Hunters Hill Local Environmental Plan (Gladesville Village Centre) 2010 (NSW)
The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Plan is not a standard local environmental plan, standard clauses have been included in this Plan and the clause numbering from that Order has been retained. This means that the numbering in this Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.
This Plan is Hunters Hill Local Environmental Plan (Gladesville Village Centre) 2010.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Hunters Hill.
The particular aims of this Plan are as follows:
(a) to conserve the environmental significance of any items of heritage value within the Gladesville Village Centre (the
Village Centre ),(b) to provide for continued public involvement in the Village Centre,
(c) to provide for an increased enjoyment of the streetscape and public areas of the Village Centre,
(d) to provide for increased opportunities for the creation and utilisation of public domain areas in the Village Centre,
(e) to provide for greater incentives and improved economic feasibility for the installation of street planting, paving, seating, street furniture and other public amenities in the Village Centre,
(f) to improve the provision of public and private car parking in the Village Centre,
(g) to improve pedestrian access and movement from surrounding residential areas in the Village Centre,
(h) to provide for improved solar access in the Village Centre,
(i) to provide economic incentives for the development and redevelopment of commercial and residential floor space in the Village Centre,
(j) to encourage developments that minimise the amount of vehicular traffic generated and support the use of sustainable modes of travel, including public transport, cycling and walking to, from and within the Village Centre.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the Department of Planning’s website.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
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 4B of Part 3 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 36 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
• State Environmental Planning Policy No 1—Development Standards
• State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6 and Parts 3 and 4)
• State Environmental Planning Policy No 60—Exempt and Complying Development
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply:
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows:
• Business Zones B4 Mixed Use
• Special Purpose Zones SP2 Infrastructure
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 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 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.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 2.6 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with consent.
Before granting consent, the consent authority:
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a) with consent, or
(b) if the Schedule so provides—without consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with consent.
However, consent is not required for a subdivision for the purpose only of any one or more of the following:
(a) widening a public road,
(b) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(d) rectifying an encroachment on a lot,
(e) creating a public reserve,
(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
The demolition of a building or work may be carried out only with consent.
If the demolition of a building or work is identified in 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 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 site 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).
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies may be relevant to development on land to which this Plan applies:
• State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
• State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
• State Environmental Planning Policy (Infrastructure) 2007 (relating to public facilities such as those for air transport, correction, education, electricity generation, health services, ports, railways, roads, waste management and water supply systems)
• State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
• State Environmental Planning Policy (Rural Lands) 2008
• State Environmental Planning Policy No 33—Hazardous and Offensive Development
• State Environmental Planning Policy No 50—Canal Estate Development
• State Environmental Planning Policy No 62—Sustainable Aquaculture
• State Environmental Planning Policy No 64—Advertising and Signage
• 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 create a safe and attractive environment.
Nil
Boarding houses; Business premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Multi dwelling housing; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Retail premises; Roads; Seniors housing; Shop top housing; Veterinary hospitals
Any development not 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.
Roads
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a) must be of minimal environmental impact, and
(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development:
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must:
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003.
A heading to an item in Schedule 2 is part of that Schedule.
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c) the development is designated development, or
(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or
(f) the development is on land identified as an environmentally sensitive area.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must:
(a) be permissible, with consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
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 clause are as follows:
(a) to minimise any overshadowing and loss of privacy to neighbouring properties and to reduce the visual impact of any development,
(b) to maximise solar access and amenity of public areas,
(c) to encourage well designed, accessible and viable residential, retail and commercial floor space of a scale and density appropriate to the urban environment.
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 objective of this clause is to limit viable residential, retail and commercial floor space to a density appropriate to the urban environment, while ensuring the bulk and density of development is compatible with the character and capacity of services and vehicular traffic.
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 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 consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If:
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are:
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Director-General has been obtained.
In deciding whether to grant concurrence, the Director-General must consider:
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.
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 Rural Small Holdings, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 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.
At the commencement of this Plan, there was no land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow consent to be granted for development that would contravene any of the following:
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 5.4.
The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Roads and Traffic Authority |
Zone E1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
At the commencement of this Plan, there was no land in Zone RE1 or E1.
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, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 45 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) 10% of the combined gross floor area of the industrial retail outlet and the building or place on which the relevant industry is carried out, 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.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 10 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.
If development for the purposes of a secondary dwelling is permitted under this Plan, 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 both the self-contained dwelling and the principal dwelling.
This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.
The following development may be carried out, but only with consent:
(a) converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of:
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause:
The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.
This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation area.
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.
This clause does not apply to or in respect of:
(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
Heritage items, heritage conservation areas and archaeological sites (if any) are shown on the Heritage Map. The location and nature of any such item, area or site is also described in Schedule 5.
The objectives of this clause are:
(a) to conserve the environmental heritage of Hunters Hill, and
(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and
(c) to conserve archaeological sites, and
(d) to conserve places of Aboriginal heritage significance.
Development consent is required for any of the following:
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building by making structural changes to its interior,
(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, consent under this clause is not required if:
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development:
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
The consent authority may, before granting consent to any development on land:
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a) notify the Heritage Council of its intention to grant consent, and
(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.
The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a) notify the Heritage Council about the application, and
(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:
(a) the conservation of the heritage item is facilitated by the granting of consent, and
(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and
(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
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.
This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without consent, or that is exempt development, under the State Environmental Planning Policy (Infrastructure) 2007.
This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
(Clause 2.5)
(When this Plan was made this Schedule was blank)
(Clause 3.1)
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Maximum area of backboard—2m
Must only be constructed of prefabricated materials.
Must be installed in accordance with manufacturer’s specifications.
Provision repealed under the Standard Instrument (Local Environmental Plans) Order 2006.
May only be carried out on land:
(a) on which there is a heritage item, or
(b) within a heritage conservation area, or
(c) identified in clause 3.3 as an environmentally sensitive area for exempt development,
if the filming does not involve or result in any of the following:
(d) any changes or additions that are not merely superficial and temporary to any part of a heritage item, a heritage conservation area or an environmentally sensitive area,
(e) the mounting or fixing of any object or article on any part of such an item or area (including any building or structure),
(f) the movement, parking or standing of any vehicle or equipment on or over any part of such an item or area that is not specifically designed for the movement, parking or standing of a vehicle or equipment on or over it,
(g) any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area.
Must not create significant interference with the neighbourhood.
The person carrying out the filming must obtain a policy of insurance that adequately covers the public liability of the person in respect of the filming for an amount of not less than $10,000,000.
If the filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12-month period at the particular location.
A filming management plan must be prepared and lodged with the consent authority for the location at least 5 days before the commencement of filming at the location. The plan must contain the following information and be accompanied by the following documents (without limiting the information or documents that may be submitted):
(a) the name, address and telephone number of the person carrying out the filming (such as a production company) and of the producer for the filming,
(b) a brief description of the filming to be carried out (for example, a television commercial, a television series, a feature film or a documentary),
(c) the proposed location of the filming,
(d) the proposed commencement and completion dates for the filming at the location,
(e) the proposed daily length of filming at the location,
(f) the number of persons to be involved in the filming,
(g) details of any temporary structures (for example, tents or marquees) to be erected or used at the location for the purposes of the filming,
(h) the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),
(i) proposed arrangements for parking vehicles associated with the filming during the filming,
(j) whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise, vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),
(k) whether the filming will involve the use of outdoor lighting or any other special effects equipment,
(l) a copy of the public liability insurance policy that covers the filming at the location,
(m) a copy of any approval given by a public or local authority to carry out an activity associated with the proposed filming at the location, such as the following:
(i) an approval by the Roads and Traffic Authority for the closure of a road,
(ii) an approval by the Council for the erection or use of a temporary structure, closure of a road or a public footpath, or a restriction in pedestrian access,
(iii) an approval by the Environment Protection Authority for an open fire,
(iv) an approval by the NSW Police Force for the discharge of firearms,
(v) an approval by the Land and Property Management Authority for the use of Crown land,
(n) details of any temporary alteration or addition to any building or work at the location for the purposes of the filming.
The person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing (by way of a letter-box drop) of the filming to residents within a 50m radius of the location. The notice must contain the following information:
(a) the name and telephone number of the person carrying out the filming (such as a production company) and of a contact representative of that person,
(b) a brief description of the filming to be carried out at the location, and any proposed disruptions to the location or the surrounding area or the amenity of the neighbourhood,
(c) the proposed commencement and completion dates for the filming at the location,
(d) the proposed daily length of filming at the location.
All signage must comply with the following:
(a) must not be on a heritage item,
(b) must be structurally adequate,
(c) must not be flashing or involve moving components,
(d) must not contain advertising other than that relating to the premises on which it is located,
(e) must not be illuminated.
A fascia sign must comply with the following:
(a) may only be located in Zone B4 Mixed Use,
(b) must be flush with the fascia or return end of an awning,
(c) must not project above or below the fascia or return end of the awning,
(d) only 1 sign per premises.
A real estate sign must comply with the following:
(a) maximum area for Zone B4 Mixed Use—3m
2 ,(b) maximum return—200mm,
(c) only 1 sign per road frontage,
(d) must not obstruct pedestrian or road traffic vision or otherwise interfere with public safety,
(e) must be removed within 14 days after the letting or sale of the building, site or premises to which the sign relates.
A top hamper sign must comply with the following:
(a) may only be located in Zone B4 Mixed Use,
(b) may only be painted on or attached to the transom of a doorway or display window at the ground floor level of a building,
(c) only 1 sign per premises,
(d) must not extend below the head of the doorway or window to which it is attached,
(e) must not extend more than 200mm beyond any building alignment.
An under awning sign must comply with the following:
(a) maximum length—2.5m,
(b) maximum height—0.5m,
(c) minimum height above footway—2.6m,
(d) may only be located in Zone B4 Mixed Use,
(e) may only be attached to and hung below an awning,
(f) only 1 sign per premises,
(g) must not project beyond the awning,
(h) must be erected horizontal to the ground,
(i) must be securely attached to the awning.
A window sign must comply with the following:
(a) may only be located in Zone B4 Mixed Use,
(b) may only be displayed on a ground floor shop window,
(c) maximum aggregate area of signs on a window—20% of window area.
Must be installed by a licensed tradesperson.
Must be installed in accordance with AS/NZS 2918:2001, Domestic solid fuel burning appliances—Installation.
May only be erected, used, altered or added to in connection with filming that is exempt development.
Temporary structure must not be at the location for more than 30 days within a 12-month period.
Alteration or addition to the building or work must not remain in place for more than 30 days within a 12-month period.
Temporary structure, or building or work in its altered or added to form, must not be accessible to the public.
May only be used in connection with filming that is exempt development.
Total floor area of all tents or marquees on location at the same time must not exceed 200m
Must be located within at least 3m from any boundary adjoining a public road and at least 1m from any other boundary.
Must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:
(a) 1 exit if the floor area of the tent or marquee does not exceed 25m
2 ,(b) 2 exits in any other case.
Width of each exit must be at least:
(a) 800mm if the floor area of the tent or marquee is less than 150m
2 , or(b) 1m in any other case.
Height of the walls must not exceed:
(a) 4m if erected on private land, or
(b) 5m in any other case.
Height as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee must not exceed 6m.
Must resist loads determined in accordance with the following Australian and New Zealand Standards entitled:
(a) AS/NZS 1170.0:2002, Structural design actions—General principles,
(b) AS/NZS 1170.1:2002, Structural design actions—Permanent, imposed and other actions,
(c) AS/NZS 1170.2:2002, Structural design actions—Wind actions.
Must not remain at the location more than 2 days after the completion of the filming at the location.
(Clause 3.2)
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Information relevant to this Part is also contained in the Act, the Environmental Planning and Assessment Regulation 2000, the Protection of the Environment Operations Act 1997 and the Roads Act 1993.
Must only involve the demolition of an existing structure or building on a site if the demolition is required to accommodate construction of a new structure or building on the site for which development consent has been granted.
Demolition must be carried out in accordance with AS 2601—2001, Demolition of structures.
The floor area of the building must not exceed 300m
Must not be carried out on or within 50m of a heritage item.
Must not be carried out in heritage conservation areas.
Separate occupancies must have been lawfully erected and lawfully permitted.
Previous use must have been a lawful use.
Must not involve any building works.
Must not involve development of a low-rental residential building (within the meaning of Part 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009).
Complying development must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and this Plan.
A contributions plan setting out the contribution requirements towards the provision or improvement of public amenities or public services may specify that an accredited certifier must, under section 94EC of the Act, impose a condition on a complying development certificate requiring the payment of a monetary contribution in accordance with that plan.
A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:
(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or
(b) could cause damage to adjoining lands by falling objects, or
(c) involve the enclosure of a public place or part of a public place.
Note— See the entry in Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for scaffolding, hoardings and temporary construction site fences.
Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.
Each toilet must:
(a) be a standard flushing toilet connected to a public sewer, or
(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or
(c) be a temporary chemical closet approved under the Local Government Act 1993.
A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.
The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
The person having the benefit of the complying development certificate must give at least 2 days’ notice in writing of the intention to commence the works to the owner or occupier of each dwelling that is situated within 20m of the lot on which the works will be carried out.
The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.
Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
Run-off and erosion controls must be effectively maintained until the site has been stabilised and landscaped.
Building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.
Demolition materials and waste materials must be disposed of at a waste management facility.
The work site must be left clear of waste and debris at the completion of the works.
If the complying development is the erection of, or alterations or additions to, a dwelling house, the roof stormwater drainage system must be installed and connected to the drainage system before the roof covering is installed.
Any approval that is required for connection to the drainage system under the Local Government Act 1993 must be held before the connection is carried out.
If the complying development involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the complying development on the site is obtained.
If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.
(Clause 5.2)
Column 1 | Column 2 |
Locality | Description |
Nil |
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
Nil |
Column 1 | Column 2 |
Locality | Description |
Nil |
(Clause 5.10)
Suburb | Item name | Address | Property description | Significance | Item number |
Gladesville | Dunham House | 2 Massey Street | Lot 9, DP 16155 | Local | I1 |
Gladesville | Fire Station | 7A Pittwater Road | Lot 1, DP 231716 | Local | I6 |
Gladesville | Life Saving House | 129 Victoria Road | Lot 155, DP 131136; Pt Lot 56, DP 7341 | Local | I7 |
Gladesville | Houses | 143–145 Victoria Road | Lots A and B, DP 441377 | Local | I2 |
Gladesville | Watling (old Police Station) | 147 Victoria Road | Lot 1, DP 903201 | Local | I3 |
Gladesville | Eleni’s Tavern | 153 Victoria Road | Lot 1, DP 849583 | Local | I4 |
Gladesville | House (old Post Office) | 163 Victoria Road | Lot 1, DP 1057844 | Local | I5 |
Gladesville | Shops/Hotel | 173–183 Victoria Road | Lots 2–5, DP 13770; Lot A, DP 410923 | Local | I11 |
Gladesville | Shops | 197–199 Victoria Road | Lots 1 and 2, DP 201362 | Local | I10 |
Gladesville | Bank | 219 Victoria Road | Lot B, DP 185405 | Local | I9 |
Gladesville | House | 261–263 Victoria Road | Lot 1, DP 947594 | Local | I8 |
Name of Heritage Conservation Area | Identification on Heritage Map | Significance | Map reference |
Hunters Hill Conservation Area No 3 | Shown with red hatching | Local | C3 |
Hunters Hill Conservation Area No 2—The Isler | Shown with red hatching | Local | C2 |
(Clause 1.4)
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
The term is defined as a structure used or to be used principally for the display of an advertisement.
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
(a) animal boarding or training establishments,
(b) aquaculture,
(c) extensive agriculture,
(d) farm forestry,
(e) intensive livestock agriculture,
(f) intensive plant agriculture.
(a) billiards, pool or other like games, or
(b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
The term is defined as follows:
(a) cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or
(b) keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond),
but does not include:
(c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or
(d) anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or
(e) any other thing prescribed by the regulations (made under the Fisheries Management Act 1994).
This Dictionary also contains definitions of
(a) shown on the Heritage Map as an archaeological site, and
(b) the location and nature of which is described in Schedule 5, and
(c) that contains one or more relics.
(a) each dwelling is attached to another dwelling by a common wall, and
(b) each of the dwellings is on its own lot of land (not being an individual lot in a strata plan or community title scheme), and
(c) none of the dwellings is located above any part of another dwelling.
(a) that has shared facilities, such as a communal bathroom, kitchen or laundry, and
(b) that will generally provide accommodation on a bed basis (rather than by room).
(a) meals are provided for guests only, and
(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c) dormitory-style accommodation is not provided.
See clause 5.4 for controls relating to the number of bedrooms.
The term is defined as follows:
(a) genetic diversity—the variety of genes (or units of heredity) in any population,
(b) species diversity—the variety of species,
(c) ecosystem diversity—the variety of communities or ecosystems.
(a) that is wholly or partly let in lodgings, and
(b) that provides lodgers with a principal place of residence for 3 months or more, and
(c) that may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d) that has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, a serviced apartment, seniors housing or hotel or motel accommodation.
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
(a) a building wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
The term is defined as follows:
(a) the establishment or maintenance of fire breaks on land, and
(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.
(a) that indicates:
(i) the name of the person or business, and
(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not include any advertising relating to a person who does not carry on business at the premises or place.
(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b) a service is provided directly to members of the public on a regular basis,
and may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.
(a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to:
(i) dwellings that are permitted on rural land, and
(ii) dwellings that are used for caretaker or staff purposes, or
(b) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
(a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and
(b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre,
but does not include:
(c) a building or place used for home-based child care, or
(d) an out-of-home care service provided by an agency or organisation accredited by the Children’s Guardian, or
(e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or
(g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or
(h) a service that is concerned primarily with the provision of:
(i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or
(ii) private tutoring, or
(i) a school, or
(j) a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.
The term is defined as follows:
(a) a main road,
(b) a highway,
(c) a freeway,
(d) a controlled access road,
(e) a secondary road,
(f) a tourist road,
(g) a tollway,
(h) a transitway,
(i) a State work.
(See Roads Act 1993 for meanings of these terms.)
The term is defined as follows:
(a) cutting down, felling, thinning, logging or removing native vegetation,
(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.)
(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.
Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
(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.
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 Hunters Hill, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
See clause 5.4 for controls relating to the gross floor area.
(a) agricultural produce industry, or
(b) livestock processing industry, or
(c) use of composting facilities and works (including to produce mushroom substrate), or
(d) use of sawmill or log processing works, or
(e) use of stock and sale yards, or
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,
undertaken for commercial purposes.
(a) is established in conjunction with another dwelling (the
principal dwelling ), and(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
See clause 5.4 for controls relating to the total floor area.
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for:
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows:
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
The term is defined as follows:
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
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