Bankstown Local Environmental Plan 2001 (NSW)

Part 1Preliminary1Name of plan

This plan is Bankstown Local Environmental Plan 2001.

2Objectives of this plan

The objectives of this plan are:

• (a)

  to regulate development in accordance with the following principles:

  • (i)

    new buildings should be designed to achieve:

    • (A)

      good urban design, and

    • (B)

      public and private safety, and

    • (C)

      energy and resource efficiency, and

  • (ii)

    remnant bushland, natural watercourses and threatened species should be protected, and

  • (iii)

    intensive trip generating activities should be concentrated in locations most accessible to rail transport, and

  • (iv)

    new development should not diminish the role of the Bankstown central business district (CBD) as a sub-regional centre, and

  • (v)

    new development in or affecting residential areas should be compatible with the prevailing suburban character and amenity of the locality of the development site, and

• (b)

  to provide a framework within which the Council may prepare development control plans to make more detailed provisions.

3Land where this plan applies

This plan applies to all land within the City of Bankstown.

4Effect of this plan on other environmental planning instruments(1)

This plan repeals all deemed environmental planning instruments and local environmental plans applying to land within the City of Bankstown immediately before the appointed day.

(2)

However, environmental planning instruments as in force immediately before the appointed day continue to apply to a development application if:

• (a)

  the application was made but had not been finally determined before the appointed day, and

• (b)

  the proposed development is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments as so in force.

Note—

Clause 4 (3), as exhibited, is deferred matter.

(3)

State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development is amended by inserting at the end of Schedule 1:

Clause 22 of Bankstown Local Environmental Plan 2001

5Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

6Definitions(1)

Except insofar as the context or subject-matter otherwise indicates or requires, the expressions used in this plan (or in a particular provision of this plan) which are defined in the Dictionary in Schedule 1 to this plan have the meanings set out in that Dictionary.

(2)

In this plan:

• (a)

  a reference to a building, work or place used for a purpose includes a reference to a building, work or place proposed to be used for the purpose, and

• (b)

  a reference to a map is a reference to a map kept in the office of the Council.

(3)

The table of contents of this plan and any explanatory notes do not form part of this plan.

7Covenants(1)

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 restrict or prohibit the carrying out of development on land to which this plan applies, to the extent necessary to serve that purpose, does not apply to any such development.

(2)

Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)

In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.

7ASavings and transitional provision

A development application made (but not finally determined) before the commencement of Bankstown Local Environmental Plan 2001 (Amendment No 46) may be determined and have effect as if that plan had not been made.

Part 2General zoning controls8Zones in this plan(1)

The following lists each zone within which land to which this plan applies may be situated:

• •Zone

  1—Rural

  2 (a)—Residential A

  2 (b)—Residential B

  2 (c)—Residential C

  3 (a)—Business—CBD

  3 (b)—Business—Other Centres

  3 (c)—Business—Enterprise

  4 (a)—General Industrial

  4 (b)—Light Industrial

  5—Special Uses

  6 (a)—Open Space

  6 (b)—Private Recreation

  7—Environment Protection (Conservation)

  8—National Parks and Nature Reserves

(2)

Land is within a zone if it is indicated on the map:

• (a)

  in the case of a coloured map, by the colour indicated on the map as relating to that zone, or

• (b)

  in the case of a black and white representation of the map, by the number of the zone.

9Exempt development(1)

Development of minimal environmental impact is exempt development if it is included in Schedule 1 to Part D1 of DCP 2005 and:

• (a)

  it is development that may otherwise be carried out with development consent under this plan, and

• (b)

  it complies with the development standards and other requirements specified for it in Part D1 of DCP 2005, and

• (c)

  it is not located on or within a heritage item or within the curtilage of a heritage item identified in this or any other environmental planning instrument or in a development control plan applying to the land, and

• (d)

  it is not in an area identified in this or any other environmental planning instrument or in a development control plan applying to the land as land that is bushfire prone, flood liable, contaminated, subject to subsidence, slip, erosion or acid sulfate soil, and

• (e)

  it has the relevant approval, where it will be carried out within a zone of influence for a public sewer main, and

• (f)

  it has the relevant approval, where it will be carried out on the site of an easement, and

• (g)

  it has the relevant approval, where it will involve removal of any native or exotic trees in excess of 3 metres in height, and

• (h)

  it is not to be carried out on land in Zone 6 (a) that is designated as a floodway on the map, and

• (i)

  it will not be carried out on land that is critical habitat (as defined in the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994) or land that is or is part of a wilderness area (within the meaning of the Wilderness Act 1987), and

• (j)

  it is not designated development or integrated development. Further, it is not development consent that requires the concurrence of the Director-General of National Parks and Wildlife, and

• (k)

  it will not be carried out on land to which an order under the Heritage Act 1977 applies, and

• (l)

  it is not to be carried out in Zone 7 or on land otherwise identified in a development control plan as environmentally significant land, and

• (m)

  it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration or smell, and

• (n)

  it does not contravene a condition of a development consent which still applies to the land on which it will be carried out, and

• (o)

  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

• (p)

  it is not to be carried out on land identified on maps held by the Council and entitled Habitat for Threatened Species, and

• (q)

  it is not to be carried out in or within 40 metres of a natural water body or wildlife corridor, and

• (r)

  it will not result in significant alterations to the existing drainage regime, and

• (s)

  it is not a potentially hazardous industry or potentially offensive industry under State Environmental Planning Policy No 33—Hazardous and Offensive Development, and

• (t)

  it does not require development consent under a regional environmental plan or a State environmental planning policy.

(2)

In this clause:

DCP 2005 means Bankstown Development Control Plan 2005, as adopted by the Council on 21 December 2005.

10Complying development(1)

Development is complying development if it is included in Schedule 2 to Part D1 of DCP 2005 and:

• (a)

  it is development that may otherwise be carried out with development consent on the land, and

• (b)

  it complies with the development standards and other requirements specified for it in Part D1 of DCP 2005, and

• (c)

  it is not carried out in an area identified in this or any other environmental planning instrument or in a development control plan applying to the land as land that is bushfire prone, flood liable, contaminated, subject to subsidence, slip, erosion or acid sulfate soil, and

• (d)

  it is not located on or within a heritage item or within the curtilage of a heritage item identified in this or any other environmental planning instrument or in a development control plan applying to the land, and

• (e)

  it has the relevant approval, where it will be carried out within a zone of influence for a public sewer main, and

• (f)

  it has the relevant approval, where it will be carried out on the site of an easement, and

• (g)

  it has the relevant approval, where it will involve removal of any tree, and

• (h)

  it is not on land that is critical habitat (as defined in the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994) or land that is or is part of a wilderness area (within the meaning of the Wilderness Act 1987), and

• (i)

  it is not designated development or development for which consent cannot be granted except with the concurrence of a person other than the Council or the Director-General of National Parks and Wildlife, and

• (j)

  it will not be carried out on land to which an order under the Heritage Act 1977 applies, and

• (k)

  it is not to be carried out on land in Zone 7, or on land otherwise identified in a development control plan as environmentally significant land, or on land zoned for open space or arterial roads, and

• (l)

  it does not contravene a condition of a previous development consent which still applies to the land on which it will be carried out, and

• (m)

  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

• (n)

  it is not to be carried out on land identified on maps held by the Council and entitled Habitat for Threatened Species, and

• (o)

  it is not to be carried out within a natural water body or wildlife corridor, and

• (p)

  it will not result in significant alterations to the existing drainage regime, and

• (q)

  it is not a potentially hazardous industry or potentially offensive industry under State Environmental Planning Policy No 33—Hazardous and Offensive Development, and

• (r)

  it does not require development consent under a regional environmental plan or a State environmental planning policy.

(2)

A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Schedule 3 to Part D1 of DCP 2005.

(3)

In this clause:

DCP 2005 means Bankstown Development Control Plan 2005, as adopted by the Council on 21 December 2005.

11Development that is allowed or prohibited within a zone(1)

Unless otherwise provided by this plan (such as by the exempt development provisions in clause 9), the Table to this clause specifies for each zone the development that may be carried out only with consent, where “✔” is shown corresponding to that development.

(2)

Subject to other provisions of this plan (and clause 12 in particular), development referred to in the Table to this clause is prohibited in a zone if “✔” is not shown corresponding to that development.

(3)

The consent authority may grant consent to development only if it has had regard to:

• (a)

  the general objectives of this plan, and

• (b)

  the objectives of the zone in which it is proposed to be carried out, and

• (c)

  the other provisions of this plan.

(4)

Development may be carried out on land within Zone 7 only with development consent and only if the development is in accordance with a plan of management for the land adopted by the Council.

(5)

Any development authorised by or under the National Parks and Wildlife Act 1974 may be carried out on land within Zone 8 without development consent.

Table

Zone
Development for the purpose of:	Rural	Residential	Business	Industrial	Special Uses	Open Space
1	2 (a)	2 (b)	2 (c)	3 (a)	3 (b)	3 (c)	4 (a)	4 (b)	5	6 (a)	6 (b)
Agriculture	✔	✔
Amusement centres	✔	✔
Animal boarding or training establishments	✔
Bed and breakfast establishments	✔	✔	✔
Boarding-houses	✔	✔	✔
Brothels	✔	✔
Bulky goods complexes	✔
Bulky goods salesrooms or showrooms	✔	✔	✔	✔	✔
Business premises	✔	✔	✔
Car parks	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
Caravan parks	✔
Centre based child care centres	✔	✔	✔	✔	✔	✔	✔	✔	✔
Communications facilities	✔	✔	✔	✔	✔	✔	✔	✔	✔
Community facilities	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
Convenience stores	✔	✔	✔	✔	✔
Dams	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
Depots	✔	✔
Dual occupancies	✔	✔	✔
Dwelling houses	✔	✔	✔	✔	✔
Educational establishments	✔	✔	✔	✔	✔	✔
Entertainment establishments	✔	✔	✔
Entertainment facilities	✔	✔	✔	✔
Extractive industries	✔
Family day care centres	✔	✔	✔	✔	✔
Family housing	✔	✔	✔
Generating works	✔	✔
Hazardous industries
Hazardous storage establishments
Health consulting rooms	✔	✔	✔	✔	✔	✔	✔	✔
Helicopter landing sites	✔	✔	✔	✔	✔
Heliports
High-tech industries	✔
Highway service centres	✔	✔	✔
Home based child care centres	✔	✔	✔
Home businesses	✔	✔	✔	✔	✔	✔
Home offices	✔	✔	✔	✔	✔
Hospitals	✔	✔	✔	✔	✔	✔	✔	✔	✔
Hotels	✔	✔	✔	✔
Housing for older people or people with a disability	✔	✔	✔	✔	✔	✔
Industries	✔
Institutions	✔
Junk yards	✔
Landfilling	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
Light industries	✔	✔
Marinas	✔	✔	✔	✔
Materials recycling yards	✔
Medical centres	✔	✔	✔	✔	✔
Mines
Motels	✔	✔	✔	✔	✔	✔
Motor showrooms	✔	✔	✔	✔	✔
Multi dwelling housing	✔
Offensive industries
Offensive storage establishments
Office premises	✔	✔	✔	✔	✔
Passenger transport terminals	✔	✔	✔	✔	✔
Places of public worship	✔	✔	✔	✔	✔	✔	✔	✔
Plant hire	✔	✔	✔
Public buildings	✔	✔	✔	✔	✔	✔	✔	✔	✔
Recreation areas	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
Recreation facilities	✔	✔	✔	✔	✔	✔	✔	✔
Registered clubs	✔	✔	✔	✔	✔	✔
Research facilities	✔	✔	✔	✔	✔
Residential flat buildings	✔	✔	✔
Restaurants	✔	✔	✔	✔	✔
Restricted premises	✔
Retail plant nurseries	✔	✔	✔	✔	✔
Roadside stalls
Road transport terminals	✔
Rowhouses	✔	✔	✔
Sanctuaries	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
Secondary dwellings	✔
Serviced apartments	✔	✔	✔
Service stations	✔	✔	✔	✔	✔
Shops	✔	✔
Transport depots	✔
Utility installations	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
Vehicle body repair workshops	✔	✔
Vehicle repair stations	✔	✔	✔	✔	✔
Villas	✔	✔	✔
Warehouses or distribution centres	✔	✔	✔	✔
Waste disposal

12Additional discretion to grant consent(1)

Despite clause 11, but otherwise subject to this plan, the consent authority may grant consent to development that:

• (a)

  is not included in the Table to clause 11, or

• (b)

  would be prohibited by the Table to clause 11 in the absence of this clause.

(2)

The consent authority may grant consent pursuant to this clause only where it is satisfied that the proposed development:

• (a)

  is of a nature (whether by reason of its design, scale, manner of operation or otherwise) that would, in the absence of this clause, justify an amendment to this plan in order to permit the particular development, and

• (b)

  is not inconsistent with the objectives of the zone in which the development site is situated, and

• (c)

  is not inconsistent with the provisions of any other environmental planning instrument, and

• (d)

  will not have an adverse effect on other land in the vicinity.

(3)

Development under this clause is advertised development within the meaning of the Act.

Part 3Special provisions13Other development which requires consent(1)

Land to which this plan applies may be subdivided, but only with consent. However, unless required by Part 5, consent is not required for a subdivision for the purpose of:

• (a)

  widening a public road, or

• (b)

  making a minor adjustment to a boundary between allotments, being an adjustment that does not involve the creation of an additional allotment, or

• (c)

  rectifying an encroachment on an allotment, or

• (d)

  creating a public reserve, or

• (e)

  excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other rescue service purposes or public conveniences.

(2)

Development may be carried out on flood liable land only with consent.

(3)

Domestic satellite dishes may be erected in Zone 2 (a) or 2 (b) only with consent.

(4)

Development on land not included in a zone on the map may be carried out only with consent. Consent may be granted only for the carrying out of development that may be carried out in a zone adjoining the land concerned.

(5)

Development (including ordinarily ancillary or incidental development) may be carried out only with consent on land within Zone 5 for the purpose of the land use indicated for the land by lettering on the map. If there is no lettering shown on the map for land within Zone 5, the only development that may be carried out on such land is the development identified for that zone in the Table to clause 11 as being allowed with consent.

(6)

Development for the purpose of a sandwich shop may be carried out only with consent on land within Zone 4 (a) or 4 (b) that is not within 90 metres of an arterial road.

(7)

Except as otherwise provided by this plan, a building or work must not be demolished without consent.

Consent for demolition of a building or work is not required where that demolition is necessary to carry out development which is allowed by a development consent.

(8)

Despite any other provision of this plan, with the consent of the consent authority:

• (a)

  development may be carried out on land specified in Schedule 2 for the purpose of a building, work, place or land use specified in that Schedule in relation to that land, and

• (b)

  land specified in Schedule 2 may be subdivided, if subdivision is specified in that Schedule in relation to that land,

subject to such conditions, if any, as may be so specified.

(9)

Development for the purpose of stables may be carried out with development consent on land at Condell Park within Zone 2 (a) that is bounded by Railway Parade, Edgar Street, Yanderra Street, and the prolongation of the rear boundaries of land on the western side of Ellis Street.

(10)

Development for the purpose of pontoons, jetties, piers, berths or moorings may be carried out on land adjoining a waterway, but only with consent.

(11)

Despite any other provision of this plan, the consent authority may grant consent to development on land within Zone 5 or 6 (a) that is owned by the Council if the development is nominated for that land in a plan of management prepared by the Council.

(12)

Where a building on land within Zone 2 (a) or 2 (b) has been constructed as a shop prior to the appointed day and, in the opinion of the consent authority:

• (a)

  it is not suitable on physical or economic grounds for conversion to or replacement by a residential use, and

• (b)

  the proposed use will not adversely affect the amenity of the locality,

the consent authority may consent to the use of the building or part of the building for a shop or similar land use.

Nothing in this clause allows additions or extensions to the non-residential part of a building referred to in this clause.

(13)

Where demolition of a building or work is being carried out on land pursuant to a consent, the recycling of the demolished materials may be carried out on the land but only if development consent for the purpose of recycling such material on the land is first obtained.

(14)Note—

This provision is deferred matter under the Act.

14Development by public authorities

The following are allowed on land without consent:

• (a)

  the use of existing buildings of the Crown by the Crown, and

• (b)

  development or activities specified in Schedule 3.

15Roads, drainage, open space etc(1)

Development by the Council for the purpose of roads, drainage, open space, landscaping, gardening, bushfire hazard reduction, flood mitigation, car parking, pollution control devices or cycleways, including ordinarily ancillary or incidental development, may be carried out on any land (other than land within Zone 7) without development consent.

(2)

Development referred to in subclause (1) by a person other than the Council or on land within Zone 7 requires development consent, unless it is exempt development.

(3)

Despite subclause (2), development for the purpose of bushfire hazard reduction may be carried out on land within Zone 8 by or on behalf of the National Parks and Wildlife Service without development consent.

Part 4Other special provisions16General objectives of these special provisions

The general objectives of this Part are:

• (a)

  to minimise the impact of development on the environment, and

• (b)

  to preserve trees and remnant bushland and to protect ecosystems, and

• (c)

  to ensure that development is carried out in a manner that reflects constraints associated with flooding, acid sulfate soils, aircraft noise and the like, and

• (d)

  to provide for the acquisition and use of land reserved for a public purpose, and

• (e)

  to improve water quality in the Georges River Catchment area by better managing the quality and quantity of stormwater run-off, and

• (f)

  to regulate specific types of development.

17General environmental considerations(1)

This clause applies to development which is likely to have a significant environmental impact by way of clearing of vegetation, alteration of the natural land form or the potential for air, water or ground pollution.

(2)

Before granting consent for development to which this clause applies, the consent authority must take into consideration such of the following matters as are relevant to the circumstances of the proposed development:

• (a)

  the impact of that development on:

  • (i)

    flora and fauna, including threatened species, and

  • (ii)

    water quality of surface water bodies and ground water, and

  • (iii)

    any catchment management strategy applying to the land, and

• (b)

  the reduction of stormwater run-off by minimising the area of impervious surfaces, increasing infiltration and the use of rainwater tanks.

18Biodiversity protection(1)

The objective of this clause is to maintain terrestrial and aquatic biodiversity by:

• (a)

  protecting native flora and fauna, and

• (b)

  protecting the ecological processes necessary for the continued existence of native flora and fauna, and

• (c)

  encouraging the conservation and recovery of native flora and fauna and its habitats.

(2)

This clause applies to land identified as “Biodiversity” on the Biodiversity Protection Map.

(3)

In determining whether to grant development consent to development on land to which this clause applies, the consent authority must consider whether or not the development:

• (a)

  will cause any adverse impact on the condition, ecological value and significance of the flora and fauna on the land, and

• (b)

  will cause any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

• (c)

  has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

• (d)

  will cause any adverse impact on the habitat elements providing connectivity on the land.

(4)

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

• (a)

  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

• (b)

  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact.

19Ecologically sustainable development

Before granting consent for development, the consent authority must have regard to the following principles of ecologically sustainable development, to the extent it considers them relevant to the proposed development:

• (a)

  the conservation of energy and natural resources, particularly water and soil, and

• (b)

  the avoidance of environmentally damaging materials, and

• (c)

  the avoidance of significant adverse impact on the natural environment, particularly areas of remnant vegetation, watercourses and native flora and fauna, and

• (d)

  waste avoidance and waste minimisation, and

• (e)

  encouraging the use of public transport.

20Trees(1)

The Council may, by resolution, make, revoke or amend a tree preservation order.

(2)

A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, poisoning, removing or wilful destruction of any tree or trees to which a tree preservation order applies except in accordance with development consent, a permit issued by the Council or otherwise in accordance with the tree preservation order.

(3)

This clause does not apply in respect of:

• (a)

  trees within a State forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or

• (b)

  trees in a national park, within the meaning of the National Parks and Wildlife Act 1974, or

• (c)

  action required or authorised by or under any Act, or

• (d)

  plants declared to be noxious weeds under the Noxious Weeds Act 1993.

(4)

A tree preservation order and any revocation or amendment of such an order does not have effect until it has been published in a newspaper circulating in the Bankstown City local government area.

21Development adjacent to water bodies(1)

The Council may determine a foreshore building line on land adjoining a water body.

(2)

The erection of a building other than:

• (a)

  a marina, or

• (b)

  single storey boat sheds, or

• (c)

  below ground swimming pools, or

• (d)

  structures at or below ground level, or

• (e)

  wharves or jetties,

is prohibited between a foreshore building line and the adjacent water body.

(3)

Development must not be carried out within 40 metres of a water body except with development consent.

(4)

In determining a development application permitted by subclause (2) or required by subclause (3), the consent authority must take into consideration the likely impact of that development on the waterway, including the impact on:

• (a)

  water quality, and

• (b)

  bank stability, and

• (c)

  quantity and quality of water flows, and

• (d)

  aquatic biota, and

• (e)

  riparian vegetation.

22Acid sulfate soils(1)

A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).

Table

Class of land as shown on Acid Sulfate Soils Planning Maps

Works

1

Any works

2

Works below the natural ground surface

Works by which the watertable is likely to be lowered

3

Works beyond 1 metre below the natural ground surface

Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface

4

Works beyond 2 metres below the natural ground surface

Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface

5

Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land

(2)

For the purposes of the Table to subclause (1), works includes:

• (a)

  any disturbance of soil of a minor nature (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or

• (b)

  any other works that are likely to lower the watertable.

(3)

This clause does not require consent for the carrying out of those works if:

• (a)

  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the consent authority, and

• (b)

  the consent authority has given written advice to the person carrying out the works confirming that results of the preliminary assessment indicated the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(4)

The consent authority must not grant a consent required by this clause unless it has considered:

• (a)

  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

• (b)

  the likelihood of the proposed development resulting in the discharge of acid water, and

• (c)

  (Repealed)

(5)

This clause requires consent for development to be carried out by councils, county councils or drainage unions despite:

• (a)

  clauses 14 and 15 of, and item 2 of Schedule 3 to, this plan,

• (b)

  clause 10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development.

23Development adjacent to residential zones

In determining a development application that relates to land in a zone other than Zone 2 (a), 2 (b) or 2 (c) adjoining land in Zone 2 (a), 2 (b) or 2 (c), the consent authority must take into consideration the following matters:

• (a)

  whether any proposed building is compatible with the height, scale, siting and character of existing residential development within the adjoining residential zone,

• (b)

  whether any goods, plant, equipment and other material used in carrying out the proposed development will be stored or suitably screened from residential development,

• (c)

  whether the proposed development will maintain reasonable solar access to residential development between the hours of 9 am and 3 pm during the winter solstice,

• (d)

  whether noise generation from fixed sources or motor vehicles associated with the proposed development will be effectively insulated or otherwise minimised,

• (e)

  whether the proposed development will otherwise cause nuisance to residents, by way of hours of operation, traffic movement, parking, headlight glare, security lighting, fumes, gases, smoke, dust or odours, or the like,

• (f)

  whether any windows or balconies facing residential areas will be treated to avoid overlooking of private yard space or windows in residences.

24Airports(1)

In determining an application for consent to development on land in the vicinity of Bankstown Airport, the consent authority must consider:

• (a)

  the impact of the airport on the development to which the application relates in terms of Australian noise exposure forecasts, and

• (b)

  the obstacle limitation surface plan for the airport completed by the operator of the airport.

(2)

In regard to Bankstown Airport:

• (a)

  a dwelling (other than a dwelling house) may be erected on land in the vicinity of the airport where the ANEF is between 20 and 25 only if the dwelling meets Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction regarding interior noise levels, and

• (b)

  a dwelling house or housing for older people or people with a disability must not be erected on land in the vicinity of the airport where the ANEF exceeds 25 unless the Council is satisfied that the nature of occupation or internal noise attenuation measures enable reasonable amenity for the occupants, and

• (c)

  development for the purpose of dual occupancy, villas or rowhouses is prohibited on land in the vicinity of the airport where the ANEF exceeds 25, and

• (d)

  a hotel, motel, office premises or a public building may be erected on land where the ANEF for the airport is above 25 only if the building meets Australian Standard AS 2021—2000, Acoustics-Aircraft noise intrusion—Building siting and construction regarding interior noise levels.

(3)

In this clause:

ANEF means Australian Noise Exposure Forecast as endorsed by Airservices Australia on 26 November 2004 and kept in the office of the Council.

25Outdoor advertising(1)

Despite clause 11 but subject to this clause, development for the purpose of an advertisement may be carried out on land within any zone, other than Zone 7, with the consent of the consent authority, unless it is exempt development.

(2)

Consent may be granted pursuant to subclause (1) only if the advertisement is:

• (a)

  a business identification sign, or

• (b)

  for the purpose of directing the travelling public to a specific tourist facility or place of scientific, historic or scenic interest in the Bankstown City local government area, or

• (c)

  advertising on a sportsground that is consistent with a plan of management.

(3)

The consent authority may adopt a development control plan for the purpose of recommending the type and size of an advertisement that may be erected or displayed under this clause.

(4)

The display of an advertisement on a stationary motor vehicle, trailer or the like, on land other than a public road, is prohibited.

(5)

In this clause, business identification sign means an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed:

• (a)

  the identity or a description of the place or premises,

• (b)

  the identity or a description of any person residing or carrying on an occupation at the place or premises,

• (c)

  particulars of any occupation carried on at the place or premises,

• (d)

  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

• (e)

  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

• (f)

  particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

• (g)

  particulars of any activities held or to be held at the place or premises,

• (h)

  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

26Flood liable land

Before determining an application for consent to carry out development on flood liable land, the consent authority must consider the provisions of any relevant development control plan and the requirements of any floodplain development manual published by a public authority that the Council considers relevant to the assessment of the development.

27Landfill

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 by the landfill on:

  • (i)

    a water body, or

  • (ii)

    private or public property, or

  • (iii)

    ground water quality and resources, or

  • (iv)

    stormwater drainage, or

  • (v)

    flooding.

28Temporary development(1)

Any development, not being designated development, may, despite any other provision of this plan, be carried out on any land (other than land comprising or containing a heritage item) with consent, for such period of not more than 6 months as may be determined by the consent authority.

(2)

Development referred to in subclause (1) may be carried out only if, in the opinion of the consent authority:

• (a)

  it is not inconsistent with the objectives of this plan or the objectives of the zone in which the land concerned is situated, and

• (b)

  it would not generate an excessive demand for public services, and

• (c)

  it would be compatible with the character and amenity of the locality in which it would be carried out 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

• (d)

  it would not be inconsistent with any current consent applying to the land, and

• (e)

  in the case of land within Zone 7, or environmentally significant land, it would not detrimentally impact on the environmental values of the land.

29Classification or reclassification of public land(1)

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

(2)

In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

• (aa)

  those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the description of the parcel of land in Part 2 of Schedule 4, and

• (a)

  any reservations that except land out of a Crown grant relating to the land, and

• (b)

  reservations of minerals (within the meaning of the Crown Lands Act 1989).

(3)

Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 4 was made, the Governor approved of subclause (2) applying to the land.

(4)

In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 4, is the local environmental plan that inserted the description of the parcel in that Part.

(4A)

Land described in Part 3 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.

(5)

Land described in Part 1 of Schedule 4 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

30Floor space ratios(1)

The objectives of the floor space ratios adopted by this plan are as follows:

• (a)

  to generally regulate the scale and bulk of development consistently with the capacity and character of the area of the development site,

• (b)

  to ensure non-residential development in residential zones is of a similar scale to that of permitted residential development,

• (c)

  to regulate the intensity of development in business zones consistently with the role and function of the particular business centre, the capacity of the road network to accommodate business-related traffic, and the availability of public transport,

• (d)

  to provide an incentive for redevelopment of key sites in the Bankstown CBD,

• (e)

  to ensure that business and retail development in industrial zones is of a scale comparable to mainstream industrial zone activity and does not attract development more appropriately located in business zones.

(2)

The consent authority must not grant consent to development if it has a floor space ratio in excess of that indicated for the development site on the Floor Space Ratio Map.

(3)

Where a floor space ratio shown on the Floor Space Ratio Map applies only where consolidation of adjoining lots is achieved, the consent authority must not grant consent to development if it has a floor space ratio in excess of that floor space ratio unless all adjoining allotments shown edged with a heavy black line on the Floor Space Ratio Map are consolidated into a single allotment.

(4)

The Floor Space Ratio Map may also indicate the maximum floor space ratio for particular types of development.

(5)

State Environmental Planning Policy No 1—Development Standards does not apply to the standards in this clause in connection with development on land within Zone 3 (a) if the proposed floor space ratio exceeds 3:1.

30AAdditional gross floor area for more sustainable development in Bankstown CBD commercial core(1)

The objectives of this clause are:

• (a)

  to encourage building design (namely the built form and layout) of large-scale commercial development and mixed use development in Zone 3 (a) that minimises the consumption of energy and water, and

• (b)

  to provide increased amenity to occupants over the long term, and

• (c)

  to ensure the increase in gross floor area is compatible with surrounding buildings in terms of bulk, height and amenity.

(2)

This clause applies to development if:

• (a)

  the development is on land within Zone 3 (a), and

• (b)

  the development site is at least 18 metres wide at the front building line and has a permissible floor space ratio of no more than 3:1 as shown on the Floor Space Ratio Map, and

• (c)

  the development includes the erection of one or more buildings for the purposes of commercial premises or mixed use development.

(3)

Despite any other provision of this plan, the consent authority may grant consent to development to which this clause applies if the gross floor area of the buildings on the development site exceeds the gross floor area otherwise permitted by this plan by up to 0.5:1.

(4)

Before granting development consent to development under this clause, the consent authority must be satisfied that:

• (a)

  the part of any buildings used for the purposes of commercial premises (whether or not for the purposes of mixed use development) complies with the following standards:

  • (i)

    the energy target is a maximum 135 kg/m2 per year (equivalent to a 5-star NABERS rating for commercial buildings),

  • (ii)

    the water target is a maximum 0.47 kL/m2 per year for business premises and office premises (equivalent to a 4.5-star NABERS rating for commercial buildings) and a maximum 1.68 kL/m2 per year for shops, restaurants and function centres, and

• (b)

  the part of any building that is a dwelling used for the purposes of mixed use development complies with the following standards:

• • (i)

    the energy target is a minimum 10-point increase in the BASIX score compared to current requirements,

  • (ii)

    the water target is a minimum BASIX 60, and

• (c)

  any increase in the gross floor area referred to in subclause (3):

  • (i)

    does not result in the building exceeding the maximum building height shown for the land on the Height of Buildings Map, and

  • (ii)

    does not adversely impact on adjoining and neighbouring land in terms of visual bulk and overshadowing, and

• (d)

  a report prepared by a qualified consultant to the satisfaction of the Council verifies that, if all of the commitments relating to the building design (namely the built form and layout) listed in the report are fulfilled, the development will comply with both the energy and water targets.

(5)

This clause does not apply to land on which development to which clause 13 of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies is to be carried out.

(6)

State Environmental Planning Policy No 1—Development Standards does not apply to the standards in this clause in connection with development to which this clause applies.

(7)

In this clause:

BASIX means a rating under the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

mixed use development means a building or place comprising commercial premises and dwellings.

NABERS rating means a rating under the National Australian Built Environment Rating System.

30BHeight of buildings(1)

The objectives of this clause are as follows:

• (a)

  to ensure that the height of development is compatible with the character, amenity and landform of the area in which the development is located,

• (b)

  to maintain the prevailing suburban character and amenity in the low density residential environment by limiting the height of development to a maximum of 2 storeys in Zone 2 (a),

• (c)

  to provide appropriate height transitions between development, particularly at zone boundaries,

• (d)

  to define focal points by way of nominating greater building heights in certain locations.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

(3)

Despite subclause (2), the following height restrictions apply to particular types of development within Zone 2 (a):

• (a)

  for outbuildings, the building height must not exceed 4.8 metres and the wall height must not exceed 3 metres,

• (b)

  for secondary dwellings that are separate from the principal dwellings, the building height must not exceed 6 metres and the maximum wall height must not exceed 3 metres,

• (c)

  for dwelling houses and dual occupancies, the wall height must not exceed 7 metres,

• (d)

  for villas:

  • (i)

    the maximum building height of any dwellings facing the street must not exceed 9 metres and the maximum wall height must not exceed 7 metres, and

  • (ii)

    the maximum building height for all other dwellings at the rear of the lot must not exceed 6 metres and the maximum wall height must not exceed 3 metres.

30CArchitectural roof features(1)

The objectives of this clause are as follows:

• (a)

  to enable minor architectural roof features to exceed the maximum building height,

• (b)

  to provide opportunities for architectural roof features that form an integral part of a building’s design.

(2)

Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 30B may be carried out, but only with development consent.

(3)

Development consent must not be granted to any such development unless the consent authority is satisfied that:

• (a)

  the architectural roof feature:

  • (i)

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

  • (ii)

    is not an advertising structure, and

  • (iii)

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

  • (iv)

    will cause minimal overshadowing, and

• (b)

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

31Pet boarding

Despite clause 11, the consent authority may consent to development for the purpose of boarding of domestic pets on land within Zone 3 (b), 4 (a) or 4 (b), but only if it is satisfied that the use will not create a nuisance that will affect the amenity of any land in the vicinity used for residential purposes.

32Access for people with disabilities(1)

A new building must not be erected unless it complies with the requirements of the Building Code of Australia in relation to access and facilities for people with disabilities.

(2)

In the case of proposed development involving:

• (a)

  an existing building, or

• (b)

  a new building of a type that is not subject to any requirement of the Building Code of Australia in relation to access and facilities for people with disabilities,

the consent authority must take into consideration whether adequate provision is, or is able to be, made for such access and facilities.

33Brothels

Development for the purpose of a brothel may be carried out only on certain land within Zone 4 (a) or 4 (b) in Villawood, Greenacre, Milperra and South Bankstown as identified on the map.

34Land acquisition(1)

The owner of any land within Zone 5, 6 (a) or 7 may, in writing, request the public authority corresponding to the category of the land as indicated on the map and as shown in the Table below, to acquire the land.

Table

Zone	Public authority
5	Roads and Traffic Authority, if “RTA” is specified on the map to indicate the relevant land use
6 (a)	(a) in the case of land included in Schedule 5—the corporation, or (b) in any other case—the Council
7	the Council

(2)

Subject to subclauses (3)–(5), on receipt of the request, the public authority concerned must make arrangements to acquire the land, unless the land might reasonably be required to be dedicated to the Council as a condition of consent to the carrying out of development.

(3)

However, the Council must make arrangements to acquire the land only if:

• (a)

  the land is included in a 5-year works program of the 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.

(4)

The Roads and Traffic Authority must make arrangements to acquire the land only if:

• (a)

  the land is included in a 5-year works program of the Roads and Traffic Authority current at the time of receipt of the request, or

• (b)

  the Roads and Traffic Authority has refused concurrence to a consent for a proposed use of the land, or

• (c)

  the Roads and Traffic Authority is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(5)

The corporation must make arrangements to acquire the land only if:

• (a)

  the land is included in a priority program of the corporation current at the time of receipt of the request, or

• (b)

  the corporation is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(6)

If Schedule 5 indicates that only part of an allotment is included in that Schedule, the relevant part is identified on the map.

35Use of land before or after it is acquired(1)

A person may, with consent, carry out development on land within Zone 5 or 6 (a):

• (a)

  if the development may be carried out on land in an adjoining zone, or

• (b)

  if the development is compatible with development which may be carried out on land in an adjoining zone.

(2), (3)

(Repealed)

(4)

Before granting consent to development on land within Zone 5 or 6 (a) before it is acquired, 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 costs of acquisition,

• (e)

  the imminence of acquisition,

• (f)

  the costs of reinstatement of the land for the land use for which the land may be required to be acquired.

(5)

Land acquired under clause 34 may be developed, with the consent of the consent authority, for any purpose until such time as it is required for use for the purpose for which it was acquired.

(6)

Consent for development on land within Zone 5 or 6 (a) after it has been acquired pursuant to this plan may be granted only if the consent authority has considered whether the proposed development would be compatible with the existing and likely future character and amenity of adjoining land in terms of:

• (a)

  its scale, bulk, design, 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 flooding, and

• (g)

  hours of operation, and

• (h)

  overshadowing.

36Use of land within Zone 7 before it is acquired

The consent authority may grant consent to development on land in Zone 7 before it is acquired, but only if it is satisfied that the proposed development will not detract from the conservation value of the land.

36ASpecial requirements for particular sites(1)

Consent must not be granted for development of land specified in Column 1 of Schedule 9 unless the requirement relating to that development set out in Column 2 of that Schedule has been complied with.

(2)

State Environmental Planning Policy No 1—Development Standards does not apply to any aspect of development referred to in Schedule 9 if that Schedule so provides in relation to that aspect.

36BDevelopment of land at 80 Miller Road, Villawood(1)

This clause applies to Lot 101, DP 1041971, No 80 Miller Road, Villawood, as shown distinctively coloured, edged heavy black and lettered “2 (a)” or “3 (b)” on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 26)”.

(2)

Despite any other provision of this plan, the consent authority may grant consent to the subdivision under the Community Land Development Act 1989 of so much of the land to which this clause applies as is within Zone 2 (a), but only if:

• (a)

  the number of community development lots, precinct development lots and neighbourhood lots so created does not exceed 181, and

• (b)

  each community development lot, precinct development lot or neighbourhood lot so created is at least 200 square metres in area.

(3)

Despite any other provision of this plan, a person may, with the consent of the consent authority, carry out development for the purpose of light industry on so much of the land as is within Zone 3 (b).

(4)

Despite any other provision of this plan, the carrying out of development for the following purposes is prohibited in relation to so much of the land as is within Zone 3 (b):

• (a)

  bed and breakfast establishments,

• (b)

  boarding-houses,

• (c)

  centre based child care centres,

• (d)

  dual occupancies,

• (e)

  dwelling houses,

• (f)

  educational establishments,

• (g)

  family day care centres,

• (h)

  home businesses,

• (i)

  home offices,

• (j)

  hospitals,

• (k)

  hotels,

• (l)

  housing for older people or people with disabilities,

• (m)

  motels,

• (n)

  residential flat buildings,

• (o)

  rowhouses,

• (p)

  serviced apartments,

• (q)

  villas.

36CDevelopment along arterial roads(1)

Consent must not be granted to development on an allotment of land that has a boundary adjoining an arterial road (or a road related area adjoining or associated with an arterial road) unless the consent authority is satisfied that:

• (a)

  where practicable, vehicle access to the land is provided by a road other than the arterial road, and

• (b)

  the safety, efficiency and ongoing operation of the arterial road will not be adversely affected by the proposed development as a result of:

  • (i)

    the design of the vehicle access to the land from the arterial road, or

  • (ii)

    the nature, volume or frequency of vehicles using the arterial road to gain access to the land, or

  • (iii)

    the emission of smoke or dust from the proposed development, and

• (c)

  the development is of a type that:

  • (i)

    is not sensitive to traffic noise, or

  • (ii)

    is appropriately located and designed, or

  • (iii)

    includes measures to reduce potential traffic noise within the site or the proposed development.

Part 5Heritage37Heritage items(1)

A person must not, in respect of a heritage item or relic, do any of the following except with the consent of the consent authority:

• (a)

  demolish, deface, damage, despoil or move the heritage item, or

• (b)

  alter the heritage item, or

• (c)

  move the relic or excavate land for the purpose of discovering, exposing or moving a relic, or

• (d)

  erect a building on, or subdivide, land on which the heritage item or relic is situated, or that comprises the heritage item or relic, or

• (e)

  damage or despoil any tree or land on which the heritage item or relic is situated, or that comprises the heritage item or relic, or

• (f)

  alter the interior of a building or work that is the heritage item, or

• (g)

  use the heritage item for a purpose that is different from its current use.

(2)

Nothing in this clause operates so as to require consent for development, on land to which this clause applies, that is referred to in Schedule 7 if the Council is satisfied that the development is of a minor nature and does not have an adverse impact on the heritage significance of the heritage item.

(3)

The consent authority must not grant consent to the carrying out of development related to heritage items unless it considers the proposal is consistent with the following aims and objectives:

• (a)

  to conserve the environmental heritage of the land to which this plan applies, and

• (b)

  to integrate heritage conservation into the planning and development control processes, and

• (c)

  where appropriate, to require the investigation and recording of sites which have archaeological potential, and

• (d)

  to provide for public involvement in matters relating to the conservation of environmental heritage, and

• (e)

  to ensure that any development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and both their curtilage and setting, and

• (f)

  to require, when considered necessary, the consideration of a statement of heritage impact or a conservation management plan before consent is granted for development relating to a heritage item, and

• (g)

  to ensure the sympathetic use of sites containing buildings or facades of historic or streetscape importance which contribute to the character of the locality.

(4)

The consent authority must not grant consent to a development application required by subclause (1) that relates to a heritage item unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item.

(5)

Where a development application is required by this clause, the consent authority may decline to grant consent until it has considered a statement of heritage impact or a conservation management plan so as to enable the consent authority to fully consider the heritage significance of the item and the impact of the proposed development on the significance of the item, including its interior, curtilage and setting. The statement of heritage impact or conservation management plan is to be prepared by a suitably trained heritage professional according to the guidelines nominated by the consent authority.

38Development in the vicinity of heritage items

The consent authority must take into consideration the likely effect of the proposed development on a heritage item, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development of land in its vicinity.

39Heritage advertisements and notifications

The following development is advertised development for the purposes of the Act:

• (a)

  the complete or substantial demolition of a heritage item, or

• (b)

  the complete or substantial demolition of any significant feature of a heritage item, or

• (c)

  the carrying out of any development allowed by clause 41.

40

(Repealed)

41Heritage conservation incentives

Despite any other provision of this plan, the consent authority may grant consent for any development on land that is the site of a heritage item or a potential heritage item if it is satisfied that:

• (a)

  the proposed development would not adversely affect the amenity of the surrounding area, and

• (b)

  the proposed development is in accordance with a conservation management plan which has been endorsed by the consent authority, and

• (c)

  the granting of consent to the proposed development would ensure that all necessary conservation work identified in the conservation management plan is carried out.

42Development of known or potential archaeological sites(1)

The consent authority may grant consent to the carrying out of development on an archaeological site which has Aboriginal cultural heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal cultural heritage significance only if:

• (a)

  it has considered a statement of heritage impact 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)

  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

• (c)

  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)

The consent authority may grant consent to the carrying out of development on any other archaeological site or a potential archaeological site only if:

• (a)

  it has considered a statement of heritage impact 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.

(3)

Subclause (2) (a) does not apply if the proposed development does not involve disturbance of below ground deposits and the consent authority is of the opinion that the heritage significance of any above ground deposits would not be adversely affected by the proposed development.

Part 6Rural zone43Objectives of the Rural zone

The objectives of Zone 1 are:

• (a)

  to recognise the agricultural production potential of rural land, and

• (b)

  to permit only those uses which are compatible with the amenity of adjoining areas.

Part 7Residential zones44Objectives of the residential zones(1)

The objectives of Zone 2 (a) are:

• (a)

  to complement the single dwelling suburban character of the residential areas of Bankstown City, and

• (b)

  to enable dual occupancy, rowhouse and villa development that is otherwise consistent with the objectives of the zone, and

• (c)

  to ensure that sites are of sufficient size to provide for buildings, vehicular and pedestrian access, landscaping and retention of natural topographical features, and

• (d)

  to ensure that development is of a height and scale which complements existing buildings and streetscapes (noting that 2 storey dwellings may occur throughout residential areas), and

• (e)

  to allow for some non-residential use that would not adversely affect the living environment or amenity of the area, and

• (f)

  to encourage energy efficiency and resource conservation measures in the design, construction and occupation of residential buildings, and other buildings permitted in this zone, and

• (g)

  to ensure adequate public and private open space is available to residents, and

• (h)

  to require satisfactory drainage, and

• (i)

  to require landscaping of development sites.

(2)

The objectives of Zone 2 (b) are:

• (a)

  to encourage a variety of housing types in Bankstown City, including residential flat buildings, and

• (b)

  to promote landscaping as a major element in the residential environment, and

• (c)

  to provide for housing which is compatible with surrounding buildings in terms of bulk, height and scale, and

• (d)

  to allow for some non-residential uses that provide services to residents which would not adversely affect the living environment of the area, and

• (e)

  to ensure that buildings include adaptable and accessible housing, and

• (f)

  to encourage residential development which has regard to local amenity and public and private views, and

• (g)

  to encourage energy efficiency and resource conservation measures in the design, construction and occupation of residential buildings, and other buildings permitted in this zone, and

• (h)

  to ensure adequate public and private open space is available to residents, and

• (i)

  to require satisfactory drainage, and

• (j)

  to require landscaping of development sites.

(3)

The objectives of Zone 2 (c) are:

• (a)

  to provide for the housing needs of the community within a medium density residential environment, and

• (b)

  to provide a variety of housing types within a medium density residential environment, and

• (c)

  to allow for the development of medium density housing that has regard to local amenity and provides a suitable visual transition between high density residential areas and low density residential areas, and

• (d)

  to require landscape as a key characteristic in the medium density residential environment, and

• (e)

  to enable other land uses that provide facilities or services to meet the day-to-day needs of residents, and

• (f)

  to allow for certain non-residential development that is compatible with residential development and does not adversely affect the living environment or amenity of the area.

45General restrictions on development(1)

Consent may be granted for a building on land within Zone 2 (a), 2 (b) or 2 (c) only if it would be compatible with the character and amenity of existing and likely future buildings on adjoining land in terms of:

• (a)

  its scale, bulk, design, height, siting and landscaping, and

• (b)

  its operation, and

• (c)

  traffic generation and carparking, and

• (d)

  noise, dust, light and odour nuisance, and

• (e)

  privacy, and

• (f)

  stormwater drainage, and

• (g)

  hours of operation, and

• (h)

  overshadowing.

(2)

Development for the purpose of dual occupancies, villas or rowhouses is prohibited on land within Zone 2 (a) that is referred to in Schedule 8.

(3)

Development for the purpose of dual occupancies is prohibited on land within Zone 2 (a), 2 (b) or 2 (c) that is referred to in Schedule 10.

46Core residential development standards(1)

The objectives of the standards in this clause are:

• (a)

  where an existing allotment is inadequate in terms of its area or width, to require the consolidation of 2 or more single residential allotments for villa development, multi dwelling housing or residential flat buildings, to achieve the other objectives in this subclause, and

• (b)

  to ensure that allotments are of sufficient size to accommodate proposed dwellings, setbacks to adjoining residential land, private open space and courtyards, driveways, vehicle manoeuvring areas and the like, and

• (c)

  to ensure that the site of a proposed villa development is of adequate area and width to enable that development to be arranged without long lengths of walls in a straight line, and

• (d)

  to limit the potential for villa, rowhouse, terrace house and dual occupancy development in Zone 2 (a), and

• (e)

  to ensure that dual occupancy, rowhouse or villa development in Zone 2 (a) retains the general low-density scale and character of existing single dwelling development.

(2)

The consent authority may grant consent to the subdivision of a single allotment of land within Zone 2 (a) or 2 (b) to create not more than 2 allotments for the purpose of the erection of a dwelling house on each allotment, provided that the average area of the allotments, exclusive of any access corridor, is not less than 450 square metres, and each allotment contains a rectangle with sides of 10 metres and 15 metres behind the setbacks and the building line of the proposed dwelling house.

(3)

The consent authority is not to grant consent to development for the purpose of villas on an allotment of land within Zone 2 (a) or 2 (b) unless:

• (a)

  the allotment has an area of 1,200 square metres or more, and

• (b)

  the allotment is at least 20 metres wide at the front building line, and

• (c)

  the site area per villa (excluding the area of access handles or rights of way for access) is not less than 300 square metres.

(4)

The consent authority is not to grant consent to development for the purpose of a detached dual occupancy on an allotment of land within Zone 2 (a) or 2 (b) if the allotment has an area less than 700 square metres or a width of less than 20 metres at the front building line.

(5)

The consent authority is not to grant consent to development for the purpose of an attached dual occupancy on an allotment of land within Zone 2 (a) or 2 (b) if the allotment has an area less than 500 square metres or a width of less than 15 metres at the front building line.

(6)

The consent authority is not to grant consent to development for the purpose of rowhouses on an allotment of land within Zone 2 (a) or 2 (b) unless the allotment:

• (a)

  is rectangular in shape, and

• (b)

  is located on a corner with two street frontages, and

• (c)

  has an area of not less than 750 square metres, and

• (d)

  has a width of not less than 20 metres at the front building line.

(7)

The consent authority is not to grant consent to development for the purpose of a residential flat building on an allotment of land within Zone 2 (b) unless:

• (a)

  the allotment has an area of not less than 1,500 square metres and a width of not less than 30 metres at the front building line,

• (b)

  (Repealed)

(7A)

The consent authority may grant consent to development for the purpose of terrace houses on an allotment of land within Zone 2 (a) only if the consent authority is satisfied that:

• (a)

  the allotment of land within Zone 2 (a) is identified on the map distinctively coloured and with heavy black cross-hatching, and

• (b)

  vehicle access to the allotment is from a road or right of way for access at the rear of the allotment.

(9)

This clause does not apply to the following land:

• •

  Land to which Part 14 applies

(10)

The consent authority may grant consent to development for the purpose of terrace houses on an allotment of land within Zone 2 (a) only where it is satisfied that:

• (a)

  the allotment of land within Zone 2 (a) is identified on the map by black cross-hatching, and

• (b)

  vehicle access to the allotment is from a road or right of way for access exists at the rear of the allotment.

(11)

Despite subclause (3), the consent authority is not to grant consent to development for the purpose of villas on an allotment of land within Zone 2 (a) or 2 (b) that is referred to in Schedule 10 unless:

• (a)

  the allotment is at least 24 metres wide at the front building line, and

• (b)

  the site area per villa (excluding the area of access handles or rights of way for access) is not less than 175 square metres.

(12)

The consent authority must not grant consent to development for the purposes of multi dwelling housing on a lot within Zone 2 (c) if the lot has an area less than 1,000 square metres or a width of less than 20 metres at the front building line.

Note—

Clause 46 (8), as exhibited, is deferred matter.

46ABusiness premises(1)

The objective of this clause is to permit business premises as part of live-work enterprises, to encourage home-based, small-scale businesses on the fringe of the Bankstown central business district as a way to promote local job opportunities.

(2)

This clause applies to land identified as “Area 1” on the Special Provisions Map.

(3)

The consent authority must not grant consent to development for the purposes of business premises on land to which this clause applies unless the consent authority is satisfied that the development is part of a mixed use development that is comprised of business premises on the ground floor with access from the principal street frontage and where all business premises are connected internally to a dwelling.

47Isolation of allotments

The consent authority must not grant consent to any development on land within Zone 2 (b) if the proposed development will have the effect of isolating land with an area of less than 1,200 square metres and a width of less than 20 metres at the front building line so as to preclude the reasonable development of that land.

Part 8Business zones48Objectives of the Business zones(1)

The objectives of Zone 3 (a) are:

• (a)

  to reinforce the status of Bankstown CBD as a metropolitan regional centre, and

• (b)

  to define the scale and type of development in Bankstown CBD, and

• (c)

  to link the three key retail precincts—Bankstown Square, the Compass Centre block, and the Town Centre Plaza—and ensure a broad range of consumer choice, and

• (d)

  to establish a clear structure of land uses within Bankstown CBD to help focus the desired future character of the different activity precincts in the centre, and

• (e)

  to permit a diversity of uses to reinforce the multi-use character of Bankstown CBD, and

• (f)

  to encourage mixed-use development within the zone to create a living centre with a 24-hour life, and

• (g)

  to ensure the scale and density of development complements the desired future character of each precinct and its location in the centre, and

• (h)

  to introduce floor space incentives to encourage the redevelopment of key sites, and

• (i)

  to define the parameters for retail activities within the centre, and

• (j)

  to encourage the development of offices and other commercial activities in the CBD and promote the centre as a place for employment.

(2)

The objectives of Zone 3 (b) are:

• (a)

  to encourage the provision of retail, business, community, service and entertainment facilities to serve residential areas in the catchment of the zone, without detracting from the primary role of the Bankstown CBD, and

• (b)

  to promote the redevelopment of older centres and those in decay, and

• (c)

  to enable residential development in business zones, whether or not in conjunction with commercial activity, to promote activity and services in those zones.

(3)

The objectives of Zone 3 (c) are:

• (a)

  to promote economic and employment growth, and

• (b)

  to promote a high standard of building design and landscaping (particularly along arterial roads), and

• (c)

  to allow mixed use development on certain large allotments that have regard to local amenity, and

• (d)

  to limit retail activity except where it involves bulky goods, or where it services the daily convenience needs of the local workforce, and

• (e)

  to encourage appropriate and safe vehicle access to allotments (particularly along arterial roads).

49Restricted premises(1)

Development for the purpose of restricted premises is prohibited on land that is within 200 metres of land within Zone 2 (a), 2 (b) or 2 (c).

(2)

The consent authority may consent to the carrying out of development for the purpose of restricted premises only where conditions are imposed (in addition to any other conditions which may be imposed by the Council) which require that:

• (a)

  no part of the premises, other than an access corridor, will be located within 1,500 millimetres (measured vertically) from any adjoining footpath, roadway, arcade or other public thoroughfare, and

• (b)

  any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and

• (c)

  no other objects, products or goods related to the restricted premises will be visible from outside the premises.

50Restrictions on certain development(1)

The objectives of this clause are:

• (a)

  to restrict centre-type development to existing shopping centres, and

• (b)

  to ensure that existing shopping centres are not adversely affected by the out-of-centre location of centre-type development, or development commonly found in local or regional shopping centres.

(2)

This clause applies to land within Zone 3 (b) which is identified on the map by dark blue cross-hatching.

(3)

Despite clause 11, development for the purpose of the following is prohibited on land to which this clause applies:

• •

  business premises having a gross floor area greater than 1,000 square metres,

• •

  amusement centres,

• •

  hypermarkets,

• •

  supermarkets,

• •

  department stores,

• •

  discount department stores,

• •

  clothing shops,

• •

  footwear shops,

• •

  grocery shops having a gross floor area greater than 250 square metres,

• •

  fruit and vegetable shops having a gross floor area greater than 250 square metres,

• •

  small electrical appliance shops,

• •

  entertainment establishments,

• •

  entertainment facilities.

50ADevelopment in Zone 3 (c)(1)

The consent authority must not grant consent to development on land within Zone 3 (c), unless the consent authority is satisfied that the development achieves high quality architectural and landscaping outcomes that contribute to improving the character and appearance of a locality or arterial road.

(2)

The consent authority must not grant consent to development on land within Zone 3 (c) if vehicle assess to the development will be by means of an arterial road, unless the consent authority is satisfied that:

• (a)

  there are no other practical means of access to the land, and

• (b)

  traffic generated from the development will not have a significant adverse impact on the arterial road.

(3)

The consent authority may grant consent to development for the purpose of a convenience store on land within Zone 3 (c) only if it has a gross floor area of not more than 250 square metres.

(4)

Despite clause 11, the consent authority may grant consent to development on an allotment of land within Zone 3 (c) for the purpose of boarding-houses, family day care centres, home based child care centres, home businesses, housing for older people or people with a disability, residential flat buildings, serviced apartments, terrace houses and villas if the consent authority is satisfied that:

• (a)

  the allotment is identified on the map by pink cross-hatching, and

• (b)

  the allotment has an area of not less than 5,000 square metres, and

• (c)

  any dwellings are set back a minimum of 20 metres from any boundary of the allotment that adjoins an arterial road or a road related area (within the meaning of the Roads Act 1993) adjoining or associated with an arterial road, and

• (d)

  any development other than dwellings will not detract from the amenity of any dwellings on the allotment.

(5)

Despite clause 11, the consent authority may grant consent to development on an allotment of land within Zone 3 (c) for the purpose of an educational establishment other than an infants’, primary or secondary school.

50BRestrictions on development in Zone 3 (a)(1)

The objectives of this clause are as follows:

• (a)

  to reinforce the status of the Bankstown central business district (CBD) as the major centre for the City of Bankstown and a place for employment,

• (b)

  to encourage the economic growth of the Bankstown CBD by having commercial floor space in the commercial core,

• (c)

  to promote active street frontages in the commercial core.

(2)

This clause applies to land identified as “Area 2” on the Special Provisions Map.

(3)

Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the ground floor and first floor of the building are to be used for the purposes of commercial premises or other non-residential purposes after the erection or change of use.

Part 9Industrial zones51Objectives of the Industrial zones(1)

The objectives of Zone 4 (a) are:

• (a)

  to permit primarily industrial uses or uses which are inappropriate in other zones, and

• (b)

  to limit retail development, except where:

  • (i)

    it is ancillary to an industrial use of land, or

  • (ii)

    it services the daily convenience needs of the local workforce and does not have an adverse impact on the viability of the business areas of the City of Bankstown, and

• (c)

  to promote a high standard of:

  • (i)

    building design (particularly along arterial roads), and

  • (ii)

    environmental management, energy efficiency and resource conservation, and

• (d)

  to allow bulky goods salesrooms or showrooms only where they will not have an adverse impact on the viability of the business areas of the City of Bankstown.

(2)

The objectives of Zone 4 (b) are:

• (a)

  to only permit development that will operate in a manner consistent with maintaining or improving the existing amenity of adjoining residential areas, and

• (b)

  to limit retail development except where:

  • (i)

    it is ancillary to an industrial use of land, or

  • (ii)

    it services the daily convenience needs of the local workforce, and

• (c)

  to promote a high standard of:

  • (i)

    building design (particularly along arterial roads), and

  • (ii)

    environmental management, energy efficiency and resource conservation, and

• (d)

  to allow bulky goods salesrooms or showrooms only where they will not have an adverse impact on the viability of the business areas of the City of Bankstown.

52Development in the Industrial zones(1)

This clause applies to land within Zone 4 (a) or 4 (b).

(2)

Before granting consent for development on land to which this clause applies, the consent authority must take into consideration the following matters:

• (a)

  whether the proposed development will provide adequate off-street parking, relative to the demand for parking likely to be generated,

• (b)

  whether the site of the proposed development will be suitably landscaped, particularly between any buildings and the street alignment,

• (c)

  whether the proposed development will contribute to the maintenance or improvement of the character and appearance of the locality,

• (d)

  whether access to the proposed development will be available by means other than a residential street but, if no other means of practical access is available, the consent authority must have regard to a written statement that:

  • (i)

    illustrates that no alternative access is available otherwise than by means of a residential street, and

  • (ii)

    demonstrates that consideration has been given to the effect of traffic generated from the site and the likely impact on surrounding residential areas, and

  • (iii)

    identifies appropriate traffic management schemes which would mitigate potential impacts of the traffic generated from the development on any residential environment,

• (e)

  whether goods, plant, equipment and other material used in carrying out the proposed development will be suitably stored or screened,

• (f)

  whether the proposed development will detract from the amenity of any residential area in the vicinity,

• (g)

  whether the proposed development adopts energy efficiency and resource conservation measures related to its design, construction and operation.

(3)

The consent authority must not grant consent to development for the purpose of office premises on land to which this clause applies, unless it is satisfied that:

• (a)

  the development will not detrimentally affect the viability of any business centre in the locality, and

• (b)

  where the development may otherwise have occurred within a business centre in the locality, suitable land for the development is not available in that business centre, and

• (c)

  the development is of a type appropriate to an industrial zone, or to the general character of existing development within the industrial zone.

(4)

The consent authority must not grant consent to development for the purpose of a panel beating workshop on land to which this clause applies if the land adjoins land within a residential zone, unless appropriate arrangements are made to store all vehicles awaiting or undergoing repair, awaiting collection, or otherwise involved with the development on the site of the proposed development, and they will be stored either:

• (a)

  within a building, or

• (b)

  within a suitably screened area.

(5)

Despite clause 11, the consent authority may consent to development on land within Zone 4 (a) or 4 (b) for the purpose of the sale of motor vehicles or furniture by auction.

(6)

The consent authority may grant consent to development for the purpose of a convenience store on land within Zone 4 (a) or 4 (b) only if it has a gross floor area of not more than 250 square metres and is proposed to be used in conjunction with a service station.

(7)

The consent authority may grant consent to development on land within Zone 4 (a) or 4 (b) for the purpose of an educational establishment other than an infants’, primary or secondary school.

53Bulky goods salesrooms or showrooms(1)

The consent authority must not grant consent to development for the purpose of bulky goods salesrooms or showrooms on land within Zone 4 (a) or 4 (b) unless it is satisfied that:

8Water resources

The carrying out or causing to be carried out by the Council when engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Farm Water Supplies Act 1946, the Rivers and Foreshores Improvement Act 1948 or the Water Management Act 2000, 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.

Schedule 4Classification or reclassification of public land

(Clause 29)

Part 1

Bankstown
25 Arkley Street	Part of Lot 57, DP 10227, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 174”.
Griffith Park	Lot 12, DP 861164, No 4A Olympic Parade, Bankstown, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 170”.
17 Sir Joseph Banks Street	Lot 15, DP 15217, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 175”.
Greenacre
Koala Road	Koala Reserve, DP 11082, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan No 162”.
Milperra
13 Ruthven Avenue	Lot 201, DP 850124, as shown edged heavy black on Sheet No 2 of the map marked “Bankstown Local Environmental Plan No 161”.

Part 2

Bankstown
375 Chapel Road (part of)	Part of Lot 6, DP 777510, as shown coloured dark blue on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 9)”.
4Z Fetherstone Street	Lots 1 and 2, DP 1117024 and Lot 21, DP 1118201, as shown edged heavy blue on Sheet 6 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 46)”—Right of way (A440915, A444326, A466726 and A482660).
4A Olympic Parade	Part of Lot 12, DP 861164, as shown edged heavy blue on Sheet 6 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 46)”—Easement for electricity purposes and right of way (DP530743), easement for sewerage (F292701) and easement for railway purposes (C166693).
33A Sir Joseph Banks Street	Lot 101, DP 606381, as shown edged heavy blue on Sheet 6 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 46)”—Easement for drainage (AB785986).
33B Sir Joseph Banks Street	Lot 102, DP 606381, as shown edged heavy blue on Sheet 6 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 46)”—Easement for drainage (M26134).
Condell Park
Bankstown Showground (part of)	Part of Lot 10, Lots 11–12 and part of Lot 13, DP 11028 as shown edged heavy black on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 42)”.
Greenacre
Fairland Reserve	Part of Lot 12, DP 200115, as shown edged heavy black on Sheet 3 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 33)”.
Revesby
Marco Reserve	Lots 22 and 24, DP 35611, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 6)”.
Yagoona
176 Cooper Road	Part of Gazzard Park, being Lots 5 and 6, DP 91951, Lot 17B, DP 413664, Lot 1, DP 527134 and Lot 1, DP 433749, as shown edged heavy black on Sheet 3 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 35)”—Easement for electricity purposes (T946982).
Land at the corner of Powell Street and Patience Avenue	Lot 16, DP 30851, as shown edged heavy black on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 31)”.

Part 3

Bankstown
3 Leonard Street	Lot 1, DP 306558.
5 Leonard Street	Lot 2, DP 306558.
Revesby Heights
Part of 1B Donovan Street	Part of Lot 4238, DP 222163, as shown edged heavy black on Sheet 4 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 49)”.

Schedule 5Land to be acquired by the corporation

(Clauses 34 and 35)

Lot	DP	Acquire	Address	Suburb
1	14606	Part	1	Queensbury Road	Padstow Heights
2	14606	Part	3	Queensbury Road	Padstow Heights
11	833353	Part	7	Queensbury Road	Padstow Heights
21	13037	Part	1	Raftree Street	Padstow Heights
20	13037	Part	3	Raftree Street	Padstow Heights
19	13037	Part	5	Raftree Street	Padstow Heights
18	13037	Part	7	Raftree Street	Padstow Heights
17	13037	Part	9	Raftree Street	Padstow Heights
16	13037	Part	11	Raftree Street	Padstow Heights
Z	401617	Whole	11	Raftree Street	Padstow Heights
2	859976	Part	17	Raftree Street	Padstow Heights
1	859976	Part	17A	Raftree Street	Padstow Heights
28	13037	Part	12	Villiers Road	Padstow Heights
27	13037	Part	14	Villiers Road	Padstow Heights
26	13037	Part	16	Villiers Road	Padstow Heights
25	13037	Part	18	Villiers Road	Padstow Heights
24	13037	Part	20	Villiers Road	Padstow Heights
23	13037	Part	22	Villiers Road	Padstow Heights
22	13037	Part	24	Villiers Road	Padstow Heights
123	818660	Part	11	Queensbury Road	Padstow Heights
276	11759	Whole	7	Henry Lawson Drive	Lansdowne
277	11759	Whole	7	Henry Lawson Drive	Lansdowne
278	11759	Whole	7	Henry Lawson Drive	Lansdowne
350	11759	Whole	42	Tillet Parade	Lansdowne
351	11759	Whole	42	Tillet Parade	Lansdowne
352	11759	Whole	42	Tillet Parade	Lansdowne
605	11760	Whole	35	Watt Parade	Lansdowne

Schedule 6Heritage items

(Schedule 1)

Note—

An asterisk (*) identifies an archaeological site.

No	Street	Suburb	Lot	DP No	Description
77	Anderson Avenue	Panania	A, B and C	35652	Schwarzel Monument, 1937, in library grounds
2a	Bagdad Road	Regents Park	12 1 1 2 1 83–85	733976 121450 794886 794490 794886 8962	Regents Park Primary School, 1899
102	Bankstown City Plaza	Bankstown	A and B	343521	Bankstown Hotel, 1922
109	Bankstown City Plaza	Bankstown	1	119533	Shop—original Accommodation House, 1908
143 (Railway land)	Bankstown City Plaza	Bankstown	20	873506	Bankstown Railway Station Platform
143 (Railway land)	Bankstown City Plaza	Bankstown	20	873506	Bankstown Railway Platform Building, 1908
144B	Bankstown City Plaza	Bankstown	1	182368	Bankstown Parcels Office
(Road)	Bullecourt Avenue, Fleurbaix Avenue, Ashford Avenue	Milperra	Former Milperra Soldier Settlement
33	Catherine Street	Punchbowl	40 Y	8422 393602	“The Arches”, Arts and Crafts Bungalow
346	Chapel Road	Bankstown	1–3	102240	Rosen Chambers, 1922
375	Chapel Road	Bankstown	6	777510	Council Chambers, 1960’s
525	Chapel Road	Bankstown	1 51, Section A	314457 7058 SP 58821	Interwar brick house, 1922
574	East Hills Park	East Hills	C	10546–2030	Caird’s Wharf*
Edith Street	Lansdowne	277	11759	“Landsdowne”, house
31	Ferndale Road	Revesby	1	212354	“Ferndale Cottage”, house
925	Henry Lawson Drive	Revesby	45–47 Section 10 Part Portion 86	Volume 7345 Folio 63	Cattle Duffer’s Flat* in Georges River State Recreation Area
49	Hill Road	Birrong	B	400155	“Allder’s Farmhouse”, house
2A 2	Hume Highway	Chullora	1 12	547215 834734	Site of Jackson’s “Royal Arms Inn”*
300	Hume Highway	Bankstown	1 1 and 2	744542 834597	Water Reservoir, at Stacey Street intersection*
321	Hume Highway	Bankstown	3–5 A and B	703355 347099	Site of Colls’“Speed the Plough Inn” Wood Park*
347A (Cemetery)	Hume Highway	Bankstown	12 1 1 and 2	132512 132513 726443	St Felix Cemetery*
361	Hume Highway	Bankstown	5	9522	Shop—Meredith Street corner, 1919
363	Hume Highway	Bankstown	3	9522	Shop—Meredith Street corner, 1919
401	Hume Highway	Yagoona	D	392202	Formerly J.B. Brancourt’s garage First car showroom, 1924
656	Hume Highway	Yagoona	SP 60927	Site of the “Globe Inn”*
724–734	Hume Highway	Yagoona	25–38	13125	Site of Pugh’s “Crooked Billet Inn”*
885	Hume Highway	Bass Hill	259	230871	Milestone south side, east of Farrell Street (east) “Sydney XV Liverpool VI”
(Milestone)	Hume Highway	Villawood	11759	Milestone south side, east of Henry Lawson Drive “Sydney XVI Liverpool V”
59	Johnson Road	Bass Hill	2A	405520	House, c 1900 in grounds of Crest Baptist Church
1A	Lionel Street	Georges Hall	101	827530	Johnston Farmhouse site*
1A	Lionel Street	Georges Hall	101	827530	Early Georgian stone house “The Homestead”
76	Miller Road	Chester Hill	1	538474	Westbridge Migrant Hostel 1949
345	Milperra Road	Georges Hall	1–3	623875	Bankstown Aerodrome
2	Mimosa Road	Greenacre	1	170971	Methodist hall, 1920’s
25	Old Kent Road	Greenacre	A	350074	House
76–78	Powell Street	Yagoona	5	25154	House, formerly a convent and police station
Regents Park Station	Regents Park	12	10007007	Sefton Junction Sub-station and signal box, c 1924
61	Restwell Street	Bankstown	1 2–7, Section 1	516930 13167	Bankstown Primary School, 1920’s
89	Restwell Street	Bankstown	20	13055	WSHC house
201 (Allder Park)	Rodd Street	Sefton	2 and 3824	430031	Site of Tower’s “Ranah/The Ranch”*
50	Rookwood Road	Yagoona	C	365541	“Carinya”, house
146	Rookwood Road	Yagoona	2	225818	Potts Hill Reservoir including Reservoirs Nos 1 and 2, 1880’s–1922
290	South Terrace	Bankstown	6	525238	First floor shop facade
26	Stanley Street	Bankstown	1	5993050	Brick Baptist Church, 1920
2	Sussman Avenue	Bass Hill	27	31109	“Carysfield Hall”, house
84	The River Road	Revesby	17, 18, 21–24 and 45–48, Section 10 1 1 2	2343 122996 181955 122996	Revesby Primary School
4	Tompson Road	Revesby	1	777621	“The Pah” Victorian house rendered brick, c 1896
10	Vimy Street	Bankstown	46	13055	WSHC house “Weymouth”
22	Vimy Street	Bankstown	40	13055	WSHC house “The Nest”
105	Waterloo Road	Greenacre	1 303 39–44 and 357	169574 820522 11603	Greenacre Public School
357	Waterloo Road	Greenacre	4	601166	Site of Liebentritt’s Pottery*
65	William Street	Condell Park	A	403745	Corner Store
141	William Street	Bankstown	100	792380	West Bankstown Public School
Pipeline	1A Woodville Road/1 Campbell Hill Road/61A, 61B and 61C Priam Street/7 Hector Street/1 and 2A Chisholm Road/1A Auburn Road/227 Rookwood Road	Bankstown	Part 1 Part 1 A and B 2 and Part 3 Part 1 Part 1 Part 1 Part 1	225815 225816 328385 225816 623945 225817 610313 745651	Water pipeline along northern boundary 1885*

Schedule 7Exemption criteria for minor works to dwelling houses

(Clause 37 (2))

1

The erection of rear carports or garages located behind the line of the rear of a dwelling and with a roof to match the slope, colour, materials and form of the main roof of the dwelling, and with wall and door materials to be sympathetic to the dwelling.

2

The installation of skylights located in areas that are not visible from any part of the street and do not interfere with original interior features, such as walls, patterned ceilings and the symmetry of ceiling layouts.

3

Any development such as repainting, a different use resulting from a minor change of use, or minor internal modifications.

4

Such works as may be lawfully carried out only because of an order under section 139 (4) of the Heritage Act 1977.

Schedule 8Land referred to in clause 45 (2)

(Clause 45 (2))

No	Street	Suburb	Lot No	DP No
3	Carinya Road	Picnic Point	2	786231
3A	Carinya Road	Picnic Point	1	786231
3B	Carinya Road	Picnic Point	30.48m Reservation
5	Carinya Road	Picnic Point	101	884106
5A	Carinya Road	Picnic Point	502	843853
7	Carinya Road	Picnic Point	76	10177
9	Carinya Road	Picnic Point	2	319901
11	Carinya Road	Picnic Point	1	319901
13	Carinya Road	Picnic Point	2	596213
13A	Carinya Road	Picnic Point	1	596213
15	Carinya Road	Picnic Point	2	450136
17	Carinya Road	Picnic Point	1	450136
19	Carinya Road	Picnic Point	B	316078
21	Carinya Road	Picnic Point	A	316078
23	Carinya Road	Picnic Point	71	10177
25	Carinya Road	Picnic Point	70A	10177
27	Carinya Road	Picnic Point	70	10177
29	Carinya Road	Picnic Point	69A	10177
31	Carinya Road	Picnic Point	69	10177
33	Carinya Road	Picnic Point	68C	411250
35	Carinya Road	Picnic Point	68B	411250
37	Carinya Road	Picnic Point	67A	10177
39	Carinya Road	Picnic Point	67	10177
41	Carinya Road	Picnic Point	2	562296
43	Carinya Road	Picnic Point	48	13092
45	Carinya Road	Picnic Point	47	13092
47	Carinya Road	Picnic Point	46	13092
49	Carinya Road	Picnic Point	45	13092
50A	Carinya Road	Picnic Point	51	13092
50B	Carinya Road	Picnic Point	270	865426
51	Carinya Road	Picnic Point	44	13092
52	Carinya Road	Picnic Point	1	580291
53	Carinya Road	Picnic Point	43	13092
55	Carinya Road	Picnic Point	421	880155
55A	Carinya Road	Picnic Point	422	880155
55B	Carinya Road	Picnic Point	50	13092
57	Carinya Road	Picnic Point	41	13092
59	Carinya Road	Picnic Point	40	13092
61	Carinya Road	Picnic Point	1	870876
61A	Carinya Road	Picnic Point	2	870876
63	Carinya Road	Picnic Point	38	13092
65	Carinya Road	Picnic Point	37	13092
67	Carinya Road	Picnic Point	36	13092
69	Carinya Road	Picnic Point	35	13092
71	Carinya Road	Picnic Point	34	13092
73	Carinya Road	Picnic Point	B	345698
75	Carinya Road	Picnic Point	A	345698

Schedule 9Special requirements for particular sites

(Clause 36A)

Column 1	Column 2
Locality/description	Requirement
Bankstown
Lot 2, DP 192509 (324 Hume Highway), Lot 2, DP 594277 (326 Hume Highway), Lot 1, DP 574065 (342 Hume Highway), Lot 100, DP 716564 (348 Hume Highway), Lot 1, DP 599460 (350 Hume Highway) and Lots 11 and 12, DP 1688 (364 Hume Highway), being land within the Rookwood Road Precinct, as shown distinctively coloured on Sheet 3 (the building height map) of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 43)”	The consent authority must be satisfied that the height of any building on the land will not exceed: (a) except as provided in paragraph (b), the maximum height shown (in metres) for the land on the building height map above natural ground level, and (b) in respect of land within Zone 3 (c), 11 metres above natural ground level, if the development does not consolidate all adjoining lots shown edged heavy blue on the building height map into a single lot.
Bass Hill
64 Johnston Road/1 Arundle Road	The consent authority must be satisfied that noise mitigation measures to control aircraft noise have been incorporated into the development so that the development complies with AS 2021—2000Aircraft noise intrusion—Building siting and construction.
Condell Park
Part of Lot 10, Lots 11–12 and part of Lot 13, DP 11028 as shown edged heavy black on the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 42)”	The consent authority must be satisfied that the height of any building on the land will not exceed 10 metres above natural ground level.
Greenacre
Lots 3, 2 and 1, DP 14864 (13, 15 and 17 Boronia Road, respectively) and Lot A, DP 403152 (19 Boronia Road), as shown edged heavy black on Sheet 3 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 39)”	The consent authority must be satisfied that the height of any building on the land will not exceed 3 storeys above natural ground level.
Milperra
Lots 161 and 272, DP 752013, (Bullecourt Avenue Milperra), as shown edged heavy red on Sheet 3 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 47)”	The consent authority must be satisfied that: (a) the height of any building on the land (other than a building referred to in paragraph (b)) will not exceed 9 metres above existing ground level, and (b) the height of any dwelling on the land that is at the rear of an allotment on which villas are located will not exceed 6 metres above existing ground level.
Punchbowl
Lot 1, DP 226324 (81 Wattle Street), Lot 2, DP 226324 (83 Wattle Street) and Lot 4, DP 541525 (105 Wattle Street), as shown distinctively coloured and edged heavy black on Sheet 3 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 44)” (the building height map)	The consent authority must be satisfied that: (a) the site area per villa (excluding the area of access handles or rights of way for access) is not less than 250 square metres, and (b) the land is remediated in accordance with the requirements of State Environmental Planning Policy No 55—Remediation of Land, and (c) the height of any building on the land will not exceed the maximum height shown (in metres) for the land on the building height map above natural ground level.
Regents Park
20–28A Auburn Road and 1–8 and 17 Gunya Street	The consent authority must consider whether the proposed development of the land will cause any significant adverse environmental noise or air impacts to the residential or educational land uses in the vicinity of the land.
30–46 Auburn Road	The consent authority must be satisfied that mitigation measures to control road and rail noise and vibration have been incorporated into the development so that the development complies with the following: (a) AS/NZS 2107:2000, Acoustics—Recommended design sound levels and reverberation times for building interiors, (b) AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction, (c) BS 6472:1992, Guide to evaluation of human exposure to vibration in buildings (I Hz to 80 Hz), (d) Environmental criteria for road traffic noise (an Environment Protection Authority document published in May 1999), (e) Interim Guidelines for Councils: Consideration of Rail Noise and Vibration in the Planning Process (a joint document of the Rail Infrastructure Corporation and the State Rail Authority published in November 2003).
Revesby
Lot 10, DP 1059344 (20 Blamey Street), Lot 10, DP 839724 (30 Blamey Street), Lot 1, DP 380310 (2A Brett Street) and Lot 2, DP 552227 (10 Tarro Avenue), as shown edged heavy black on Sheet 1 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 21)”	The consent authority must be satisfied that the height of any building on the land will not exceed: (a) except as provided in paragraph (b), 4 storeys above natural ground level, and (b) in respect of land that is: (i) more than 25 metres, but less than 60 metres, from the frontage to Dixon Lane, Revesby, and (ii) more than 10 metres from the frontage to Macarthur Avenue, Revesby, 8 storeys above natural ground level. State Environmental Planning Policy No 1—Development Standards does not apply to the height controls set out in this item.
Revesby Heights
Part of Lot 4238, DP 222163 (being part of 1B Donovan Street), as shown distinctively coloured and edged heavy black on Sheet 3 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 49)”	The consent authority must be satisfied that the height of any building on the land will not exceed 9 metres above ground level (existing).
Yagoona
82 Allum Street	The consent authority must be satisfied that noise mitigation measures to control rail noise have been incorporated into the development so that the development complies with AS/NZS 2107:2000, Acoustics—Recommended design sound levels and reverberation times for building interiors and the rail noise criteria set out in Chapter 163 of the Environment Protection Authority’s publication titled Environmental Noise Control Manual.
Lots 3–16, DP 12705 (100–126 Caldwell Parade), Lots 16–19, DP 12360 (1–7 Palomar Parade), Lot B, DP 373019 (7 Palomar Parade), Lots 20 and 21, DP 12360 (293–295 Cooper Road), SP 63801 (297 Cooper Road), Lots 1–6, DP 19650 (1–11 The Crescent), Lots 2–5, DP 18310 (143–149 Highland Avenue), Lot 1, DP 617441 (151 Highland Avenue), Lot 2, DP 844522 (125 Dutton Street), Church Lane, and Lots 5 and 6, DP 91951, Lot 17B, DP 413664, Lot 1, DP 527134 and Lot 1, DP 433749 (part of Gazzard Park, 176 Cooper Road), as shown distinctively coloured and edged heavy black on Sheet 4 of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 35)” (the height control map)	The consent authority must be satisfied that the height of any building on the land will not exceed the height controls set out on the height control map.
Lots 1–4, DP 16667 (2–8 George Street), Lots 10–12, DP 872968 (18 George Street), Lots 1 and 2, DP 599124 (24A and 24B George Street), Lots 20–24, DP 13124 (26–34 George Street), Lot 22, DP 849421 (1 Kearns Lane), Lots 5–17, DP 16667 (2–24 Rookwood Road), Lot 21, DP 849421 (1 The Boulevarde), SP 48560 (3 The Boulevarde), SP 48559 (3A The Boulevarde), Lots 25 and 26, DP 13124 (5–7 The Boulevarde), being land within the Rookwood Road Precinct, as shown distinctively coloured on Sheet 3 (the building height map) of the map marked “Bankstown Local Environmental Plan 2001 (Amendment No 43)”	The consent authority must be satisfied that the height of any building on the land will not exceed: (a) except as provided in paragraph (b), the maximum height shown (in metres) for the land on the building height map above natural ground level, and (b) in respect of land within Zone 3 (c), 11 metres above natural ground level, if the development does not consolidate all adjoining lots shown edged heavy blue on the building height map into a single lot.

Schedule 10Land referred to in clauses 45 (3) and 46 (11)

(Clauses 45 (3) and 46 (11))

No	Street	Suburb	Lot No	DP No
1	Amesbury Avenue	Sefton	31	15418
3	Amesbury Avenue	Sefton	30	15418
5	Amesbury Avenue	Sefton	29	15418
7	Amesbury Avenue	Sefton	28	15418
9	Amesbury Avenue	Sefton	27	15418
11	Amesbury Avenue	Sefton	34	12674

13	Amesbury Avenue	Sefton	33	12674
15	Amesbury Avenue	Sefton	32	12674
17	Amesbury Avenue	Sefton	31	12674
19	Amesbury Avenue	Sefton	30	12674
21	Amesbury Avenue	Sefton	29	12674
23	Amesbury Avenue	Sefton	28	12674
25	Amesbury Avenue	Sefton	27	12674
27	Amesbury Avenue	Sefton	26	12674
29	Amesbury Avenue	Sefton	25	12674
31	Amesbury Avenue	Sefton	24	12674
33	Amesbury Avenue	Sefton	23	12674
2	Waldron Road	Sefton	17	15418
4	Waldron Road	Sefton	18	15418
6	Waldron Road	Sefton	A	35913
7	Waldron Road	Sefton	114	82983
7A	Waldron Road	Sefton	3	620106
8	Waldron Road	Sefton	B	35913
9	Waldron Road	Sefton	4	620106
10	Waldron Road	Sefton	24	15418
25
26
11	Waldron Road	Sefton	2	620106
12	Waldron Road	Sefton	123	576289
13	Waldron Road	Sefton	1	319920
14	Waldron Road	Sefton	4	12674
5
15	Waldron Road	Sefton	2	319920
16	Waldron Road	Sefton	6	12674
8
17	Waldron Road	Sefton	3	319920
18	Waldron Road	Sefton	A	420536
19	Waldron Road	Sefton	8	22196
20	Waldron Road	Sefton	8	12674
9
21	Waldron Road	Sefton	7	22196
22	Waldron Road	Sefton	10	12674
23	Waldron Road	Sefton	6	22196
24	Waldron Road	Sefton	11	12674
12
25	Waldron Road	Sefton	5	22196
26	Waldron Road	Sefton	13	12674
14
27	Waldron Road	Sefton	4	22196
28	Waldron Road	Sefton	15	12674
16
29	Waldron Road	Sefton	3	22196
30	Waldron Road	Sefton	2	613200
31	Waldron Road	Sefton	2	22196
33	Waldron Road	Sefton	1	SP
2	55704
3
34	Waldron Road	Sefton	1	613200
B	384613
35	Waldron Road	Sefton	14	14526
36	Waldron Road	Sefton	G	354512
A	384613
37	Waldron Road	Sefton	13	14526
38	Waldron Road	Sefton	F	354812
39	Waldron Road	Sefton	12	14526
40	Waldron Road	Sefton	E	354812
41	Waldron Road	Sefton	2	314327
42	Waldron Road	Sefton	1	660698
43	Waldron Road	Sefton	10	14526
44	Waldron Road	Sefton	B	359585
45	Waldron Road	Sefton	9	14526
46	Waldron Road	Sefton	A	359585
47	Waldron Road	Sefton	8	14526
48	Waldron Road	Sefton	C	357024
49	Waldron Road	Sefton	7	14526
50	Waldron Road	Sefton	B	357024
51	Waldron Road	Sefton	6	14526
52A	Waldron Road	Sefton	1	525395
52B	Waldron Road	Sefton	2	525395
52	Waldron Road	Sefton	D	411629
53	Waldron Road	Sefton	5	14526
54	Waldron Road	Sefton	2	402859
55	Waldron Road	Sefton	4	14526
56	Waldron Road	Sefton	11	718633
61	Waldron Road	Sefton	2	543973
101	Hector Street	Sefton	26	14526
2	543973
103	Hector Street	Sefton	27	14526
105	Hector Street	Sefton	3	20919
107	Hector Street	Sefton	2	20919
109	Hector Street	Sefton	1	20919
111	Hector Street	Sefton	A	354677
16	Helen Street	Sefton	45	16500
18	Helen Street	Sefton	46	16500
20	Helen Street	Sefton	47	16500
22	Helen Street	Sefton	48	16500
24	Helen Street	Sefton	49	16500
26	Helen Street	Sefton	50	16500
28	Helen Street	Sefton	51	16500
30	Helen Street	Sefton	52	16500
32	Helen Street	Sefton	53	16500
34	Helen Street	Sefton	54	16500
2A	Proctor Parade	Sefton	201	1033992
2B	Proctor Parade	Sefton	202	1033992
2	Proctor Parade	Sefton	1	542732
4	Proctor Parade	Sefton	77	16500
6	Proctor Parade	Sefton	78	16500
8	Proctor Parade	Sefton	79	16500
10	Proctor Parade	Sefton	41	16500
12	Proctor Parade	Sefton	42	16500
14	Proctor Parade	Sefton	43	16500
16	Proctor Parade	Sefton	44	16500
1	Torrington Avenue	Sefton	63	16500
3	Torrington Avenue	Sefton	64	11
5	Torrington Avenue	Sefton	207	610062
7	Torrington Avenue	Sefton	104	610061
9	Torrington Avenue	Sefton	103	610061
10	Torrington Avenue	Sefton	34	16500
11	Torrington Avenue	Sefton	102	610061
12	Torrington Avenue	Sefton	35	16500
13	Torrington Avenue	Sefton	101	610061
14	Torrington Avenue	Sefton	36	16500
15	Torrington Avenue	Sefton	84	260353
16	Torrington Avenue	Sefton	37	16500
17	Torrington Avenue	Sefton	83	260353
18	Torrington Avenue	Sefton	38	16500
19	Torrington Avenue	Sefton	82	260353
20	Torrington Avenue	Sefton	39	16500
21	Torrington Avenue	Sefton	73	16500
22	Torrington Avenue	Sefton	40	16500
23	Torrington Avenue	Sefton	81	260353
25	Torrington Avenue	Sefton	75	16500
4	Rose Street	Sefton	209	610062
6	Rose Street	Sefton	110	610060
8	Rose Street	Sefton	111	610060
10	Rose Street	Sefton	112	610060
12	Rose Street	Sefton	113	610060
14	Rose Street	Sefton	6	14004
16	Rose Street	Sefton	98	260353
18	Rose Street	Sefton	99	260353
20	Rose Street	Sefton	9	14004
22	Rose Street	Sefton	100	260353
101	1069756
22A	Rose Street	Sefton	102	1069756
24	Rose Street	Sefton	22	852950
24A	Rose Street	Sefton	21	852950
26	Rose Street	Sefton	3	510294
161	Wellington Road	Sefton	3	16500
163	Wellington Road	Sefton	2	16500
165	Wellington Road	Sefton	1	16500
167	Wellington Road	Sefton	6	35610
169	Wellington Road	Sefton	5	35610
171	Wellington Road	Sefton	4	35610
173	Wellington Road	Sefton	3	35610
175	Wellington Road	Sefton	2	35610
177	Wellington Road	Sefton	1	35610
179	Wellington Road	Sefton	A	314132
181	Wellington Road	Sefton	C	108509
183	Wellington Road	Sefton	2	367725
185	Wellington Road	Sefton	2	36874
187	Wellington Road	Sefton	1	36874
189	Wellington Road	Sefton	7	20919
191	Wellington Road	Sefton	A	410351
191A	Wellington Road	Sefton	1	120755
193	Wellington Road	Sefton	5	20919
195	Wellington Road	Sefton	4	20919