Burwood Local Environmental Plan (Burwood Town Centre) 2010 (NSW)
The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Plan is not a standard local environmental plan, standard clauses have been included in this Plan and the clause numbering from that Order has been retained. This means that the numbering in this Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.
This Plan is Burwood Local Environmental Plan (Burwood Town Centre) 2010.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Burwood Town Centre that are generally in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
The particular aims of this Plan are as follows:
(a) to provide a planning framework for the Burwood Town Centre consistent with its status as a major centre,
(b) to increase opportunities for employment within the Burwood Town Centre,
(c) to ensure an appropriate mix of land uses within the Burwood Town Centre,
(d) to conserve items of environmental heritage within the Burwood Town Centre,
(e) to provide for development that maximises public transport patronage and encourages walking and cycling,
(f) to encourage architectural design excellence,
(g) to mitigate any adverse effect on the amenity of existing and future residents within and adjoining the Burwood Town Centre,
(h) to mitigate any adverse effect on the amenity of existing and future open space areas within the Burwood Town Centre.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the Department of Planning’s website.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
The Burwood Planning Scheme Ordinance ceases to apply to land to which this Plan applies as a consequence of this Plan.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act.
Section 36 of the Act generally provides that SEPPs prevail over LEPs However, a LEP may (by an additional provision included in the Plan) displace or amend a SEPP to deal specifically with the relationship between this Plan and the SEPP.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
• State Environmental Planning Policy No 1—Development Standards
• State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clauses 6 and 10 and Parts 3 and 4)
• State Environmental Planning Policy No 60—Exempt and Complying Development
For the purpose of enabling development on land within any zone to be carried out in accordance with this Plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply:
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows:
• Business Zones B4 Mixed Use
• Recreation Zones RE1 Public Recreation
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Table at the end of this Part specifies for each zone:
(a) the objectives for development, and
(b) development that may be carried out without consent, and
(c) development that may be carried out only with consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Table at the end of this Part:
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 2.6 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with consent.
Before granting consent, the consent authority:
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a) with consent, or
(b) if the Schedule so provides—without consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with consent.
However, consent is not required for a subdivision for the purpose only of any one or more of the following:
(a) widening a public road,
(b) a minor realignment of boundaries that does not create:
(i) additional lots or the opportunity for additional dwellings, or
(ii) lots that are smaller than the minimum size shown on the Lot Size Map in relation to the land concerned,
(c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(d) rectifying an encroachment on a lot,
(e) creating a public reserve,
(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
The demolition of a building or work may be carried out only with consent.
If the demolition of a building or work is identified in this Plan or a State environmental planning policy, such as State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt or complying development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted to development on land in any zone for any temporary purpose for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that:
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any such other instrument, and
(b) the temporary use does not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period, the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
• To provide a mixture of compatible land uses.
• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
• To encourage the provision of affordable housing.
Home occupations; Roads
Amusement centres; Boarding houses; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Funeral chapels; Health services facilities; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Mortuaries; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Retail premises; Seniors housing; Service stations; Shop top housing, Tourist and visitor accommodation; Vehicle sales or hire premises; Veterinary hospitals
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental facilities; Environmental protection works; Roads
Child care centres; Community facilities; Food and drink premises; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Waterbodies (artificial)
Any development not specified in item 2 or 3
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a) must be of minimal environmental impact, and
(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development:
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and
(e) must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 3.3).
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
A heading to an item in Schedule 2 is part of that Schedule.
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c) the development is designated development, or
(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or
(f) the development is on land identified as an environmentally sensitive area.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must:
(a) be permissible, with consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Not adopted.
The objectives of this clause are as follows:
(a) to ensure lots are not smaller than a size that will adequately support development envisaged under this Plan,
(b) to prevent the proliferation of small lots which might otherwise inhibit site consolidation,
(c) to encourage the consolidation of lots,
(d) to restrict opportunities for the creation of small isolated lots.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
Not adopted.
The objectives of this clause are as follows:
(a) to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Burwood Town Centre,
(b) to focus maximum building height in the inner part of the Burwood Town Centre,
(c) to provide a transition in heights to establish a height hierarchy which reduces heights and land use intensity towards the Burwood Town Centre boundary.
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.
The objectives of this clause are as follows:
(a) to limit building heights to facilitate adequate solar access to land adjoining the Burwood Town Centre,
(b) to provide a transition in heights to establish a height hierarchy which reduces heights and land use intensity towards the Burwood Town Centre boundary,
(c) to mitigate any adverse effects on the amenity of existing and future residents living adjacent to the Burwood Town Centre.
The height of a building on any land is not to exceed any building height plane shown on the Building Height Plane Map.
In this clause:
(a) commencing at a building height plane line at the height above ground level (existing) as shown in the table on the Building Height Plane Map, and
(b) projected at the angle measured above the horizontal as shown in the table on the Building Height Plane Map, and
(c) having the general orientation as shown in the table on the Building Height Plane Map.
The objectives of this clause are as follows:
(a) to establish the maximum floor space limits to achieve an appropriate urban form consistent with the major centre status of the Burwood Town Centre,
(b) to focus the highest development density and intensity of land use in the inner part of the Burwood Town Centre,
(c) to provide a transition in development density and intensity of land use to establish a development hierarchy which reduces density and intensity of land use towards the Burwood Town Centre boundary.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
The objectives of this clause are as follows:
(a) to limit the density of residential development in different areas of the Burwood Town Centre,
(b) to ensure that residential development does not dominate the non-residential development in the inner part of the Burwood Town Centre,
(c) to facilitate the enhancement of the residential character of development in the transition from the inner part of the Burwood Town Centre towards the boundary of the Burwood Town Centre.
The residential floor space ratio of a building on land shown edged by a thick blue line on the Floor Space Ratio Map is not to exceed the following residential floor space ratio:
(a) for land identified as Area 1 on that Map—2.0:1,
(b) for land identified as Area 2 on that Map—3.0:1.
In this clause,
This clause applies in conjunction with clause 4.4 and does not increase the maximum permissible floor space ratio provided under clause 4.4 for any site.
The objectives of this clause are as follows:
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
Any part of a building (whether located at, above or below ground level) that is used for public car parking that is owned or operated by or on behalf of the consent authority immediately before the commencement of this Plan is excluded from building’s gross floor area.
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area:
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If:
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are:
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Director-General has been obtained.
In deciding whether to grant concurrence, the Director-General must consider:
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.
Not adopted.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow consent to be granted for development that would contravene any of the following:
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 5.4.
The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
Zone B4 Mixed Use for the land shown on the Land Reservation Acquisition Map and marked “Local road” | Council |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the authority of the State specified opposite that land in Column 2 of the Table.
Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 3 of the Table.
Column 1 | Column 2 | Column 3 |
Land | Authority | Development |
Zone RE1 Public Recreation and marked “Local open space” | Council | Earthworks; Public utility undertakings; Recreation areas |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 8 of the Act | Earthworks; Public utility undertakings; Recreation areas |
Zone B4 Mixed Use for the land shown on the Land Reservation Acquisition Map and marked “Local road” | Council | Demolition; earthworks; Public utility undertakings |
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
Not adopted.
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.
Not adopted.
Not adopted.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 10 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
Not adopted.
Not adopted.
Not adopted.
The objectives of this clause are as follows:
(a) to ensure that development which will contribute to the aesthetic quality of the Burwood Town Centre is not restricted by the height controls of this Plan,
(b) to create variety in the Burwood Town Centre skyline and urban environment,
(c) to promote architectural design excellence.
Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 or a building height plane under clause 4.3A may be carried out, but only with consent.
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.
Not adopted.
This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.
The following development may be carried out, but only with consent:
(a) converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of:
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause:
The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.
This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation area.
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.
This clause does not apply to or in respect of:
(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
Heritage items, heritage conservation areas and archaeological sites (if any) are shown on the Heritage Map. The location and nature of any such item, area or site is also described in Schedule 5.
The objectives of this clause are:
(a) to conserve the environmental heritage of Burwood Town Centre, and
(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and
(c) to conserve archaeological sites, and
(d) to conserve places of Aboriginal heritage significance.
Development consent is required for any of the following:
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building by making structural changes to its interior,
(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, consent under this clause is not required if:
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development:
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
The consent authority may, before granting consent to any development on land:
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a) notify the Heritage Council of its intention to grant consent, and
(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.
The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a) notify the Heritage Council about the application, and
(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:
(a) the conservation of the heritage item is facilitated by the granting of consent, and
(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and
(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
Despite any other provision of this Plan, a heritage item, a heritage conservation area or an archeological site is validly identified for the purposes of this Plan if it is shown on the Heritage Map or described in Schedule 5.
Not adopted.
This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without consent, or that is exempt development under the State Environmental Planning Policy (Infrastructure) 2007.
This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
(Clause 2.5)
(When this Plan was made this Schedule was blank.)
(Clause 3.1)
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
The following standards apply to all advertising and advertising structures:
(a) the advertising structures must not cover any mechanical ventilation inlet or outlet vents,
(b) advertising structures over any public road must be at least 600mm from kerb or roadway edge,
(c) moving, flashing or running advertisements are not permitted,
(d) all advertisements with non-English text must contain a relevant English translation of equivalent prominence.
The following additional standards apply to the types of advertising and advertising structures specified below:
(a) Business identification signs (i) maximum of one sign per business,
(ii) area of sign must not exceed 0.8m
2 per business,(iii) if there is more than one business on a property, total area of all signs on the property must not to exceed 1.6m
2 ,
(b) Real estate signs (advertising premises or land for sale or rent) one sign per premises or land not exceeding 3.5m
2 in area and displayed for no more than 40 days,(c) Existing under-awning signs must involve only the replacement of advertising panels on an existing sign,
(d) Non-illuminated signs behind glass frontage of shops must not cover more than 15% of the glass frontage area,
(e) Temporary signs (i) information displayed must involve the announcement of a local event of a religious, educational, cultural, political, social or recreational nature,
(ii) must not contain commercial advertising except the event’s sponsor or sponsors,
(iii) must only to be displayed for 28 days prior to, and 7 days after, the event,
(iv) temporary signs in the form of posted bills or the like must not be applied to poles, posts or any other structure on land under the care or control of the Council,
(f) Top hamper signs (non-illuminated) (i) must not extend more than 200mm beyond building alignment,
(ii) must not extend below or beyond sides of door hamper, and is limited to 600mm above top door frame to which it is attached.
Provision repealed under the Standard Instrument (Local Environmental Plans) Order 2006.
May only be carried out on land:
(a) on which there is a heritage item, or
(b) within a heritage conservation area, or
(c) identified in clause 3.3 as an environmentally sensitive area for exempt development,
if the filming does not involve or result in any of the following:
(d) any changes or additions that are not merely superficial and temporary to any part of a heritage item, a heritage conservation area or an environmentally sensitive area,
(e) the mounting or fixing of any object or article on any part of such an item or area (including any building or structure),
(f) the movement, parking or standing of any vehicle or equipment on or over any part of such an item or area that is not specifically designed for the movement, parking or standing of a vehicle or equipment on or over it,
(g) any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area.
Must not create significant interference with the neighbourhood.
The person carrying out the filming must obtain a policy of insurance that adequately covers the public liability of the person in respect of the filming for an amount of not less than $10,000,000.
If the filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12-month period at the particular location.
A filming management plan must be prepared and lodged with the consent authority for the location at least 5 days before the commencement of filming at the location. The plan must contain the following information and be accompanied by the following documents (without limiting the information or documents that may be submitted):
(a) the name, address and telephone number of the person carrying out the filming (such as a production company) and of the producer for the filming,
(b) a brief description of the filming to be carried out (for example, a television commercial, a television series, a feature film or a documentary),
(c) the proposed location of the filming,
(d) the proposed commencement and completion dates for the filming at the location,
(e) the proposed daily length of filming at the location,
(f) the number of persons to be involved in the filming,
(g) details of any temporary structures (for example, tents or marquees) to be erected or used at the location for the purposes of the filming,
(h) the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),
(i) proposed arrangements for parking vehicles associated with the filming during the filming,
(j) whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise, vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),
(k) whether the filming will involve the use of outdoor lighting or any other special effects equipment,
(l) a copy of the public liability insurance policy that covers the filming at the location,
(m) a copy of any approval given by a public or local authority to carry out an activity associated with the proposed filming at the location, such as the following:
(i) an approval by the Roads and Traffic Authority for the closure of a road,
(ii) an approval by the Council for the erection or use of a temporary structure, closure of a road or a public footpath, or a restriction in pedestrian access,
(iii) an approval by the Environment Protection Authority for an open fire,
(iv) an approval by the NSW Police Force for the discharge of firearms,
(v) an approval by the Land and Property Management Authority for the use of Crown land,
(n) details of any temporary alteration or addition to any building or work at the location for the purposes of the filming.
The person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing (by way of a letter-box drop) of the filming to residents within a 50m radius of the location. The notice must contain the following information:
(a) the name and telephone number of the person carrying out the filming (such as a production company) and of a contact representative of that person,
(b) a brief description of the filming to be carried out at the location, and any proposed disruptions to the location or the surrounding area or the amenity of the neighbourhood,
(c) the proposed commencement and completion dates for the filming at the location,
(d) the proposed daily length of filming at the location.
May only be used in connection with filming that is exempt development.
Total floor area of all tents or marquees on location at the same time must not exceed 200m
Must be located within at least 3m from any boundary adjoining a public road and at least 1m from any other boundary.
Must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:
(a) 1 exit if the floor area of the tent or marquee does not exceed 25m
2 ,(b) 2 exits in any other case.
Width of each exit must be at least:
(a) 800mm if the floor area of the tent or marquee is less than 150m
2 , or(b) 1m in any other case.
Height of the walls must not exceed:
(a) 4m if erected on private land, or
(b) 5m in any other case.
Height as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee must not exceed 6m.
Must resist loads determined in accordance with the following Australian and New Zealand Standards entitled:
(a) AS/NZS 1170.0:2002, Structural design actions—General principles,
(b) AS/NZS 1170.1:2002, Structural design actions—Permanent, imposed and other actions,
(c) AS/NZS 1170.2:2002, Structural design actions—Wind actions.
Must not remain at the location more than 2 days after the completion of the filming at the location.
May only be erected, used, altered or added to in connection with filming that is exempt development.
Temporary structure must not be at the location for more than 30 days within a 12-month period.
Alteration or addition to the building or work must not remain in place for more than 30 days within a 12-month period.
Temporary structure, or building or work in its altered or added to form, must not be accessible to the public.
(Clause 3.2)
(When this Plan was made this Schedule was blank.)
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application.
Information relevant to this Part is also contained in the Act, the Environmental Planning and Assessment Regulation 2000, the Protection of the Environment Operations Act 1997 and the Roads Act 1993.
(Clause 5.2)
Column 1 | Column 2 |
Locality | Description |
Nil |
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Nil |
Column 1 | Column 2 |
Locality | Description |
Nil |
(Clause 5.10)
Suburb | Item name | Address | Property description | Significance | Item number |
Burwood | Orontes and Monterey | 22–24 Belmore Street | SP 16522 and SP 16521 | Local | I1 |
Burwood | Saint James Church and Hall | 46–48 Belmore Street | Lot 201, DP 1133282 | Local | I2 |
Burwood | Masonic Temple | 47 Belmore Street | Lot 1, DP 309715 | Local | I3 |
Burwood | Victorian terrace | 12–22 Burleigh Street | Lots 1–6, DP 202437 | Local | I4 |
Burwood | Burwood Police Station and Courthouse | 24 Burleigh Street | Lot 1, DP 60543 and Lot 1, DP 62130 | Local | I5 |
Burwood | Shops—First floor facades only | 55, 57 and 59 Burwood Road | Part of Lots B–D, DP 395933 | Local | I6 |
Burwood | Victorian shops—First floor facades only | 71–77 Burwood Road | Part of Lots 1–3, DP 217279 and Lot 1, DP 113133 | Local | I7 |
Burwood | Victorian shops—First floor facades only | 90–98 Burwood Road | Lots 7–11, DP 723608 | Local | I8 |
Burwood | Congregational Church and Church Hall | 134A Burwood Road | Lot 1, DP 795259 | Local | I9 |
Burwood | Federation shops—First floor facades only | 135–139 Burwood Road | Part of Lot 1, DP 70711 and Lot A, DP 380748 | Local | I10 |
Burwood | Shops—First floor facades only | 157–159 Burwood Road | Part of Lot 1, DP 80605 and Lot 1, DP 85327 | Local | I11 |
Burwood | Federation building—First floor facade facing Burwood Road only | 166 Burwood Road (on northeast corner of Railway Parade and Burwood Road intersection) | Lot 3, DP 230938 | Local | I12 |
Burwood | Former Burwood Post Office | 168A Burwood Road | Lot 337, DP 752023 | State | I13 |
Burwood | Shops—First floor facades only | 170–174 Burwood Road | Part of Lot 1, DP 555344; Lot 6, DP 82027 and Lot B, DP 405709 | Local | I14 |
Burwood | Shop facades only | 171–171C, 185D, 185E and 187 Burwood Road | Part of Lot 101, DP 136390; Lots 10 and 11, DP 16560 and Lot 5, DP 13545 | Local | I15 |
Burwood | Shops—First floor facades only | 185–185A Burwood Road | Lot 7, DP 16560 | Local | I16 |
Burwood | First floor facades only | 216–256 Burwood Road | Lot B, DP 27199; Lot 3, DP 10833; Lot C, DP 27199; Lot 5, DP 187888; Lots D–H, J and K, DP 27199 and Lots 1–3, DP 748398 | Local | I17 |
Burwood | Group, includes bridges crossing to the west of Burwood Road, platforms 4 and 5, between the tracks and pedestrian subway and steps | Burwood Railway Station, Burwood Road | Lot 2, DP 230938 and Lots 1–4, DP 229037 | State | I18 |
Burwood | Burwood Council Office—1887 building only | 2–4 Conder Street | Part of Lot 15, DP 832440 | Local | I19 |
Burwood | Victorian semi-detached houses | 9–11 George Street | Lots C and D, DP 415890 | Local | I20 |
Burwood | Lochiel Terrace | 51–67 George Street West | Lots 1–9, DP 440292 |
Local | I21 | ||||
Burwood | Rossmoyne (formerly Tulloona) | 48–50 Park Road | Lot 9, DP 12207 | Local | I22 |
Burwood | Former Parcels Office—Building only | 1A Railway Parade | Lot 2309, DP 1134547 | Local | I23 |
Burwood | St. Nectarios Greek Orthodox Church | 26 Railway Parade | Lot 1, DP 741809 | Local | I24 |
Burwood | Federation house | 79–81 Shaftesbury Road | Lots C and D, DP 385419 | Local | I25 |
(Clause 1.4)
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
The term is defined as a structure used or to be used principally for the display of an advertisement.
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
(a) animal boarding or training establishments,
(b) aquaculture,
(c) extensive agriculture,
(d) farm forestry,
(e) intensive livestock agriculture,
(f) intensive plant agriculture.
(a) billiards, pool or other like games, or
(b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
The term is defined as follows:
(a) cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or
(b) keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond),
but does not include:
(c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or
(d) anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or
(e) any other thing prescribed by the regulations (made under the Fisheries Management Act 1994).
This Dictionary also contains definitions of
(a) shown on the Heritage Map as an archaeological site, and
(b) the location and nature of which is described in Schedule 5, and
(c) that contains one or more relics.
(a) each dwelling is attached to another dwelling by a common wall, and
(b) each of the dwellings is on its own lot of land (not being an individual lot in a strata plan or community title scheme), and
(c) none of the dwellings is located above any part of another dwelling.
(a) that has shared facilities, such as a communal bathroom, kitchen or laundry, and
(b) that will generally provide accommodation on a bed basis (rather than by room).
(a) meals are provided for guests only, and
(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c) dormitory-style accommodation is not provided.
See clause 5.4 for controls relating to the number of bedrooms.
The term is defined as follows:
(a) genetic diversity—the variety of genes (or units of heredity) in any population,
(b) species diversity—the variety of species,
(c) ecosystem diversity—the variety of communities or ecosystems.
(a) that is wholly or partly let in lodgings, and
(b) that provides lodgers with a principal place of residence for 3 months or more, and
(c) that may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d) that has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, a serviced apartment, seniors housing or hotel or motel accommodation.
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
(a) a building wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
The term is defined as follows:
(a) the establishment or maintenance of fire breaks on land, and
(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
(a) that indicates:
(i) the name of the person or business, and
(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not include any advertising relating to a person who does not carry on business at the premises or place.
(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b) a service is provided directly to members of the public on a regular basis,
and may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.
(a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:
(i) dwellings that are permitted on rural land, and
(ii) dwellings that are used for caretaker or staff purposes, or
(b) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
(a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and
(b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre,
but does not include:
(c) a building or place used for home-based child care, or
(d) an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children’s Guardian, or
(e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or
(g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or
(h) a service that is concerned primarily with the provision of:
(i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or
(ii) private tutoring, or
(i) a school, or
(j) a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.
The term is defined as follows:
(a) a main road,
(b) a highway,
(c) a freeway,
(d) a controlled access road,
(e) a secondary road,
(f) a tourist road,
(g) a tollway,
(h) a transitway,
(i) a State work.
(See Roads Act 1993 for meanings of these terms.)
The term is defined as follows:
(a) cutting down, felling, thinning, logging or removing native vegetation,
(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
The term is defined as follows:
(a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and
(b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and
(c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).
The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.
(a) owned or controlled by a public authority or non-profit community organisation, and
(b) used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
(a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b) any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(a) a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or
(b) a common within the meaning of the Commons Management Act 1989, or
(c) lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902,
but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
The term is defined as follows:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) that relates to the settlement of the area of Burwood, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
See clause 5.4 for controls relating to the gross floor area.
(a) agricultural produce industry, or
(b) livestock processing industry, or
(c) use of composting facilities and works (including to produce mushroom substrate), or
(d) use of sawmill or log processing works, or
(e) use of stock and sale yards, or
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,
undertaken for commercial purposes.
(a) is established in conjunction with another dwelling (the
principal dwelling ), and(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
See clause 5.4 for controls relating to the total floor area.
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for:
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows:
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
The term is defined as follows:
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
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