Canada Bay Local Environmental Plan 2013 (NSW)
This Plan is Canada Bay Local Environmental Plan 2013.
This Plan commences 14 days after it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Canada Bay in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to create a land use framework for controlling development in Canada Bay that—
(i) allows detailed provisions to be made in any development control plan made by the Council, and
(ii) is consistent with the Canada Bay Local Strategic Planning Statement adopted by the Council on 15 October 2019,
(b) to maintain and enhance the existing amenity and quality of life of the local community by providing for a balance of development that caters for the housing, employment, entertainment, cultural, welfare and recreational needs of residents and visitors,
(c) to achieve high quality urban form by ensuring that new development reflects the existing or desired future character of particular localities,
(d) to promote sustainable transport, reduce car use and increase use of public transport, walking and cycling,
(e) to provide high quality open spaces and a range of recreational facilities,
(f) to conserve the environmental heritage of Canada Bay,
(g) to promote ecologically sustainable development,
(h) to facilitate public access to foreshore land.
This Plan applies to the land identified on the Land Application Map.
(Repealed)
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 local plan-making authority 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 local plan-making authority when the instruments are made.
(Repealed)
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 NSW Planning Portal. 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 website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Canada Bay Local Environmental Plan 2008
• Concord Local Environmental Plan No 103 (Heritage)
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.
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 not commenced.
If a development application has been made before the commencement of Canada Bay Local Environmental Plan 2013 (Amendment No 15) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
If a development application has been made, but not finally determined, before the commencement of Canada Bay Local Environmental Plan 2013 (Amendment No 20), the application must be determined as if that Plan had not commenced.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Homebush Transport Oriented Development Precinct) 2024 must be determined as if that policy had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
• State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 4.
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a 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 relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, 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 Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 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—
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP2 Infrastructure
SP4 Enterprise
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C2 Environmental Conservation
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use 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 development consent, and
(c) development that may be carried out only with development 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 Land Use 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 Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
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.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development 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 development consent, or
(b) if the Schedule so provides—without development 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 development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt 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 for development on land in any zone for a temporary use for a maximum period of 52 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 other applicable environmental planning instrument, and
(b) the temporary use will 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 land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Environmental facilities; Exhibition homes; Group homes; Hostels; Information and education facilities; Jetties; Light industries; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Schools; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Water recycling facilities
Hardware and building supplies; Landscaping material supplies; Plant nurseries; Rural supplies; Rural workers’ dwellings; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works; Home occupations
Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Group homes; Health consulting rooms; Jetties; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Schools; Semi-detached dwellings; Tank-based aquaculture; Water recycling facilities
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Environmental facilities; Exhibition homes; Group homes; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential accommodation; Respite day care centres; Roads; Schools; Seniors housing; Tank-based aquaculture; Water recycling facilities
Rural workers’ dwellings; Shop top housing; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Environmental protection works
Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Environmental facilities; Exhibition homes; Exhibition villages; Local distribution premises; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Shop top housing; Water recycling facilities; Water supply systems
Any other development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To provide for a range of small-scale services and employment opportunities within walking distance of residential housing.
Environmental protection works
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wholesale supplies
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
Environmental protection works
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Home-based child care; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To provide for residential uses, but only as part of mixed use development.
Environmental protection works
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Respite day care centres; Rural supplies; Service stations; Shop top housing; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Home-based child care; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewage treatment plants; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
Environmental protection works
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Public administration buildings; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
Environmental protection works
Amusement centres; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Moorings; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To ensure that works are compatible with and protect the biodiversity values of the natural environment.
Environmental protection works
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for development and land uses that support enterprise and productivity.
• To provide a range of office and light industrial uses.
• To encourage employment opportunities.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
• To encourage the erection of buildings suited to development requiring large floor areas, and to discourage small scale uses unless they are of an ancillary or service nature.
• To facilitate public access throughout the zone.
Environmental protection works
Building identification signs; Business identification signs; Garden centres; Hardware and building supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Places of public worship; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To facilitate public access to and along the foreshore.
• To conserve public open space that enhances the scenic and environmental quality of Canada Bay.
Environmental protection works
Aquaculture; Biosolids treatment facilities; Boat sheds; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recycling facilities
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To conserve private open space that enhances the scenic and environmental quality of Canada Bay.
Environmental protection works
Aquaculture; Biosolids treatment facilities; Boat sheds; Car parks; Community facilities; Environmental facilities; Flood mitigation works; Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Water recycling facilities
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Environmental protection works
Environmental facilities; Information and education facilities; Jetties; Oyster aquaculture; Roads; Water recreation structures
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
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 or, if there are no such relevant provisions, must be structurally adequate, 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.
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.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
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 development 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 or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja) land that is in Zone C2 Environmental Conservation,
(jb) land identified as “Environmentally Sensitive Land” on the Environmentally Sensitive Land Map.
The objectives of this clause are as follows—
(a) to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,
(b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c) to ensure that lot sizes and dimensions are able to accommodate development,
(d) to maintain visual amenity and character of the area,
(e) to retain residential amenity through the provision of suitable landscaped areas and vehicular access.
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.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
[Not adopted]
The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
This clause applies to land in the following zones—
(a) Zone R1 General Residential,
(b) Zone R3 Medium Density Residential,
(c) Zone R4 High Density Residential.
Despite any other provision of this Plan, development consent must not be granted for the subdivision of land on which multi dwelling housing (terraces) is erected, or proposed to be erected, unless each resulting lot is at least—
(a) 225m
2 , and(b) 6m wide at the front building line.
The objective of this clause is to achieve planned residential density in certain zones.
Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 if—
(a) the area of the lot is equal to or greater than the area specified in Column 3, and
(b) the width of the lot at the front building line is equal to or greater than the width specified in Column 4.
Despite subclause (2), development consent may be granted for development for the purposes of dual occupancies (detached) on a lot that is at least 14m wide at the front building line if—
(a) the lot is a corner lot or a parallel road lot, and
(b) each dwelling fronts, and can be accessed from, a different road.
Column 1 | Column 2 | Column 3 | Column 4 |
Dual occupancies (attached) | Zone R1, Zone R2, Zone R3 | 450m | 14m |
Dual occupancies (detached) | Zone R1, Zone R2, Zone R3 | 800m | 17m |
Multi dwelling housing, other than multi dwelling housing (terraces) | Zone R1, Zone R3 | 800m | 20m |
Multi dwelling housing, other than multi dwelling housing (terraces) | Zone R4 | 1,500m | 20m |
Residential flat buildings, other than manor houses | Zone R1, Zone R3 | 800m | 20m |
Residential flat buildings, other than manor houses | Zone R4 | 1,500m | 20m |
Boarding houses, other than development involving the change of use to a boarding house | Zone R2 | 800m | 20m |
Multi dwelling housing (terraces) | Zone R1, Zone R3 | 600m | 18m |
Multi dwelling housing (terraces) | Zone R4 | 1,500m | 18m |
Manor houses | Zone R1, Zone R3 | 600m | 18m |
[Not applicable]
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the height, bulk and scale of the desired future character of the locality and positively contribute to the streetscape and public spaces,
(b) to protect the amenity of residential accommodation, neighbouring properties and public spaces in terms of—
(i) visual and acoustic privacy, and
(ii) solar access and view sharing,
(c) to establish a transition in scale between medium and high density centres and adjoining lower density and open space zones to protect local amenity,
(d) to ensure that buildings respond to the natural topography of the area.
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.
Despite subclause (2), the maximum height for a building on an internal lot in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential is 5.4m.
The objectives of this clause are as follows—
(a) to encourage the consolidation of certain land in the Five Dock Town Centre,
(b) to encourage the provision of a pedestrian walkway.
The height of a building on land identified as “Area 1” on the Height of Buildings Map may exceed the maximum height shown for the land on that map if—
(a) the height of the building does not exceed 24 metres, and
(b) the building has a site area of at least 1,000 square metres, and
(c) the building has a street frontage of at least 20 metres.
The height of a building on land identified as “Area 2” on the Height of Buildings Map may exceed the maximum height shown for the land on that map if—
(a) the height of the building does not exceed 15 metres, and
(b) the lots comprising the land are consolidated into a single lot, and
(c) the development will include a pedestrian walkway that is at least 4 metres wide across the land comprising 1 East and 2 West Streets, Five Dock, being Lots 1 and 12, Section 2, DP 7680.
This clause applies to land at 63–69 Victoria Road, Drummoyne, being Lot 10, DP 625084.
The height of a building on the land may exceed the maximum height shown for the land on the Height of Buildings Map if—
(a) the height of the building does not exceed 20 metres, and
(b) the building has a site area of at least 2,500 square metres.
Despite clause 4.3, development consent must not be granted for development for the purposes of secondary dwellings or dual occupancies if—
(a) for a secondary dwelling in a building separate from the building containing the principal dwelling—the building containing the secondary dwelling—
(i) is more than 5.4m in height, and
(ii) does not have a street frontage, and
(b) for a secondary dwelling attached to the principal dwelling—the part of the building containing the secondary dwelling—
(i) is more than 5.4m in height, and
(ii) does not have a street frontage, and
(c) for a dual occupancy (detached)—the building containing the dwelling—
(i) is more than 5.4m in height, and
(ii) does not have a street frontage, and
(d) for a dual occupancy (attached)—the part of the building containing the dwelling—
(i) is more than 5.4m in height, and
(ii) does not have a street frontage.
This clause applies to land in the following zones—
(a) Zone R1 General Residential,
(b) Zone R3 Medium Density Residential,
(c) Zone R4 High Density Residential.
Despite clause 4.3, development consent may be granted for development for the purposes of multi dwelling housing (terraces) on land to which this clause applies if the consent authority is satisfied that the development will not result in a building that—
(a) exceeds 9m in height,
(b) has a third storey or attic that includes habitable spaces other than bedrooms,
(c) projects higher than an incline plane that—
(i) starts at the front building line at 7m above ground level (existing), and
(ii) extends upwards in the direction of the land’s rear boundary at an angle of 45°,
(d) projects higher than an incline plane that—
(i) starts at the rear building line at 7m above ground level (existing), and
(ii) extends upwards in the direction of the land’s front boundary at an angle of 45°.
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the bulk, scale, streetscape and desired future character of the locality,
(b) to provide a suitable balance between landscaping and built form,
(c) to minimise overshadowing of, and loss of privacy to, neighbouring properties,
(d) to maximise solar access and amenity for public places,
(e) to manage the visual impact of development when viewed from public places, including the Parramatta River.
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.
Despite subclause (2), the maximum floor space ratio for multi dwelling housing or a residential flat building on land identified as “Area 1” on the Floor Space Ratio Map is 0.7:1 if the land—
(a) is not land that comprises, or on which there is, a heritage item or a draft heritage item, or
(b) is not within a heritage conservation area or a draft heritage conservation area.
(Repealed)
Despite subclause (2), the maximum floor space ratio for a building on land identified as “Area 2” on the Floor Space Ratio Map with a site area within the range specified in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table—
Column 1 | Column 2 |
Site area | Floor space ratio |
< 1,000 square metres | 2.0:1 |
1,000 square metres–1,500 square metres | 2.25:1 |
> 1,500 square metres–2,000 square metres | 2.5:1 |
> 2,000 square metres–2,500 square metres | 2.75:1 |
> 2,500 square metres–3,000 square metres | 3.0:1 |
> 3,000 square metres–3,500 square metres | 3.25:1 |
> 3,500 square metres | 3.5:1 |
Despite subclause (2), the maximum floor space ratio for a building on land identified as “Area 3” on the Floor Space Ratio Map with a site area within the range specified in Column 1 of the table to this subclause must not exceed the ratio specified opposite in Column 2 of the table—
Column 1 | Column 2 |
Site area | Floor space ratio |
< 1,000 square metres | 2.0:1 |
1,000 square metres–1,250 square metres | 2.25:1 |
> 1,250 square metres–1,500 square metres | 2.5:1 |
> 1,500 square metres–2,000 square metres | 2.75:1 |
> 2,000 square metres | 3.0:1 |
Despite subclause (2), the maximum floor space ratio for development that is used for the purposes of commercial premises, light industries or vehicle repair stations on land identified as “Area 4” on the Floor Space Ratio Map must not exceed 1:1.
Despite subclause (2), the maximum floor space ratio for development (other than for the purpose of a dwelling house or a semi-detached dwelling) on land identified as “Area 5” on the Floor Space Ratio Map with a site area of 1,000 square metres and a street frontage of at least 20 metres is 2.7:1 if the consent authority is satisfied that the development—
(a) is designed to be compatible with the desired future character of the area and with the height, bulk, scale, massing and modulation of surrounding buildings, and
(b) has a form and external appearance that will improve the quality and amenity of the public domain, such as new pedestrian connections and open space, and
(c) promotes the sharing of view corridors, and
(d) relates appropriately to surrounding heritage items, and
(e) minimises environmental impacts such as overshadowing, wind and reflectivity, and
(f) incorporates the principles of ecologically sustainable development, and
(g) encourages the use of public transport, walking and cycling, and
(h) achieves excellence in urban design, while relating to the local context.
Despite subclause (2), the maximum floor space ratio for development on land identified as “Area 6” on the Floor Space Ratio Map with a site area of at least 2,500 square metres is 2.25:1.
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
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 development 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 as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development 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.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
When this Plan was made it did not include all of these zones.
(Repealed)
This clause does not allow development 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,
(caa) clause 5.5,
(ca) clauses 6.4 and 6.5,
(cb) clause 6.10,
(cc) clauses 7.3 and 7.8(2)(a)–(c).
The objective of this clause is to identify, for the purposes of section 3.15 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 2.5 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Zone R3 Medium Density Residential and marked “Local road” | Council |
Zone R4 High Density Residential and marked “Local road” | Council |
Zone E3 Productivity Support and marked “Local road” | Council |
Zone SP2 Infrastructure and marked “Local road” | Council |
Zone R4 High Density Residential and marked “Classified road” | Transport for NSW |
Zone MU1 Mixed Use and marked “Classified Transport for NSW Road” | Transport for NSW |
Zone R3 Medium Density Residential and marked “Classified Transport for NSW Road” | Transport for NSW |
Zone RE1 Public Recreation and marked “Classified Transport for NSW Road” | Transport for NSW |
Zone MU1 Mixed Use and marked “Classified road” | Transport for NSW |
Zone RE1 Public Recreation and marked “Classified road” | Transport for NSW |
Zone E3 Productivity Support and marked “Classified road” | Transport for NSW |
When this Plan was made it did not include all of these zones.
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—
(a) identified on the Land Reservation Acquisition Map and specified in Column 1 of the table to this clause, and
(b) that has not been acquired by the relevant authority of the State specified for the land in the table to clause 5.1.
Development consent must not be granted to development on land to which this clause applies other than development for a purpose specified opposite the land in Column 2 of the table.
Column 1 | Column 2 |
Land | Development |
Zone MU1 Mixed Use and marked “Classified Transport for NSW Road” | Roads |
Zone R3 Medium Density Residential and marked “Classified Transport for NSW Road” | Roads |
Zone RE1 Public Recreation and marked “Classified Transport for NSW Road” | Roads |
Zone MU1 Mixed Use and marked “Classified road” | Roads |
Zone RE1 Public Recreation and marked “Classified road” | Roads |
Zone E3 Productivity Support and marked “Classified road” | Roads |
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 and certain Crown land). 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 Land Management Act 2016).
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.
The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 25 metres.
This clause does not apply to—
(a) land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(b) land within the coastal zone, or
(c) land proposed to be developed for the purpose of sex services or restricted premises.
When this Plan was made it did not include all of these zones.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
This clause does not prescribe a development standard that may be varied under this Plan.
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.
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
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 50 square metres of floor area.
If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a) 43% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b) 400 square metres,
whichever is the lesser.
If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 30 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.
If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 9 square metres.
If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a) 60 square metres,
(b) 43% of the total floor area of the principal dwelling.
If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a) 43% of the gross floor area of the industry, or
(b) 400 square metres,
whichever is the lesser.
[Not adopted]
The objectives of this clause are as follows—
(a) to allow minor architectural roof features to exceed height limits,
(b) to ensure that any architectural roof feature does not cause an adverse visual impact or adversely affect the amenity of neighbouring properties,
(c) to ensure that architectural roof features are considered in the design of a building and form an integral part of a building’s design.
Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development 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.
The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW 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—
[Not adopted]
(Repealed)
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
The objectives of this clause are as follows—
(a) to conserve the environmental heritage of Canada Bay,
(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c) to conserve archaeological sites,
(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.
Development consent is required for any of the following—
(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i) a heritage item,
(ii) an Aboriginal object,
(iii) a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c) 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,
(d) disturbing or excavating an Aboriginal place of heritage significance,
(e) erecting a building on land—
(i) on which a heritage item is located or that is within a heritage conservation area, or
(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f) subdividing land—
(i) on which a heritage item is located or that is within a heritage conservation area, or
(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
However, development 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, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, 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 an Aboriginal place of 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 in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document 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—
(a) on land on which a heritage item is located, or
(b) on land that is within a heritage conservation area, or
(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),
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.
Small bars are a type of
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 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, hire or display of other goods referred to in this definition.
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of
Stock and sale yards are a type of
(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.
Take away food and drink premises are a type of
Tank-based aquaculture is a type of
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
The term is defined as follows—
Timber yards are a type of
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include—
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(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.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Canada Bay Local Environmental Plan 2013 (389). LW 19.7.2013. Date of commencement, 14 days after publication on LW, cl 1.1AA. This Plan has been amended as follows—
(461) | Canada Bay Local Environmental Plan 2013 (Amendment No 2). LW 23.8.2013. Date of commencement, on publication on LW, cl 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27. | |
(73) | Canada Bay Local Environmental Plan 2013 (Amendment No 3). LW 21.02.2014. Date of commencement, on publication on LW, cl 2. | |
(298) | Canada Bay Local Environmental Plan 2013 (Amendment No 1). LW 30.5.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(819) | Canada Bay Local Environmental Plan 2013 (Amendment No 4). LW 19.12.2014. Date of commencement, on publication on LW, cl 2. | |
(124) | Canada Bay Local Environmental Plan 2013 (Amendment No 5). LW 5.3.2015. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(784) | Canada Bay Local Environmental Plan 2013 (Amendment No 6). LW 18.12.2015. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(167) | Local Environmental Plan (Greater Sydney LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2. | |
(246) | Canada Bay Local Environmental Plan 2013 (Amendment No 8). LW 13.5.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(478) | Canada Bay Local Environmental Plan 2013 (Amendment No 9). LW 5.8.2016. Date of commencement, on publication on LW, cl 2. | |
(521) | Canada Bay Local Environmental Plan 2013 (Amendment No 7). LW 19.8.2016. Date of commencement, on publication on LW, cl 2. | |
(729) | Canada Bay Local Environmental Plan 2013 (Amendment No 10). LW 2.12.2016. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(157) | Canada Bay Local Environmental Plan 2013 (Amendment No 11). LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(177) | Canada Bay Local Environmental Plan 2013 (Amendment No 12). LW 27.4.2018. Date of commencement, on publication on LW, cl 2. | |
(205) | Canada Bay Local Environmental Plan 2013 (Amendment No 16). LW 18.5.2018. Date of commencement, on publication on LW, cl 2. | |
(288) | Canada Bay Local Environmental Plan 2013 (Amendment No 14). LW 22.6.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. |
Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1). | ||
(531) | Canada Bay Local Environmental Plan 2013 (Amendment No 15). LW 14.9.2018. Date of commencement, on publication on LW, cl 2. | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 2.7, 3 and 5, 15.1.2020, cl 2(1). | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(230) | Canada Bay Local Environmental Plan 2013 (Amendment No 17). LW 29.5.2020. Date of commencement, on publication on LW, cl 2. | |
(245) | Canada Bay Local Environmental Plan 2013 (Amendment No 13). LW 5.6.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(89) | Canada Bay Local Environmental Plan 2013 (Amendment No 18). LW 26.2.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(301) | Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(644) | State Environmental Planning Policy Amendment (Rhodes Precinct) 2021. LW 29.10.2021. Date of commencement, 30.10.2021, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(78) | Canada Bay Local Environmental Plan 2013 (Amendment No 19). LW 8.4.2022. Date of commencement, on publication on LW, sec 2. | |
(100) | State Environmental Planning Policy Amendment (Rhodes Precinct) 2022. LW 18.3.2022. Date of commencement, on publication on LW, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(512) | Canada Bay Local Environmental Plan 2013 (Amendment No 20). LW 26.8.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(736) | Canada Bay Local Environmental Plan 2013 (Amendment No 24). LW 2.12.2022. Date of commencement, on publication on LW, cl 2. | |
(829) | State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. The amendment made by Sch 1.3[6] to cl 6.5(1) was without effect as the text to be omitted did not appear in that clause. | |
(842) | Canada Bay Local Environmental Plan 2013 (Amendment No 21). LW 16.12.2022. Date of commencement, on publication on LW, cl 2. | |
(134) | Canada Bay Local Environmental Plan 2013 (Amendment No 23). LW 31.3.2023. Date of commencement, on publication on LW, cl 2. | |
(306) | Canada Bay Local Environmental Plan 2013 (Amendment No 22). LW 16.6.2023. Date of commencement, 25.8.2023, cl 2. | |
(433) | Canada Bay Local Environmental Plan 2013 (Amendment No 26). LW 4.8.2023. Date of commencement, on publication on LW, cl 2. | |
(443) | Canada Bay Local Environmental Plan 2013 (Amendment No 25). LW 11.8.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(508) | State Environmental Planning Policy Amendment (Rhodes Precinct) 2023. LW 8.9.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(685) | Canada Bay Local Environmental Plan 2013 (Amendment No 27). LW 15.12.2023. Date of commencement, on publication on LW, cl 2. | |
(698) | State Environmental Planning Policy Amendment (Design Competition Guidelines) 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2 | |
(12) | Canada Bay Local Environmental Plan 2013 (Amendment No 28). LW 25.1.2024. Date of commencement, on publication on LW, cl 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(300) | Canada Bay Local Environmental Plan 2013 (Amendment No 29). LW 12.7.2024. Date of commencement, on publication on LW, cl 2. | |
(595) | State Environmental Planning Policy Amendment (Homebush Transport Oriented Development Precinct) 2024. LW 27.11.2024. Date of commencement, on publication on LW, sec 2. | |
(129) | Canada Bay Local Environmental Plan 2013 (Amendment No 30). LW 28.3.2025. Date of commencement, on publication on LW, cl 2. | |
(478) | Canada Bay Local Environmental Plan 2013 (Amendment No 31). LW 5.9.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2021 (89), Sch 1[1]. |
Cl 1.3 | Am 2014 (298), Sch 1 [1]. |
Cl 1.8 | Am 2014 (298), Sch 1 [2]. |
Cl 1.8A | Am 2018 (531), Sch 1 [1]; 2019 (621), Sch 5[1]; 2022 (512), Sch 1[1]; 2023 (609), Sch 1.1[1]; 2024 (595), Sch 1[1]. |
Cl 1.9 | Am 2014 (298), Sch 1 [3]; 2022 (72), Sch 1.14. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2022 (829), Sch 1.3[1] [2]. |
Land Use Table | Am 2016 (167), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 (531), Sch 1 [2]; 2019 (621), Sch 3; 2021 (89), Sch 1[2]; 2021 (644), Sch 1[1] [2]; 2022 (314), Sch 1; 2022 (829), Sch 1.3[3] [4]. |
Cl 3.3 | Am 2018 (531), Sch 1 [3]; 2022 (829), Sch 1.3[5]. |
Cl 4.1A | Subst 2021 (89), Sch 1[3]. |
Cl 4.1AB | Ins 2022 (512), Sch 1[2]. |
Cl 4.1A | Am 2022 (512), Sch 1[3] [4]. |
Cl 4.3 | Am 2021 (89), Sch 1[4]; 2022 (512), Sch 1[5]. |
Cl 4.3A | Ins 2016 (521), Sch 1 [1]. |
Cl 4.3B | Ins 2020 (230), cl 5(1). |
Cl 4.3C | Ins 2022 (512), Sch 1[6]. Subst 2022 (736), cl 4. |
Cl 4.3D | Ins 2022 (512), Sch 1[6]. |
Cl 4.4 | Am 2016 (521), Sch 1 [2]; 2020 (230), cl 5(2); 2021 (89), Sch 1[5]; 2022 (512), Sch 1[7]. |
Cl 4.6 | Am 2018 (157), Sch 1 [1]; 2021 (644), Sch 1[3]; 2023 (508), Sch 1[1]; 2023 (554), Sch 2.6[1]. |
Cl 5.1 | Am 2014 (298), Sch 1 [4]–[6]; 2021 (644), Sch 1[4]; 2022 (829), Sch 1.3[6]; 2022 (842), Sch 1[1]; 2024 (42), Sch 1.10; 2024 (595), Sch 1[2]. |
Cl 5.1A | Ins 2022 (842), Sch 1[2]. Am 2024 (42), Sch 1.10; 2024 (595), Sch 1[3]. |
Cl 5.4 | Am 2018 (406), Sch 1.28 [1] [2]; 2023 (458), Sch 1[1]. |
Cl 5.22 | Subst 2023 (609), Sch 1.1[2]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 6.3 | Am 2018 (531), Sch 1 [4]; 2021 (89), Sch 1[6] [7]; 2022 (829), Sch 1.3[5]. |
Cl 6.5 | Am 2017 (493), Sch 1.2 [2]; 2021 (644), Sch 1[5]; 2022 (842), Sch 1[3]. |
Cl 6.6 | Am 2022 (829), Sch 1.3[8] [9]. |
Cl 6.7 | Am 2017 (493), Sch 1.2 [1]. |
Cl 6.8 | Ins 2018 (157), Sch 1 [2]. Rep 2021 (225), Sch 1 |
Cl 6.9 | Ins 2018 (157), Sch 1 [2]. Am 2022 (842), Sch 1[4] [5]. Rep 2023 (554), Sch 2.6[2]. |
Cl 6.10 | Ins 2018 (157), Sch 1 [2]. Am 2023 (554), Sch 2.6[3]. |
Cl 6.11 | Ins 2021 (89), Sch 1[8]. |
Cl 6.12 | Ins 2021 (89), Sch 1[8]. Am 2021 (644), Sch 1[6]–[10]; 2022 (829), Sch 1.3[10]; 2023 (134), Sch 1[1]–[3]; 2023 (306), Sch 1[1] [2]. |
Cl 6.13 | Ins 2021 (89), Sch 1[8]. |
Cl 6.14 | Ins 2022 (842), Sch 1[6]. Am 2023 (698), Sch 1.4[1]–[4]. |
Cl 6.15 | Ins 2023 (306), Sch 1[3]. |
Cl 6.16 | Ins 2024 (595), Sch 1[4]. |
Cl 6.17 | Ins 2025 (478), Sch 1[1]. |
Part 7 | Ins 2021 (644), Sch 1[11]. |
Cl 7.1 | Ins 2021 (644), Sch 1[11]. |
Cl 7.2 | Ins 2021 (644), Sch 1[11]. Am 2023 (698), Sch 1.4[1]–[4]. |
Cl 7.3 | Ins 2021 (644), Sch 1[11]. Am 2024 (12), Sch 1[1]–[3]. |
Cl 7.4 | Ins 2021 (644), Sch 1[11]. |
Cl 7.5 | Ins 2021 (644), Sch 1[11]. Am 2022 (100), Sch 1[1]. |
Cl 7.6 | Ins 2021 (644), Sch 1[11]. |
Cl 7.7 | Ins 2021 (644), Sch 1[11]. Am 2022 (100), Sch 1[2]. |
Cl 7.8 | Ins 2021 (644), Sch 1[11]; 2023 (508), Sch 1[2]. |
Cl 7.9 | Ins 2021 (644), Sch 1[11]. |
Cl 7.10 | Ins 2021 (644), Sch 1[11]. |
Cl 7.11 | Ins 2021 (644), Sch 1[11]. |
Cl 7.12 | Ins 2021 (644), Sch 1[11]. |
Cl 7.13 | Ins 2021 (644), Sch 1[11]. Am 2025 (129), Sch 1[1]. |
Cl 7.14 | Ins 2021 (644), Sch 1[11]. Am 2022 (512), Sch 1[8]; 2025 (129), Sch 1[2]. |
Cl 7.15 | Ins 2021 (644), Sch 1[11]. Am 2022 (100), Sch 1[3] [4]; 2024 (12), Sch 1[4]. |
Cl 7.16 | Ins 2021 (644), Sch 1[11]. |
Cl 7.17 | Ins 2021 (644), Sch 1[11]. Am 2023 (433), Sch 1[1] [2] |
Cl 7.18 | Ins 2021 (644), Sch 1[11]. Rep 2023 (433), Sch 1[2]. |
Cl 7.19 | Ins 2021 (644), Sch 1[11]. |
Cl 7.20 | Ins 2021 (644), Sch 1[11]. |
Cl 7.21 | Ins 2021 (644), Sch 1[11]. |
Part 8 | Ins 2022 (842), Sch 1[7]. |
Cl 8.1 | Ins 2022 (842), Sch 1[7]. |
Cl 8.2 | Ins 2022 (842), Sch 1[7]. Rep 2023 (554), Sch 2.6[2]. |
Cl 8.3 | Ins 2022 (842), Sch 1[7]. |
Cl 8.4 | Ins 2022 (842), Sch 1[7]. Am 2023 (685), Sch 1. |
Cl 8.5 | Ins 2022 (842), Sch 1[7]. |
Cl 8.6 | Ins 2022 (842), Sch 1[7]. |
Cl 8.7 | Ins 2022 (842), Sch 1[7]. Am 2024 (595), Sch 1[5]. |
Cl 8.8 | Ins 2022 (842), Sch 1[7]. |
Cl 8.9 | Ins 2022 (842), Sch 1[7]. |
Cl 8.10 | Ins 2022 (842), Sch 1[7]. Am 2023 (443), Sch 1. |
Cl 8.11 | Ins 2022 (842), Sch 1[7]. |
Part 9 | Ins 2024 (595), Sch 1[6]. |
Part 9, Div 1 | Ins 2024 (595), Sch 1[6]. |
Cl 9.1 | Ins 2024 (595), Sch 1[6]. |
Cl 9.2 | Ins 2024 (595), Sch 1[6]. |
Cl 9.3 | Ins 2024 (595), Sch 1[6]. |
Cl 9.4 | Ins 2024 (595), Sch 1[6]. |
Cl 9.5 | Ins 2024 (595), Sch 1[6]. |
Part 9, Div 2 | Ins 2024 (595), Sch 1[6]. |
Cl 9.6 | Ins 2024 (595), Sch 1[6]. |
Cl 9.7 | Ins 2024 (595), Sch 1[6]. |
Cl 9.8 | Ins 2024 (595), Sch 1[6]. |
Cl 9.9 | Ins 2024 (595), Sch 1[6]. |
Sch 1 | Am 2013 (461), cl 4; 2014 (73), cl 4; 2014 (298), Sch 1 [7]; 2015 (124), cl 5; 2016 (246), cl 4; 2017 (493), Sch 1.2 [1] [2]; 2018 (205), cl 4; 2018 (531), Sch 1 [5] [6]; 2021 (89), Sch [9]–[20]; 2022 (78), cl 4; 2022 (829), Sch 1.3[7]; 2022 (842), Sch 1[8] [9]; 2023 (134), Sch 1[4]; 2023 (306), Sch 1[4]; 2023 (433), Sch 1[3]–[31]; 2025 (478), Sch 1[2]. |
Sch 2 | Am 2019 (621), Sch 2.7; 2021 (89), Sch 1[21] [22]. |
Sch 5 | Am 2018 (177), cl 5; 2018 (531), Sch 1 [7]; 2021 (89), Sch 1[23]–[27]; 2022 (512), Sch 1[9]–[14]; 2023 (306), Sch 1[5]; 2024 (300), Sch 1; 2024 (595), Sch 1[7]. |
Dictionary | Am 2018 (157), Sch 1 [3]; 2018 (531), Sch 1 [8]; 2021 (89), Sch 1[28]; 2021 (225), Sch 1; 2021 (644), Sch 1[12]; 2022 (512), Sch 1[15]; 2022 (842), Sch 1[10]; 2023 (433), Sch 1[32]; 2023 (554), Sch 2.6[4]; 2023 (698), Sch 1.4[5]; 2024 (595), Sch 1[8]. |
Maps | Am 2014 (298), cl 4; 2014 (819), cl 4; 2015 (124), cl 4; 2015 (784), cl 4; 2016 (478), cl 4; 2016 (521), cl 4; 2016 (729), cl 4; 2018 (157), cl 4, 2018 (177), cl 4; 2018 (288), cl 4; 2018 (531), cl 4; 2020 (230), cl 4; 2020 (245), cl 4; 2021 (89), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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