Fairfield Local Environmental Plan 1994 (NSW)
This plan is called the Fairfield Local Environmental Plan 1994.
The aims and objectives of this plan are—
(a) to repeal all the existing local planning controls, and to replace these controls with a single local environmental plan,
(b) to give the Council of the City of Fairfield greater responsibility for environmental planning by including broad controls in this plan and more detailed controls in the development control plans prepared by the Council,
(c) to conserve, improve or safeguard the existing environmental qualities of the City of Fairfield,
(d) to provide sufficient land for a range of land uses to accommodate—
(i) differing lifestyles, incomes and cultures,
(ii) economic and employment opportunities for the benefit of business and residents,
(iii) a wide range of affordable quality housing, and
(iv) public services and facilities that are well located and responsive to the needs of the community,
(e) to require the provision of services and facilities when development occurs pursuant to a development consent,
(f) to restrict development on land adversely affected by natural or manmade hazards, and
(g) to conserve the environmental heritage of the City of Fairfield.
This plan applies to all land within the City of Fairfield.
However, this plan does not apply to the following land—
• Land to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies.
• Land to which State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22) applies.
• Land to which State Environmental Planning Policy (Western Sydney Employment Area) 2009 applies.
The following environmental planning instruments do not apply to land in the City of Fairfield—
• State Environmental Planning Policies (SEPPs)— • No 9—Group Houses
• No 12—Public Housing (Dwelling Houses)
• No 16—Tertiary Institutions
• No 22—Shops and Commercial Premises
• No 25—Residential Allotment Sizes and Dual Occupancy Subdivision
• No 28—Town-houses and Villa Homes
• Sydney Regional Environmental Plans (SREPs)— • No 12—Dual Occupancy
• No 18—Public Transport Corridor
This plan repeals all deemed environmental planning instruments and local environmental plans that, immediately before this plan came into force, applied to the land to which this plan applies to the extent that they apply to the City of Fairfield.
Environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and deemed environmental planning instruments) as in force immediately before the commencement of this plan continue to apply to a development application if—
(a) the application was made but had not been finally determined before that commencement, and
(b) the development that is the subject of the application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.
Some terms used in this plan have a particular meaning, which is set out in the Dictionary at the end of this plan. Notes in this plan are provided for guidance and do not form part of this plan.
In this plan—
(a) a reference to a map is a reference to a map deposited in the office of the Council, and
(b) a reference to a building or a place used for a purpose includes a reference to a building or place intended to be used for the purpose.
The Council is the consent authority for the purposes of this plan.
Development of minimal environmental impact listed as exempt development in Fairfield Development Control Plan 29—Guidelines for exempt and complying development (as adopted by the Council on 24 August 1999 and amended on 24 June 2003) is
Development listed as complying development in Fairfield Development Control Plan 29—Guidelines for exempt and complying development (as adopted by the Council on 24 August 1999 and amended on 24 June 2003) is
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Fairfield Development Control Plan 29—Guidelines for exempt and complying development (as adopted by the Council on 24 August 1999 and amended on 24 June 2003).
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Fairfield Development Control Plan 29—Guidelines for exempt and complying development adopted by the Council (as in force when the certificate is issued).
The following zones apply as identified on the accompanying map—
• Zone 1 (a) Non Urban—Residential,
• Zone 1 (b) Non Urban—Extractive Industry,
• Zone 1 (v) Non Urban—Village,
• Zone 2 (a) Residential A,
• Zone 2 (a1) Residential A1,
• Zone 2 (b) Residential B,
• Zone 3 (a) Sub-Regional Business Centre,
• Zone 3 (b) District Business Centre,
• Zone 3 (c) Local Business Centre,
• Zone 4 (a) General Industrial,
• Zone 4 (b) Light Industrial,
• Zone 4 (c) Special Industrial,
• Zone 5 (a) Special Uses,
• Zone 5 (b) Special Uses—Arterial Road and Arterial Road Widening,
• Zone 5 (c) Special Uses—Sub Arterial Road and Sub Arterial Road Widening,
• Zone 6 (a) Existing and Proposed Recreation,
• Zone 6 (b) Private Recreation,
• Zone 6 (c) Recreation—Corridor,
• Zone 6 (d) Recreation—Tourism.
Subject to the other parts of this plan, the following development control table states for each zone—
(a) the objectives of the zone,
(b) the purposes for which development may be carried out without development consent,
(c) the purposes for which development may be carried out only with development consent, and
(d) the purposes for which development is prohibited.
The Council must not grant consent to development on land within a zone unless it is of the opinion that the carrying out of the development would be consistent with one or more of the objectives of that zone.
The objectives of the zone are—
(a) to allow rural-residential development,
(b) to achieve attractive high quality development which is sympathetic to the rural environment and minimises risks from natural and man-made hazards,
(c) to ensure that development does not unreasonably increase demand for public facilities and services,
(d) to allow people to carry out a reasonable range of agricultural activities which are compatible with the living environment of neighbours, and
(e) to limit activities that have a detrimental effect on the environment, particularly on noise levels and on the quality of soil, air and water.
Nil.
Any purpose other than a purpose included in item 2 or 4.
Abattoirs, advertisements, amusement centres, amusement parks, brothels, bulky goods, salesrooms or showrooms, business premises, camping grounds and caravan parks, carparks other than those provided by the Council, clubs, communication facilities, entertainment facilities, extractive industry, gaming taverns, generating works, hazardous industry, hazardous storage establishments, heliports, hospitals, hostels, hotels, industry, institutions, intensive agriculture, junkyards, light industry, medical centres, mines, motels, motor showrooms, multi-unit housing, offensive industry, offensive storage establishments, plant hire, refreshment rooms, residential flat buildings, sawmills, service stations, serviced apartments, shops, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, vehicle repair stations, warehouses.
The objectives of the zone are—
(a) to identify land containing extractive material of regional significance, and
(b) to allow the economic development of extractive materials subject to environmental controls.
Nil.
Any purpose other than a purpose included in item 4.
Abattoirs, advertisements, aged and disabled persons’ housing, amusement centres, amusement parks, brothels, bulky goods salesrooms or showrooms, business premises, camping grounds and caravan parks, carparks, clubs, communication facilities, community facilities, dwelling houses except caretakers’ dwelling houses, education establishments, entertainment facilities, gaming taverns, generating works, group homes, hazardous industry, hazardous storage establishments, health consulting rooms, heliports, home businesses, hospitals, hostels, hotels, industry, institutions, intensive agriculture, junkyards, light industry, medical centres, mines, motels, motor showrooms, multi-unit housing, offensive industry, offensive storage establishments, places of worship, plant hire, recreation facilities, refreshment rooms, residential flat buildings, roadside stalls, sawmills, service stations, serviced apartments, shops, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, vehicle repair stations, warehouses.
The objectives of the zone are—
(a) to promote development in the Horsley Park Village in a manner which is compatible with the rural character of the locality, and
(b) to encourage and co-ordinate an orderly and economic development of the Horsley Park Village.
Nil.
Any purpose other than a purpose included in item 4.
Abattoirs, agriculture, amusement centres, amusement parks, brothels, camping grounds and caravan parks, extractive industry, forestry, gaming taverns, generating works, hazardous industry, hazardous storage establishments, heliports, hospitals, hostels, industry, institutions, intensive agriculture, junkyards, mines, motels, motor showrooms, multi-unit housing, offensive industry, offensive storage establishments, plant hire, residential flat buildings, roadside stalls, sawmills, serviced apartments, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, warehouses.
The objectives of the zone are—
(a) to set aside land primarily for the purposes of housing and associated facilities,
(b) to provide for the orderly development of detached housing, essentially domestic in scale and character,
(c) to achieve attractive high quality residential development,
(d) to allow people to carry out a reasonable range of business activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and
(e) to allow a range of non-residential uses that—
(i) are capable of integration with the immediate locality,
(ii) serve the demands of the surrounding population, and
(iii) do not place demands on services beyond the level reasonably required for residential use.
Nil.
Any purpose other than a purpose included in item 2 or 4.
Abattoirs, advertisements, agriculture, amusement centres, amusement parks, animal establishments, brothels, bulky goods salesrooms or showrooms, business premises, camping grounds and caravan parks, carparks other than those provided by the Council, communication facilities, entertainment facilities, extractive industry, forestry, gaming taverns, generating works, hazardous industry, hazardous storage establishments, helicopter landing sites, heliports, hotels, industry, institutions, intensive agriculture, junkyards, light industry, medical centres, mines, motels, motor showrooms, multi-unit housing, offensive industry, offensive storage establishments, plant hire, plant nurseries, recreation facilities, refreshment rooms, residential flat buildings, roadside stalls, rural industry, sawmills, service stations, serviced apartments, shops, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, vehicle repair stations, veterinary hospitals, warehouses.
The objectives of the zone are—
(a) to set aside land primarily for the purposes of multi-unit housing and associated facilities,
(b) to provide for the orderly development of a wide range of multi-unit housing types, essentially domestic in scale and character, which will cater for differing lifestyles and income levels,
(c) to achieve attractive high quality residential development,
(d) to allow people to carry out a reasonable range of business activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours,
(e) to allow a range of non-residential uses that—
(i) are capable of integration with the immediate locality,
(ii) serve the demands of the surrounding population, and
(iii) do not place demands on services beyond the level reasonably required for residential use, and
(f) to reinforce the economic viability, vitality and security of commercial centres.
Nil.
Any purpose other than a purpose included in item 2 or 4.
Abattoirs, advertisements, agriculture, amusement centres, amusement parks, animal establishments, brothels, bulky goods salesrooms or showrooms, business premises, camping grounds and caravan parks, carparks other than those provided by the Council, communication facilities, entertainment facilities, extractive industry, forestry, gaming taverns, generating works, hazardous industry, hazardous storage establishments, helicopter landing sites, heliports, hotels, industry, institutions, intensive agriculture, junkyards, light industry, medical centres, mines, motels, motor showrooms, offensive industry, offensive storage establishments, plant hire, plant nurseries, recreation facilities, refreshment rooms, residential flat buildings, roadside stalls, rural industry, sawmills, service stations, serviced apartments, shops, stock and sale yards, transport depots, transport terminals, vehicle body repair workshops, vehicle repair stations, veterinary hospitals, warehouses.
The objectives of the zone are—
(a) to set aside land primarily for the purposes of housing and associated facilities,
(b) to provide for the orderly development of a wide range of housing types to cater for differing lifestyles and income levels,
(c) to achieve attractive high quality residential development and allow sensitive infill development such as multi-unit housing,
(d) to allow people to carry out a reasonable range of business activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and
(e) to allow a range of non-residential uses that—
(i) are capable of integration with the immediate locality,
(ii) serve the demands of the surrounding population, and
(iii) do not place demands on services beyond the level reasonably required for residential use, and
(f) to allow for higher density residential flat development around business centres and railway stations.
Nil.
Any purpose other than a purpose included in item 2 or 4.
Abattoirs, advertisements, agriculture, amusement centres, amusement parks, animal establishments, brothels, bulky goods salesrooms or showrooms, business premises, camping grounds and caravan parks, carparks other than those provided by the Council, communication facilities, entertainment facilities, extractive industry, forestry, gaming taverns, generating works, hazardous industry, hazardous storage establishments, helicopter landing sites, heliports, hotels, industry, institutions, intensive agriculture, junkyards, light industry, medical centres, mines, motels, motor showrooms, offensive industry, offensive storage establishments, plant hire, plant nurseries, recreation facilities, refreshment rooms, roadside stalls, rural industry, sawmills, service stations, shops, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, vehicle repair stations, veterinary hospitals, warehouses.
The objectives of the zone are—
(a) to provide for and encourage the development of business activities which will contribute to economic and employment growth within the City of Fairfield,
(b) to encourage comprehensive development and growth which will reinforce the role of the Fairfield Town Centre as a sub-regional centre and the dominant business centre in the City of Fairfield, and
(c) to provide for residential development to support business activity in the centre.
Nil.
Any purpose other than a purpose included in item 4.
Abattoirs, amusement parks, animal establishments, brothels, camping grounds and caravan parks, extractive industry, forestry, generating works, hazardous industry, hazardous storage establishments, industry, institutions, intensive agriculture, junkyards, mines, offensive industry, offensive storage establishments, plant hire, roadside stalls, rural industry, sawmills, stock and sales yards, transport depots, vehicle body repair workshops, warehouses.
The objectives of the zone are—
(a) to provide for and encourage the provision of a wide range of goods and services which will contribute to economic and employment growth within the City of Fairfield,
(b) to encourage the development of Cabramatta Town Centre as a specialist cultural, retail, tourist and entertainment centre, and
(c) to encourage the District Centres located in Prairiewood and Bonnyrigg to provide residents with major food, clothing and small item shopping opportunities.
Nil.
Any purpose other than a purpose included in item 4.
Abattoirs, amusement parks, animal establishments, brothels, camping grounds and caravan parks, extractive industry, forestry, generating works, hazardous industry, hazardous storage establishments, industry, institutions, intensive agriculture, junkyards, mines, motor showrooms, offensive industry, offensive storage establishments, plant hire, roadside stalls, rural industry, sawmills, stock and sales yards, transport depots, vehicle body repair workshops, warehouses.
The objectives of the zone are—
(a) to provide for the establishment in a business centre of retail, commercial, professional and community service activities to serve local residents, and
(b) to provide for residential development to support business activity in the centre.
Nil.
Any purpose other than a purpose included in item 4.
Abattoirs, amusement parks, animal establishments, brothels, camping grounds and caravan parks, communication facilities, entertainment facilities, extractive industry, forestry, gaming taverns, generating works, hazardous industry, hazardous storage establishments, helicopter landing sites, heliports, industry, institutions, intensive agriculture, junkyards, mines, motels, motor showrooms, offensive industry, offensive storage establishments, plant hire, roadside stalls, rural industry, sawmills, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, warehouses.
The objectives of the zone are—
(a) to encourage the establishment of a broad range of industrial and allied uses which will generate employment and contribute to the economic development of the City of Fairfield,
(b) to allow community uses to serve the needs of the local industrial work force, and
(c) to allow retail development only—
(i) where associated with, and ancillary to, industrial purposes on the same land,
(ii) where it primarily serves the daily convenience needs of the local industrial work force, or
(iii) for motor orientated activities (that is, the use of a building or place associated with, and ancillary to, industrial purposes on the same land for the sale by retail of motor vehicle components or goods but not the use of a building or place elsewhere defined in this plan),
and only if the proposed development will not detrimentally affect the viability of any nearby business centre.
Nil.
Any purpose other than a purpose included in item 4.
Aged and disabled persons’ housing, amusement parks, brothels, bulky goods salesrooms or showrooms, business premises, camping grounds and caravan parks, dwelling houses (except caretakers’ dwelling house), forestry, gaming taverns, group homes, hazardous industry, hazardous storage establishments, health consulting rooms, home businesses, hospitals, hostels, hotels, institutions, intensive agriculture, medical centres, mines, motels, multi-unit housing, offensive industry, offensive storage establishments, residential flat buildings, roadside stalls, serviced apartments, shops (except take-away food shops) stock and sales yards.
The objectives of the zone are—
(a) to encourage the establishment of a broad range of light industrial and warehouse activities compatible with neighbouring residential areas to generate employment and contribute to the economic development of the City of Fairfield,
(b) the allow community uses to serve the needs of the local industrial work force, and
(c) to allow retail development only—
(i) where associated with, and ancillary to, industrial purposes on the same land,
(ii) where it primarily serves the daily convenience needs of the local industrial work force, or
(iii) for motor orientated activities (that is, the use of a building or place associated with, and ancillary to, industrial purposes on the same land for the sale by retail of motor vehicle components or goods but not the use of a building or place elsewhere defined in this plan),
and only if the proposed development will not detrimentally affect the viability of any nearby business centre.
Nil.
Any purpose other than a purpose included in item 4.
Abattoirs, aged and disabled persons’ housing, amusement parks, animal establishments, brothels, bulky goods salesrooms or showrooms, business premises, camping grounds and caravan parks, dwelling houses (except caretakers’ dwelling houses), extractive industry, forestry, gaming taverns, generating works, group homes, hazardous industry, hazardous storage establishments, health consulting rooms, helicopter landing sites, heliports, home businesses, hospitals, hostels, hotels, industry, institutions, intensive agriculture, junkyards, medical centres, mines, motels, multi-unit housing, offensive industry, offensive storage establishments, residential flat buildings, roadside stalls, sawmills, serviced apartments, shops (except take-away food shops), stock and sales yards, transport depots, transport terminals.
The objectives of the zone are—
(a) to encourage the establishment of a broad range of light industrial and warehouse activities and a limited range of business and retail activities compatible with nearby residential areas to generate employment and contribute to the economic development of the City of Fairfield,
(b) to allow community uses to serve the needs of the nearby industrial work force, and
(c) to allow retail development only—
(i) where associated with, and ancillary to, light industrial purposes on the same land,
(ii) for the display and sale of bulky goods,
(iii) where it primarily serves the daily convenience needs of the local industrial work force, or
(iv) for motor orientated activities (that is, the use of a building or place associated with the sale by retail of motor vehicle components or goods, where that building or place has a work bay or area for the fitting of motor vehicle components or goods or a large area for the handling, storage or display of motor vehicle components or goods but not the use of a building or place elsewhere defined in this plan),
and only if the proposed development will not detrimentally affect the viability of any nearby business centre.
Nil.
Any purpose other than a purpose included in item 4.
Abattoirs, aged and disabled persons’ housing, amusement parks, animal establishments, brothels, business premises, camping grounds and caravan parks, dwelling houses (except caretakers’ dwelling houses), entertainment facilities, extractive industry, forestry, gaming taverns, generating works, group homes, hazardous industry, hazardous storage establishments, health consulting rooms, helicopter landing sites, heliports, home businesses, hospitals, hostels, hotels, industry, institutions, intensive agriculture, junkyards, medical centres, mines, multi-unit housing, offensive industry, offensive storage establishments, residential flat buildings, roadside stalls, sawmills, serviced apartments, shops (except take-away food shops), stock and sales yards, transport depots.
The objective of the zone is to make provision for community and public authority uses and for any purposes ordinarily incidental or subsidiary to those uses.
Nil.
The particular land use indicated on the map, land uses ordinarily incidental or subsidiary to that indicated, and aged and disabled persons’ housing, carparks, centre-based child care facilities, drainage, open space, respite day care centres, roads or utility installations.
Any purpose other than a purpose included in item 3.
The objective of the zone is to identify existing arterial roads and land required for proposed arterial roads and for the widening of existing arterial roads.
Drainage, roads and associated works.
Carparks, open space, utility installations.
Any purpose other than a purpose included in item 2 or 3.
The objective of the zone is to identify existing sub arterial roads and land required for proposed sub arterial roads and for the widening of existing sub arterial roads.
Drainage, roads and associated works.
Carparks, open space, utility installations.
Any purpose other than a purpose included in item 2 or 3.
The objectives of the zone are—
(a) to provide public open space to meet the existing and future recreation and leisure needs of residents,
(b) to provide opportunities to enhance the environmental quality of the City of Fairfield, and
(c) to identify land that is required for future open space purposes.
Open space, roads, works for the purposes of landscaping, gardening or bushfire hazard reduction.
Agriculture, carparks, centre-based child care facilities, clubs, communication facilities, community facilities, drainage, entertainment facilities, helicopter landing sites, recreation facilities, respite day care centres, utility installations.
Any purpose other than a purpose included in item 2 or 3.
The objective of the zone is to identify land suitable for private recreation and leisure facilities.
Works for the purposes of landscaping, gardening or bushfire hazard reduction.
Carparks, centre-based child care facilities, clubs, communication facilities, community facilities, drainage, entertainment facilities, helicopter landing sites, motels, open space, recreation facilities, respite day care centres, roads or utility installations.
Any purpose other than a purpose included in item 2 or 3.
The objectives of the zone are—
(a) to identify land required for regional recreation, open space and leisure purposes,
(b) to provide opportunities for the development of a wide range of recreation and other facilities that do not conflict with the existing or likely future use of the land for regional recreation or public utility purposes,
(c) to provide a visual and physical break between existing and future areas of urban development,
(d) to provide for the maintenance, enhancement and rehabilitation of natural systems for environmental protection, and
(e) to permit a range of uses by public utilities and other government agencies which are compatible with the locality’s open space and recreation objectives.
Works for the purposes of landscaping, gardening or bushfire hazard reduction.
Any purpose other than any purpose included in item 2 or 4.
Abattoirs, advertisements, aged and disabled persons’ housing, amusement centres, brothels, bulky goods salesrooms or showrooms, business premises, clubs, dwelling houses, extractive industry, gaming taverns, generating works, group homes, hazardous industry, hazardous storage establishments, health consulting rooms, heliports, home businesses, hospitals, hostels, hotels, industry, institutions, intensive agriculture, junkyards, light industry, medical centres, mines, motor showrooms, multi-unit housing, offensive industry, offensive storage establishments, places of worship, plant hire, residential flat buildings, rural industry, sawmills, service stations, serviced apartments, shops, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, vehicle repair stations, veterinary hospitals, warehouses.
The objectives of the zone are—
(a) to identify land, whether in public or private ownership, which is or may be used for active or passive recreation, residential or tourism purposes, and
(b) to encourage development of entertainment and tourism facilities which are sympathetic to the environment and minimise risks from natural hazards.
Works for the purposes of landscaping, gardening or bushfire hazard reduction.
Any purpose other than a purpose included in item 2 or 4.
Abattoirs, advertisements, aged and disabled persons’ housing, amusement centres, animal establishments, brothels, bulky goods salesrooms or showrooms, business premises, camping grounds or caravan parks, cemeteries, education establishments, forestry, gaming taverns, generating works, hazardous industry, hazardous storage establishments, health consulting rooms, heliports, hospitals, industry, institutions, intensive agriculture, junkyards, light industry, medical centres, mines, motor showrooms, multi-unit housing, offensive industry, offensive storage establishments, plant hire, residential flat buildings, roadside stalls, sawmills, service stations, serviced apartments, shops, stock and sales yards, transport depots, transport terminals, vehicle body repair workshops, vehicle repair stations, veterinary hospitals, warehouses.
Subject to this plan, if any agreement, covenant or other similar instrument prohibits development allowed by this plan, then it shall not apply to that development, to the extent necessary to allow that development.
Nothing in subclause (1) shall affect the rights or interests of any public authority under any registered instrument.
In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclauses (1) and (2) before this plan was made.
The Council may make, amend or revoke a tree preservation order.
A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the local government area of the City of Fairfield or any divisions of the area.
If a tree preservation order is in force in relation to any land to which this plan applies, a person must not, except with the consent of the Council, ringbark, cut down, top, lop, remove, wilfully injure or destroy a tree on that land, unless it can be demonstrated to the satisfaction of the Council that the tree is dying or dead or has become dangerous.
The Council must not grant consent for any action referred to in subclause (3) unless it has made an assessment of the importance of the tree or trees in relation to—
(a) soil stability and prevention of land degradation,
(b) scenic or environmental amenity, and
(c) vegetation systems and natural wildlife habitats.
A tree preservation order, and any amendment or revocation of a tree preservation order, does not take effect until published in a newspaper circulating in the City of Fairfield.
The Council must not consent to the erection of a building or the carrying out of a work on flood-liable land unless the provisions of the Council’s Flood Management Policy that relate to the proposed development have been taken into consideration. Copies of the Flood Management Policy are available for inspection at the Council’s Office.
The Council may refuse consent to an application to carry out any development which in its opinion will—
(a) adversely affect flood behaviour, including the flood peak at any point upstream or downstream of the proposed development and the flow of floodwater on adjoining lands,
(b) increase the flood hazard or flood damage to property,
(c) cause erosion, siltation or destruction of riverbank vegetation in the locality,
(d) affect the water table on any adjoining land,
(e) affect riverbank stability,
(f) affect the safety of the proposed development in time of flood,
(g) restrict the capacity of the floodway,
(h) require the Council, the State Emergency Service or any other Government agency to increase its provision of emergency equipment, personnel, welfare facilities or other resources associated with an evacuation resulting from flooding, or
(i) increase the risk to life and personal safety of emergency services and rescue personnel.
(Repealed)
A person must not erect any structure within 20 metres of the top of the bank or mean high water mark of any creek or waterway within the City of Fairfield except with the consent of the Council.
The Council must not grant a consent referred to in sub clause (1) unless it has made an assessment of the effect which the carrying out of the proposed development will have on ecological systems, the stability of banks, water quality and the needs of existing and potential users of water from those creeks and waterways.
A person must not carry out development on any land to which this plan applies—
(a) below high water mark, or
(b) forming part of the bed or banks or within 20 metres of the top of the bank of a river, creek, lake, bay, lagoon or other natural watercourse, or
(c) which has been reclaimed,
without the consent of the Council.
Land within the City of Fairfield must not be cleared or filled for any purpose except with the consent of the Council.
The Council must not grant consent to the filling of land unless it is satisfied that—
(a) the landfill is required for the reasonable economic use of the land or in connection with drainage works or the provision of utility services,
(b) appropriate measures are proposed to ensure that there will be no adverse impact on waterways or private or public properties,
(c) the landfill will not adversely affect flow characteristics, flood behaviour or water quality or promote erosion,
(d) the landfill will contain no putrescible waste or hazardous material, and
(e) in the case of proposals to fill swamps or wetlands, the ecological and nutrient trapping values of the site have been assessed.
A person must not place fill in a floodway in Zone 6 (d) (the Recreation Tourism zone) in Lansvale.
In applying subclause (2) (a) to land in Zone 1 (a),
(a) to fill a dam on the land,
(b) to reinstate the land to the condition or state it was in immediately before the carrying out of development on the land that altered the state or condition of the land,
(c) to fill the area surrounding the footprint of a lawful building on the land, out to a maximum distance of 1 metre from the footprint, to a maximum depth of 300 millimetres.
An application for consent to carry out development of land shown hatched on the map must not be granted unless the Council has considered a geophysical report prepared by a geotechnical engineer who is a member or is eligible to be a member of the Institution of Engineers of Australia indicating—
(a) whether the land is sufficiently stable and suitable for development, and
(b) the appropriate measures required to reduce the risk of slope failure to an acceptable standard.
The Council must not grant consent to development of land to which this plan applies unless arrangements satisfactory to the Council have been made for the provision of water, sewerage, drainage and electricity services to the land.
The Council may consent to development of land used as an education establishment for any community purpose, such as a meeting room, public hall, public library or recreation facility, whether or not operated for gain.
Development for the purposes of extractive industries and associated activities may be carried out—
(a) on land within Zone 1 (b) Non Urban—Extractive Industry,
(b) on Lot 3, DP 235478; Lot 1, DP 206617; Lot E, DP 384514; and Lot 4, DP 235478, Wallgrove Road, Horsley Park, and
(c) on Lot 2, DP 120673, Old Wallgrove Road, Horsley Park,
but only with the consent of the Council.
The Council must not grant a consent referred to in subclause (1) unless it is satisfied that the carrying out of the development will not—
(a) require the Council to provide services or roads, unless the cost of providing those services or roads is fully recoverable from the person carrying out the development,
(b) have an adverse impact on flood behaviour,
(c) involve the filling of land with fill containing putrescible waste or hazardous material, or
(d) have an adverse impact on the water quality or ecological systems of Eastern Creek, Ropes Creek or Reedy Creek.
On completion of the extraction, the land must be rehabilitated in accordance with the requirements of the Council.
Nothing in this plan prevents the Council from consenting to development, limited to the type referred to in Fairfield Development Control Plan No 32—Development Standards Relating to Public Roads, adopted by the Council on 23 November 1999, which is either under or above a public road and ancillary or incidental to another approved development.
In this clause—
(a) the extraction of sand or other material,
(b) the stockpiling of that sand or material,
(c) the filling and rehabilitation of the land after extraction, and
(d) any other development that is ancillary or incidental to the development referred to in paragraph (a), (b) or (c).
Nothing in this plan prevents a person with the consent of the Authority from carrying out development for the purposes of an extractive industry on the land.
The Authority must not grant a consent referred to in subclause (2) unless the Authority is satisfied that the carrying out of the development will not—
(a) require the Council to provide services or roads, unless the cost of providing those services or roads is fully recoverable from the person carrying out the development,
(b) have an adverse impact on flood behaviour,
(c) involve the filling of land with fill containing putrescible waste or hazardous material, or
(d) have an adverse impact on the water quality or ecological systems of Prospect Creek, the Georges River or the Chipping Norton Lake Scheme.
The Authority must not grant a consent referred to in subclause (1) for the extraction of sand or other material unless the Authority is satisfied that the land the subject of the application will be rehabilitated in accordance with the requirements of the NSW Public Works.
(Repealed)
No other provision of this plan requires the development consent of the Council for, or otherwise prohibits or restricts the carrying out of, development which may be carried out with the consent of the Authority under this clause.
Despite the other provisions of this plan, the Council may grant consent to the carrying out of development for the purposes of advertising on any land to which this plan applies if it is satisfied that—
(a) the proposed development will be carried out for the specific purpose of directing the travelling public to buildings or places of tourist interest,
(b) any advertisement resulting from the carrying out of the development will relate to a specific building or place, and
(c) the dimensions and overall size of any such advertisement will not be larger than would reasonably be required so to direct the travelling public.
A person may carry out development for the following purposes on any land to which this plan applies without the consent of the Council—
(a) an internal shop window display,
(b) any advertisement which is not visible from a public place,
(c) a commercial sign,
(d) a temporary advertisement, being one which is displayed on the land to which the advertisement relates for a period not exceeding 2 months in total in any one year,
(e) a public notice in a public place, or
(f) a road safety or advisory sign.
Despite the other provisions of this plan, the Council may grant consent to the carrying out of development for the purpose of a pedestrian bridge, incorporating an advertisement, over an arterial road if it is satisfied that the bridge could not be provided within a reasonable time except by private sector funding.
Nothing in this plan restricts, prohibits or requires development consent for—
(a) the use of existing buildings of the Crown by the Crown,
(b) the use of a dwelling as a home base care home,
(c) a home business, not involving the preparation or handling of food, being carried out in one room of a dwelling by one person, or
(d) any activity listed in Schedule 1.
Despite the other provisions of this plan, development for the purpose of a bus shelter or seat erected by or on behalf of the Council on public land may be carried out without development consent if—
(a) the development does not exceed an area of 12m
2 and a height of 3.0 metres above the footpath level, and(b) any advertising panel does not exceed an area of 3m
2 .
Despite the other provisions of this plan, development (other than designated development) for the purpose of any temporary use for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year, on Council owned or managed land does not require development consent.
Where it is intended to carry out development on a site that is divided by a zone boundary and the proposed development is prohibited within one of the zones, the Council may grant consent to the development if the development does not extend more than 20 metres into the zone where the development is prohibited.
This clause does not apply in respect of a site that is wholly or partly within any of the following zones—
(a) Zone 5 (a) (Special Uses),
(b) Zone 5 (b) (Special Uses—Arterial Road and Arterial Road Widening),
(c) Zone 5 (c) (Special Uses—Sub Arterial Road and Sub Arterial Road Widening),
(d) Zone 6 (a) (Existing and Proposed Recreation),
(e) Zone 6 (c) (Recreation—Corridor).
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 for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Development consent must not be granted for development that contravenes a development standard unless—
(a) the consent authority is satisfied that—
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Planning Secretary has been obtained.
In deciding whether to grant concurrence, the Planning Secretary must consider—
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.
Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a) Non Urban—Residential, Zone 1 (b) Non Urban—Extractive Industry or Zone 1 (v) Non Urban—Village 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.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow 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.
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.
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—
A person must not subdivide land to which this plan applies except with the consent of the Council.
The Council may consent to a subdivision in which the boundaries of the proposed allotments do not correspond with a zone boundary only if the Council considers that the departure from correspondence is minor and that the total area of land available for use or identified for use as public open space will not be reduced.
The Council may consent to the subdivision of land within Zone 1 (a) only if each allotment to be created will have an area of not less than one hectare.
The Council may consent to the subdivision of land within Zone 6 (c) or Zone 6 (d) only if each allotment to be created will have an area of not less than 20 hectares or 10 hectares respectively.
Notwithstanding subclauses (3) and (4), land may be subdivided into allotments smaller than the sizes specified in those subclauses if the subdivision is for the purpose of—
(a) making minor adjustments to common property boundaries, or
(b) rectifying any encroachment upon an existing allotment.
Despite the other provisions of this plan, a person may, with the consent of the Council, on land within Zone 1 (a) or 6 (d)—
(a) alter or add to a dwelling house erected on an allotment so as to create 2 dwellings, or
(b) erect 2 attached dwellings on an allotment, or
(c) erect 2 detached dwellings on an allotment.
The Council must not grant a consent referred to in subclause (1) unless it is satisfied that—
(a) the area of the allotment to be developed is not less than 2 hectares, and
(b) not more than 2 dwellings will be situated on the allotment after the development has been carried out.
The Council may consent to the subdivision of land within Zone 2 (a) only if each allotment to be created will have an area of not less than 450 square metres.
Despite subclause (1), the Council must not grant consent to the subdivision of land in northwest and southwest Abbotsbury, as shown edged heavy black on Sheets 1 and 2 of the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 88)” unless each allotment to be created will have an area of not less than 2,000 square metres. The area of an access handle serving an internal allotment is not to be taken into account for the purposes of this subclause.
The area of an access handle serving an internal allotment is not to be taken into account for the purpose of subclause (1).
Despite the other provisions of this plan, the Council may consent to development for the purpose of multi-unit housing on land within Zone 2 (a) if the development application was lodged with the Council before 31 May 1995.
Despite the other provisions of this plan, the Council may consent to development for the purpose of multi-unit housing on land within Zone 2 (a) identified in Schedule 5 if—
(a) the development application has been lodged not later than 30 days after the date this clause comes into effect, and
(b) no other application relating to that land has been granted pursuant to the provisions of this clause.
The erection of a dwelling on any parcel of land within the area shown edged heavy black on the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 60)” is prohibited, unless that parcel—
(a) has an area of not less than 450 square metres, or
(b) comprises an existing parcel.
In subclause (1)—
In subclause (2)—
This clause applies to land shown edged heavy black on the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 70)”.
Despite clause 22D, the Council may consent to the erection of a dwelling on a lot if—
(a) the lot has an area of at least 230 square metres, and
(b) the lot forms part of a parcel of land comprising not more than 3 adjacent or adjoining lots held in the same ownership, and
(c) that parcel of land is isolated.
For the purposes of subclause (2) (c), a parcel of land is
(a) in the case of parcel of land that is not on a corner—on either side of the land there is a dwelling that is on a separate lot with an area of less than 450 square metres, or
(b) in the case of a parcel of land that is on a corner lot—on each lot at the side and at the rear of the land there is a dwelling that is on a separate lot with an area of less than 450 square metres.
Despite clauses 22D, 22DA and 22F, the Council may consent to development for the purpose of a dwelling house on land which has an area of not less than 230 square metres within Zone 2 (a) if the development application was lodged with the Council before 28 March 2000.
This clause applies only to the land shown edged heavy black on the maps marked as follows—
(a) “Fairfield Local Environmental Plan 1994 (Amendment No 60)”,
(b) “Fairfield Local Environmental Plan 1994 (Amendment No 70)”.
Despite the other provisions of this plan, the Council may consent to the erection of a dwelling house on any parcel of land which has an area of not less than 230 square metres within Zone 2 (a) and is identified in Schedule 6 if—
(a) the development application is lodged not later than 17 November 2000, and
(b) consent has not been granted under this clause to any other application relating to that land.
This clause applies to land within Zone 2 (a).
Despite the other provisions of this plan, the Council may consent to development for the purpose of a granny flat on any allotment of land, but only if—
(a) it is not proposed that the granny flat have a separate title from the dwelling to which it is subordinate (the
principal dwelling ), and(b) in the case of the erection of a new granny flat together with a new principal dwelling—the granny flat is proposed to be located under the same roof as the main part of the principal dwelling.
The Council must not grant consent under this clause that could result in there being more than one granny flat on an allotment of land.
Despite the other provisions of this plan, the following requirements apply to development for the purpose of a granny flat—
(a) the area of an allotment of land on which a granny flat is erected is to be at least 500 square metres (excluding the area of the access handle in the case of battleaxe allotments),
(b) the total area of any impervious areas on the allotment on which a granny flat is erected, including the granny flat, is not to exceed 60% of the total area of the allotment,
(c) the gross floor area of the granny flat is not to exceed 50 square metres,
(d) the height of a detached granny flat is not to exceed 3.6 metres, as measured from natural ground level to the topmost point of the roof of the granny flat.
In this clause—
Subclause (2) (b) does not apply to a development application that was made, but not finally determined, before the commencement of Fairfield Local Environmental Plan 1994 (Amendment No 98).
A person shall not construct a dam on land within Zone 1 (a), 1 (b) or 1 (v) without the consent of the Council.
(Repealed)
A roadside stall must not be erected on land within 100 metres of an arterial road.
A dwelling on land within Zone 2 (a) may be used as an exhibition home with the consent of the Council.
Despite the other provisions of this plan, the Council may grant consent to the carrying out of development for the purposes of a brothel on land shown edged heavy black on the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 15)” or on the following land—
• Lot 6, DP 847128
14 Sleigh Place, Wetherill Park,
as shown by distinctive colouring on the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 26)”.
This clause applies to land known as 563–567 Cabramatta Road, Cabramatta West being lots 1 and 2 DP 519044 and lot 15 DP 657667 as shown edged heavy black on the map marked “Fairfield Local Environmental Plan 1994 (Amendment 48)”.
Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on lot 15 DP 657667 for the purpose of a delicatessen in a building with a maximum gross leasable floor area of 750 square metres and a maximum height of one storey for non-residential use.
Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on lot 1 DP 519044 for the purpose of a car park with up to a maximum of 19 car spaces or from using lot 2 DP 519044 for the purpose of vehicular access and manoeuvring to the car park on lot 1.
This clause applies to land known as 161 Hume Highway, Lansvale within the City of Fairfield being lot 203 DP 732440 as shown edged heavy black on the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 55)”.
Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on lot 203 DP 732440 for the purpose of a hotel.
Notwithstanding subclause (2), Council must not consent to the carrying out of development for the purpose of a hotel on lot 203 DP 732440 if the gross leasable floor area of the public bar and any gaming room area in the hotel exceeds 180 square metres.
State Environmental Planning Policy No 1—Development Standards does not apply to any development standard imposed by subclause (3).
This clause applies to land within Zone 3 (a) Sub-Regional Business Centre in the Fairfield Town Centre and land within Zone 3 (b) District Business Centre in the Cabramatta Town Centre.
Nothing in this plan prevents a person from carrying out development for the purpose of an outdoor dining area on land to which this clause applies if—
(a) the outdoor dining area is the subject of an approval under section 125 of the Roads Act 1993 or a footpath licensing agreement for use of Council-owned land, and
(b) the width of the outdoor dining area is no greater than the horizontal frontage of the associated refreshment room, and
(c) the person is the owner or lessee of the associated refreshment room, and
(d) a minimum width of at least 2 metres of unobstructed footpath is kept clear for use by pedestrians, and
(e) the outdoor dining area does not involve any form of structure (other than table umbrellas).
This clause applies to Lot 51 in DP 803609, known as 119 Newton Road, Wetherill Park, as shown by distinctive colouring on the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 79)”.
The objectives of development on the land to which this clause applies are as follows—
(a) to enable the erection and use of an industrial service centre on that land to provide for a range of “lower order” retail and commercial uses to meet the day-to-day service needs of the surrounding industrial workforce,
(b) to facilitate a mix of land uses on that land, including industry, refreshment rooms, business premises and small shops,
(c) to provide that retail and commercial activities on that land are contained so that no single business has a gross floor area of more than 200 square metres (The restriction of 200 square metres on the total amount of floor area that can be utilized by a single business is to maintain the “lower order” retailing status of the site and to prevent any one single retail or commercial use dominating the land),
(d) to encourage multiple purpose car trips to the proposed industrial service centre on the land and to moderate the overall growth in car travel in the surrounding area,
(e) to encourage a design, scale and bulk of development on the land that has regard to the street corner location of the land and provides an unobtrusive appearance to the streetscapes of Newton Road and Victoria Street, and substantial landscaped planting around the perimeter of the land,
(f) to provide for safe vehicular access to the land and the surrounding streets,
(g) to provide for safe pedestrian areas on the land and the surrounding streets,
(h) to make adequate provision for on-site car parking to satisfy the parking needs of the proposed industrial service centre on the land,
(i) to encourage the long term mix and balance in land uses to sustain the role of the site as an industrial service centre.
Despite the other provisions of this plan, the Council may consent to development for the purposes of business premises and shops on the land to which this clause applies, but only if none of the business premises or shops concerned has a gross floor area exceeding 200 square metres.
Before granting consent to any development on the land to which this clause applies, the Council must consider the objectives for development on that land as set out in subclause (2).
Despite the other provisions of this plan, the Council must not consent to development for the purposes of a supermarket on the land to which this clause applies.
This clause applies to land known as Greenway Plaza, No 1183–1185 The Horsley Drive, Wetherill Park, being Lot 1, DP 709356, as shown edged heavy black on the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 87)”.
The objectives of development on the land to which this clause applies are as follows—
(a) to encourage a long term mix and balance in land uses to sustain the role of the site as an industrial service centre,
(b) to provide for a range of shops and business premises to meet the day-to-day service needs of the surrounding industrial workforce,
(c) to facilitate a mix of land uses on the land, including bulky goods salesrooms or showrooms, light industry, refreshment rooms, warehouses, business premises and shops, but excluding supermarkets,
(d) to allow business premises within units 1 to 6 of the mezzanine level of the premises situated on the land to which this clause applies,
(e) to allow shops and business premises within units 1 to 7 on the ground floor of the premises situated on the land to which this clause applies,
(f) to encourage multi purpose car trips to the industrial service centre and to moderate the overall growth in car travel in the surrounding area,
(g) to make adequate provision for on-site car parking to satisfy the parking needs of the industrial service centre.
Despite the other provisions of this plan, development on the land to which this clause applies may be carried out for the purpose of business premises or shops, but only in the units identified in subclause (2) (d) and (e).
Before granting consent to any development on the land to which this clause applies, the Council must consider the objectives contained in subclause (2).
Despite the other provisions of this plan, development for the purposes of a supermarket on the land to which this clause applies is prohibited.
This clause applies to Bonnyrigg Town Centre, as shown edged heavy black on Sheets 1, 2 and 3 of the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 93)”.
The objectives for the redevelopment of the Bonnyrigg Town Centre (the
(a) to ensure that Part 3 (Master Plan of the Bonnyrigg Town Centre) of Fairfield Development Control Plan No 28—Bonnyrigg Town Centre (as adopted by the Council on 24 February 2004) (the
Town Centre DCP ) is considered by the consent authority before consent is granted to proposed development,(b) to create a clearly defined urban structure for the Town Centre that is sympathetic to the scale and appearance of surrounding areas, integrating the existing public housing estate with surrounding residential areas and featuring clearly defined entrance points to the Town Centre,
(c) to allow for a mix of integrated land uses and activities that support the retail, commercial, cultural and social vitality and viability of the Town Centre,
(d) to restore the natural setting of Clear Paddock Creek and establish a vegetated riparian corridor along either side of that creek and an off-line stormwater treatment system, promoting opportunities for sustainable biodiversity and biological linkages between areas of remnant native vegetation,
(e) to enhance the use and enjoyment of urban spaces and restored open space areas in the Town Centre through landscape design measures,
(f) to minimise the potential impacts of flooding, urban waste and stormwater on the Town Centre and surrounding neighbourhoods,
(g) to create a distinctive landscape character that enhances the image of the Town Centre, incorporating connections to public gathering places in Clear Paddock Creek Park and opportunities for focal points through landscape design, and highlighting the culture of the local community,
(h) to promote opportunities for infill development, ensuring that the form, appearance, size and placement of any such development helps to enhance the character of the Town Centre and emphasise the distinctiveness of local cultural environments,
(i) to enhance vehicular access and linkages within, and to and from, the Town Centre,
(j) to increase opportunities for the provision of, and access to and from, public transport,
(k) to improve access within, and to and from, the Town Centre for people with disabilities,
(l) to improve pedestrian access and amenity within, and to and from, the Town Centre,
(m) to create a pedestrian and cycleway network that—
(i) links all surrounding residential areas, public transport interchanges and areas of open space with the Town Centre, and
(ii) minimises any potential impact on the natural environment by locating primary pedestrian pathways away from the proposed (or, after its establishment, the existing) vegetated riparian corridor along either side of Clear Paddock Creek and away from areas of remnant native vegetation,
(n) to provide sufficient parking, and servicing access, to customers of the Town Centre, ensuring that parking and service areas are accessible to users and managed effectively,
(o) to allow development that incorporates a variety of housing, increasing housing choice and flexibility, to accommodate a range of income groups and encourage social diversity.
Despite the other provisions of this plan, development for the following purposes may be carried out with development consent on land within the Town Centre that is shown by vertical hatching on Sheet 2 of the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 93)”—
(a) multi-unit housing,
(b) residential flat buildings,
(c) two or more of the following, incorporated within the ground or first floors of a building (for example, a residential flat building)—
(i) business premises,
(ii) community facilities,
(iii) dwellings,
(iv) entertainment facilities,
(v) refreshment rooms,
(vi) shops.
(Repealed)
Development for any of the purposes referred to in subclause (3) is required to comply with the height controls detailed in section 5.1.4 of the Town Centre DCP.
State Environmental Planning Policy No 1—Development Standards applies to subclause (5) in the same way as that Policy applies to a development standard.
Despite the other provisions of this plan, development for the purposes of a bulky goods salesroom or showroom may be carried out with development consent at 685 Smithfield Road (Lot 114, DP 1327), as shown edged heavy black on Sheet 3 of the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 93)”.
Before granting consent to the carrying out of any development within the Town Centre, the consent authority must consider the objectives set out in subclause (2) that are of relevance to the proposed development.
Before granting consent to the carrying out of any development within the Town Centre on a site that is greater than 2,000 square metres, the consent authority must consider a site master plan, unless satisfied that the proposed development is minor.
For the purposes of subclause (9), a
(a) demonstrates how the design and configuration of proposed development achieves consistency with the objectives set out in subclause (2) that are of relevance to the proposed development, and
(b) includes information about measures to mitigate any environmental impacts of the proposed development, including measures for any of the following that are of relevance to the proposed development—
(i) noise attenuation,
(ii) flood mitigation and attenuation,
(iii) water management,
(iv) soil management, and
(c) includes information about any measures to enhance the natural environment, including any of the following measures that are of relevance to the proposed development—
(i) measures to establish a vegetated riparian corridor along either side of Clear Paddock Creek,
(ii) measures to protect or regenerate any remnant native vegetation,
(iii) measures to promote biological linkages between remnant native vegetation, and
(d) provides details in relation to urban design considerations (such as privacy, security, identified views and the relationship of the proposed development to the public domain), drawn from an analysis of the site and its context, together with an explanation of how the proposed development relates to provisions of the Town Centre DCP, and
(e) incorporates information about the staging of the proposed development.
The consent authority must not consent to the carrying out of development on land within the Town Centre that adjoins an arterial road and would enable vehicular access to or from the land by the arterial road, unless—
(a) it is satisfied that there is no other practicable means of vehicular access to or from the land, and
(b) (Repealed)
This clause applies to land within Zone 3 (c) at Edensor Park, Greenfield Park, Wakeley, Wetherill Park, Smithfield, Fairfield Heights, Canley Heights, Canley Vale and Villawood, as shown edged heavy red on the Sheets 6–14 of the map marked “Fairfield Local Environmental Plan 1994 (Amendment No 117)”.
Despite the other provisions of this plan, development for the purposes of a function centre may be carried out with development consent on land to which this clause applies.
In this clause,
The term is defined as follows—
This clause applies to land within Zone 4 (a) General Industrial.
Despite the other provisions of this plan, development for the purposes of timber and building supplies may be carried out with development consent on land to which this clause applies.
In this clause,
Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 2 for a purpose specified in relation to the land in that Schedule, subject to such conditions, if any, as are so specified.
Development on land referred to in Schedule 2 remains subject to those provisions of this plan that are not inconsistent with subclause (1) or with a consent granted by the Council for that development.
The public land described in Schedule 3 is classified or reclassified, as described in the Schedule, as operational land or community land for the purposes of the Local Government Act 1993.
Subclauses (3)–(6) do not apply to land classified or reclassified as community land.
In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 3, to the extent that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for—
(a1) those (if any) specified for the land in Part 2 of Schedule 3, and
(a) any reservations that except land out of a Crown grant relating to the land, and
(b) reservations of minerals (within the meaning of the Crown Land Management Act 2016).
The public land described in Part 3 of Schedule 3—
(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.
Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 3 was made, the Governor approved of subclauses (3) and (5) applying to the land.
In this clause,
Land described in Part 1 of Schedule 3 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.
A person must not, without development consent, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (3).
Class of land as shown on acid sulfate soil planning map | Works |
1 | Any works. |
2 | Works below the ground surface. Works by which the watertable is likely to be lowered. |
3 | Works beyond 1 metre below the ground surface. Works by which the watertable is likely to be lowered beyond 1 metre below the ground surface. |
4 | Works beyond 2 metres below the ground surface. Works by which the watertable is likely to be lowered beyond 2 metres below the ground surface. |
5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land. |
For the purposes of the table to subclause (1),
(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the provision of infrastructure for utilities, the construction of swimming pools, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or
(b) any other works that are likely to lower the watertable.
This clause does not require development consent for the carrying out of works if—
(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment and Management Guidelines has been given to the Council, and
Museum Collection | Regional | |
704 The Horsley Drive | Mid Victorian Church | Local |
711 The Horsley Drive | Uniting Church Cemetery | Local |
716 The Horsley Drive | Brick Federation House | Local |
87 Thorney Road | Federation House | Local |
Victoria Street (ridgetop) | Bunya Pines | Local |
363–365 Victoria Street | Monastery | Local |
Villawood Road | Villawood Railway Station | Local |
Lot 190 Warana Road | Inter-War Spanish Mission House | Local |
5 Waratah Street | House | Local |
Wattle Avenue | Carramar Station | Local |
1–3 William Street | Fire Station | Local |
63 Wolseley Street | Victorian House | Local |
(Clause 22C)
— Lot 13 DP 228479, No 68 Dublin Street, Smithfield.
— Lot 29 DP 871317, No 40 Eton Street, Smithfield.
— Block bounded by George, Prince, Gladstone and Chatham Streets, Canley Heights. (DA No 551/95).
— Lot 1 DP 839819 Wattle Avenue, Carramar.
— Lot 2 DP 845860 Redfern Street, Wetherill Park.
— The Flower Power Site, Lot 24 DP 957, Lots A, B and C DP 363414 Station Street and Lot 2 DP 510834 Camden Street, Fairfield Heights.
— Lots A and B DP 365683 in the vicinity of Restwell Road, Zadro Avenue, Marconi Road and Salter Road, Bossley Park.
— Lot 112 DP 634620 and Part Lot 120 DP 805454, Nos 485–487 Smithfield Road, Prairiewood.
— Lot 16 DP 7511, Nos 80–90 King Road, Fairfield West.
— Lot 9, No 74 St Johns Road, Cabramatta West.
— No 115B Reservoir Road, Mt Pritchard.
— Lot 8 DP 227203, No 397 Cabramatta Road, Cabramatta.
— Lot 10 DP 201035, No 29 Judith Avenue, Cabramatta.
— Lot 74 DP 19311, No 3 Quest Avenue, Carramar.
— Lot 209, Nos 47–49 Boomerang Road, Edensor Park.
— Lot 12, Sec B, DP 4334, No 27 Harold Street, Fairfield.
— Proposed Lot 21 in plan of subdivision of lot 14 DP 844499 corner of Brown and Aplin Roads, Bonnyrigg.
— Lots 2 and 3 DP 818568 Devenish Street, Greenfield Park.
— No 29 Springfield Street, Old Guildford.
— Lot 10 DP 834281 Nos 71–87 Allambie Road, Edensor Park.
— Lot 18, Sec D, DP 4334, No 19 Frederick Street, Fairfield (DA No 461/95).
— Lot 11, Sec B, DP 4334, No 25 Harold Street, Fairfield.
— Lot A, No 66A Beckenham Street, Canley Vale.
— Lot 101 DP 811637 Mallacoota Street, Morton Close and Bunya Place, Wakeley.
— Lots 39–49 DP 35134 Edmondson Crescent and Quest Avenue, Carramar.
— Lots 29, 30 and 32 and 34–40 DP 35511, Nos 9–21 Cumberland Street and Melville Street, Cabramatta.
(Clause 22F)
2 Dawson Street, Fairfield Heights (Lots 17, 18 19, Sec 46, DP 753)
13 Dawson Street, Fairfield Heights (Lots 35 &36, Sec 4, DP 948)
14 Dawson Street, Fairfield Heights (Lots 5 &6, Sec 46, DP 753)
24 Dawson Street, Fairfield Heights (Lots 13 &14, Sec 45, DP 753)
38 Dawson Street, Fairfield Heights (Lots 3 &4, Sec 45, DP 753)
40 Dawson Street, Fairfield Heights (Cnr Lot 1 &Lot 2, Sec 45, DP 753)
47 Dawson Street, Fairfield Heights (Lots 45 &46, Sec 13, DP 489)
73 Dawson Street, Fairfield Heights (Lots 52 &53, Sec 14, DP 489)
14 Evans Street, Fairfield Heights (Lots 26 &27, Sec 50, DP 753)
28 Evans Street, Fairfield Heights (Lots 32 &33, Sec 49, DP 753)
57 Evans Street, Fairfield Heights (Lots 25, 26 &27, Sec 22, DP 489)
59 Evans Street, Fairfield Heights (Lots 22, 23 &24, Sec 22, DP 489)
61 Evans Street, Fairfield Heights (Lots 20 &21, Sec 22, DP 489)
250 Hamilton Road, Fairfield Heights (Lots 17 &18, Sec 11, DP 489)
255 Hamilton Road, Fairfield Heights (Lots 18 &19, Sec 6, DP 431)
260A Hamilton Road, Fairfield Heights (Lots 4 &5, Sec 11, DP 489)
272 Hamilton Road, Fairfield Heights (Lots 22, 23, 24 &25, Sec 12, DP 489)
5 Ligar Street, Fairfield Heights (Lots 33, 34 &35, Sec 52, DP 753)
9 Ligar Street, Fairfield Heights (Lots 30 &31, Sec 52, DP 753)
58 Ligar Street, Fairfield Heights (Lot 31 &Cnr Lot 32, Sec 24, DP 489)
66 Ligar Street, Fairfield Heights (Lots 23 &24, Sec 24, DP 489)
67 Ligar Street, Fairfield Heights (Lots 57, 58 &59, Sec 22, DP 489)
89 Linda Street, Fairfield Heights (Lots 35, 36 &37, Sec 12, DP 489)
1 Lombard Street, Fairfield West (Lots 31 &32, Sec 2, DP 486)
3 Lombard Street, Fairfield West (Lots 29 &30, Sec 2, DP 486)
9 Lombard Street, Fairfield West (Lots 23 &24, Sec 2, DP 486)
48 Lombard Street, Fairfield West (Lots 121 &122, Sec 6, DP 431)
51 Lombard Street, Fairfield West (Lots 40 &41, Sec 7, DP 431)
67 Lombard Street, Fairfield West (Lots 22 &23, Sec 7, DP 431)
70 Lombard Street, Fairfield West (Lots 95 &96, Sec 6, DP 431)
76 Lombard Street, Fairfield West (Lots 90 &91, Sec 6, DP 431)
79 Lombard Street, Fairfield West (Lots 9 &10, Sec 7, DP 431)
83 Lombard Street, Fairfield West (Lots 3, 4 &5, Sec 7, DP 431)
88 Lombard Street, Fairfield West (Lots 77, 78 &79, Sec 6, DP 431)
90 Lombard Street, Fairfield West (Lots 75 &76, Sec 6, DP 431)
17 Madeline Street, Fairfield (Lots 15 &16, Sec 4, DP 486)
24 Madeline Street, Fairfield (Lots 48 &49, Sec 3, DP 486)
42 Madeline Street, Fairfield West (Lots 112 &113, Sec 8, DP 490)
66 Madeline Street, Fairfield West (Lots 86 &87, Sec 8, DP 490)
85 Madeline Street, Fairfield West (Cnr Lot 1 and Lots 2 &3, Sec 9, DP 490)
1 Margaret Street, Fairfield (Lots 66, 67 &68, Sec 4, DP 486)
3 Margaret Street, Fairfield (Lots 63, 64 &65, Sec 3, DP 486)
7 Margaret Street, Fairfield (Lots 57, 58 &59, Sec 4, DP 486)
11 Margaret Street, Fairfield (Lots 53 &54, Sec 4, DP 486)
33 Margaret Street, Fairfield West (Lots 114 &115, Sec 9, DP 490)
38 Margaret Street, Fairfield West (Lots 48 &49, Sec 10, DP 490)
41 Margaret Street, Fairfield West (Lots 106 &107, Sec 9, DP 490)
54 Margaret Street, Fairfield West (Lots 31, 32, 96 &97, Sec 10, DP 490)
56 Margaret Street, Fairfield West (Lots 29, 30, 94 &95, Sec 10, DP 490)
62 Margaret Street, Fairfield West (Lots 23, 24, 88 &89, Sec 10, DP 490)
68 Margaret Street, Fairfield West (Lots 16, 17, 81 &82, Sec 10, DP 490)
70 Margaret Street, Fairfield West (Lots 14, 15, 79 &80, Sec 10, DP 490)
72 Margaret Street, Fairfield (Lots 12, 13, 77 &78, Sec 10, DP 490)
73 Margaret Street, Fairfield West (Pt Lot 69 and Lots 70 &71, Sec 9, DP 490)
1 Parker Street, Fairfield (Lots 35 &36 and Cnr Lot 37, Sec 5A, DP 486)
11 Parker Street, Fairfield (Lots 23 &24, Sec 58, DP 486)
15 Rosina Street, Fairfield (Lots 15, 16, 17 &18, Sec 3, DP 486)
3A Stella Street, Fairfield Heights (Lots 31, 32 &33, Sec 46, DP 753)
8 Stella Street, Fairfield Heights (Lots 12 &13, Sec 48, DP 753)
17 Stella Street, Fairfield Heights (Lots 32 &33, Sec 45, DP 753)
18 Stella Street, Fairfield Heights (Cnr Lot 1 and Lot 2, Sec 48, DP 753)
26 Stella Street, Fairfield Heights (Lots 11 &12, Sec 47, DP 753)
96 Stella Street, Fairfield Heights (Lots 6 &7, Sec 17, DP 489)
98 Stella Street, Fairfield Heights (Lots 4 &5, Sec 17, DP 489)
102 Stella Street, Fairfield Heights (Lots 31 &32, Sec 18, DP 489)
106 Stella Street, Fairfield Heights (Lots 26 &27, Sec 18, DP 489)
111 Stella Street, Fairfield Heights (Lots 52 &53, Sec 16, DP 489)
121 Stella Street, Fairfield Heights (Lots 42 &43, Sec 16, DP 489)
16 Throsby Street, Fairfield Heights (Lots 5 &6, Sec 50, DP 753)
18 Throsby Street, Fairfield Heights (Lots 3 &4, Sec 50, DP 753)
23 Throsby Street, Fairfield Heights (Lots 28 &29, Sec 47, DP 753)
91 Throsby Street, Fairfield Heights (Lots 35 &36, Sec 18, DP 489)
68 Brenan Street, Smithfield (Lots 28 and 30, Sec 1, DP 1732)
25 Dawson Street, Fairfield Heights (Lots 28 and 29, Sec 3, DP 948)
74 Evans Street, Fairfield Heights (Lots 49, 50 and 51, Sec 20, DP 489)
75 Evans Street, Fairfield Heights (Lots 6 and 7, Sec 22, DP 489)
78 Evans Street, Fairfield Heights (Lots 45 and 46, Sec 20, DP 489)
82 Evans Street, Fairfield Heights (Lots 41 and 42, Sec 20, DP 489)
1 Linda Street, Fairfield Heights (Lots 22, 23 and 24, Sec 2, DP 948 and Lot 11, DP 1009518)
9 Linda Street, Fairfield Heights (Lots 33 and 34, Sec 2, DP 948)
15 Linda Street, Fairfield Heights (Lots 37 and 38, Sec 2, DP 948)
20 Linda Street, Fairfield Heights (Lots 17, 18 and 19, Sec 3, DP 948)
24 Linda Street, Fairfield Heights (Lots 13 and 14, Sec 3, DP 948)
35 Linda Street, Fairfield Heights (Lots 62, 63 and 64, Sec 11, DP 489)
58 Linda Street, Fairfield Heights (Lots 7, 8 and 9, Sec 13, DP 489)
77 Linda Street, Fairfield Heights (Lots 49 and 50, Sec 12, DP 489)
83 Linda Street, Fairfield Heights (Lots 43 and 44, Sec 12, DP 489)
13 Parker Street, Fairfield (Lots 21 and 22, Sec 5A, DP 486)
23 Parker Street, Fairfield (Lots 11 and 12, Sec 5A, DP 486)
26 Parker Street, Fairfield (Lots 41 and 42, Sec 5, DP 486)
1 Rosina Street, Fairfield (Lots 31 and 32, Sec 3, DP 486)
7 Rosina Street, Fairfield (Lots 25 and 26, Sec 3, DP 486)
11 Rosina Street, Fairfield (Lots 21 and 22, Sec 3, DP 486)
23 Rosina Street, Fairfield (Lots 6, 7 and 8, Sec 3, DP 486)
27 Rosina Street, Fairfield (Lots 57, 58 and 59, Sec 8, DP 486)
31 Rosina Street, Fairfield (Lots 52, 53 and 54, Sec 8, DP 490)
35 Rosina Street, Fairfield (Lots 48 and 49, Sec 8, DP 490)
55 Rosina Street, Fairfield West (Lots 22, 23 and 24, Sec 8, DP 490)
57 Rosina Street, Fairfield West (Lots 20 and 21, Sec 8, DP 490)
85A The Boulevarde, Fairfield West (Cnr Lot 62 and Lots 61, 63 and 64, Sec 7, DP 431)
78 Throsby Street, Fairfield Heights (Lots 17, 18 and 19, Sec 20, DP 489)
92 Throsby Street, Fairfield Heights (Lots 1, 2 and 3, Sec 20, DP 489)
7 Wenden Street, Fairfield (Lots 71 and Cnr Lot 72, Sec 4, DP 486)
17A Wenden Street, Fairfield (Lots 70 and 37, Sec 3, DP 486)
21 Wenden Street, Fairfield (Lots 33 and 34, Sec 3, DP 486)
33 Wenden Street, Fairfield (Lots 36 and 37, Sec 2, DP 486)
(a) is or is intended to be used permanently as housing for persons aged 55 years or over or for disabled persons,
(b) may consist of hostels or a grouping of 2 or more self-contained dwellings or a combination of both, and
(c) includes one or more of the following facilities provided for use in connection with that accommodation—
(i) accommodation for staff employed or to be employed,
(ii) chapels,
(iii) health consulting rooms,
(iv) meeting rooms,
(v) recreation facilities,
(vi) shops,
(vii) therapy rooms, and
(viii) any other facilities for the use or benefit of persons living in the accommodation.
(a) the cultivation of crops,
(b) the keeping or breeding of livestock, bees, poultry or other birds, or
(c) the cultivation (including the propagation and rearing) of the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose, using an artificially created body of water,
for commercial purposes, but (except in this Dictionary) does not include anything elsewhere defined in this plan.
(a) billiards, pool or other table games, or
(b) pinball machines or other electrical or mechanical amusement devices.
(a) a road shown on the map by grey colour with a continuous black line, or
(b) a classified road as determined under the Roads Act 1993.
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing.
In the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993—
(a) a reference to—
(i) the identification or description of the building or place,
(ii) the identification or description of any person living or carrying on an occupation in the building or place,
(iii) particulars of any occupation carried on or in the building or place, or
(iv) any affiliation with a trade, professional or other association relevant to the business carried on in the business or place,
on which the advertisement is displayed, or
(b) particulars relating to—
(i) any necessary or usual directions or cautions relating to the building or place or any occupation carried on,
(ii) goods, commodities or services dealt with or provided, or
(iii) any activities held or to be held,
at the building or place on which the advertisement is displayed, or
(c) a notice that the building or place on which the advertisement is displayed is for sale or lease together with details of the sale or lease, or
(d) information required or permitted to be displayed by or under any State or Commonwealth Act.
Section 8 (1) of the Environmental Planning and Assessment Act 1979 states that—
the Minister is, for the purpose of exercising those functions expressed to be conferred or imposed on the corporation by or under this or any other Act, incorporated as a corporation sole with the corporate name “Minister administering the Environmental Planning and Assessment Act 1979”.
(a) a school,
(b) a tertiary institution, being a university, college of advanced education, teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and
(c) an art gallery or museum not used to sell the items it displays,
whether or not accommodation for staff and students is provided and whether or not used for the purposes of gain.
(a) an activity involving the obtaining or removal of extractive material from land,
(b) an industry or undertaking (other than a mine) which depends on the obtaining or removal of extractive material from the land on which it is carried on and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land, or
(c) manufacturing of clay products.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
(a) a dwelling, or
(b) an allotment containing a dwelling, or
(c) a building erected on an allotment containing a dwelling,
but only if—
(d) the use is carried on only by permanent residents of the dwelling and by no more than two of those permanent residents, and
(e) the use does not interfere unreasonably with the amenity of adjoining properties or the locality in which the dwelling is situated.
(a) a nursing home,
(b) ancillary facilities for accommodation of staff and visitors, and
(c) associated education or research facilities.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Fairfield Local Environmental Plan 1994 (Amendment No 1—Sheets 1 to 5)
• Fairfield Local Environmental Plan 1994 (Amendment No 3)
• Fairfield Local Environmental Plan 1994 (Amendment No 5—Sheets 1 and 2)
• Fairfield Local Environmental Plan 1994—(Amendment No 7)—Sheets 1–6
• Fairfield Local Environmental Plan 1994 (Amendment No 8)—Sheets 1 to 7
• Fairfield Local Environmental Plan 1994 (Amendment No 8A)
• Fairfield Local Environmental Plan 1994 (Amendment No 9)
• Fairfield Local Environmental Plan 1994 (Amendment No 10)
• Fairfield Local Environmental Plan 1994 (Amendment No 11)
• Fairfield Local Environmental Plan 1994 (Amendment No 13)
• Fairfield Local Environmental Plan 1994 (Amendment No 14)—Sheets 1 and 2
• Fairfield Local Environmental Plan 1994 (Amendment No 17)—Sheets 1 and 2
• Fairfield Local Environmental Plan 1994 (Amendment No 18)
• Fairfield Local Environmental Plan 1994 (Amendment No 19)
• Fairfield Local Environmental Plan 1994 (Amendment No 27)
• Fairfield Local Environmental Plan 1994 (Amendment No 28)
• Fairfield Local Environmental Plan 1994 (Amendment No 29)
• Fairfield Local Environmental Plan 1994 (Amendment No 32)
• Fairfield Local Environmental Plan 1994 (Amendment No 33)—Sheet 1
• Fairfield Local Environmental Plan 1994 (Amendment No 34)
• Fairfield Local Environmental Plan 1994 (Amendment No 35)
• Fairfield Local Environmental Plan 1994 (Amendment No 38)
• Fairfield Local Environmental Plan 1994 (Amendment No 39)
• Fairfield Local Environmental Plan 1994 (Amendment No 40)
• Fairfield Local Environmental Plan 1994 (Amendment No 43)
• Fairfield Local Environmental Plan 1994 (Amendment No 46)
• Fairfield Local Environmental Plan 1994 (Amendment No 49)
• Fairfield Local Environmental Plan 1994 (Amendment No 52)
• Fairfield Local Environmental Plan 1994 (Amendment No 58)
• Fairfield Local Environmental Plan 1994 (Amendment No 66)
• Fairfield Local Environmental Plan 1994 (Amendment No 67)
• Fairfield Local Environmental Plan 1994 (Amendment No 74)
• Fairfield Local Environmental Plan 1994 (Amendment No 75)
• Fairfield Local Environmental Plan 1994 (Amendment No 76)
• Fairfield Local Environmental Plan 1994 (Amendment No 78)
• Fairfield Local Environmental Plan 1994 (Amendment No 81)
• Fairfield Local Environmental Plan 1994 (Amendment No 85)
• Fairfield Local Environmental Plan 1994 (Amendment No 93)—Sheets 1 to 3
• Fairfield Local Environmental Plan 1994 (Amendment No 99)
• Fairfield Local Environmental Plan 1994 (Amendment No 109)
• Fairfield Local Environmental Plan 1994 (Amendment No 117)—Sheets 1–4
• Fairfield Local Environmental Plan 1994 (Amendment No 121)—Sheet 1
• Fairfield Local Environmental Plan 1994 (Amendment No 124)
• Fairfield Local Environmental Plan 1994 (Amendment No 126)—Sheet 1
• Fairfield Local Environmental Plan 1994 (Amendment No 127)
• Fairfield Local Environmental Plan 1994 (Amendment No 128)—Sheets 1 and 3
• Fairfield Local Environmental Plan 1994 (Amendment No 130)
• Fairfield Local Environmental Plan 1994 (Environmental Planning and Assessment Act 1979—Section 75R (3A) Order 2010)
• Fairfield Local Environmental Plan 1994 (State Environmental Planning Policy (Western Sydney Parklands) 2009 amendment) Land Zoning Map—Sheet LZN 001
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not) used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.
(a) which is used to provide a household environment for disabled persons or socially disadvantaged persons, whether or not those persons are related, and
(b) which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons applies.
(a) a drive-in theatre, or
(b) an open-air theatre, or
(c) a theatre or public hall, or
(d) licensed premises.
(a) which is used or intended to be used for the purposes of exhibiting or screening films (within the meaning of the Film and Video Tape Classification Act 1984) in the open air, and
(b) in respect of which provision is made for the parking or accommodation of motor vehicles from which such films are to be viewed, and
(c) to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission,
and includes any building used or intended to be used in connection with the place or structure.
(a) which is used or intended to be used for the purpose of exhibiting or screening films (within the means of Film and Video Tape Classification Act 1984) in the open air, and
(b) to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission,
and includes any building used or intended to be used in connection with the place or structure, but does not include a drive-in theatre.
(a) a licence under the Liquor Act 1982, or
(b) a certificate of registration under the Registered Clubs Act 1976,
that are used or intended to be used for the purpose of providing entertainment.
(a) sexual intercourse as defined in section 61H of the Crimes Act 1900, and
(b) masturbation committed by one person on another, for payment.
(a) the airspace above the surface of the road, and
(b) the soil beneath the surface of the road, and
(c) any bridge, tunnel, causeway, road ferry, ford or other works or structure forming part of the road.
(a) the treating or processing of primary products, or
(b) the regular servicing or repairing of plant or equipment used for agriculture or for the treating or processing of primary products.
(a) the sale by retail of spare parts and accessories and installation of motor vehicle accessories for motor vehicles,
(b) the washing and greasing of motor vehicles,
(c) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting), and
(d) the sale by retail of grocery and other small consumer items.
(a) which is used to provide temporary accommodation for the purpose of relief or rehabilitation for disabled persons or socially disadvantaged persons, whether or not those persons are related, and
(b) which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care, and with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons applies.
(a) railway, road, water or air transport, or wharf or river undertakings,
(b) the provision of sewerage or drainage services,
(c) the supply of water, hydraulic power, electricity or gas, or
(d) telecommunications facilities.
(a) the selling or fitting of accessories to, or
(b) the repair other than body building, panel beating or spray painting of, motor vehicles or agricultural machinery.
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