Ku-ring-gai Local Environmental Plan (Town Centres) 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 Ku-ring-gai Local Environmental Plan (Town Centres) 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 Ku-ring-gai Town Centres 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 establish a hierarchy of centres for Ku-ring-gai,
(b) to facilitate the development of the centres to enhance Ku-ring-gai’s economic role and cater to the retail and commercial needs of the local community,
(c) to provide a variety of housing choice within and adjacent to the centres,
(d) to protect, enhance and manage land having special aesthetic, ecological, social, cultural or conservation values for the benefit of present and future generations.
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.
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
• State Environmental Planning Policy No 53—Metropolitan Residential 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:
• Residential Zones R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
• Business Zones B2 Local Centre
B4 Mixed Use
B5 Business Development
B7 Business Park
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
• Recreation Zones RE1 Public Recreation
• Environment Protection Zones E2 Environmental Conservation
E4 Environmental Living
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:
(i) additional lots or the opportunity for additional dwellings, or
(ii) lots that are smaller than the minimum size shown on the Lot Size Map in relation to the land concerned,
(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.
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 in particular 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 for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide housing that is compatible with the existing environmental character of Ku-ring-gai.
Home-based child care; Home occupations
Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dwelling houses; Earthworks; Educational establishments; Environmental protection works; Group homes; Health consulting rooms; Home businesses; Home industries; Hospitals; Neighbourhood shops; Places of public worship; Recreation areas; Roads; Secondary dwellings; Seniors housing
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Home-based child care; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dwelling houses; Earthworks; Educational establishments; Environmental protection works; Group homes; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Roads; Seniors housing; Shop top housing
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Home occupations
Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dwelling houses; Earthworks; Educational establishments; Environmental protection works; Home businesses; Home industries; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Residential flat buildings; Roads; Seniors housing; Shop top housing
Any development not specified in item 2 or 3
• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
• To encourage employment opportunities in accessible locations.
• To maximise public transport patronage and encourage walking and cycling.
Home-based child care; Home occupations
Boarding houses; Business premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Service stations; Shop top housing; Tourist and visitor accommodation; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Attached dwellings; Biosolids treatment facilities; Bulky goods premises; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Group homes; Industrial retail outlets; Industries; Landscape and garden supplies; Mortuaries; Multi dwelling housing; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential flat buildings; Restricted premises; Rural supplies; Secondary dwellings; Semi-detached dwellings; Sewage treatment plants; Storage premises; Timber and building supplies; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource management facilities; Wholesale supplies
• 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 integrity and viability of adjoining local centres by providing for a range of “out-of-centre” retail uses such as bulky goods premises and compatible business activities.
Home-based child care; Home occupations
Boarding houses; Business premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Attached dwellings; Biosolids treatment facilities; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Extractive industries; Farm stay accommodation; Forestry; Freight transport facilities; Hazardous storage establishments; Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Mortuaries; Multi dwelling housing; Offensive storage establishments; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restricted premises; Rural supplies; Secondary dwellings; Self-storage units; Semi-detached dwellings; Sewage treatment plants; Timber and building supplies; Transport depots; Waste or resource management facilities; Wholesale supplies
• To enable a mix of business and warehouse uses, and specialised retail uses that require a large floor area, in locations that are close to, and that support the viability of, centres.
Nil
Child care centres; Hotel or motel accommodation; Light industries; Passenger transport facilities; Roads; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Amusement centres; Biosolids treatment facilities; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Hazardous storage establishments; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Mortuaries; Offensive storage establishments; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Roadside stalls; Rural supplies; Self-storage units; Sewage treatment plants; Timber and building supplies; Tourist and visitor accommodation; Transport depots; Vehicle sales or hire premises; Waste or resource management facilities; Wholesale supplies
• To provide a range of office and light industrial uses.
• To encourage employment opportunities.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
Nil
Child care centres; Hotel or motel accommodation; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Roads; Truck depots; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Amusement centres; Biosolids treatment facilities; Bulky goods premises; Caravan parks; Cellar door premises; Cemeteries; Correctional centres; Crematoria; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Hazardous storage establishments; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial retail outlets; Industries; Landscape and garden supplies; Liquid fuel depots; Markets; Mortuaries; Offensive storage establishments; Port facilities; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Restricted premises; Roadside stalls; Rural supplies; Sewage treatment plants; Shops; Tourist and visitor accommodation; Vehicle sales or hire premises; Waste or resource management facilities; Wholesale supplies
• To provide for special land uses that are 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.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose.
Any development not specified in item 2 or 3
• To provide for 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; Earthworks; Roads
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Environmental protection works
Car parks; Caravan parks; Community facilities; Earthworks; Environmental facilities; Food and drink premises; Kiosks; Recreation areas; Recreational facilities (indoor); Recreational facilities (major); Recreational facilities (outdoor); Roads; Signage
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
Environmental protection works
Earthworks; Environmental facilities; Roads
Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
• To permit residents to work at home where there is no significant adverse effect on those values or on the amenity of the locality.
• To prevent further fragmentation of ecological communities, biodiversity corridors or other significant vegetation.
Environmental protection works; Home-based child care; Home occupations
Bed and breakfast accommodation; Dwelling houses; Group homes; Home businesses; Home industries; Recreation areas; Roads; Secondary dwellings
Industries; Service stations; Warehouse or distribution centres; Any other 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 ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls,
(b) to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features including heritage items, remnant vegetation, habitat and waterways,
(c) to ensure that subdivision of low density residential and environmental living sites reflects and reinforces the predominant subdivision pattern of the area,
(d) to ensure that lot sizes and dimensions of medium and high density residential sites allow for generous landscaped areas and front setbacks to support the desired future character of these areas.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
In addition to subclause (3), development consent must not be granted for the subdivision of land to create a lot on which the erection of a dwelling house is permissible if the subdivision would result in a lot that is less than 18 metres wide at 12 metres from the street frontage of the lot.
Despite subclauses (3) and (3A), development consent may be granted for the subdivision of land to create a lot on which the erection of a dwelling house is permissible if the subdivision would result in the creation of a battle-axe lot that has a minimum size of:
(a) if the minimum size of any non-battle-axe lot resulting from the subdivision and shown on the Lot Size Map is the size specified in Column 1 of the Table to this subclause—the size specified opposite that in Column 2 of the Table, or
(b) if the land is in Zone E4 Environmental Living and the minimum size of any non-battle-axe lot resulting from the subdivision and shown on the Lot Size Map is the size specified in Column 1 of the Table—the size specified opposite that in Column 3 of the Table.
The area specified in Column 2 and Column 3 is exclusive of the area of any access corridor that forms part of the lot.
Table
Column 1 | Column 2 | Column 3 |
790m | 1,100m | 1,850m |
840m | 1,170m | 1,850m |
930m | 1,300m | 1,850m |
If under Schedule 1 the erection of a dual occupancy (detached) is permissible on a lot, development consent may, despite subclauses (3) and (3A), be granted for the subdivision of that lot if a dual occupancy (detached) has been erected on that lot and the lot has an area of not less than 550m
Despite subclauses (3) and (3A), development consent must not be granted for the subdivision of land to create a lot on which the erection of multi dwelling housing or a residential flat building is permissible unless the subdivision would result in the creation of a lot for that purpose with at least one street frontage of not less than 23 metres.
This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.
The objectives of this clause are as follows:
(a) to ensure that height of development is appropriate for the scale of the different centres within the hierarchy of Ku-ring-gai town centres,
(b) to establish an interface between the centres and the adjoining lower density residential and open space zones,
(c) to enable development with a built form that is compatible with the size of the land to be developed.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
Despite subclause (2), the maximum height of a building on land in Zone R4 High Density Residential with a site area within the specified range in Column 1 of the Table to this subclause must not exceed the maximum height specified in Column 2 of the Table.
Table
Column 1 | Column 2 |
Less than 1,800m | 11.5 metres |
1,800m | 14.5 metres |
The objectives of this clause are as follows:
(a) to ensure that development density is appropriate for the scale of the different centres within the hierarchy of Ku-ring-gai town centres,
(b) to enable development with a built form that is compatible with the size of the land to be developed,
(c) to provide an appropriate correlation between the extent of any residential development and the environmental constraints of a site,
(d) to ensure that development density provides a balanced mix of uses in buildings in the business zones.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
Despite subclause (2), the maximum floor space ratio for development on land in Zone R2 Low Density Residential with a site area within the specified range in Column 1 of the Table to this subclause must not exceed the ratio specified in Column 2 of the Table.
Table
Column 1 | Column 2 |
Over 1,700m | 0.3:1 |
More than 1,000m | ((170 + (0.2 × site area) / site area):1 |
More than 800m | ((120 + (0.25 × site area) / site area):1 |
800m | 0.4:1 |
Despite subclause (2), the maximum floor space ratio for development on land in Zone R4 High Density Residential with a site area within the specified range in Column 1 of the Table to this subclause must not exceed the ratio specified in Column 2 of the Table.
Table
Column 1 | Column 2 |
Less than 1,800m | 0.8:1 |
1,800m | 1.0:1 |
Despite subclause (2), the maximum floor space ratio for development on land in Zone E4 Environmental Living with a site area within the specified range in Column 1 of the Table to this subclause must not exceed the ratio specified in Column 2 of the Table.
Table
Column 1 | Column 2 |
Over 1,500m | ((250 + (0.15 × site area) / site area):1 |
More than 1,000m | ((170 + (0.20 × site area) / site area):1 |
More than 800m | ((120 + (0.25 × site area) / site area):1 |
800m | 0.4:1 |
Despite subclauses (2) and (2A), if a dual occupancy (detached) is permissible on land under Schedule 1, the maximum floor space ratio for the dual occupancy (detached) must not exceed 0.4:1.
Despite subclause (2), the floor space ratio for development specified in Column 2 of the Table to this subclause in an area specified opposite in Column 1 of the Table (shown on the Floor Space Ratio Map and edged blue) must not exceed the ratio for that development specified opposite in Column 3 of the Table.
Table
Column 1 | Column 2 | Column 3 |
Area | Development | Floor space ratio |
Area 1 | Business premises or office premises | Maximum 1.0:1 |
Area 2 | Retail premises | Maximum 1.0:1 |
Area 3 | Retail premises | Maximum 2.0:1 |
Area 4 | Business premises, office premises or retail premises | Maximum 1.0:1 |
Area 5 | Business premises, office premises or retail premises | Maximum 1.2:1 |
Area 6 | Business premises, office premises or retail premises | Maximum 1.3:1 |
Area 7 | Business premises, office premises or retail premises | Maximum 1.6:1 |
Despite subclauses (2) and (2E), the floor space ratio in Area 1, shown on the Floor Space Ratio Map and edged blue, for business premises and for office premises must not be less than 0.5:1.
The objectives of this clause are as follows:
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to:
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area:
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When 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.
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 |
Zoned SP2 Infrastructure and marked “Local road” | Council |
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
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.
The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 15 metres from any zone boundary shared with Zone SP1 Special Activities or SP2 Infrastructure.
This clause does not apply to:
(a) land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or
(ab) land zoned R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, B2 Local Centre, B4 Mixed Use, B5 Business Development or B7 Business Park, or
(b) land within the coastal zone, or
(c) land proposed to be developed for the purpose of sex services or restricted premises.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
The clause does not prescribe a development standard that may be varied under this Plan.
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area.
If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 70 square metres of floor area.
Not applicable
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 2 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 100 square metres.
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 10 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) 25% 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 Ku-ring-gai, 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.
The objective of this clause is to provide site requirements for development for the purposes of multi dwelling housing and residential flat buildings so as to provide for the orderly and economic development of residential land while maintaining the local character.
Despite any other provision of this Plan, development consent must not be granted for the erection of multi dwelling housing or a residential flat building on a lot in a residential zone unless the lot has one street frontage of at least:
(a) if the area of the land is less than 1,800 square metres—23 metres, or
(b) if the area of the land is 1,800 square metres or more—30 metres.
Despite subclause (2), development consent must not be granted for the erection of multi dwelling housing or a residential flat building on a following lot unless the lot has an area of 5,000 square metres or more:
(a) lots known as 1440, 1444, 1444A, 1444B, 1446, 1446A, 1448, 1450, 1452, 1454, 1456, 1456A and 1458 Pacific Highway, Turramurra,
(b) lots known as 1, 3, 5, 7, 9, 11 and 15 Lamond Drive, Turramurra.
Despite subclause (2), development consent may be granted for the erection of multi dwelling housing or a residential flat building on a battle-axe lot in a residential zone even if the lot does not satisfy those street frontage requirements.
The objective of this clause is to ensure active uses are provided at the street level in business zones to encourage the presence and movement of people.
This clause applies to land in the following zones:
(a) Zone B2 Local Centre,
(b) Zone B4 Mixed Use,
(c) Zone B5 Business Development.
Despite any other provision of this Plan, development consent must not be granted for development for the purposes of a building on land to which this clause applies unless the consent authority is satisfied that the ground floor of the building:
(a) will not be used for the purposes of residential accommodation, and
(b) will provide uses and building design elements that encourage interaction between the inside of a building and the external public areas adjoining the building.
Subclause (3) (b) does not apply to any part of a building that:
(a) faces a service lane that does not require active street frontages, or
(b) is used for a following purpose:
(i) a lobby for a commercial, residential, serviced apartment or hotel component of the building,
(ii) access for fire services,
(iii) vehicle access.
The objective of this clause is to control building frontages to streets for the following purposes:
(a) to ensure that, visually, buildings have an appropriate overall horizontal proportion compared to their vertical proportions,
(b) to ensure that vehicular access is reasonably spaced and separated along roads and lanes,
(c) to provide appropriate dimensions for the design of car parking levels.
Despite any other provision of this Plan, development consent must not be granted for the erection of a building on land in Zone B2 Local Centre, Zone B4 Mixed Use or Zone B5 Business Development if the land does not have a primary street frontage of at least 20 metres.
Despite subclause (2), the consent authority may grant consent to the erection of a building on land referred to in that subclause if the consent authority is of the opinion that:
(a) due to the physical constraints of the site or an adjoining site or sites, it is not possible for the building to be erected with at least one street frontage of at least 20 metres, and
(b) the development is consistent with the aims and objectives of this Plan.
The objectives of this clause are as follows:
(a) to deliver the highest standard of urban and architectural design outcomes for Key Sites in the Ku-ring-gai town centres,
(b) to encourage the amalgamation of sites to provide opportunities for the expansion of, or improvements to, the public domain.
This clause applies to land that is a Key Site.
A development proposal for the erection of a new building on land that is a Key Site may be eligible for additional height and floor space ratio in accordance with subclause (5) if the land:
(a) has an area of 2,000 square metres or more, or
(b) has a primary street frontage of 36 metres or more.
In deciding whether a development proposal is eligible for additional height and floor space ratio, the Urban Design Excellence Panel must be satisfied that:
(a) the proposal demonstrates urban design excellence, and
(b) the site planning, building form and external appearance of the proposed development will improve the quality and amenity of the public domain on and surrounding the site, and
(c) a very high standard of architectural design, materials and detailing, appropriate to the building type and location, will be achieved, and
(d) the proposal addresses the following matters:
(i) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(ii) the achievement of the principles of ecologically sustainable development,
(iii) pedestrian, cycle, vehicular and service access and circulation requirements, and
(e) the proposal allows the development of adjoining sites in a way that is consistent with this Plan.
If the Urban Design Excellence Panel is satisfied the proposal meets the requirements of subclause (4), the consent authority may grant development consent in accordance with the following:
(a) despite clause 4.3, if the maximum height (the
standard height ) for the building as specified for the land on the Height of Buildings Map is not more than a standard height specified in Column 1 of the Table to this paragraph, the maximum height (thenew height ) of the building may be up to the new height specified in Column 2 of the Table opposite the standard height,Table
Column 1
Column 2
Standard height
New height
17.5 metres
20.5 metres
20.5 metres
23.5 metres
23.5 metres
26.5 metres
26.5 metres
29.5 metres
29.5 metres
32.5 metres
(b) despite clause 4.4, if the maximum floor space ratio (the
standard ratio ) for the building as specified for the land on the Floor Space Ratio Map is not more than a standard ratio specified in Column 1 of the Table to this paragraph, the maximum floor space ratio (thenew ratio ) for the building may be up to the new ratio specified in Column 2 of the Table opposite the standard ratio.Table
Column 1
Column 2
Standard ratio
New ratio
2.0:1
2.3:1
2.5:1
3.0:1
3.0:1
3.5:1
3.5:1
4.0:1
In this clause:
The objective of this clause is to protect, maintain and improve the diversity and condition of native vegetation and habitat, including:
(a) protecting biological diversity of native flora and fauna, and
(b) protecting the ecological processes necessary for their continued existence, and
(c) encouraging the recovery of threatened species, communities, populations and their habitats, and
(d) protecting, restoring and enhancing biodiversity corridors.
This clause applies to development on land that is identified as “Areas of Biodiversity Significance” on the Natural Resources Sensitivity—Biodiversity Map.
Before granting development consent for development on land to which this clause applies, the consent authority must consider:
(a) the impact of the proposed development on the following:
(i) any native vegetation community,
(ii) the habitat of any threatened species, population or ecological community,
(iii) any regionally significant species of plant, animal or habitat,
(iv) any biodiversity corridor,
(v) any wetland,
(vi) the biodiversity values within any reserve,
(vii) the stability of the land, and
(b) any proposed measure to be undertaken to ameliorate any potential adverse environmental impact, and
(c) any opportunity to restore or enhance remnant vegetation, habitat and biodiversity corridors.
Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:
(a) is consistent with the objectives of this clause, and
(b) is designed, and will be sited and managed, to avoid any potential adverse environmental impact or, if a potential adverse environmental impact cannot be avoided:
(i) the development minimises disturbance and adverse impacts on remnant vegetation communities, habitat and threatened species and populations, and
(ii) measures have been considered to maintain native vegetation and habitat in parcels of a size, condition and configuration that will facilitate biodiversity protection and native flora and fauna movement through biodiversity corridors, and
(iii) the development avoids clearing steep slopes and facilitates the stability of the land, and
(iv) measures have been considered to achieve no net loss of significant vegetation or habitat.
In this clause:
The objectives of this clause are:
(a) to protect or improve:
(i) water quality in waterways, and
(ii) stability of the bed and banks of waterways, and
(iii) aquatic and riparian habitats, and
(iv) ecological processes in waterways and riparian areas, and
(v) threatened aquatic species, communities, populations and their habitats, and
(vi) scenic and cultural heritage values of waterways and riparian areas, and
(b) where practicable, to provide for the rehabilitation of existing piped or channelised waterways to a near natural state.
This clause applies to development on land that is identified on the Natural Resources Sensitivity—Riparian Lands Map as:
(a) Category 2, or
(b) Category 3, or
(c) Category 3a.
Before granting development consent for development on land to which this clause applies, the consent authority must consider the impact of the proposed development on the following:
(a) water quality in the waterway, and the natural hydrological regime,
(b) aquatic and riparian habitats and ecosystems,
(c) stability of the bed, shore and banks of the waterway,
(d) the movement of aquatic and terrestrial native species,
(e) habitat of any threatened species, population or ecological community,
(f) public access to, and use of, any public waterway and its foreshores,
(g) any opportunities for maintenance, rehabilitation or re-creation of watercourses, aquatic and riparian vegetation and habitat.
Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:
(a) is consistent with the objectives of this clause, and
(b) is designed, and will be sited and managed, to avoid any potential adverse environmental impact or, if a potential adverse environmental impact cannot be avoided, the development:
(i) is designed and sited so as to have minimum adverse impacts, and
(ii) incorporates effective measures so as to have minimal adverse environmental impact, and
(iii) mitigates any adverse environmental impact through the rehabilitation or remediation of any existing disturbed or artificially modified riparian area on the site.
Despite any other provision of this Plan, development consent must not be granted for development for the purposes of sex services premises if the premises will be located on land that adjoins, or that is separated only by a road, other than a classified road, from land:
(a) in Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential or Zone E4 Environmental Living, or
(b) used for community facilities, schools or places of public worship, or
(c) in Zone RE1 Public Recreation.
In deciding whether to grant consent to any such development, the consent authority must take into account the impact that the proposed development would have on children who use land referred to in subclause (1) that adjoins, or that is separated only by a road, other than a classified road, from land where the development is proposed.
(Clause 2.5)
This clause applies to land at 7 Burgoyne Street, Gordon, being Lot 1, DP 81938.
Development for the purpose of a dual occupancy (detached) is permitted with consent.
This clause applies to land at 30–36 Henry Street, Gordon, being Lot B, DP 945897, Lot 1, DP 940309, Lot 1, DP 178704 and Lot 8, DP 15724.
Development for the purposes of business premises or office premises, or both, to a maximum floor space ratio of 0.5:1, is permitted with consent.
This clause applies to land at 2 Forsyth Street, Killara, being Lot B, DP 398529.
Development for the purpose of a dual occupancy (detached) is permitted with consent.
This clause applies to land at 3 and 3A Beaconsfield Parade and 2–16 and 1–7 Bent Street, Lindfield, being Lots 1, 2 and 3, DP 318518, Part Lot 9, DP 3498, Part Lot 9, DP 1090427, Lot 10, DP 3498, Lot 3, DP 667420, Lot 1, DP 724823, Lot 1, 980108, Lot 5, DP 666521, Lot 1, DP 960015, Lot 1, DP 935936, Lot 1, DP 960014, Lot 10, DP 305356 and Lots 2, 3 and 4, DP 10126.
Development for the purposes of office premises, to a maximum floor space ratio of 0.3:1, is permitted with consent.
This clause applies to land at 15 Highfield Road, Lindfield, being Lot 5, DP 241714.
Development for the purpose of a dual occupancy (detached) is permitted with consent.
This clause applies to land at 2 Highgate Road, Lindfield, being Lot 103, DP 6608.
Development for the purpose of a dual occupancy (detached) is permitted with consent.
This clause applies to land at 2–2A and 4 Milray Street, Lindfield, being Part Lot 100, DP 1099570.
Development for the purposes of business premises or office premises, or both, to a maximum floor space ratio of 0.3:1, is permitted with consent.
This clause applies to land at 8 Provincial Road, Lindfield, being Lot A, DP 325229.
Development for the purpose of a dual occupancy (detached) is permitted with consent.
(a) the cultivation of irrigated crops (other than irrigated pasture or fodder crops),
(b) horticulture,
(c) turf farming,
(d) viticulture.
See clause 5.4 for controls relating to the gross floor area.
(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:
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
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.
Typical natural water-based aquaculture is fin fish culture in cages and oyster, mussel or scallop culture on or in racks, lines or cages.
See clause 5.4 for controls relating to the retail floor area.
(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 Ku-ring-gai, 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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