reusing of materials.
The specific objectives of this plan in relation to
(a) to facilitate economic activity and employment growth within the LGA,
(b) to facilitate the economic prosperity of the commercial centres within the LGA,
(c) to improve the social and economic conditions within the LGA,
(d) to promote a ready work force for business in the LGA.
The specific objectives of this plan in relation to
(a) to ensure that there is an adequate and equitable distribution of open space for all residents within the LGA,
(b) to ensure that development facilitates the efficient and equitable provision of public services and amenities,
(c) to increase the housing choices available within the LGA while improving residential amenity,
(d) to increase the availability of employment opportunities,
(e) to ensure that social issues and needs are adequately addressed in the Council’s decision-making process.
The specific objectives of this plan in relation to the
(a) to recognise the special character and function of individual areas within the LGA,
(b) to ensure that development improves the environmental character and quality of streetscapes within the LGA,
(c) to protect the environmental and cultural heritage of the LGA,
(d) to ensure that redevelopment improves streetscapes and is in keeping with the character of the LGA,
(e) to identify and conserve those items and localities which contribute to the local environment and cultural heritage of the LGA.
Parts 4–8 set out the controls for land within the zones applying to the land to which this plan applies.
Each Part states the objectives of the zones to which it applies, and identifies the development that may be carried out without development consent (including such of that development as is exempt development), the development that may be carried out only with development consent (including complying development) and the development that is prohibited within the zones.
Parts 4–8 are subject to the special provisions relating to heritage contained in Part 9 and other special provisions contained in Part 10.
Particulars relating to exempt and complying development are set out in the development control plan specified in Schedule 5.
The consent authority must not grant consent to the carrying out of development on land to which this plan applies unless the consent authority is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.
For the purposes of this plan, the following zones apply to land as shown on the map:
2 (a) Residential (Low Density)
2 (b) Residential (Medium Density)
2 (c) Residential (Residential Flat Buildings)
3 (a) Business (Retail and Office Development)
3 (b) Business (Office Development)
4 (a) General Industrial
4 (b) Light Industrial
4 (c) Industrial Enterprise
4 (d) Special Enterprise
4 (e) Homebush Bay Enterprise
5 (a) Special Uses
5 (b) Special Uses (Arterial Roads)
5 (c) Special Uses (Local Roads)
6 (a) Public Recreation
6 (b) Private Recreation
The objectives of Zone No 2 (a) are as follows:
(a) to identify localities suitable for low density residential development,
(b) to permit residents to work at home where there is no adverse impact on the amenity of the area,
(c) to permit appropriate uses in the zone that complement the residential nature and function of the zone.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 2 (a) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
bed and breakfast accommodation child care centres community facilities dwelling houses educational establishments exhibition homes home industries hospitals | local shops places of public worship professional consulting rooms recreation areas site identification signs transitional group homes utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 5 permits the erection of housing for older people or people with a disability in all residential zones.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 2 (b) are as follows:
(a) to permit multiple dwelling residential development on appropriate sites,
(b) to permit residents to work at home where there is no adverse impact on the amenity of the area,
(c) to permit appropriate uses in the zone that complement the residential nature and functioning of the zone.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 2 (b) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
bed and breakfast accommodation child care centres community facilities dwelling houses educational establishments exhibition homes home industries hospitals | local shops multiple dwellings places of public worship professional consulting rooms public buildings recreation areas recreation facilities site identification signs transitional group homes utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 5 permits the erection of housing for older people or people with a disability in all residential zones.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 2 (c) are as follows:
(a) to permit residential flat buildings on appropriate sites in close proximity to railway stations,
(b) to permit residents to work at home where there is no adverse impact on the amenity of the area,
(c) to permit appropriate uses in the zone that complement the residential nature and functioning of the zone.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 2 (c) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
bed and breakfast accommodation boarding houses dwelling houses educational establishments hospitals motels | multiple dwellings places of public worship recreation areas residential flat buildings utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 5 permits the erection of housing for older people or people with a disability in all residential zones.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
Consent may be granted for development on land within Zone No 2 (a), 2 (b) or 2 (c) only if, in the opinion of the consent authority, it is compatible with the existing and likely future character and amenity of nearby properties in terms of:
(a) its scale, bulk, height, siting and landscaping, and
(b) its operation, and
(c) traffic generation and car parking, and
(d) noise, dust, light and odour nuisance, and
(e) privacy, and
(f) stormwater drainage, and
(g) hours of operation, and
(h) overshadowing.
The objectives of Zone No 3 (a) are as follows:
(a) to provide a range of retail, commercial and professional services and community and residential uses in appropriate locations,
(b) to encourage appropriate business activities which contribute to economic growth and employment opportunities within the zone,
(c) to improve the environmental amenity and function of the zone,
(d) to contain the retail areas to a defined area to improve the economic viability of the shops,
(e) to retain the commercial nature of the zone while permitting residential uses in the zone.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 3 (a) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
amusement centres bulky goods retailing car parking stations child care centres clubs commercial premises community facilities dwellings attached to or within a building used or intended to be used for other permissible uses in this zone educational establishments exhibition homes general advertising signs home industries hospitals hotels medical centres motels passenger transport terminals | places of assembly places of public worship public buildings residential flat buildings where the buildings, but not necessarily any ancillary development, are located entirely above any other permissible uses in this zone recreation areas recreation facilities restaurants service stations service support industries serviced apartments where the apartments, but not necessarily any ancillary development, are located entirely above any other permissible uses in this zone shops site identification signs showrooms utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 3 (b) are as follows:
(a) to provide a range of commercial and professional services, community services and residential uses in appropriate locations,
(b) to encourage appropriate business activities that contribute to economic growth and employment opportunities within the zone,
(c) to improve the environmental amenity and function of the zone,
(d) to ensure an adequate supply of office space,
(e) to retain the commercial nature of the zone while permitting residential uses in the zone.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 3 (b) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
car parking stations child care centres clubs commercial premises community facilities dwellings attached to or within a building used, or intended to be used, for other permissible uses in this zone educational establishments exhibition homes general advertising signs hospitals hotels medical centres motels passenger transport terminals places of assembly | places of public worship public buildings recreation areas recreation facilities residential flat buildings where the buildings, but not necessarily any ancillary development, are located entirely above any other permissible uses in this zone restaurants service stations service support industries serviced apartments where the apartments, but not necessarily any ancillary development, are located entirely above any other permissible uses in this zone showrooms site identification signs training facilities utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
Consent may be granted for development on land within Zone No 3 (a) or 3 (b) only if, in the opinion of the consent authority, it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:
(a) its bulk, and
(b) streetscape, and
(c) its operation, and
(d) traffic generation and car parking, and
(e) noise, light, dust and odour nuisance, and
(f) privacy, and
(g) stormwater drainage, and
(h) hours of operation, and
(i) overshadowing.
The objectives of Zone No 4 (a) are as follows:
(a) to provide sufficient land to be used primarily for a broad range of industrial uses,
(b) to permit a range of uses that are compatible with industrial areas,
(c) to encourage industrial uses that will contribute to economic and employment growth of the locality,
(d) to prohibit shops in this zone, but permit minor retail development only where it is providing for the daily convenience needs of the local workforce or is ancillary or incidental to the main purpose of development.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (a) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
banks brothels car repair stations child care centres community facilities depots dwellings used in conjunction with another land use which is permissible in this zone equipment hire centres freight transport terminals high technology industries industries junkyards liquid fuel depots materials recycling depots | mines offensive and hazardous industries offensive waste storage establishments places of public worship public buildings recreation areas recreation facilities refreshment rooms service stations service support industries showrooms site identification signs training facilities warehouses or distribution centres utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 4 (b) are as follows:
(a) to permit appropriate light industrial development in the zone,
(b) to permit a range of uses that are compatible with the zone,
(c) to recognise the close proximity of this zone to adjoining residential areas and to reduce potential conflict between industrial and residential uses,
(d) to prohibit shops in this zone generally but permit minor retail development only where it is providing for the daily convenience needs of the local workforce or is ancillary or incidental to the main purpose of the development.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (b) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
banks car repair stations child care centres community facilities depots distribution centres dwellings used in conjunction with another land use which is permissible in this zone equipment hire centres high technology industries | light industries places of public worship public buildings recreation areas recreation facilities refreshment rooms service support industries showrooms site identification signs training facilities utility undertakings warehouses or distribution centres |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 4 (c) are as follows:
(a) to recognise the special character of Parramatta Road frontages and surrounding areas,
(b) to ensure that development in this zone does not reduce the economic viability of businesses in the business zones,
(c) to provide the flexibility required to encourage innovative and high technology industrial uses in the zone,
(d) to prohibit shops in this zone generally but permit minor retail development only where it is providing for the daily convenience needs of the local work force, is ancillary or incidental to other permissible development or is in the form of bulky goods retail outlets or motor showrooms.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (c) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
banks bulky goods retailing car repair stations child care centres community facilities depots dwellings used in conjunction with another land use that is permissible in this zone educational establishments equipment hire centres exhibition homes freight transport terminals general advertising signs high technology industries hotels industries light industries | motels motor showrooms multiple dwellings passenger transport terminals places of public worship public buildings recreation areas recreation facilities refreshment rooms restaurants service support industries serviced apartments showrooms site identification signs training facilities utility undertakings warehouses or distribution centres |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 4 (d) are as follows:
(a) to provide land that can be used for a range of uses including light industries, community services and residential development,
(b) to ensure that uses within the zone do not have an adverse impact on other uses within and surrounding the zone,
(c) to accommodate changes in the demand for land uses in the area,
(d) to encourage development that improves the amenity of the locality,
(e) to prohibit shops generally in this zone but permit minor retail development only where it is providing for the daily convenience needs of the local workforce or is ancillary or incidental to other permissible development.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (d) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
banks car repair stations child care centres community facilities dwelling houses dwellings used in conjunction with another land use which is permissible in this zone equipment hire centres exhibition homes high technology industries home industries | light industries multiple dwellings places of public worship professional consulting rooms public buildings recreation areas recreation facilities refreshment rooms showrooms site identification signs training facilities utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 4 (e) are as follows:
(a) to recognise the special character of the precinct located between Sydney Olympic Park and the M4 Motorway,
(b) to ensure that new development is compatible with the existing and future use of Sydney Olympic Park and contributes to increasing the general activity of the Homebush Bay area,
(c) to encourage development that recognises and maximises the benefits of the major investment in the area in environmental improvements, infrastructure, open space and sporting and recreation facilities,
(d) to provide buildings of innovative design and of high urban design quality that incorporate ecologically sustainable development practices,
(e) to provide the flexibility required to encourage a range of business uses into the zone,
(f) to maintain acceptable traffic operating performance (traffic flow and level of service) in the surrounding area,
(g) to maximise opportunities to increase walking, cycling and public transport use, to reduce vehicle kilometres travelled, to minimise the percentage of journeys to work made in cars by drivers and to encourage a variety of transport options,
(h) to allow tertiary educational establishments to operate within the zone to promote working relationships with surrounding developments,
(i) to allow a limited range of shops, and business, professional and personal services aimed primarily at meeting local needs.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 4 (e) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
child care centres community facilities educational establishments high technology industries hotels light industries recreation areas recreation facilities | refreshment rooms site identification signs service support industries showrooms training facilities utility undertakings warehouses |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55—Remediation of Land requires development consent to be obtained prior to remediation of contaminated land.
Consent may be granted for development on land zoned 4 (a), 4 (b), 4 (c) or 4 (d) only if it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:
(a) its scale, bulk, design, height, siting and landscaping, and
(b) its operation, and
(c) traffic generation and car parking, and
(d) noise, light, dust and odour nuisance, and
(e) privacy, and
(f) stormwater drainage, and
(g) hours of operation, and
(h) overshadowing.
Residential development on land zoned 4 (c) is allowed only where the land adjoins land zoned 2 (a), 2 (b) or 2 (c) and does not front Parramatta Road.
Consent may be granted to development on land which immediately adjoins land zoned 4 (c) as if the land was zoned 4 (c) provided the development:
(a) would be allowed with consent in accordance with this plan if the land was zoned 4 (c), and
(b) enables an improvement in the amenity of any residential development in the vicinity as well as an improvement in the functioning and appearance of development on land zoned 4 (c), and
(c) will be carried out on land that will be consolidated with a lot that is zoned 4 (c).
Consent may be granted to development on land which immediately adjoins land zoned 4 (d) as if the land was zoned 4 (d) provided the development:
(a) would be allowed with consent in accordance with this plan if the land was zoned 4 (d), and
(b) enables an improvement in the amenity of any residential development in the vicinity as well as an improvement in the functioning and appearance of development on land zoned 4 (d), and
(c) will be carried out on land that will be consolidated with a lot that is zoned 4 (d).
Consent may be granted for development of land zoned 4 (e) only if the consent authority is satisfied that:
(a) the design of new buildings and works will assist in implementing the zone objectives, will result in an urban form that helps to create a legible and locally distinct environment, will lead to an improvement in the streetscape and will not detract from the high technology and business nature of the zone, and
(b) landscaping and public domain improvements to be provided will enhance the character of the surrounding area, and
(c) the development will be consistent with the aim of achieving a longer term reduction in the percentage of journeys to work made by drivers in cars to 65%–70% of all journeys to work in the zone, through the encouragement of a variety of transport options and mechanisms to influence the nature of travel demand, while minimising external impacts to surrounding areas, and
(d) the development will not result in more than 140 car parking spaces per hectare of site area (including parking spaces that exist on the site at the time of the commencement of Auburn Local Environmental Plan 2000 (Amendment No 12)), and
(e) any consolidation of lots for redevelopment purposes will not result in a residual lot of less than 7,000 square metres, and
(f) ecologically sustainable development principles will be incorporated into the design, planning and construction of buildings so as to reduce the amount of potable water used and to reduce energy consumption of buildings through passive design, energy efficient fittings and landscaping.
This clause does not apply to applications for consent for any of the following development:
(a) a different use of an existing building which will not result in a significant increase in transport demand,
(b) extensions or alterations to a building that increase the gross floor area of the building as at the time of gazettal of Auburn Local Environmental Plan 2000 (Amendment No 12) by not more than 10%,
(c) remediation works,
(d) internal fitouts,
(e) other development that is incidental to the lawful use of a building or required to allow a use for which consent has been granted to operate from the building.
Despite clause 21A, consent may be granted to development for the purpose of a shop on land adjoining Uhrig Road zoned 4 (e), but only if the consent authority is satisfied that the proposed development:
(a) will serve primarily the daily convenience needs of businesses and the local workforce within the zone, and
(b) will not be greater than 1,000 square metres in area, and
(c) will not detrimentally affect the economic viability of:
(i) other shops located within the existing commercial centres of the LGA, or
(ii) the retail function of the Sydney Olympic Park Town Centre, or
(iii) existing commercial centres in the region.
Despite clause 21A, infants, primary and secondary educational establishments (other than child care centres) are prohibited from operating on land zoned 4 (e).
Consent may be granted to development for the purpose of a light industry or high technology industry on land zoned 4 (e) that includes associated administrative and operational functions if the consent authority is satisfied that the associated administrative and operation functions are required by the nature of the operations of the industry.
Despite clause 21A, consent may be granted to development for the purpose of commercial premises on land zoned 4 (e) that directly fronts Edwin Flack Avenue, the bus parking area adjoining the Old Hill Link or Uhrig Road and is contained on land generally within 200 metres of that frontage, if the development is to provide business accommodation for:
(a) uses requiring location in the area because of the nature of their preferred building design or operational needs, such as campus-style offices with large floor plates, but excluding uses that consist only of a call centre, or
(b) business, professional and other services that directly address Uhrig Road and serve a local rather than regional market.
The objectives of Zone No 5 (a) are as follows:
(a) to facilitate certain development on land which is or is proposed to be used by public authorities to provide services, utilities and public infrastructure that are compatible with the locality,
(b) to allow ancillary development which is incidental to the primary use specified on the map,
(c) to allow surplus public land to be used for purposes that are compatible with uses permitted in an adjoining zone.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 5 (a) in the Auburn Development Control Plan identified in Schedule 5.
Any development consistent with or ordinarily incidental to the use marked in red lettering on the map.
Development for the purpose of:
car parking stations dwellings used in conjunction with another land use which is permissible in this zone general advertising signs | places of public worship roads site identification signs utility undertakings |
Subdivision.
Development that may be carried out (with or without development consent) in an adjoining zone and is consistent with the objectives of the adjoining zone.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objective of Zone No 5 (b) is to identify land required for existing or proposed arterial roads and to allow appropriate use of land within this zone.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 5 (b) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
roads | utility undertakings |
Subdivision.
Development that may be carried out (with or without development consent) in an adjoining zone and is consistent with the objectives of the adjoining zone.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objective of Zone No 5 (c) is to identify land required for proposed local roads including the widening of local roads.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 5 (c) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
roads | utility undertakings |
Subdivision.
Development that may be carried out (with or without development consent) in an adjoining zone and is consistent with the objectives of the adjoining zone.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
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 any vacant land zoned 5 (b) may, by notice in writing, require:
(a) the RTA, if the land is included in the five-year works programme of the RTA current at the time of receipt of the notice, or
(b) the Corporation, in any other case,
to acquire the land.
The owner of any land zoned 5 (b) that is not vacant may, by notice in writing, require the RTA to acquire the land if:
(a) the land is included in the five-year works programme of the RTA current at the time of receipt of the notice, or
(b) the RTA has decided not to give concurrence under subclause (4) to an application for consent to the carrying out of development on the land, or
(c) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.
On receipt of a notice under this clause, the RTA or the Corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.
A person may, with development consent, carry out development on land zoned 5 (b) for a purpose for which development may be carried out on land in an adjoining zone or for any purpose that is compatible with development that may be carried out on land in an adjoining zone.
(Repealed)
Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.
In this clause:
The owner of any land zoned 5 (c) may, by notice in writing, request the Council to acquire the land.
On receipt of the request, the Council must make arrangements to acquire the land, if:
(a) the land is included in a five-year works program of the Council, current at the time of receipt of the request, or
(b) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
except where the land identified to be acquired by the Council may reasonably be required to be dedicated to the Council as a condition of consent to the carrying out of development.
Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.
Consent may be granted to development on land zoned 5 (a) or 5 (b) only if it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:
(a) its scale, bulk, design, height, siting and landscaping, and
(b) its operation, and
(c) traffic generation and car parking, and
(d) noise, light, dust and odour nuisance, and
(e) privacy, and
(f) stormwater drainage, and
(g) hours of operation, and
(h) overshadowing.
The objectives of Zone No 6 (a) are as follows:
(a) to identify areas of land suitable for open space, recreation and leisure purposes,
(b) to ensure that there is an equitable distribution of open space to satisfy recreational and leisure demands throughout the LGA,
(c) to ensure protection of significant natural landscape elements,
(d) to permit a range of uses within the zone that will enhance the function and purpose of open space areas without detracting from the amenity of the area,
(e) to identify land required to satisfy demand for open space and recreational purposes.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 6 (a) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
child care centres clubs community facilities dwellings used in conjunction with another land use which is permissible in this zone general advertising signs maintenance depots motels where use of the facility is ancillary to the recreational use of the land and carried out by the immediate participants in the recreational use only | recreation areas recreation facilities restaurants site identification signs training facilities utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The objectives of Zone No 6 (b) are as follows:
(a) to identify land where private recreation is provided,
(b) to permit a range of uses and facilities ancillary to the recreational use.
Exempt development, being development of minimal environmental impact that is listed and satisfies the criteria for exempt development relevant to land zoned 6 (b) in the Auburn Development Control Plan identified in Schedule 5.
Development for the purpose of:
child care centres clubs commercial premises community facilities dwellings used in conjunction with another land use which is permissible in the zone general advertising signs maintenance depots | motels where use of the facility is ancillary to the recreational use of the land and carried out by the immediate participants in the recreational use only recreation areas recreation facilities restaurants site identification signs training facilities utility undertakings |
Subdivision.
Development not included in subclause (2) or (3).
Demolition of, and additions and alterations to, heritage items or heritage groups listed in Schedule 2 to this plan, require development consent within this zone, pursuant to the provisions of clause 40 of this plan.
State Environmental Planning Policy No 55 requires development consent to be obtained prior to remediation of contaminated land.
The owner of any land within the 6 (a) zone may, in writing, request the Council to acquire the land.
On receipt of the request, the Council must make arrangements to acquire the land if:
(a) the land is included in a five-year works program of the Council, current at the time of receipt of the request, or
(b) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
except where the land identified to be acquired by the Council may reasonably be required to be dedicated to the Council as a condition of consent to the carrying out of development.
Before granting an application for consent to carry out development on land within Zone No 6 (a) which may be required to be acquired for public open space, the consent authority must consider the following:
(a) the need for the proposed development on the land,
(b) the impact of the proposed development on the existing or likely future use of the land,
(c) the need to retain the land for its existing or likely future use,
(d) the effect of the proposed development on the cost of acquisition,
(e) the imminence of acquisition,
(f) the cost of reinstatement of the land for the purposes for which the land is to be acquired.
Before granting an application for consent to carry out development on publicly owned land zoned 6 (a) the consent authority must consider the following:
(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,
(c) whether or not any proposed building will be secondary and complementary to the existing use of the land as a recreational area.
Consent may be granted to development on land zoned 6 (a) or 6 (b) only if it would be compatible with the existing and likely future character and amenity of the surrounding area in terms of:
(a) its scale, bulk, height, siting and landscaping, and
(b) its operation, and
(c) traffic generation and car parking, and
(d) noise, dust, light and odour nuisance, and
(e) privacy, and
(f) stormwater drainage, and
(g) hours of operation, and
(h) overshadowing.
Consent may be granted to development for the purpose of a restaurant on land zoned 6 (a) or 6 (b) only where it can be demonstrated to the satisfaction of the consent authority that the use will not interfere with the predominant function of the open space where it is located.
The consent authority is not to grant consent to the carrying out of development on a property that is listed as a heritage item or within a heritage group in Schedule 2, unless it is of the opinion that the proposal is consistent with the following aims:
(a) to conserve the environmental heritage of the LGA,
(b) to integrate heritage conservation into the planning and development control processes,
(c) to ensure that any development does not adversely affect the heritage significance of heritage items and heritage groups and their settings, and distinctive streetscapes, landscapes, and architectural styles which define the character of heritage conservation groups.
The following development may be carried out only with development consent:
(a) demolishing, defacing or moving a heritage item or an item within a building within a heritage group,
(b) altering a heritage item or a building, work or relic within a heritage group by making structural changes to its exterior,
(c) altering a heritage item or a building or relic within a heritage group by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect the heritage significance of the item or group,
(d) moving a relic, or excavating land for the purpose of exposing or moving a relic,
(e) erecting a building on land on which a heritage item is located or which is within a heritage group,
(f) subdividing land on which a heritage item is located or which is within a heritage group.
Development consent for work on heritage items or within a heritage group is not required if:
(a) the applicant notifies the consent authority in writing of the proposed development, and
(b) the consent authority is of the opinion that the development is minor, and
(c) the consent authority notifies the applicant in writing that it is satisfied that the proposed development is minor and that development consent is not required, and
(d) development consent for the proposed development is not otherwise required in the zone.
Before granting consent for development involving a heritage item or a heritage group, the consent authority is to be satisfied that:
(a) the proposed development will not reduce the heritage significance of the heritage item or heritage group, and
(b) the effect of the proposed development on significant structural fabric, on stylistic, horticultural, or archaeological features of the item, on its curtilage and on the contribution the features make to the significance of the item or the site have been considered.
Before granting consent for development in a heritage group, the consent authority is to assess:
(a) whether the proposed development retains the characteristic features of the heritage group, and
(b) whether the following aspects of the proposed development are compatible with the characteristic features of the heritage group, including the height, number of storeys, bulk and scale of buildings within the group:
(i) the pitch, form and detail of the roof,
(ii) the style, size, proportion and position of openings for windows or doors,
(iii) the colour, texture, styles, size and type of finish of the materials to be used on the exterior of the building.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
(Repealed)
Before granting consent to development on land in the vicinity of a heritage item or heritage group, the consent authority must take into account the likely effect the proposed development will have on the heritage significance of the heritage item or heritage group.
The consent authority may grant consent to the use, for any purpose, of a building that is a heritage item or within a heritage group, or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:
(a) the proposed use would have little or no adverse effect on the amenity of the locality, and
(b) the proposed use would not adversely affect the heritage significance of the heritage item or heritage group, and
(c) the conservation of the building depends on the granting of the consent.
The Council is to maintain a register identifying archaeological sites and potential archaeological sites within the LGA.
The consent authority may grant consent to the carrying out of development on an archaeological site or potential archaeological site 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, and
(b) it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
The list of heritage items and heritage groups appears in Schedule 2 to this plan.
This clause applies to the land known as Rookwood Cemetery.
Development consent from, and notification to, the consent authority is not required under this plan for:
(a) the creation of a new grave, or a monument or crypt in an area approved for the purpose by the appropriate authority, or
(b) the further use of an existing grave site or crypt,
within a graveyard that is a heritage item, provided the heritage significance of the item is not adversely affected.
Development consent from, or notification to, the consent authority is not required for maintenance or embellishment of existing graves, crypts or monuments.
The consent authority must not consent to development in Zone No 2 (a), 2 (b), 2 (c), 3 (a), 3 (b), 4 (a), 4 (b), 4 (c) or 4 (d) if it considers that the development will prevent the surrounding lots from being developed in accordance with this plan.
Despite any other provision of this plan, development may be carried out, but only with development consent, on land specified in Column 1 of Schedule 6 for the purpose of a building, work, place or land use specified in Column 2 of that Schedule in relation to that land, subject to conditions (if any) specified in Column 3 of that Schedule.
Despite any other provision of this plan, development may be carried out, but only with development consent, on land within Zone No 3 (a), 3 (b), 4 (a), 4 (b), 4 (c), 4 (d), 4 (e) 6 (a) or 6 (b) for the purpose of any building, work, place or land use that is not defined for the purposes of this plan if:
(a) the consent authority is satisfied that, due to its type, function and scale, and the nature of the environment in which it is proposed to be located, the proposed development will be consistent with the objectives of the zone in which it is proposed to be carried out, and
(b) the consent authority is satisfied that the proposed development will not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and
(c) the proposed development does not involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale, and does not involve the manufacture or processing of any hazardous chemicals or materials or any pollutants, and
(d) the proposed development will not contravene any condition of a development consent already applying to the land, and
(e) it is not to be carried out on the site of a heritage item or within a building that is within a heritage group, and
(f) it is not to be carried out on a site that has previously been used as a service station or for mining or extractive industry, for waste storage or waste treatment or for the manufacture of chemicals, asbestos or asbestos products, unless a notice of completion of remediation work for the proposed use has been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land.
If the Council is the consent authority for an application made for consent to development allowed by subclause (2), the Council:
(a) must give notice of the application to the Director when it is lodged, and
(b) must not grant the application until either 28 days has expired after the notice is received by the Director or the Director has sooner given the Council notice that the Director is satisfied that the Council is the appropriate consent authority.
The consent authority may grant consent to community use of land and facilities of educational establishments and places of public worship as well as the commercial operation of those facilities and sites where it is satisfied that there will be no adverse impact on the surrounding area in terms of:
(a) its design, height and siting, and
(b) its operation, and
(c) traffic generation and car parking, and
(d) noise, light, dust and odour nuisance, and
(e) privacy, and
(f) stormwater drainage, and
(g) hours of operation, and
(h) overshadowing.
Any development on contaminated land may be carried out only with development consent, subject to the Contaminated Land Management Act 1997 and State Environmental Planning Policy No 55—Remediation of Land.
Consent must not be granted for development adjoining an arterial road or a railway line unless the consent authority is satisfied that appropriate noise attenuation measures are to be employed.
Any development may be carried out on land shown uncoloured on the map but only with the consent of the consent authority.
The consent authority must not grant consent to the erection of a building or the carrying out of works on land to which this plan applies if, in the opinion of the consent authority:
(a) the land is within a floodway, and
(b) the carrying out of the proposed development is likely to have the following consequences:
(i) adversely impede the flow of floodwaters on the land or land in its immediate vicinity,
(ii) imperil the safety of persons on that land or land in its immediate vicinity in the event of the land being inundated with flood waters,
(iii) aggravate the consequences of floodwaters flowing on that land or land in its immediate vicinity with regard to erosion or siltation,
(iv) adversely affect the water table of land in its immediate vicinity.
The Council may, by resolution, fix a foreshore building line in respect of any land fronting Parramatta River, Duck River or Haslams Creek.
A foreshore building line, when fixed by the Council, is to be marked on a plan or clearly described in the resolution and such plan and resolution is to be available for inspection by the public, without charge, during the office hours of the Council.
The Council may alter or abolish any foreshore building line for a particular site where the levels, depth or other exceptional features of the site make it expedient to do so.
Except as provided by subclause (5), the consent authority must not consent to development for the purpose of a building, car parking area or vehicular manoeuvring area between the foreshore building line and adjacent tidal waters.
The consent authority may consent to development for the purpose of the following on land between the foreshore building line and adjacent tidal waters:
(a) marinas,
(b) wharves,
(c) jetties,
(d) haul-out structures,
(e) boat ramps,
(f) works associated with park and playground equipment,
(g) bicycle tracks and footpaths.
Consent for the placing of landfill may be granted only if the consent authority is satisfied that:
(a) the landfill is required for the reasonable economic use of the land on which it takes place or for the provision of utility services, and
(b) there would be no adverse impact on:
(i) a water body, or
(ii) private or public property, or
(iii) groundwater quality and resources, or
(iv) stormwater drainage, or
(v) flooding.
The public land described in Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.
Land described in Part 1 of Schedule 4:
(a) to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.
Land described in Columns 1 and 2 of Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 2 of Schedule 4.
In this clause,
Before the relevant amending plan inserted the description of land into Part 2 of Schedule 4, the Governor approved of subclause (3) applying to the land.
Nothing in this plan is to be construed as restricting or prohibiting, or enabling the consent authority to restrict or prohibit, the carrying out of an activity of any description specified in Schedule 3 by a public authority or a corporation that was a public authority but has been privatised.
Nothing in this plan is to be construed as removing the requirement of determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.
The consent authority may decline to grant consent to the carrying out of any development on land unless:
(a) a water supply, and facilities for sewage disposal and drainage, are available to that land, or
(b) arrangements satisfactory to the consent authority and to Sydney Water, as the case requires, have been made or are required to be made for the provision of that supply and those facilities.
For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any covenant, agreement or similar instrument that purports to impose restrictions on the carrying out of development on the land to which this plan applies, to the extent necessary to serve that purpose, does not apply to any such development.
Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.
Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclauses (1) and (2).
Despite any other provision of this plan, the consent authority may grant development consent to the carrying out of development (other than designated or State significant development) for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year, but only if:
(a) it would not generate an excessive demand for public services, and
(b) it would be compatible with the character and amenity of nearby development in terms of:
(i) its design, height and siting, and
(ii) its operation, and
(iii) traffic generation and car parking, and
(iv) noise, light, dust, and odour nuisance, and
(v) privacy, and
(vi) stormwater drainage, and
(vii) hours of operation, and
(viii) overshadowing, and
(c) it would not be inconsistent with any current consent applying to the land.
A tree preservation order made in relation to land to which this plan applies, and in force immediately before the appointed day, is taken to be a tree preservation order made by the Council under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 and may be rescinded or varied in accordance with that clause.
The following provisions of the Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan:
(a) the definitions of
boarding-house ,extractive industry ,helipad ,heliport ,institution andmine in clause 4 (1),(b) clause 8 (Preservation of trees).
The consent authority must not grant consent for development of the whole or any part of a parcel of land described in Part 1 of Schedule 7 unless the consent authority is satisfied that the proposed development will form part of staged development in which:
(a) the first stage, to the greatest extent practicable, has regard to all of the matters required by Part 2 of Schedule 7 to be taken into account in staged development proposals and such additional matters as the consent authority may require in relation to the parcel, and
(b) each subsequent stage has regard to the first stage.
Subclause (1) does not apply if:
(a) the development concerned is for the purpose of landscaping, servicing, remediation or demolition, or
(b) the development is, in the opinion of the consent authority, of a minor nature, or
(c) in the opinion of the consent authority, consent has been granted for all development of the parcel that will be carried out as staged development.
Consent must not be granted to staged development of the parcel of land identified in Part 1 of Schedule 7 as the Lidcombe Hospital Site unless the total number of dwellings to be erected on the land does not exceed the number calculated in accordance with the following formula:
For the purposes of this subclause:
Consent must not be granted to the first stage of a staged development of the parcel of land identified in Part 1 of Schedule 7 as the Royal Australian Air Force (RAAF) Site unless the consent:
(a) applies to the whole of the Site, or
(b) applies to:
(i) all the land zoned 2 (b) Residential (Medium Density) within the Site, or
(ii) all the land zoned 4 (a) General Industrial within the Site,
and the staged development application makes provision, to the satisfaction of the consent authority, for vehicular and pedestrian access to the remainder of that Site.
(Clause 5)
In this plan:
(a) make structural or non-structural changes to the outside of the heritage item, building or work such as changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, but not changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work, or
(b) make structural or non-structural changes to the interior of the heritage item but not changes in the form of office partitioning, floor covering, or painting.
(a) billiards, pool or other like games, or
(b) electrically or mechanically operated amusement devices, such as pinball machines, video games and the like, but does not include a building or place used primarily for other purposes.
(a) the requirements of the ANZECC and NH &MRC Guidelines, and
(b) any guidelines, protocols or standards published by the Environment Protection Authority and notified to the Council that are relevant to remediation procedures, the type of contamination on the land or the type of use to which the land was, or is proposed to be, put.
(a) a large area for handling, storage or display, and
(b) easy and direct vehicular access to enable the goods to be collected by customers after sale.
(a) body building, or
(b) panel beating involving dismantling, or
(c) spray painting (except for touching up).
(a) columns, fin walls, shade devices, and any elements, projections or works outside the general lines of the outer face of the external walls, and
(b) lift towers, cooling towers, machinery and associated plant rooms, and ancillary storage space and vertical air conditioning ducts, and
(c) car, coach and bicycle parking that complies with the maximum requirements of the Council’s applicable development control plan and any internal access to that parking, and
(d) space for the loading and unloading of goods (but not in the case of warehouses or distribution centres).
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) a podiatrist registered under the Podiatrists Act 1989, and
(b) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991, and
(c) a physiotherapist registered under the Physiotherapists Registration Act 1945, and
(d) an optometrist registered under the Optometrists Act 1930, and
(e) a dentist registered under the Dentists Act 1989.
(a) railway,
(b) road transport,
(c) water transport,
(d) air transport,
(e) wharf or river undertakings,
(f) undertakings for the supply of water,
(g) hydraulic power,
(h) electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking is to be construed as including a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.
(Clause 39)
Item No | Address | Suburb | Property description | Name | |
1 | 1–3–4–100 | 98 Adderley Street | Silverwater | Lot 1 DP 573689 | Auburn North Public School and Ficus macrophylla, Moreton Bay Fig Tree |
2 | 6–3–2–101 | 20 Amy Street | Regents Park | Lot 11 DP 12804 | Commercial building |
3 | S–8–7 | 245 Auburn Road | Auburn | Lot 3 DP 362954 | Dwelling |
4 | 8–1–1–100L | Northeast corner of Auburn Road and Beatrice Street located in the grounds of Auburn Primary School | Auburn | Lots 20 21 DP 975486 | Eucalyptus mollucana &Auburn Public School |
5 | 8–2–4–105 | Southwest corner, Alice Street and Normanby Road | Auburn | Lots 101 &102 DP 850653 | St Joseph’s Hospital (former Duncraggan Hall) |
6 | 7–2–3–111A | Auburn Road at the Water Supply Mains | Regents Park | Auburn Road Bridge over water pipeline | |
7 | 6–2–4–103 (A) | Campbell Street | Berala | Lot 2 DP 803675 | Berala Railway Station |
8 | 8–5–4–102L | Chisholm Road | Auburn | Lot 1 DP 222366, Lot 12 Sec 8 DP 7097, Pt Lot 1 DP 938994, Lot 36 Sec 8 DP 7097, Pt Lots 1 &2 DP 235351, Lots 26–29 DP 6713 | Auburn Botanic Gardens |
9 | 7–3–4–103 | 47 Harrow Road | Auburn | Lot 67 DP 849415 | Auburn Fire Station (former) |
10 | 9–2–4–102 | 37 Church Street | Lidcombe | Lot 1 DP 73883 | Lidcombe Fire Station |
11 | 9–2–2–104 | Church Street (cnr John Street) | Lidcombe | Lot 1 DP 83241 | Hotel Lidcombe |
12 | 9–4–4–102 | (Main entrance) at Church Street | Lidcombe | Park bounded by Olympic Drive, Boorea Street, Percy Street and Church Street | Wyatt Park, Haslems Creek, Lidcombe Pool, Lidcombe Oval, Stormwater Drain |
13 | 7–3–4–101 | Cnr Clarke Street, Harrow Road and Auburn Road | Berala | Lots 15–18 DP 6776, Lots 19–27 and 37–39 DP 6776, Lots 49–54 DP 6776, Lot 495 DP 729392, Lots 40–48 DP 6776 | Berala Public School |
14 | 7–2–3–100 | 258 Cumberland Road | Auburn | Lot 14 DP 19559 | Dwelling |
15 | 6–3–1–100A | Goods line adjacent to Dawes Avenue | Regents Park | Lot 2 DP 8276 | Railway signal |
16 | 1–3–2–101 | 79 Derby Street | Silverwater | Lot 1 DP 631335 | Earnest Fleming Pty Ltd machinery merchants |
17 | 9–2–3–116 | 59 East Street | Lidcombe | Lot 25 DP 6508 | The Gables |
18 | 4–2–2–100A | Bounded by East and Railway Streets | Rookwood | Rookwood Cemetery or Necropolis | |
19 | 8–5–4–101 | Cnr Hargrave Road, Water Street and Norval Street | Auburn | Lot 5 Sec 4 DP 873, Lot 16 Sec 4 DP 873, Lot B DP 102993 &Lot X DP 102994 | Arthur Stone Building within the Auburn Hospital |
20 | 8–2–3–133 | 25 Harrow Road | Auburn | Lot 9 Sec 7 DP 982836 | Victorian dwelling |
21 | 8–3–4–106 | 14 Harrow Road | Auburn | Lots 23–25 Sec 6 DP 982836 | Auburn Baptist Church |
22 | S–9–1 | 24 James Street | Auburn | Lot 1 DP 868904 | Dwelling |
23 | 7–3–4–102 | Northeast corner Helena Street and Harrow Road | Auburn | Lots 24–27 Sec 11 DP 982836 | Uniting Church Auburn Parish and adjacent Victory Hall |
24 | 9–3–4–108A | Wellington Park, cnr James and Joseph Streets | Lidcombe | Wellington Park | Lidcombe War Memorial statue |
25 | 9–3–4–102 | Cnr John Street, Doodson Avenue and Mill Street | Lidcombe | Lot 1 DP 194776 | Lidcombe Public School and Infants Department |
26 | 9–2–4–105 | 11 John Street | Lidcombe | Lot 3 DP 233926 | Lidcombe Police Station |
27 | 9–3–4–107 | John Street and 7 Mary Street | Lidcombe | Lot 1 DP 782402 | St Joachims Catholic Church, Parish Hall and School |
28 | 7–2–3–110A | South Boundary of LGA, Duck River to Joseph Street | Lidcombe | Water supply pipeline | |
29 | 5–2–4–101 | Off Joseph Street | Lidcombe | Pt Portion 464 | Minali Special School early twentieth century residence |
30 | 9–3–2–101 | 49 Joseph Street | Lidcombe | Lots 1 &2 DP 8225 | Fenton House |
31 | 9–2–4–101 | 27 Joseph Street | Lidcombe | Lot 1 DP 73883 | Lidcombe Post Office |
32 | 9–2–2–100 | Southwest corner, Joseph Street and Railway Street (4 Joseph Street) | Lidcombe | Lot 28 DP 655869 | Railway Hotel |
33 | 9–2–3–117 | 53 Kerrs Parade | Lidcombe | Lots 9 &10 Sec 5 DP 3424 | Dwelling |
34 | 8–3–3–111 | 3 Kihilla Street | Auburn | Lot A DP 313590 | Dwelling |
35 | 6–3–4–102L | Lidbury Street | Berala | Brush box street trees | |
36 | 8–3–4–103 | Cnr Macquarie Road &Hall Street (48 Hall Street) | Auburn | Lots 28–30 Sec 11 DP 995 | St Phillips Anglican Family Church |
37 | 8–3–3–100 | 24 Mary Street | Auburn | Lot A DP 73573 | Lea’s Temperance Hall (former) |
38 | 8–3–3–101 | 8 Mary Street | Auburn | Lot 1 DP 441756 | Dwelling |
39 | 8–3–4–109A | Located in the RSL car park opposite the Auburn RSL, Northumberland Road | Auburn | Located on Lots 1–5 DP 995 | Auburn War Memorial |
40 | S–8–2 | 31 North Parade | Auburn | Lot A DP 350976 | Dwelling |
41 | 9–5–4–101L | Olympic Drive | Lidcombe | Stand of Eucalyptus microcorys | |
42 | 9–3–1–100A | Olympic Drive at Church Street and the Main Suburban Line | Lidcombe | Railway overpass over Olympic Drive | |
43 | 6–3–4–101 | Park Road | Regents Park | Lots 1 &2 DP 789065, Lot 101 DP 1002946, Vol 9705 Folio 245 | Regents Park Railway Station |
44 | 3–1–1–102A | Parramatta Road at Haslems Creek | Lidcombe | Parramatta Road, road bridge over Haslems Creek | |
45 | 8–3–1–100A | Parramatta Road at Macquarie Road | Auburn | Pedestrian overhead footbridge | |
46 | 8–2–1–101A | Parramatta Road between Rawson Street, Duck River, Manchester Road and The Crescent | Auburn | Lot 4 DP 1007656, Lot 1 DP 833989, Lots 1, 2, 3, 5 &6 DP 1007656, Lot 201 DP 1007683, Lot 2 DP 827674 | Clyde Marshalling Yards (use archaeological) |
47 | 1–4–2–101 | 93 Parramatta Road | Auburn | Lot 167 DP 610769 | No 167 electricity substation |
48 | 2–3–2–100A | Haslams Creek at Parramatta Road | Lidcombe | Near Parramatta Road overbridge | Canalisation of Haslems Creek south of Parramatta Road |
49 | 2–1–1–100L | Corner of Parramatta Road and Hill Road | Auburn | Stand of Eucalyptus longifolia | |
50 | 8–3–1–101A | South side of Parramatta Road between Rawson Street and Duck River | Auburn | Parramatta milestone | |
51 | 8–3–1–103A | South side of Parramatta Road, east of Station Road, east of Delhi Street, east side of railway bridge abutments near Birnie Street | Auburn | Parramatta Road milestones | |
52 | 8–2–3–131 | 16 Queen Street | Auburn | Lot 4 Sec 16 DP 1389 | Dwelling |
53 | 8–3–4–101 | 54 Queen Street | Auburn | Lot 1 DP 195515 | Auburn Ambulance Station |
54 | 9–2–2–101 | 46–50 Railway Street | Lidcombe | Lots 6 &7 DP 846 | Royal Oak Hotel |
55 | 9–3–1–101A | Railway Street, between Mark and East Streets south side of railway lines | Lidcombe | Lidcombe Signal Box | |
56 | 8–3–4–108 | 51 Rawson Street | Auburn | Lot 1 DP 978290 &Lot 1 DP 655963 | Keighery Hotel |
57 | 8–3–1–102A | Rawson Street, opposite Karrabah Road | Auburn | Located on Lot 1 DP 833989 | Auburn Signal Box |
58 | 6–4–4–101 | 64 Regent Street | Regents Park | Lots 1 &B DP 323658 | St Peter Chanel School Hall Church and Rectory |
59 | 1–1–1–100L | Silverwater | Silverwater | Lower Duck River Wetlands | |
60 | 1–2–3–118 | 24 Silverwater Road | Silverwater | Lot 1 DP 192501 | Dwelling |
61 | 8–2–4–108 | South Parade | Auburn | Lot 1 DP 1006622 | Auburn Railway Station |
62 | 7–2–4–100L | Corner of St Johns Road and Park Road | Auburn | Lot 1 DP 828311 | Grey Box Reserve |
63 | 8–4–3–100 | 21 Yillowra Street | Auburn | Lot 1 DP 798097 | Inter war dwelling |
64 | S–8–3 | Cnr Water Street and Auburn Road | Auburn | Horse trough | |
65 | S–8–4 | 4 Auburn Road | Auburn | Pt Lots 1, 2 &3 Sec 19 DP 66358, Lot 1 DP 119916 | Jack Lang Plaque |
66 | S–8–5 | 26–36 Northumberland Road | Auburn | Lots 1–5 DP 995 | RSL Statue RSL carpark |
67 | S–8–6 | Cnr Yarram &Boorea Street | Lidcombe | Clive E Evatt Commemorative Plaque |
Joseph Street (former Lidcombe Hospital Site Heritage Group) | Lidcombe | Lot 1 DP 830779, Pt 72 C2338–2030 and Lot 1 DP 598188 | Aged Care Assessment and Medical Museum Physiotherapy Out Patients Occupational Therapy Speech Pathology Unit Salaries and Finance Section Dormitory Block/Convalescent Wards Work Assembly Unit/Occupational Therapy Rehabilitation Workshop Dormitory Block/Convalescent Wards Former Verminous Patients Bathroom, Toilet Block Sawing Room Former Ablution Facilities Orchid Society Rooms Dermatology Unit Diabetes Centre Medical Ward Ophthalmology CMLA Workshop Orchid Society Building Nurses Home Old Training School Chaplain Residence Boiler House with Chimney Stack Herdsman’s Cottage Recreation Hall Gatehouse Air Raid Shelter Clock Tower |
(Clause 58)
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:
(a) any development required in connection with movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, or
(b) the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c) the construction of new railways, railway stations and bridges over roads, and
(d) the erection, reconstruction and alteration of buildings for purposes other than railway purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:
(a) development of any description at or below the surface of the ground, or
(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation, or
(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brick, or
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, or
(e) the provision of public lighting, or
(f) the erection of service reservoirs on land acquired or in process of being acquired for that purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or
(g) any other development except:
(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or
(ii) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf, or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:
(a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, within the boundaries of any aerodrome, or any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant required for that purpose, except:
(a) the erection of buildings and construction or alteration of buildings so as to materially affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
(a) the erection of buildings and the construction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by the owner or lessee of a mine (other than a mineral sand mine), on the mine, of any development required for the purposes of a mine, except:
(a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance, repair or operation of any road, except the widening or realignment of a road.
The carrying out, or causing to be carried out, by a council engaged in flood mitigation works or by the Water Administration Ministerial Corporation of any work for the purposes of soil conservation, irrigation, afforestation, reforestation, flood mitigation, water conservation or river improvements in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except:
(a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
(Clause 57)
Column 1 | Column 2 | Column 3 |
Locality | Description | Trusts etc not discharged |
Chisholm Road | Lots 32 and 33, DP 9380 and Lot 57, DP 6713, as shown edged heavy black on Sheet 2 of the map marked “Auburn Local Environmental Plan 2000 (Amendment No 7)” deposited in the office of Auburn Council ( | Nil. |
Chisholm Road East | Lots 1–3, DP 235351, as shown edged heavy black on Sheet 2 of Amendment No 7 map. | Nil. |
Corner of Dartbrook Road and Simpson Street | Lot 2, DP 959197, as shown edged heavy black on Sheet 3 of Amendment No 7 map. | Nil. |
Edgar Street | Lots 28, 34, 35, 37 and 41, DP 8800, as shown edged heavy black on Sheet 4 of Amendment No 7 map. | Nil. |
Euston Road | Lots 82–85, DP 743655 | Nil. |
Killeen Street | Lot 18, DP 6713, as shown edged heavy black on Sheet 2 of Amendment No 7 map. | Nil. |
Ostend Street | Lots 26, 30 and 31, DP 9380, as shown edged heavy black on Sheet 2 of Amendment No 7 map. | Nil. |
29A Queen Street | Lot A, DP 409667, as shown edged heavy black on the map marked “Auburn Local Environmental Plan 2000 (Amendment No 2)”. | Nil. |
Stanhope Street | Lot 48, DP 77377, as shown edged heavy black on Sheet 4 of Amendment No 7 map. | Nil. |
Tavistock Street | Lots 109 and 110, DP 743655, Lot 107, DP 59874 and Lot 108, DP 742965 | Nil. |
Webbs Avenue | Lots 14, 16–19, 29–32, 34–36 and 42, DP 1463, as shown edged heavy black on Sheet 4 of Amendment No 7 map. | Nil. |
West Street | Lots 5 and 44, DP 7097, as shown edged heavy black on Sheet 4 of Amendment No 7 map. | Nil. |
Weymouth Avenue | Lots 7–11 and 35, DP 13471, as shown edged heavy black on Sheet 2 of Amendment No 7 map. | Nil. |
Eric Crescent | Lot 22, DP 219238, as shown edged heavy black on Sheet 5 of Amendment No 7 map. | Nil. |
(Clauses 9 (4), 11–13, 15, 16, 18–21, 26–28, 32 and 33)
Development control plan title | Date adopted |
Auburn Development Control Plan 2000—Exempt and Complying Development Control Plan | 1 March 2000 |
(Clause 49)
Column 1 | Column 2 | Column 3 |
Land with street frontage to Mary Street Auburn between Harrow Road and Alice Street | medical centres | |
172 South Parade, Auburn | liquor store | |
Existing Recreation Hall within former Lidcombe Hospital Site (Lot 1 DP 876565) | places of assembly | |
Lidcombe RSL Club, Taylor Street, Lidcombe | club | |
Lots A B, FP 300670 Norval Street, Auburn | medical uses | |
Lot C, DP 384900, Victoria Street, Lidcombe | auction room | |
Lot B, DP 394065 having frontage to Birnie Avenue and Bachell Avenue, Lidcombe | computer centre staff training centre | |
Lot 1, DP 220080, St Hilliers Road, Auburn | commercial premises | |
Land shown within Zone No 2 (b), Residential (Medium Density), on the map marked “Auburn Local Environmental Plan 2000 (Amendment No 3)”, being the Royal Australian Air Force (RAAF) Site at Regents Park | residential flat buildings containing altogether a maximum of 110 dwellings | |
Lots 82–85, DP 743655, Euston Road, Auburn and Lots 109 and 110, DP 743655, Lot 107, DP 59874 and Lot 108, DP 742965, Tavistock Street, Auburn, as shown edged heavy black on the map marked “Auburn Local Environmental Plan 2000 (Amendment No 13)” | Commercial premises, ancillary shops and parking |
(Clause 64)
This Schedule applies to the following parcels of land each of which is shown by distinctive colouring and edged black on the map:
(a) Lidcombe Hospital Site,
(b) Clyde Marshalling Yards,
(c) Royal Australian Air Force (RAAF) Site.
1 The following matters are to be taken into account in all staged development proposals:
(a) details of all proposed stages of development,
(b) distribution of land uses,
(c) general building envelopes, building heights and built form requirements,
(d) pedestrian, cycle and vehicular access, and circulation networks, including whether there is adequate provision for wheelchairs,
(e) parking provision,
(f) a heritage impact statement prepared by an appropriately qualified heritage adviser supported by evidence of consultation with the Heritage Office,
(g) infrastructure needs and design principles,
(h) guidelines for the location, maintenance, ownership and other requirements for open space and landscaping, and for access to open space,
(i) ecologically sustainable development principles,
(j) managing the total water cycle, including effluent and stormwater treatment and re-use,
(k) passive and active energy conservation,
(l) integration of land use and transport planning by satisfactory parking provision,
(m) optimising public transport accessibility,
(n) reducing greenhouse gas emissions,
(o) implementing the waste management hierarchy specified in section 3 of the Waste Minimisation and Management Act 1995,
(p) preventing or mitigating all adverse environmental impacts,
(q) mitigating noise impacts from sources both internal and external to the site,
(r) appropriate levels of access and amenity for existing uses on the site, including the issues of vehicular access, security, fencing and location of open space,
(s) effective erosion and sedimentation controls,
(t) requirements relating to remediation of land made by State Environmental Planning Policy No 55—Remediation of Land,
(u) any other matters stipulated as general considerations by the Council.
2 The following additional matter is to be taken into account in the staged development of the Lidcombe Hospital Site:
• whether appropriate levels of access and amenity for Ferguson Lodge will be provided, including adequate vehicular access, security fencing and well located open space.
3 The following additional matter is to be taken into account in the staged development of the Clyde Marshalling Yards site:
• the desirability for a railway overbridge to provide a vehicular and pedestrian link between Manchester Road and Parramatta Road.
4 The following additional matters are to be taken into account in the staged development of the Royal Australian Air Force (RAAF) Site:
(a) whether the staged development proposal has made provision for remedial action of the contaminated land,
(b) whether the land will be remediated before the land is used for the proposed development,
(c) whether the land is suitable, in its contaminated state (or will be suitable, after remediation) for the proposed development,
(d) whether satisfactory arrangements have been made with respect to the drainage of the land and whether that drainage affects the drainage of other land, whether or not the other land is land to which this plan applies.
Nothing in this clause affects the operation of State Environmental Planning Policy No 55—Remediation of Land.
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