Gosford City Centre Local Environmental Plan 2007 (NSW)
The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Plan is not a standard local environmental plan, standard clauses have been included in this Plan and the clause numbering from that Order has been retained. This means that the numbering in this Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.
This Plan is Gosford City Centre Local Environmental Plan 2007.
This Plan aims to make local environmental planning provisions for land in the Gosford city centre that are generally in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
The particular aims of this Plan are as follows:
(a) to promote the revitalisation of the Gosford city centre,
(b) to reinforce Gosford city centre’s position as an eminent regional centre for commerce, education, health care, culture and the arts, while creating a highly livable urban place, having design excellence in all elements of its built and natural environments,
(c) to protect and enhance the vitality, identity and diversity of the Gosford city centre,
(d) to promote employment, residential, recreational and tourism opportunities within the Gosford city centre,
(e) to facilitate the development of building design excellence appropriate to a regional city,
(f) to encourage responsible management, development and conservation of natural and man-made resources and to ensure that the Gosford city centre achieves sustainable social, economic and environmental outcomes,
(g) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Gosford city centre for the benefit of present and future generations,
(h) to help create a mixed use place, with activity during the day and throughout the evening, so the Gosford city centre is safe, attractive, inclusive and efficient for its local population and visitors alike.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) Gosford City Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a) approved by the Minister when the map is adopted, and
(b) as amended from time to time by maps declared by environmental planning instruments to amend that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
The maps adopted by this Plan are the Floor Space Ratio Map, Height of Buildings Map, the Heritage Map, the Key Sites Map, the Land Application Map and the Land Zoning Map.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
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 is to be determined as if this Plan had been exhibited but had not commenced.
For the purpose of enabling development on land within 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 prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) any property vegetation plan within the meaning of the Native Vegetation Act 2003.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).
This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan as provided by section 36 of the Act.
Section 36 of the Act generally provides that SEPPs prevail over REPs and LEPs and that REPs prevail over LEPs. However, a LEP may (by an additional provision included in the Plan) displace or amend a SEPP or REP to deal specifically with the relationship between this Plan and the SEPP or REP.
The following State environmental planning policies and regional environmental plans (or provisions) do not apply to the land to which this Plan applies:
• State Environmental Planning Policy No 1—Development Standards
• State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6)
• State Environmental Planning Policy No 9—Group Homes
• State Environmental Planning Policy No 60—Exempt and Complying Development
• State Environmental Planning Policy No 71—Coastal Protection
The land use zones under this Plan are as follows:
• Residential Zones • R1 General Residential
• Business Zones • B3 Commercial Core
• B4 Mixed Use
• B6 Enterprise Corridor
• Special Purpose Zones • SP1 Special Activities
• SP2 Infrastructure
• Recreation Zones • RE1 Public Recreation
• Waterway Zones • W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Table at the end of this Part specifies for each zone:
(a) the objectives for development, and
(b) development that may be carried out without consent, and
(c) development that may be carried out only with consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Table at the end of this Part:
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Development may be carried out on unzoned land only with consent.
Before granting consent, the consent authority:
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a) with consent, or
(b) if the Schedule so provides—without consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with consent.
However, consent is not required for a subdivision for the purpose only of any one or more of the following:
(a) widening a public road,
(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e) rectifying an encroachment on a lot,
(f) creating a public reserve,
(g) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.
If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To allow some diversity of activities and densities if:
• the scale and height of proposed buildings is compatible with the character of the locality, and
• traffic generation can be managed in a way that avoids adverse impacts on the local road system, and
• there will be no significant adverse impact on the amenity of any existing or proposed development nearby.
• To encourage increased population levels in locations which will support the viability of the Gosford city centre, where any new development:
• has regard to the desired future character of the Gosford city centre described within the Gosford City Centre Development Control Plan 2007, and
• does not significantly detract from the amenity of any existing or proposed development nearby.
• To allow development along the coastline to take advantage of view corridors while avoiding a continuous built edge along the waterfront.
Nil.
Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Group homes; Health consulting rooms; Home-based child care; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential care facilities; Residential flat buildings; Roads; Seniors housing; Shop top housing.
Any other development not otherwise specified in item 2 or 3.
• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
• To encourage appropriate employment opportunities in accessible locations.
• To maximise public transport patronage and encourage walking and cycling.
• To strengthen the role of the Gosford city centre as the regional business, retail and cultural centre of the Central Coast.
• To provide for land uses of a higher order and density within the Commercial Core zone than those located within the Mixed Use zone.
• To encourage a diverse and compatible range of activities, including the following:
• commercial and retail development,
• cultural and entertainment facilities,
• tourism, leisure and recreation facilities,
• social, education and health services.
• To provide for residential uses where compatible with neighbouring uses and employment opportunities in the zone.
• To create opportunities to improve the public domain and pedestrian links throughout the Gosford city centre.
• To provide for the retention and creation of view corridors.
• To protect and enhance the unique qualities and character of special areas within the Gosford city centre.
Nil.
Advertisements; Business premises; Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Child care centres; Community facilities; Educational establishments; Entertainment facilities; Food and drink premises; Function centres; Funeral chapels; Funeral homes; Health consulting rooms; Hospitals; Hotel accommodation; Information and education facilities; Medical centres; Medical research and development facilities (but not including residential accommodation); Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation facilities (indoor); Registered clubs; Residential flat buildings (but only as a component of a development containing other uses permitted in this Zone); Retail premises; Roads; Sex services premises; Temporary structures; Theatres or public halls; Tourist and visitor accommodation.
Any other development not otherwise specified in item 2 or 3.
• To provide a mixture of compatible land uses.
• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
• To support the higher order Commercial Core zone, while providing for the daily needs of the Mixed Use zone.
• To encourage a diverse and compatible range of activities, including the following:
• commercial and retail development,
• cultural and entertainment facilities,
• tourism, leisure and recreation facilities,
• social, education and health services,
• higher density residential development.
• To allow development along the eastern edge of The Broadwater to take advantage of and retain view corridors while avoiding a continuous built edge along the waterfront.
• To create opportunities to improve the public domain and pedestrian links within the Mixed Use zone.
• To protect and enhance the unique qualities and character of special areas within the Gosford city centre.
Nil.
Any other development not otherwise specified in item 2 or 4.
Animal boarding or training establishments; Caravan parks; Car parks (other than as required by this Plan or public car parking provided by or on behalf of the Council); Dual occupancies; Dwelling houses; Extractive industries; Home occupations (sex services); Industries; Mines; Multi dwelling housing; Recreation facilities (major); Warehouses or distribution centres (but only if related to distribution of machinery).
• To promote businesses along main roads and to encourage a mix of compatible uses.
• To enable a mix of employment (including business, office, retail and light industrial uses) and residential uses.
• To maintain the economic strength of centres by limiting the retailing of food and clothing.
Nil.
Bulky goods premises; Business premises; Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Community facilities; Educational establishments; Food and drink premises; Hotel accommodation; Landscape and garden supplies; Light industries; Multi dwelling housing (but only as a component of a development containing other uses permitted in this Zone); Office premises (but only if a component of development containing other uses permissible in this zone); Passenger transport facilities; Places of public worship; Public administration buildings; Residential flat buildings (but only as a component of a development containing other uses permitted in this Zone); Retail premises; Roads; Sex services premises; Timber and building supplies; Warehouse or distribution centres.
Any other development not otherwise specified in item 2 or 3.
• To provide for special land uses not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
• To provide for development that is compatible with the special land use or uses shown on the Land Zoning Map.
• To prevent development that is not compatible with or that may detract from the special characteristics of the site or its existing or intended special use.
Nil.
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Boarding houses; Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council or by or on behalf of the public authority that carries out the purpose shown on the Land Zoning Map in this zone); Child care centres; Community facilities; Educational establishments; Entertainment facilities; Food and drink premises; Neighbourhood shops; Places of public worship; Recreation facilities (indoor); Recreation facilities (outdoor); Residential care facilities; Roads; Seniors housing.
Any other development not otherwise specified in item 2 or 3.
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Nil.
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Environmental protection works; Flood mitigation works; Roads; Telecommunications facilities.
Any other development not otherwise 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.
• To identify areas suitable for development for recreation, leisure and cultural purposes on the eastern and northern shores of The Broadwater.
Environmental facilities; Environmental protection works.
Boat sheds; car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Child care centres; Community facilities; Kiosks; Marinas; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants; Roads; Water recreation structures.
Any other development not otherwise specified in item 2 or 3.
• To protect the ecological, scenic and recreation values of recreational and natural waterways.
• To allow for water-based recreation and related uses.
Environmental facilities; Environmental protection works.
Boat sheds; Car parks (as required by this Plan or public car parking provided by or on behalf of council); Food and drink premises; Function centres; Kiosks; Marinas; Markets; Moorings; Recreation facilities (outdoor); Water recreation structures.
Any other development not otherwise specified in item 2 or 3.
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a) must be of minimal environmental impact, and
(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development:
(a) the development must:
(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(ii) if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9, the building must have a current fire safety certificate or fire safety statement or the building must be a building for which no fire safety measures are currently implemented, required or proposed, and
(b) the development must not:
(i) if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii) create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or
(iii) be designated development, or
(iv) be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977.
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c) the development is designated development, or
(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Conservation in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)).
The objective of this clause is to identify development as complying development.
Development specified in Schedule 3 that is carried out in compliance with the applicable development standards listed in that Schedule and that complies with the requirements of section 76A (6) of the Act and the requirements of this Part is complying development.
To be complying development, the development must:
(a) be permissible, with consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
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 to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,
(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 as a state conservation area under the National Parks and Wildlife Act 1974,
(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
The objectives of this Plan for the control of the height of buildings are as follows:
(a) to ensure that taller development occurs on sites capable of permitting height while protecting the natural environmental setting of the Gosford city centre,
(b) to ensure taller buildings are located appropriately in relation to view corridors and view impacts and in a manner that is complementary to the natural topography of the area,
(c) to allow sunlight access to key areas of the public domain by ensuring that further overshadowing of certain parks and community places is avoided or limited during nominated times,
(d) to provide high quality urban form for all buildings,
(e) to maintain satisfactory sky exposure and daylight to existing buildings, to the sides and rear of higher buildings and to public areas, including parks, streets and lanes,
(f) to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan,
(g) to ensure an appropriate height transition between new buildings and heritage items.
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, except as provided by clause 21B, 22B or 33A.
Despite the provisions of this clause, heights in the John Whiteway Drive Precinct, as shown edged bold on the Height of Buildings Map, are not to exceed the AHD height levels specified in the Special Area provisions of the Gosford City Centre Development Control Plan 2007.
A person may, with development consent, carry out development that includes an architectural roof feature that exceeds, or causes a building to exceed, 24 metres and the height limits set by clause 21 or 33A.
Development consent must not be granted to any such development unless the consent authority is satisfied that the architectural roof feature:
(a) comprises a decorative element on the uppermost portion of a building, and
(b) is not a structure for advertising, and
(c) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(d) will have a minimum overshadowing impact.
If the architectural roof feature contains or supports building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like), the signage or equipment must, to the satisfaction of the consent authority, be fully integrated into the design of the roof feature.
The floor space ratio of a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
Despite subclause (1), the maximum floor space ratio for a building on land within a zone specified in Column 1 of the Table to this clause:
(a) with a site area or street frontage specified in that Column for that zone, and
(b) having a floor space ratio (as indicated on the Floor Space Ratio Map) shown opposite that site area or street frontage in Column 2 of the Table,
is the floor space ratio specified opposite the site area or street frontage in Column 3 of the Table.
Despite subclauses (1) and (2), the floor space ratio of a building on land zoned B3 Commercial Core that is used partly for residential purposes is to be calculated as follows:
where:
Despite subclauses (1) and (2), for sites on land zoned SP1 Special Activities that are to be used for the purposes of hospitals, medical centres, medical support facilities, medical research and development facilities or other like uses, or a combination of any such uses, the maximum floor space ratio is 3:1.
Column 1 | Column 2 | Column 3 |
Land Use Zone | Floor space ratio shown on Floor Space Ratio Map | Maximum floor space ratio |
Site area less than 1,000m | greater than 4:1 | 4:1 |
Site area less than 1,000m | 2:1 or less | 1:1 |
Site area less than 1,000m | greater than 2:1 but less than 3:1 | 1.5:1 |
Site area less than 1,000m | greater than 3:1 | 2:1 |
Site area equal to or greater than 1,000m | greater than 3:1 | 3:1 |
Site area less than 1,000m | 2:1 or less | 0.75:1 |
Site area less than 1,000m | greater than 2:1 | 1:1 |
Site area equal to or greater than 1,000m | 2:1 or greater but less than 2.25:1 | 1.5:1 |
Site area equal to or greater than 1,000m | 2.25:1 or greater | 2:1 |
Development consent must not be granted to the erection of a building on land zoned B4 Mixed Use or B6 Enterprise Corridor that does not have at least one street frontage of 24 metres or more.
Despite subclause (1), the consent authority may grant consent to the erection of a building on land referred to in that subclause if it is of the opinion that:
(a) it is not physically possible, due to the physical constraints of the site, for the building to be erected with at least one street frontage of 24 metres or more, and
(b) the development is consistent with the aims and objectives of this Plan.
This clause applies to development involving the construction of a new building or external alterations or additions to an existing building.
Consent must not be granted to development to which this clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.
In considering whether development to which this clause applies exhibits design excellence, the consent authority must have regard to the following matters:
(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,
(c) whether the proposed development detrimentally impacts on view corridors,
(d) whether the proposed development detrimentally overshadows Kibble Park, William Street Plaza, Burns Park and the waterfront open space adjoining The Broadwater,
(e) the requirements of the Gosford City Centre Development Control Plan 2007,
(f) how the proposed development addresses the following matters:
(i) the suitability of the land for development,
(ii) existing and proposed uses and use mix,
(iii) heritage issues and streetscape constraints,
(iv) the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v) bulk, massing and modulation of buildings,
(vi) street frontage heights,
(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(viii) the achievement of the principles of ecologically sustainable development, with particular emphasis on water saving and recycling,
(ix) pedestrian, cycle, vehicular and service access, circulation and requirements,
(x) the impact on, and any proposed improvements to, the public domain.
(Repealed)
Consent must not be granted for development on land zoned B3 Commercial Core or B4 Mixed Use that involves the erection of a new building or an alteration or addition to an existing building that increases the gross floor area of the building unless:
(a) at least one car parking space is provided for every 75 square metres of the gross floor area of the building that is to be used for commercial activities, and
(b) at least one car parking space is provided for every 40 square metres of the gross floor area of the building that is to be used for the purposes of retail premises.
Car parking required to be provided by this plan must be provided on site unless the consent authority is satisfied that the provision of car parking is adequately provided elsewhere.
For the purposes of this clause, the following are to be included as part of a building’s gross floor area:
(a) any area of the building that is used for car parking and is at or above existing ground level, except to the extent permitted by the Gosford City Centre Development Control Plan 2007,
(b) any area of the building that is used for car parking below ground level, except where the car parking is provided as required by this clause.
Council owned public car parking is not to be included as part of a building’s gross floor area.
In this clause:
The ground floor of any development that is a building on land zoned B3 Commercial Core must have active street frontages consistent with the Gosford City Centre Development Control Plan 2007.
Despite subclause (1), an active street frontage is not required in respect of any part of a building facing a back lane, unless identified as a pedestrian link in the Gosford City Centre Development Control Plan 2007.
Buildings on land to which this Plan applies must be erected so that the separation distance:
(a) from neighbouring buildings, and
(b) between separate towers or other separate raised parts of the same building,
is not less than that provided for in the Gosford City Centre Development Control Plan 2007.
Before granting consent for development, the consent authority must have regard to the principles of ecologically sustainable development as they relate to the proposed development based on a “whole of building” approach by considering each of the following:
(a) greenhouse gas reduction,
(b) embodied energy in materials and building processes,
(c) building design and orientation,
(d) passive solar design and day lighting,
(e) natural ventilation,
(f) energy efficiency and energy conservation,
(g) water conservation and water reuse,
(h) waste minimisation and recycling,
(i) reduction of car dependence,
(j) potential for adaptive reuse.
Development consent must not be granted to development for the purpose of the strata subdivision of a building or part of a building that is or has been used for serviced apartments, unless the consent authority is satisfied that the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development and the design principles of the Residential Flat Design Code (a publication of the Department of Planning, September 2002) are achieved for the development as if it were a residential flat development.
The objectives of this clause are:
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause or of State Environmental Planning Policy No 1—Development Standards.
Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Director-General has been obtained.
In deciding whether to grant concurrence, the Director-General must consider:
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow consent to be granted for development that would contravene any of the following:
(a) a development standard for complying development,
(b) a development standard for development in the coastal zone, (except those standards contained in this Plan).
Despite clause 21, the height of a building on land identified as “Development Incentives Application” on the Development Incentives Application Map may exceed the height shown for buildings on that land on the Height of Buildings Map by not more than 30%.
Despite clause 22, the maximum floor space ratio for a building on land identified as “Development Incentives Application” on the Development Incentives Application Map may exceed the floor space ratio shown for buildings on that land on the Floor Space Ratio Map by not more than 30%.
This clause applies to development applications made within 2 years after the commencement of Gosford City Centre Local Environmental Plan 2007 (Amendment No 1).
A development application made, but not determined, within 2 years after the commencement of Gosford City Centre Local Environmental Plan 2007 (Amendment No 1) is to be determined as if this clause continued to apply to that application.
Under section 95 of the Act a development consent lapses 5 years after the date from which it operates. However, this period may be reduced in certain circumstances provided for in that section.
The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (
If the landholder will suffer hardship or 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 (or, if none is specified, the authority designated or determined under those provisions).
Zone | 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 by section 8 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Roads and Traffic Authority |
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.
Consent for development on land reserved for the purposes of a classified road may, before the land becomes a classified road, be granted only if:
(a) (Repealed)
(b) the development is of a kind, or is compatible with development of a kind, that may be carried out on land in an adjoining zone.
(Repealed)
The objective of this clause is to enable the Council, by means of this Plan, to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant classification Plan and, by the operation of that Plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In this clause, the
Before the relevant classification Plan inserted a description of land into Part 2 of Schedule 4, the Governor approved of subclause (5) applying to the land.
The objective of this clause is to allow the use of educational establishments, including their site and facilities, for other community purposes.
An educational establishment (including the site and facilities) may, with consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.
Nothing in this clause requires consent to carry out development on any land if that development could, but for this clause, be carried out on that land without consent.
The objectives of this clause are:
(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads (within the meaning of the Roads Act 1993), and
(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.
Consent must not be granted to the development of land that has a frontage to a classified road unless the consent authority is satisfied that:
(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and
(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the proposed development as a result of:
(i) the design of the vehicular access to the land, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the proposed development.
The objective of this clause is to ensure that development for the purpose of residential accommodation, places of public worship, hospitals, educational establishments or other noise sensitive buildings in the proximity of operating or proposed railways is not adversely affected by rail noise or vibration.
This clause applies to land comprising, or within 60 metres of, an operating railway line or land reserved for the construction of a railway line (referred to in this clause as a
Development consent must not be granted to development:
(a) that is within a rail corridor, and
(b) that the consent authority considers is, or is likely to be, adversely affected by rail noise or vibration,
unless the consent authority is satisfied that the proposed development incorporates all practical mitigation measures for rail noise or vibration.
The objectives of this clause are as follows:
(a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,
(b) to implement the principles in the NSW Coastal Policy, and in particular to:
(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and
(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and
(iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and
(iv) recognise and accommodate coastal processes and climate change, and
(v) protect amenity and scenic quality, and
(vi) protect and preserve beach environments and beach amenity, and
(vii) protect and preserve native coastal vegetation, and
(viii) protect and preserve the marine environment, and
(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and
(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment.
Consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:
(a) existing public access to and along the coastal foreshore for pedestrians or persons who are less mobile, with a view to:
(i) maintaining existing public access and, where possible, improving that access, and
(ii) identifying opportunities for new public access, and
(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:
(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and
(ii) the location, and
(iii) the bulk, scale, size and overall built form design of any building or work involved, and
(c) the impact of the proposed development on the amenity of the coastal foreshore, including:
(i) any significant overshadowing of the coastal foreshore, and
(ii) any loss of views from a public place to the coastal foreshore, and
(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and
(e) how biodiversity and ecosystems, including:
(i) native coastal vegetation and existing wildlife corridors, and
(ii) rock platforms, and
(iii) water quality of coastal water bodies, and
(iv) native animals, fish, plants and marine vegetation, and their habitats,
can be conserved, and
(f) the effect of coastal processes and coastal hazards and potential impacts, including sea level rise:
(i) on the proposed development, and
(ii) arising from the proposed development, and
(g) the cumulative impacts of the proposed development and other development on the coastal catchment.
Consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:
(a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and
(b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and
(c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform.
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).
The objective of this clause is to protect specified public open space from overshadowing and to allow views to identified natural topographical features.
This clause applies to land in the vicinity of Kibble Park and Mann Street between Donnison and Erina Streets, as shown edged with a heavy blue line on the Height of Buildings Map.
Despite clause 21, development on land to which this clause applies is prohibited if the development results in any part of a building projecting above the height and setback controls specified in the Gosford City Centre Development Control Plan 2007 for that land.
This clause does not apply to development resulting only in refurbishment of a building.
The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.
This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation area.
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 35 will be applicable to any such consent.
This clause does not apply to or in respect of:
(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
The objectives of this clause are:
(a) to conserve the environmental heritage of Gosford city centre, and
(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and
(c) to conserve archaeological sites, and
(d) to conserve places of Aboriginal heritage significance.
Development consent is required for any of the following:
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building, by making structural changes to its interior,
(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, consent under this clause is not required if:
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development:
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority may, before granting consent to any development on land:
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order applies), be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 21 days after the notice is sent.
(Repealed)
The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan if the consent authority is satisfied that:
(a) the conservation of the heritage item is facilitated by the granting of consent, and
(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and
(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
The objective of this clause is to facilitate the establishment of:
(a) permanent group homes in which disabled persons or socially disadvantaged persons may live in an ordinary residential household environment instead of an institutional environment, and
(b) transitional group homes that provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of an institutional environment for such purposes as alcohol or drug rehabilitation and half-way rehabilitation for persons formerly living in institutions and refuges for men, women or young persons.
If development for the purpose of a dwelling house or a dwelling in a residential flat building may lawfully be carried out in accordance with this Plan, development for the purposes of a group home may, subject to this clause, be carried out.
Consent is required to carry out development for the purposes of a transitional group home.
Consent is required to carry out development for the purposes of a permanent group home that contains more than 5 bedrooms.
Consent is required to carry out development for the purposes of a permanent group home that contains 5 or less bedrooms and that is occupied by more residents (including any resident staff) than the number equal to the number calculated by multiplying the number of bedrooms in that home by 2.
Consent may not be refused under this clause unless an assessment has been made of the need for the group home concerned.
Nothing in this clause requires consent to be obtained by the Department of Housing (or by a person acting jointly with the Department of Housing) to erect or use a transitional group home.
Nothing in this Plan is to be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:
(a) the carrying out of development of any description specified in subclauses (2)–(12), or
(b) the use of existing buildings of the Crown by the Crown.
The carrying out by persons carrying on railway undertakings, on land comprised in their undertakings, of:
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b) the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c) the construction of new railways, railway stations and bridges over roads, and
(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:
(a) development of any description at or below the surface of the ground,
(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the commencement of this plan of any plant or other structures or erections required in connection with the station or substation,
(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housing of stone, concrete or brickworks,
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e) the erection of service reservoirs on land acquired or in the process of being acquired for the purpose before the commencement of this plan, provided reasonable notice of the proposed erection is given to the consent authority,
(f) any other development, except:
(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(ii) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:
(a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except:
(a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.
The carrying out of any forestry work by the Forestry Commission or Community Forest Authorities empowered under relevant Acts to undertake afforestation, the construction of roads, protection, cutting and marketing of timber, and other forestry purposes under such Acts or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purposes, and
(b) any development designed to change the use or purpose of any such reserve.
The carrying out or causing to be carried out by the consent authority, where engaged in flood mitigation works, or by a Government Department, of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Water Management Act 2000, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except:
(a) the erection of buildings, and installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, and
(b) the formation or alteration of any means of access to a road.
Development may be carried out by or on behalf of the Council without development consent on any land, except land within a heritage conservation area or containing a heritage item, for the following purposes:
(a) construction or maintenance of stormwater drainage, water quality treatment devices, water tanks, flood mitigation structures, recreation areas, public amenities and temporary storage facilities,
(b) installation or maintenance of street furniture, such as seats, Council information signs, street signs, street lights, bus shelters, garbage and recycling containers and bins, bollards, flagpoles, telephone kiosks and the like, but not fixed outdoor vending machines,
(c) construction or maintenance of roads, footpaths, cycle ways, parking areas, fire trails, walking tracks and other public pedestrian areas, including tree planting and repaving, street surfacing, reconstruction of kerbs, gutters and the like,
(d) installation or maintenance of park furniture, including seats, picnic tables, barbecue units and shelters, awnings and shade structures, gazebos and pergolas, bollards, playground equipment, flagpoles, bridges, staircases, boardwalks, lighting (excluding ovals, tennis courts and the like) and Council information signs,
(e) installation or maintenance of goal posts, sight screens, fencing and similar ancillary sporting structures on sporting or playing fields for use in the playing or performance of sporting events (excluding grandstands, dressing sheds and other structures),
(f) installation or maintenance of temporary structures for special events, including marquees, booth toilets, stages, tents, scaffolds and the like,
(g) bush regeneration, landscaping, gardening, tree planting, tree maintenance and tree removal,
(h) other works or activities approved by the Council as part of a plan of management for public land (other than the construction of buildings or activities excluded by paragraphs (a)–(g)).
(Clause 14)
Lot 1, DP 616594, 49 Henry Parry Drive, Gosford—development for the purposes of a licensed broadcast facility.
(Clause 16 (2))
Must be attached to external walls or ground mounted involving fully integrated systems.
All mechanical components and their enclosures must be at least 6m from any property boundary and behind building line to any street frontage.
Maximum size—2m
Maximum height—1.8m.
1 per dwelling.
Must be at ground level only.
If on bush fire prone land, must be constructed in accordance with any guidelines issued from time to time by the Rural Fire Service.
Suspended under awning sign:
(a) maximum size—1.5m
2 in area,(b) minimum height of 3m above any public road,
(c) 1 per premises,
(d) must be securely fixed by metal supports.
Vertical or horizontal projecting wall signs:
(a) maximum size—2.5m
2 in area,(b) minimum height of 3m above any public road,
(c) must be securely fixed.
Flush wall signs:
(a) maximum size—2.5m
2 in area,(b) must be minimum height of 3m above any public road,
(c) 1 per premises.
Access ramps:
(a) maximum height—1m,
(b) maximum grade of ramp—1:14,
(c) must be in accordance with the Building Code of Australia and AS 1428.1—2001Design for access and mobility—General requirements for access—New building work.
Staircases installed in public parks and recreation areas—design, fabrication and installation must be in accordance with AS 4100—1998Steel structures and AS 1720.1—1997Timber Structures—Design methods, AS 1720.2—1990 and AS 1720.4—1990Timber structures.
Goal posts, sight screens and similar ancillary sporting structures on sporting or playing fields for the use in playing or performance of sporting events (excluding grandstands, dressing sheds and other such structures)—must be constructed by or for a sporting organisation and installed in accordance with relevant standards of Standards Australia.
Maximum height—2.4m (3.5m for basketball backboard and poles).
Must be behind building line to any street frontage.
Must be at least 900mm from any property boundary.
For the Christmas period, limited to an 8 week period which may commence from 15 November in the relevant year (or first Monday after that date).
For any other festival or event, period is not to exceed 4 weeks.
Must not involve decorations that have an adverse effect on the structural adequacy of a building or fire safety.
Intensity and intervals of flashing, and hours of illumination, must not adversely affect the amenity of the area.
Demolition must be carried out in accordance with AS 2601—2001Demolition of structures.
Must be in accordance with a plan of management prepared by the Council.
Must be structurally stable, with adequate footings.
All apparatus must be installed in accordance with the manufacturer’s instructions.
Aerials:
(a) 1 aerial per building,
(b) maximum height of aerial—6m above roof,
(c) maximum width of aerial—1.5m.
Retractable clothes lines:
(a) must be located to the rear of Class 1 dwelling (within the meaning of the Building Code of Australia), and at ground level,
(b) must be screened from view from public places.
Maximum width—3.5m.
Must be at or near ground level and must not require retaining or filling to depths greater than 600mm.
Must comply with the requirements of AS 2890.1—1993Parking facilities—Off-street car parking.
Must incorporate drainage to prevent discharge of surface water to adjoining properties and to provide discharge to appropriate outlets.
Must not affect the overland flowpath of surface water so as to adversely affect adjoining properties.
If located within 3m of existing trees, must be constructed of loose paver.
Repairs must be non-structural.
Must not involve any change to the external appearance of the building, including colours, material, finishes or glazing (except for Class 1 buildings (within the meaning of the Building Code of Australia)).
Must be no new fittings or attachments to the building.
Maximum height:
(a) open style (eg picket, pool fencing)—1.2m,
(b) solid (eg decorative brick, timber)—1m.
Must be in front of the building line.
Gates must not obstruct pedestrian access along a public roadway.
Structure:
(a) must use materials compatible with streetscape,
(b) must not be made of solid metal materials.
No fences with high flammability on land shown as high bushfire hazard on a map held in the offices of the Council.
No strip footing construction within 3m of a tree.
Maximum height—1.8m.
Must not impede floodways or overland flow paths.
Must be behind front boundary line.
Must not interfere with traffic visibility at intersections.
No strip footing construction where a tree is located within 3m on either private or public property.
Privacy screens associated with fence—must be open style privacy screens (eg lattice) with a maximum length of 3m and a maximum height above the fence of 450mm and not attached to the fence structure.
Maximum height—6m above existing ground level.
Must be at least 1m from any boundary.
1 per lot.
Must be structurally adequate.
All home occupations are exempt development and no standards have been prescribed at the commencement of this Plan.
Must not be for a tennis court or playing field.
Must be directed so as to not cause a nuisance to adjoining properties.
Replacement, recladding or repair of existing roof to the dwelling, residential unit, car port or garage:
(a) must not change roof line,
(b) must use same type of materials as materials prior to the replacement, recladding or repair,
(c) external materials must be of low reflectivity,
(d) stormwater must be directed to an approved drainage system.
Replacement of, or repair to, existing walls to dwelling, residential unit or garage:
(a) must involve no alteration to existing window or door openings,
(b) must use materials other than masonry,
(c) external materials must be of low reflectivity.
Other minor internal alterations to a dwelling, residential unit or associated structure:
(a) must not involve structural work,
(b) must involve alterations or renovations to previously completed buildings only,
(c) must not result in reduced light or ventilation from windows, reduced doorways for egress purposes or enclosure of open areas.
Must involve only the internal fabric or the appearance of the building or work or alterations to the external fabric or appearance of the building or work (being changes that involve the repair or renovation of painting, plastering or other decoration of the building or work).
Alteration must not involve the enlargement or extension of the building.
Must not involve structural work.
Must not result in reduced light or ventilation from windows, reduced doorways for egress purposes or enclosure of open areas.
Must not involve alterations or renovations to previously completed buildings.
Must not change roof line.
Must not change configuration of rooms, whether by removal of existing walls or partitions or by other means.
Building before and after alterations must comply with safety provisions of the Building Code of Australia.
Must not use masonry.
External materials must be of low reflectivity.
Stormwater must be directed to an approved drainage system.
Must not lead to instability of the bed or banks of the waterway.
Must not alter the existing tidal regime of the waterway.
Must not be placed in contravention of Fisheries Habitat Protection Plan No 2 based on seagrass mapping provided by the former NSW Fisheries and available for inspection at the office of the Council.
Must not compromise plans made under the Threatened Species Conservation Act 1995.
Must not threaten items of environmental heritage, either indigenous or non-indigenous.
Must not create the need to construct a new road or dinghy storage facility specifically to provide access between the shore and the mooring.
accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops or refreshment rooms,
(e) transport of patients, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats, and
(b) any facility for providing fuelling, sewage pump-out or other services for boats, and
(c) any facility for launching or landing boats, such as slipways or hoists, and
(d) any associated car parking, commercial, tourist or recreational or club facility that is ancillary to a boat storage facility, and
(e) any associated single mooring.
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
The term is defined as follows:
(1) Native vegetation means any of the following types of indigenous vegetation:(a) trees (including any sapling or shrub, or any scrub),
(b) understorey plants,
(c) groundcover (being any type of herbaceous vegetation),
(d) plants occurring in a wetland.
(2) Vegetation is
indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.(3) Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
The term is defined as follows:
The term is defined as follows:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) that relates to the settlement of the area of the City of Gosford, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for:
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
The term is defined as follows:
The term is defined as follows:
(a) used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(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 water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
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