Georges River Local Environmental Plan 2021 (NSW)
This Plan is Georges River Local Environmental Plan 2021.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Georges River in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide for housing choices to cater for changing demographics and population needs,
(b) to provide for a range of business uses which promote employment and economic growth and contribute to the viability and vibrancy of centres,
(c) to promote and facilitate an ecologically and economically sustainable and vegetated urban environment in which the needs and aspirations of the community are realised,
(d) to provide for a range of recreational, social, cultural and community service opportunities to meet the needs of the Georges River community,
(e) to protect and preserve the natural, built, cultural and Aboriginal heritage of Georges River and to build upon and enhance the character of local areas,
(f) to promote a high standard of urban design and built form,
(g) to protect, preserve and enhance the natural landform, vegetation and open space, especially foreshores or bushland, in order to maintain landscape amenity and public access and use,
(h) to protect, maintain and improve waterway health to achieve the environmental values of the community and uses for waterways,
(i) to facilitate infrastructure to support new development,
(j) to promote and facilitate transit-oriented development that encourages the use of public transport, cycling and walking.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Hurstville Local Environmental Plan 2012
• Kogarah Local Environmental Plan 2012
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
While Hurstville Local Environmental Plan 2012 no longer applies to the land to which this Plan applies, Hurstville Local Environmental Plan 1994 will continue to apply to the land identified as “Deferred matter” under clause 1.3(1A).
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any biodiversity certification conferred under Part 8 of the Biodiversity Conservation Act 2016, or
(c) to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(e) to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act 2013, or
(f) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to any planning agreement within the meaning of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Residential Zones R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP2 Infrastructure
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
• Waterway Zones W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To promote a high standard of urban design and built form that enhances the local character of the suburb and achieves a high level of residential amenity.
• To provide for housing within a landscaped setting that enhances the existing environmental character of the Georges River local government area.
Home occupations
Bed and breakfast accommodation; Boat sheds; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Early education and care facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Group homes; Health services facilities; Home businesses; Home industries; Jetties; Oyster aquaculture; Pond-based aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Tank-based aquaculture
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To enable other land uses that contribute to the vibrancy of the neighbourhood.
• To promote a high standard of urban design and built form that enhances the local character of the suburb and achieves a high level of residential amenity.
• To provide for housing within a landscaped setting that enhances the existing environmental character of the Georges River local government area.
Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Early education and care facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Group homes; Health services facilities; Home businesses; Home industries; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Tank-based aquaculture
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To enable other land uses that contribute to the vibrancy of the neighbourhood while ensuring that business centres remain the focus for business and retail activity.
• To encourage development that maximises public transport patronage and promotes walking and cycling.
Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Early education and care facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Group homes; Health services facilities; Home businesses; Hostels; Hotel or motel accommodation; Jetties; Local distribution premises; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shops; Shop top housing; Small bars
Any other development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To maximise public transport patronage and encourage walking and cycling.
• To encourage development that is compatible with the centre’s position on the centres hierarchy.
Home occupations
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Serviced apartments; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Attached dwellings; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; High technology industries; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Mooring pens; Moorings; Multi dwelling housing; Open cut mining; Pond-based aquaculture; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Rural industries; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To encourage a range of tourism, recreation, function and entertainment uses.
Nil
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway services centres; Home-based child care; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Rural industries; Serviced apartments; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To encourage a range of uses that support the repair, reuse, recycling, remanufacturing and reprocessing of waste.
Nil
Agricultural produce industries; Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Business premises; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Correctional centres; Early education and care facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Jetties; Marinas; Mooring pens; Moorings; Office premises; Open cut mining; Port facilities; Pubs; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Roadside stalls; Rural industries; Shops; Small bars; Specialised retail premises; Tourist and visitor accommodation; Water recreation structures
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To integrate suitable business, office, residential, retail and other development in accessible locations to maximise public transport patronage and encourage walking and cycling.
• To allow residential development that contributes to the vitality of the centre and provides housing that meets the needs of the community.
• To encourage the provision of community facilities and public infrastructure so that all residents have reasonable access to a range of facilities and services.
Home occupations
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Attached dwellings; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Mooring pens; Moorings; Multi dwelling housing; Open cut mining; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Rural industries; Rural workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sewerage systems; Sex services premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To protect and provide for land used for community purposes and public infrastructure.
Nil
Aquaculture; Car parks; Community facilities; Markets; Public administration buildings; Recreation areas; Respite day care centres; Roads; Signage; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental facilities; Environmental protection works
Aquaculture; Boat launching ramps; Centre-based child care facilities; Community facilities; Emergency services facilities; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises; Water recreation structures; Water storage facilities
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To ensure the scale, density and form of development reflects the nature of the recreational use of the land and is compatible with the surrounding urban form and natural setting.
Nil
Aquaculture; Bee keeping; Building identification signs; Business identification signs; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Water recreation structures
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Environmental protection works
Environmental facilities; Information and education facilities; Jetties; Oyster aquaculture; Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Environmental facilities; Environmental protection works; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Roads; Water recreation structures
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(e) (Repealed)
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to ensure that lots created by a subdivision have sufficient area to accommodate development on the lots that complies with relevant development standards and controls for the development,
(b) to ensure that subdivisions reflect and reinforce the predominant subdivision pattern of the area,
(c) to ensure that the lot sizes are appropriate for the environmental capability of the land, having regard to the land’s topography and other natural features.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle and any right of carriageway is not to be included in calculating the lot size for the purposes of subclause (3).
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
[Not adopted]
The objective of this clause is to ensure that the lot sizes for dual occupancies are appropriate for the environmental capability of the land, having regard to the land’s topography and other natural features.
Despite clauses 4.1 and 4.1B, development consent may be granted for the subdivision of land—
(a) in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential if—
(i) there is a dual occupancy on the land that was lawfully erected or a dual occupancy is proposed on the land, and
(ii) the lot size for each resulting lot will be at least 300 square metres, or
(b) in the Foreshore Scenic Protection Area as identified on the Foreshore Scenic Protection Area Map if—
(i) there is a dual occupancy on the land that was lawfully erected or a dual occupancy is proposed on the land, and
(ii) the lot size for each resulting lot will be at least 430 square metres.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle and any right of carriageway is not to be included in calculating the lot size.
The objectives of this clause are as follows—
(a) to ensure that lots for residential accommodation are of sufficient size to accommodate proposed dwellings, setbacks to adjoining residential land, private open space and landscaped areas, driveways and vehicle manoeuvring areas,
(b) to ensure that dual occupancies in Zone R2 Low Density Residential retain the general low-density scale and character of existing single dwelling development,
(c) to ensure that multi dwelling housing in Zone R3 Medium Density Residential retain the general medium-density scale and character of existing multi dwelling development,
(d) to minimise any likely adverse impact of the development on the amenity of the area,
(e) where an existing lot is inadequate in terms of its area or width—to require the consolidation of 2 or more lots.
Development consent must not be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone unless—
(a) the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table, and
(b) the width of the lot at the front building line is equal to or greater than the width specified for that purpose and shown opposite in Column 4 of the table.
Column 1 | Column 2 | Column 3 | Column 4 |
Attached dwellings | Zone R3 Medium Density Residential | 800 square metres | 21 metres |
Attached dwellings | Zone R4 High Density Residential | 800 square metres | 21 metres |
Dual occupancies | Zone R2 Low Density Residential | 650 square metres | 15 metres |
Dual occupancies | Zone R3 Medium Density Residential | 650 square metres | 15 metres |
Dual occupancies | Zone R4 High Density Residential | 650 square metres | 15 metres |
Manor houses | Zone R3 Medium Density Residential | 800 square metres | 18 metres |
Manor houses | Zone R4 High Density Residential | 800 square metres | 18 metres |
Multi dwelling housing | Zone R3 Medium Density Residential | 800 square metres | 18 metres |
Multi dwelling housing | Zone R4 High Density Residential | 800 square metres | 18 metres |
Multi dwelling housing (terraces) | Zone R3 Medium Density Residential | 800 square metres | 21 metres |
Multi dwelling housing (terraces) | Zone R4 High Density Residential | 800 square metres | 21 metres |
Development consent must not be granted for the erection of a dual occupancy in the Foreshore Scenic Protection Area as identified on the Foreshore Scenic Protection Area Map unless the lot has an area of at least 1,000 square metres as shown on the Lot Size for Dual Occupancy Map.
Development consent must not be granted for the erection of a dual occupancy (attached) that provides for both dwellings facing a primary road unless the width of the lot at the front building line is at least 15 metres.
Development consent must not be granted for the erection of a dual occupancy (detached) unless the width of the lot at the front building line is at least—
(a) if only 1 dwelling faces the primary road—18 metres, or
(b) otherwise—22 metres.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle and any right of carriageway is not to be included in calculating the lot size.
[Not applicable]
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,
(b) to minimise the impact of overshadowing, visual impact, disruption of views and loss of privacy on adjoining properties and open space areas,
(c) to ensure an appropriate height transition between new buildings and—
(i) adjoining land uses, or
(ii) heritage items, heritage conservation areas or Aboriginal places of heritage significance.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are as follows—
(a) to provide for building heights that establish the appropriate height for street frontages, buildings or groups of buildings,
(b) to achieve well-proportioned buildings with articulated design and massing.
Despite clause 4.3—
(a) the maximum height of a dual occupancy on land in Zone R3 Medium Density Residential or Zone R4 High Density Residential is 9 metres above ground level (existing), and
(b) the maximum height of a building that forms part of multi dwelling housing is 5 metres above ground level (existing) if the building is adjacent to the rear boundary of the lot.
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality,
(b) to ensure that development provides appropriate built form transition between new buildings and—
(i) adjoining land uses, or
(ii) heritage items, heritage conservation areas or Aboriginal places of heritage significance,
(c) to control development density and intensity of land use, taking into account—
(i) the environmental constraints and values of the site, including retaining the scenic, visual, and landscape qualities of the area, and
(ii) the amenity of adjoining land and the public domain, and
(iii) the availability of infrastructure to service the site, and
(iv) the capacity of the road network to accommodate the vehicular and pedestrian traffic that a development will generate.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
The objectives of this clause are as follows—
(a) to ensure that the bulk and scale of development are compatible with the size of the lot,
(b) to promote good residential amenity.
The maximum floor space ratio for a dwelling house on land identified as “Area 1” on the Floor Space Ratio Map must not exceed the maximum floor space ratio specified in the table to this subclause.
Site area | Maximum floor space ratio |
not more than 650 square metres | 0.55:1 |
more than 650 square metres but not more than 1,000 square metres | [(site area - 650) × 0.3 + 357.5] ÷ site area:1 |
more than 1,000 square metres but not more than 1,500 square metres | [(site area - 1000) × 0.2 + 462.5] ÷ site area:1 |
more than 1,500 square metres | [(site area - 1,500) × 0.1 + 562.5] ÷ site area:1 |
The maximum floor space ratio for residential accommodation on land identified as “Area 2” on the Floor Space Ratio Map must not exceed 0.6:1.
The maximum floor space ratio for a dual occupancy must not exceed the maximum floor space ratio specified in the table to this subclause.
Site area | Maximum floor space ratio |
not more than 1,000 square metres | 0.6:1 |
more than 1,000 square metres but not more than 1,500 square metres | [(site area - 1000) × 0.3 + 600] ÷ site area:1 |
more than 1,500 square metres but not more than 2,000 square metres | [(site area - 1500) × 0.2 + 750] ÷ site area:1 |
more than 2,000 square metres | [(site area - 2000) × 0.1 + 850] ÷ site area:1 |
The objective of this clause is to encourage an appropriate mix of residential and non-residential uses in order to ensure a suitable level of non-residential floor space is provided to promote employment and reflect the hierarchy of Zone E1 Local Centre and Zone MU1 Mixed Use.
This clause applies to development that is the erection of a new building or alterations or additions to an existing building.
Development consent must not be granted for development on land in Zone E1 Local Centre or Zone MU1 Mixed Use unless the non-residential floor space ratio is at least 0.3:1.
Development consent must not be granted for development on the following land identified on the Floor Space Ratio Map unless the non-residential floor space ratio is—
(a) for land identified as “Area 3”—at least 0.5:1,
(b) for land identified as “Area 4”—at least 1:1.
Development consent must not be granted for development on land identified as “Area 5” on the Floor Space Ratio Map unless the non-residential floor space ratio is at least 0.7:1.
Despite clause 4.4, development consent may be granted for a building situated on land identified as “Area 6” on the Floor Space Ratio Map if the consent authority is satisfied that—
(a) the gross floor area of the building will exceed the maximum gross floor area that would otherwise be permitted under clause 4.4 by an amount of no more than 7,023 square metres (the
bonus floor allowance ), and(b) part of the building, with a floor area of not less than the bonus floor allowance, will be used for the purpose of hotel or motel accommodation.
In this clause—
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 5.4,
(caa) clause 5.5,
(d) clause 6.14.
The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act
1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
Zone MU1 Mixed Use and marked “Local road widening” | Council |
Zone SP2 Infrastructure and marked “Classified road” | Roads and Maritime Services |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4—
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Land Management Act 2016).
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
[Not adopted]
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.
If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a) 20% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b) 400 square metres,
whichever is the lesser.
If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 15 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 100 square metres.
If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 9 square metres.
If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a) 60 square metres,
(b) 10% of the total floor area of the principal dwelling.
If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a) 20% of the gross floor area of the industry, or
(b) 400 square metres,
whichever is the lesser.
[Not adopted]
[Not adopted]
The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause—
[Not adopted]
(Repealed)
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
The objectives of this clause are as follows—
(a) to conserve the environmental heritage of the Georges River local government area,
(b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c) to conserve archaeological sites,
(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.
Development consent is required for any of the following—
(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i) a heritage item,
(ii) an Aboriginal object,
(iii) a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d) disturbing or excavating an Aboriginal place of heritage significance,
(e) erecting a building on land—
(i) on which a heritage item is located or that is within a heritage conservation area, or
(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f) subdividing land—
(i) on which a heritage item is located or that is within a heritage conservation area, or
(ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
However, development consent under this clause is not required if—
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development—
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
The consent authority may, before granting consent to any development—
(a) on land on which a heritage item is located, or
(b) on land that is within a heritage conservation area, or
(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
(a) notify the Heritage Council of its intention to grant consent, and
(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—
(a) notify the Heritage Council about the application, and
(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—
(a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
[Not applicable]
[Not adopted]
[Not adopted]
[Not adopted]
[Not applicable]
[Not applicable]
The objectives of this clause are as follows—
(a) to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b) to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a) that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b) in the case of—
(i) pond-based aquaculture in Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii) pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii) tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv) pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
(a) the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b) the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
(a) any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b) the NSW Oyster Industry Sustainable Aquaculture Strategy.
Development for the purpose of oyster aquaculture may be carried out without development consent—
(a) on land that is wholly within a priority oyster aquaculture area, or
(b) on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
In this clause—
The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a) the playing or performance of music, including the following—
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
(b) whether dancing occurs,
(c) the presence or use of a dance floor or another area ordinarily used for dancing,
(d) the direction in which a stage for players or performers faces,
(e) the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.
The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
In this clause—
(g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Seniors housing is a type of
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
Serviced apartments are a type of
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
Sewage reticulation systems are a type of
Sewage treatment plants are a type of
(a) biosolids treatment facility,
(b) sewage reticulation system,
(c) sewage treatment plant,
(d) water recycling facility,
(e) a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
Shops are a type of
Shop top housing is a type of
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
but does not include a traffic sign or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
Small bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
Take away food and drink premises are a type of
Tank-based aquaculture is a type of
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
The term is defined as follows—
Timber yards are a type of
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include—
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Georges River Local Environmental Plan 2021 (587). LW 8.10.2021. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(95) | Georges River Local Environmental Plan 2021 (Amendment No 2). LW 18.3.2022. Date of commencement, on publication on LW, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. |
Date of commencement, 30.6.2022, sec 2. | ||
(569) | Georges River Local Environmental Plan 2021 (Amendment No 3). LW 23.9.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(599) | Georges River Local Environmental Plan 2021 (Amendment No 4). LW 7.10.2022. Date of commencement, on publication on LW, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(717) | Georges River Local Environmental Plan 2021 (Amendment No 5). LW 25.11.2022. Date of commencement, on publication on LW, cl 2. | |
(829) | State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(589) | Georges River Local Environmental Plan 2021 (Amendment No 6). LW 27.10.2023. Date of commencement, on publication on LW, cl 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.5, on publication on LW, sec 2(b). | |
(90) | Georges River Local Environmental Plan 2021 (Amendment No 8). LW 28.3.2024. Date of commencement, on publication on LW, cl 2. | |
(394) | Georges River Local Environmental Plan 2021 (Amendment No 9). LW 16.8.2024. Date of commencement, on publication on LW, cl 2. | |
(564) | Georges River Local Environmental Plan 2021 (Amendment No 7). LW 8.11.2024. Date of commencement, on publication on LW, cl 2. | |
(116) | Georges River Local Environmental Plan 2021 (Amendment No 10). LW 21.3.2025. Date of commencement, on publication on LW, cl 2. | |
(191) | Georges River Local Environmental Plan 2021 (Amendment No 11). LW 2.5.2025. Date of commencement, on publication on LW, cl 2. | |
(360) | Georges River Local Environmental Plan 2021 (Amendment No 12). LW 18.7.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 2.1 | Am 2022 (829), Sch 1.8[1]. |
Land Use Table | Am 2022 (314), Sch 1; 2022 (829), Sch 1.8[2] (am 2023 (82), Sch 1.3[4] [5]); 2024 (394), Sch 1. |
Cl 4.4A | Am 2022 (95), cl 4(1) (2); 2024 (564), Sch 1[1] [2]. |
Cl 4.4B | Am 2022 (829), Sch 1.8[3] [4]. |
Cl 5.1 | Am 2022 (829), Sch 1.8[5]. |
Cl 5.4 | Am 2023 (458), Sch 1[1]. |
Cl 5.22 | Subst 2024 (564), Sch 1[3]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 6.3 | Am 2024 (564), Sch 1[4] [5]. |
Cl 6.10 | Am 2022 (829), Sch 1.8[6]. |
Cl 6.11 | Am 2022 (829), Sch 1.8[7]; 2024 (564), Sch 1[6]. |
Cl 6.12 | Am 2022 (829), Sch 1.8[8] [9]; 2023 (664), Sch 3.5; 2024 (564), Sch 1[7]–[12]. |
Cl 6.13 | Am 2022 (717), cl 4(1); 2022 (829), Sch 1.8[10]–[12]; 2023 (589), Sch 1[1]; 2024 (564), Sch 1[13]–[15]. |
Cl 6.14 | Am 2022 (829), Sch 1.8[13] [14]. |
Cl 6.15 | Am 2022 (829), Sch 1.8[9]. |
Cl 6.17 | Ins 2022 (599), Sch 1[1]. |
Cl 6.18 | Ins 2023 (589), Sch 1[2]. |
Sch 1 | Am 2022 (717), cl 4(2); 2022 (829), Sch 1.8[15]; 2023 (589), Sch 1[3]; 2024 (564), Sch 1[16]–[19]; 2025 (116), Sch 1; 2025 (191), Sch 1; 2025 (360), Sch 1[1] [2]. |
Sch 4 | Am 2023 (589), Sch 1[4]. |
Sch 5 | Am 2022 (569), cl 5; 2023 (589), Sch 1[5]; 2024 (90), Sch 1; 2024 (564), Sch 1[20]–[41]. |
Dictionary | Am 2022 (599), Sch 1[2]; 2022 (717), cl 4(3); 2023 (589), Sch 1[6]. |
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