Leichhardt Local Environmental Plan 2000 (NSW)

Case
No judgment structure available for this case.
Part 1Administration1Name of the Plan

This Plan is called Leichhardt Local Environmental Plan 2000 and is referred to as the Plan throughout this document.

2Purpose of the Plan

The purpose of the Plan is to provide a framework for the Council to carry out its responsibility for environmental planning provisions. The Plan has a vision and objectives which are implemented through provisions and development control tables. These provisions, when implemented together with the detailed policies, standards and performance criteria of development control plans, will facilitate the achievement of the Plan’s objectives.

3Land to which the Plan applies

The Plan applies to all land in the Leichhardt local government area as shown on the Zoning Map, except—

  • (a)

    the land shown as deferred on that map and known as 1 The Crescent, Annandale, and

  • (b)

    the land shown as deferred on that map and known as the State Rail Authority site, being land bounded by Balmain Road, City West Link Road, Moore Street West and Derbyshire Street, Leichhardt, and

  • (c)

    any land to which Sydney Regional Environmental Plan No 26—City West applies that is within that area, and

  • (d)

    any land to which Sydney Local Environmental Plan 2012 applies.

cl 3: Am 2012 (628), Sch 6.1.

4Effect of the Plan on other environmental planning instruments(1)

The Plan repeals all other local environmental plans and deemed environmental planning instruments that, immediately before the Plan took effect, applied to the land to which the Plan applies, except to the extent they relate to land shown as deferred on the Zoning Map.

(2)

The Plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10)—

Leichhardt local government area

5Consent authority for the Plan

The Council is the consent authority for the purposes of the Plan, except as provided by or under the Act.

6Exempt and complying development(1)

Development of minimal environmental impact listed as exempt development in Development Control Plan No 35 is exempt development.

(2)

Development listed as complying development in Development Control Plan No 35 is complying development if—

  • (a)

    it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

  • (b)

    it is not an existing use, as defined by section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 35.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 35.

(5)

In this clause, references to Development Control Plan No 35 are references to the provisions of that development control plan as adopted on 25 November 2003.

cll 6: Am 2.4.2004.

7General provisions in relation to the development of land(1)

The following zones are applicable to land to which the Plan applies—

  • •

    Residential Zone,

  • •

    Business Zone,

  • •

    Industrial Zone,

  • •

    Open Space Zone,

  • •

    Public Purpose Zone.

Land is included in a zone if it is shown on the Zoning Map in the manner specified in that zone’s development control table in the Plan.

(2)

Except as otherwise provided by the Plan, development of land within a zone that—

  • (a)

    may be carried out with or without development consent, or

  • (b)

    is prohibited,

is specified in the development control table for the zone.

(3)

Consent must not be granted for development proposed within a zone unless the consent authority has taken into consideration such of the objectives of the Plan as are relevant to the proposal and is satisfied that the development is consistent with those objectives.

For the purposes of this subclause, in the event of an inconsistency between the general objectives of the Plan and a specific objective applicable to the proposed use, the specific objective applicable to the proposed use prevails.

8Definition of terms used in the Plan

In the Plan—

  • (a)

    words defined in Schedule 3 have their defined meanings which may differ from their everyday meanings, and

  • (b)

    a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

  • (c)

    a reference to a map is a reference to a map kept at the office of the Council.

9Model provisions

This Plan adopts clauses 8 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

cll 9: Am 2.4.2004.

10The use of explanatory notes

Explanatory notes to the Plan, including any notes within boxes, do not form part of the Plan, nor does the list of its contents.

11Optional saving for undetermined applications(1)

Any development application lodged but not finally determined prior to the commencement of the Plan is to be assessed and determined under the provisions of the environmental planning instruments and development control plans that were in force immediately before that commencement.

(2)

However, when assessing and determining a development application to which subclause (1) applies, the consent authority must have regard to the provisions of the Plan and development control plans approved for the purposes of the Plan as if they had been exhibited under the Act but had not been made or approved.

(3)

Subclauses (1) and (2) do not apply to a development application if the applicant has given the Council a written request for the application to be assessed and determined under the Plan.

11ASavings provisions relating to development applications

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

cl 11A: Ins 2023 (524), Sch 1.1[3].

Part 2Vision, general objectives and planning principles12Vision of the Plan

The vision of the Plan is to conserve and enhance the quality and diversity (social and physical) of the natural, living, working and leisure environments of the local government area of Leichhardt. The protection of the amenity of residents should be pre-eminent.

13General objectives(1)

The general objective for ecologically sustainable development is to encourage the incorporation of the principles of ecologically sustainable development in the design and management of the built and natural environment to—

  • (a)

    provide for the preservation of natural resources to ensure their availability for the benefit of future generations, and

  • (b)

    minimise negative impacts of urban development on the natural, social, physical and historical environment, and

  • (c)

    maintain and enhance the quality of life, both now and for the future.

(2)

The general objective for the built and natural environment and amenity is to encourage the design of buildings, structures and spaces which are compatible with the character, form and scale of the area to—

  • (a)

    protect and enhance the area’s natural features, character and appearance, and

  • (b)

    protect, conserve and enhance the area’s heritage, and

  • (c)

    provide an environment meeting the principles of good urban design, and

  • (d)

    maintain amenity and contribute to a sense of place and community, and

  • (e)

    provide an environment which is visually stimulating, while being easy to manage and maintain, and

  • (f)

    provide adequate access and linkages to public open space, and

  • (g)

    accommodate the existing and future needs of the locality concerned, and

  • (h)

    protect and conserve ecologically sensitive land, particularly that which is visually exposed to the waters of Sydney Harbour and the Parramatta River and of natural or aesthetic significance at the water’s edge.

(3)

The general objective for transport and access is to encourage the integration of the residential and non-residential land uses with public and private transport and improve access to—

  • (a)

    reduce the need for car travel and subsequent pressure on the existing road networks, and

  • (b)

    maximise utilisation of existing and future public transport facilities, and

  • (c)

    maximise the opportunity for pedestrian and cycle links, and

  • (d)

    identify and ameliorate adverse impacts of all transport modes on the environment, and

  • (e)

    improve road safety for all users, particularly pedestrians and cyclists.

(4)

The general objective for arts and cultural activity is to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 13: Am 2.4.2004; 2020 (724), Sch 1.8.

14

(Repealed)

cl 14: Rep 2.4.2004.

Part 3Heritage conservation15Objectives

The objectives of the Plan in relation to heritage conservation are as follows—

  • (a)

    to protect, conserve and enhance the cultural heritage and the evidence of cultural heritage, including places, buildings, works, relics, townscapes, landscapes, trees, potential archaeological sites and conservation areas, and provide measures for their conservation,

  • (b)

    to protect, conserve and enhance the character and identity of the suburbs, places and landscapes of Leichhardt, including the natural, scenic and cultural attributes of the Sydney Harbour foreshore and its creeks and waterways, surface rock, remnant bushland, ridgelines and skylines,

  • (c)

    to prevent undesirable incremental change, including demolition, which reduces the heritage significance of places, conservation areas or heritage items,

  • (d)

    to allow compatible and viable adaptation and re-use of the fabric of heritage significance,

  • (e)

    to ensure the protection of relics and places of Aboriginal cultural significance in liaison with the Aboriginal community.

cl 15: Subst 2.4.2004.

16General provisions for the development of land(1)

Consent is required for all development on the site of a heritage item.

(2)

Consent must not be granted for any development in respect of a heritage item unless the consent authority has assessed a statement that—

  • (a)

    describes the significance of the heritage item as part of the environmental heritage of Leichhardt, and

  • (b)

    addresses the extent of the impact of the development on the conservation and heritage significance of the item in terms of—

    • (i)

      its fabric,

    • (ii)

      the age of the building or structure,

    • (iii)

      any stylistic or horticultural features of its setting,

    • (iv)

      any potential for archaeology,

    • (v)

      any historic subdivision pattern in the vicinity, and

  • (c)

    sets out any steps to be taken to mitigate any adverse impact of the proposed development on the environmental heritage of Leichhardt.

(3)

Unless the consent authority has considered a conservation management plan, it must not grant consent for development on land which is—

  • (a)

    the site of a heritage item identified in Schedule 2 as having State significance,

  • (b)

    the site of a heritage item that pre-dates 1840, or

  • (c)

    a place identified in Schedule 2 as having archaeological significance.

Items listed on the State Heritage Register for the time being are taken to have State significance for the purposes of the Plan, whether or not that listing is recorded in Schedule 2.

(4)

Consent must not be granted for development on land which comprises an archaeological site or is a potential archaeological site unless the consent authority is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(5)

Consent must not be granted for development on land which comprises an Aboriginal site or that the Council considers is a potential Aboriginal site, unless the consent authority—

  • (a)

    has notified the Council’s Aboriginal Consultative Committee, Boomalli Aboriginal Artists Co-operative and the Metropolitan Local Aboriginal Land Council, and

  • (b)

    has considered any matters raised by each of those bodies within 21 days of the notification, and

  • (c)

    is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(6)

Nothing in the Plan prevents consent from being granted for the use of a heritage item for any purpose, if the consent authority is satisfied that—

  • (a)

    the proposed use would not adversely affect the heritage significance of the item, and

  • (b)

    the proposed use will ensure the conservation of the heritage item, where it is a building, and

  • (c)

    the amenity of the area will not be adversely affected.

(7)

Consent must not be granted for development on land in the vicinity of a heritage item, unless the consent authority has made an assessment of the effect the carrying out of that development will have on the heritage significance of the heritage item and its setting as well as on any significant views to and from the heritage item.

(8)

Consent must not be granted for the demolition, reconstruction, adaptation or erection of a building, the carrying out of a work, or the subdivision of land, within a conservation area unless the consent authority has made an assessment of the extent to which the carrying out of the development would affect the heritage significance of the conservation area, with particular regard to—

  • (a)

    the heritage significance of any building, work, relic, tree or place, archaeological site or potential archaeological site or Aboriginal site that would be affected, and the contribution it makes to the conservation area, and

  • (b)

    the compatibility of the proposed development with the conservation area, including the size, form, scale, orientation, siting, materials, landscaping and details of the proposed development.

cl 16: Am 2008 (571), Sch 3.103 [1] [2].

Part 4Housing17Objectives

The objectives of the Plan in relation to housing are as follows—

  • (a)

    to provide development standards to ensure that the density and landscaped areas of new housing are complimentary to and compatible with the style, orientation and pattern of surrounding buildings, works and landscaping and to take into account the suite of controls in Leichhardt Development Control Plan 2000 to achieve the desired future character,

  • (b)

    to provide landscaped areas that are suitable for substantial tree planting and of a size and location suitable for the use and enjoyment of residents,

  • (c)

    to provide for a minimum residential allotment size in order to protect the area’s diverse subdivision pattern and to ensure the orderly and economic use and development of residential land,

  • (d)

    to provide a diverse range of housing in terms of size, type, form, layout, location, affordability and adaptability to accommodate the varied needs of the community, including persons with special needs,

  • (e)

    to improve opportunities to work from home.

cl 17: Subst 2.4.2004.

18Development control table: Residential Zone

The following Table applies to development within the Residential Zone—

The Residential Zone provides for residential development and allows, with consent, other uses which are compatible with residential amenity.

Land within this zone is shown coloured pink on the Zoning Map.

Exempt development.

Development for the purpose of—

  • •

    advertisements

  • •

    bed and breakfast accommodation

  • •

    boarding houses

  • •

    boatsheds

  • •

    child care facilities

  • •

    community facilities

  • •

    community gardens

  • •

    dwellings

  • •

    educational establishments

  • •

    exhibition homes

  • •

    group homes

  • •

    health care premises

  • •

    high impact telecommunication facilities

  • •

    home based employment

  • •

    hospitals

  • •

    housing for seniors or people with a disability

  • •

    local shops

  • •

    places of public worship

  • •

    playgrounds

  • •

    public transport stops

  • •

    recreation areas

  • •

    roads

Demolition

Subdivision

Any development not included in item (2) or (3).

cl 18: Am 2.4.2004; 2007 (641), Sch 5.22 [1] [2].

19General provisions for the development of land(1)

In this clause—

Density area means land shown as a density area by heavy black edging on the Density Map.

(2)

Except where the development is carried out in accordance with clause 23 (1), consent must not be granted to the carrying out of residential development on land within a density area if it will result in the floor space ratio exceeding the ratio shown for the density area in the following Table—

Table

Density area

Maximum floor space ratio

Leichhardt

0.5:1

Annandale

0.6:1

Balmain

0.7:1

Glebe

0.7:1

(3)

Except where the development is carried out in accordance with clause 23 (1)—

  • (a)

    the minimum landscaped area for residential development is 40% of the site area, and

  • (b)

    25% of the landscaped area required under paragraph (a)—

    • (i)

      is to be on natural or unpaved ground that is not overhung by or on top of any structure, and

    • (ii)

      is to be permeable, and

    • (iii)

      is to be appropriate for substantial deep planting.

(4)

Consent shall not be granted to the subdivision of land within the Residential Zone that would create a single allotment of land with a site area of less than 200 square metres.

This subclause does not apply to the strata subdivision of buildings.

(5)

Irrespective of subclauses (2) and (3), consent may be granted to alterations to a non-residential building, in the Residential Zone, so as to allow it to be used for a residential use, if the consent authority is satisfied that—

  • (a)

    the building is substantially retained, which means the building must be structurally capable of conversion without the need for the replacement of most of the structure, and

  • (b)

    any increase in floor space is contained generally within the envelope of the existing building, and

  • (c)

    the alteration of the building will meet the ecologically sustainable development objectives and controls of the Plan, and

  • (d)

    the alterations have been designed with adequate provision for the intended occupants, and those in the vicinity of the site of the proposed development, in terms of amenity, and

  • (e)

    the appearance of the building, after the alterations have been carried out, will integrate into and enhance the streetscape, and

  • (f)

    the alteration of the building will provide useable private outdoor recreation space for, and directly adjoining, each dwelling, and

  • (g)

    the conversion of the building will provide adequate, accessible and secure car parking spaces and bicycle storage facilities for residents of and visitors to the building, and

  • (h)

    where the building is a heritage item or in the vicinity of a heritage item or within a conservation area, the conversion of the building meets the heritage objectives and controls of the Plan.

(6)

Consent must not be granted for development that will provide 4 or more dwellings, unless it provides a mix of dwelling types in accordance with the following Table, to the nearest whole number of dwellings—

Table

Dwelling type

Percentage to be provided

Bedsitter or one bedroom dwelling

Minimum 25%

Three or more bedroom dwelling

Maximum 30%

(7)

Consent must not be granted to development that will provide 10 or more dwellings unless it provides adaptable housing units in accordance with the following Table, to the nearest whole number—

Table

Number of dwellings

Number of adaptable housing units

10–15

1

16–24

2

25–34

3

35 or more

10% of the total number of dwellings

cl 19: Am 3.5.2002; 2.4.2004.

Part 5Employment20Objectives

The objectives of the Plan in relation to employment are as follows—

  • (a)

    to ensure the sustainable growth of Leichhardt’s economy by retaining existing employment uses and fostering a range of new industrial and business uses to meet the needs of the community,

  • (b)

    to reinforce and enhance the role, function and identity of established business centres by encouraging appropriate development and to ensure that surrounding development does not detract from the function of these centres,

  • (c)

    to integrate residential and business development in business centres,

  • (d)

    to ensure that buildings to be used for employment are appropriately located and designed to minimise the generation of noise, traffic, car parking, waste, pollution and other adverse impacts, to maintain the amenity of surrounding land uses, and avoid harm to the environment,

  • (e)

    to ensure the continuation of commercial port uses and railway uses,

  • (f)

    to allow a range of water-based commercial and recreational facilities in waterfront areas in order to retain the visual diversity and maritime character of the area,

  • (g)

    to ensure non-residential development in residential zones does not detract from the function of the established business centres.

cl 20: Subst 2.4.2004.

21Development control table: Business Zone

The following Table applies to development within the Business Zone—

The Business Zone applies to land within existing business centres where retail, commercial and associated uses are concentrated.

Land within this zone is shown coloured blue on the Zoning Map.

Exempt development.

Any development not included in item (2) or (4).

Development for the purpose of—

  • •

    advertising panels

  • •

    airports

  • •

    bulk stores

  • •

    caravan parks

  • •

    depots

  • •

    drive-in take-away food shops

  • •

    generating works

  • •

    helipads

  • •

    heliports

  • •

    junk yards

  • •

    liquid fuel depots

  • •

    nuclear facilities

  • •

    passenger transport terminals

  • •

    smash repairs

  • •

    timber yards

  • •

    warehouses

22Development control table: Industrial Zone

The following Table applies to development within the Industrial Zone—

The Industrial Zone provides for a range of employment opportunities.

Land within this zone is shown coloured purple on the Zoning Map.

Exempt development

Development for the purpose of—

  • •

    advertisements

  • •

    amusement centres

  • •

    brothels

  • •

    bulk stores

  • •

    bulky goods retailing

  • •

    car parking

  • •

    community facilities

  • •

    depots

  • •

    educational establishments

  • •

    generating works

  • •

    high impact telecommunication facilities

  • •

    industries

  • •

    local shops

  • •

    motor showrooms

  • •

    passenger transport terminals

  • •

    places of public worship

  • •

    port uses

  • •

    public transport stops

  • •

    railways

  • •

    recreation areas

  • •

    recreation facilities

  • •

    roads

  • •

    service stations

  • •

    sex shops

  • •

    smash repairs

  • •

    timber yards

  • •

    transport depots

  • •

    veterinary facilities

  • •

    warehouses

  • •

    water-based commercial and recreational facilities

Demolition

Subdivision

Any development not included in item (2) or (3).

cl 22: Am 2.4.2004.

23General provisions for the development of land(1)
  • (a)

    Consent must not be granted to the carrying out of non-residential development on land within any zone if it will result in the floor space ratio of a building on the land exceeding 1:1.

  • (b)

    Consent may be granted to the carrying out of mixed residential and other development on land within the Business Zone which results in a floor space ratio of a building on the land up to 1.5:1, but only if all floor space at the ground floor or street level is used for non-residential purposes (except for any floor space used for service and access purposes required for the residential component of the building in the floors above).

  • (c)

    Residential development on land within the Business Zone is only allowed in accordance with paragraph (b).

(2)

Consent must not be granted to the carrying out of development on land within the Industrial Zone if it will result in a floor space ratio of a building on the land exceeding 1:1.

(3)

Consent must not be granted to the carrying out of development for the purpose of bulky goods retailing unless consideration has been given to the following—

  • (a)

    whether the proposed development will detrimentally affect existing or future industrial development within the zone in which the land concerned is situated and whether this impact is acceptable, and

  • (b)

    whether the number of retail outlets that exist or are proposed on land within the Industrial Zone detract from the predominantly industrial nature of the zone.

(4)

Consent must not be granted to the carrying out of development for the purpose of backpacker hostels or serviced apartments, unless consideration has been given to the following—

  • (a)

    the need to control the establishment of backpacker hostels and serviced apartments in the local government area of Leichhardt,

  • (b)

    the need to protect the stock of low-cost, long-term rental accommodation within that area,

  • (c)

    the need to prevent the reduction in residential amenity associated with the encroachment of backpacker hostels and serviced apartments into nearby residential areas.

(5)

Consent must not be granted to the carrying out of development for the purpose of a brothel or sex shop unless consideration has been given to the following—

  • (a)

    whether the brothel or sex shop is operating near or within view from a place of public worship, hospital or school or any place regularly frequented by children for recreational or cultural activities,

  • (b)

    whether the brothel or sex shop would have an adverse impact on the amenity in the neighbourhood when taking into account other brothels or sex shops operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,

  • (c)

    whether the brothel or sex shop will have suitable access,

  • (d)

    whether the brothel or sex shop will interfere with the amenity of the neighbourhood.

(6)

Consent may be granted to the use of a building or part of a building situated within the Residential Zone for any use allowed only with development consent in the Business Zone, and the alteration of the building so that it can be so used, if—

  • (a)

    the whole or part of the building was constructed for a non-residential use, and

  • (b)

    the building is substantially retained, which means the building must be structurally capable of conversion while meeting building, health, amenity and other environmental planning requirements, without the need for the replacement of most of the structure, and

  • (c)

    the consent authority is satisfied that the amenity of the locality will not be adversely affected.

(7)

Nothing in subclause (6) allows the use of an existing building, or part of an existing building, situated within the Residential Zone for the purpose of backpacker hostels, brothels, clubs, hotels, motels, serviced apartments or sex shops.

(8)

Consent must not be granted under subclause (6) for the use of a building or part of a building situated within the Residential Zone for the purpose of a refreshment room unless the consent authority is satisfied that—

  • (a)

    the gross floor area of the refreshment room (excluding floor area used for food preparation, service areas and storage) will not exceed 60 square metres, and

  • (b)

    the refreshment room will not trade after 6 pm any day.

cl 23: Am 2.4.2004; 2005 (208), Sch 1 [1] [2].

Part 6Open space, recreation and leisure24Objectives

The objectives of the Plan in relation to open space are as follows—

  • (a)

    to maximise the provision of open space in order to provide a diverse range of settings and recreational opportunities to meet the needs of the community,

  • (b)

    to ensure the equitable distribution of, and access to, open space and recreation facilities,

  • (c)

    to retain, protect and promote public access to foreshore areas and provide links to existing open space,

  • (d)

    to ensure development is compatible with any Parks Plans of Management, Landscape Plans and Bicycle Plan adopted by the Council,

  • (e)

    to conserve and enhance the ecological role of open space, including flora and fauna diversity (including the genetic, species and ecosystem diversity of flora and fauna), habitat corridors and the potential of open space to cleanse air, water and soils,

  • (f)

    to provide opportunities in open space for public art.

cl 24: Subst 2.4.2004.

25Development control table: Open Space Zone

The following Table applies to development within the Open Space Zone—

The Open Space Zone applies to open space used for both active and passive recreation in either private or public ownership. It includes land which is yet to be acquired by, or dedicated to, the Council, for public open space. Land within this zone is shown coloured green on the Zoning Map.

Development for the purpose of—

  • •

    ancillary sporting structures

  • •

    open space embellishment

  • •

    playgrounds

  • •

    recreation areas

Development for the purpose of—

  • •

    clubs

  • •

    community facilities

  • •

    community gardens

  • •

    jetties

  • •

    kiosks

  • •

    public amenities

  • •

    public transport stops

  • •

    recreation facilities

Demolition

Subdivision

Any development not included in item (2) or (3).

26General provisions for the development of landNote—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1)

Subclauses (3) and (4) apply to the land and relevant public authority for that land set out in the Table to this subclause.

Table

Land identified for acquisition

Relevant public authority

23 White Street, Lilyfield

Corporation established under the Act

35 White Street, Lilyfield

Corporation established under the Act

39 White Street, Lilyfield

Corporation established under the Act

22 Wisdom Street, Annandale

Corporation established under the Act

15 and 15a Hearn Street, Leichhardt

Leichhardt Municipal Council

1 and 3 Cahill Street, Camperdown

Leichhardt Municipal Council

Part of 23, 25, 29, 31, 33, 37, 39, 41, 43 and 45 Susan Street, Annandale, as shown coloured green on the Zoning Map

Leichhardt Municipal Council

Lot 101 Chester Street, Annandale

Leichhardt Municipal Council

Water Board land adjoining Johnstons Creek off Chester Street, Annandale

Leichhardt Municipal Council

9 The Crescent, Annandale

Leichhardt Municipal Council

State Rail Authority land, The Crescent, Annandale

Leichhardt Municipal Council

Part of 451–459 Glebe Point Road, Glebe, as shown coloured green on the Zoning Map

Leichhardt Municipal Council

Lot 1 DP 995083, Lot 37 DP 664777, Lot 2 DP 995083 and Lot 100 DP 850261, Wood and Hereford Streets (adjoining Orphan School Creek), Forest Lodge

Leichhardt Municipal Council

(2)

(Repealed)

(3)

Until land within the Open Space Zone to which this subclause applies is acquired by the public authority concerned, development may be carried out on that land for any purpose with development consent, where the consent authority is satisfied that the development will not diminish the usefulness of the land for the purpose for which it has been zoned.

(4)

Consent is not to be granted to the carrying out of development of land to which this subclause applies, unless the Council has taken the following into consideration—

  • (a)

    the effect of the proposed development on the costs of acquisition,

  • (b)

    the imminence of acquisition,

  • (c)

    the costs of reinstatement of the land for the purposes for which the land is to be acquired,

  • (d)

    whether the proposed development will diminish the usefulness of the land for the purpose for which it has been zoned.

(5)

Consent may be granted to the carrying out of development that is within the Open Space or Residential Zones and is within 10 metres of a boundary between those zones for any purpose for which development may be carried out either with or without development consent in the adjoining zone and on the other side of that boundary.

(6)

Consent must not be granted in accordance with subclause (5) unless the consent authority is satisfied that—

  • (a)

    the development would not reduce the total area of land available for use as public open space, and

  • (b)

    in the opinion of the consent authority, the carrying out of the development is desirable to achieve a better disposition of buildings and open space on the land.

(7)

Nothing in the Plan prevents consent from being granted to development identified in a plan of management adopted by the Council under the Local Government Act 1993 in the Open Space Zone.

cl 26: Am 2008 (571), Sch 3.103 [3] [4]; 2011 (635), Sch 1 [1]–[7].

Part 7Community uses27Objectives

The objectives of the Plan in relation to community uses are to facilitate the equitable provision and improve the range, quality and distribution of community and cultural facilities and services to meet the needs of residents, workers and visitors.

cl 27: Subst 2.4.2004.

28Development control table: Public Purpose Zone

The following Table applies to development within the Public Purpose Zone—

The Public Purpose Zone enables land to be developed for public, community and cultural purposes. Land within this zone is shown coloured yellow on the Zoning Map.

Development for the purpose of—

  • •

    recreation areas

Exempt development

Development for the purpose of—

  • •

    advertisements

  • •

    boarding houses

  • •

    car parking

  • •

    child care facilities

  • •

    clubs

  • •

    community facilities

  • •

    community gardens

  • •

    depots

  • •

    educational establishments

  • •

    hospitals

  • •

    high impact telecommunication facilities

  • •

    housing for seniors or people with a disability

  • •

    markets

  • •

    passenger transport terminals

  • •

    places of assembly

  • •

    places of public worship

  • •

    police facilities

  • •

    public amenities

  • •

    public buildings

  • •

    public transport stops

  • •

    recreation facilities

  • •

    roads

  • •

    transport depots

  • •

    water-based commercial and recreational facilities

Demolition

Subdivision

Any development not included in item (2) or (3).

cl 28: Am 2007 (641), Sch 5.22 [3] [4].

29Development of land within Public Purpose Zone

Consent must not be granted to the carrying out of development of land within the Public Purpose Zone unless the consent authority has taken into consideration whether—

  • (a)

    the proposed use of the land or building concerned forms part of a wider proposal for the development of public spaces, services or facilities serving the community, and

  • (b)

    the needs of the existing users of the facilities on the development site will continue to be met within the locality.

cl 29: Am 3.5.2002.

Part 8Special provisions30Subdivision of land

Before consenting to a subdivision of land, the consent authority must consider whether the subdivision will—

  • (a)

    provide an appropriate setting for development in terms of site areas, dimensions and amenity to satisfy the needs of future residents and businesses, and

  • (b)

    protect the urban form, scale and density of the locality.

31Temporary use of land

Nothing in the Plan, prevents consent from being granted to development (other than designated development) for any purpose for a maximum period of 28 days, whether or not consecutive, in any one calendar year if the consent authority is satisfied that—

  • (a)

    the temporary purpose will not prejudice the carrying out of development on the land in accordance with the Plan, and

  • (b)

    appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent, and

  • (c)

    the temporary purpose will not impact unreasonably on the amenity of the adjoining and other surrounding properties.

32Land reserved for roadsNote—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1)

The owner of any land shown “Reservation” on the Zoning Map may request the Roads and Traffic Authority to acquire the land. The request must be in writing. On receipt of the request, the Roads and Traffic Authority must acquire the land.

(2)

Until land to which this clause applies is acquired by the Roads and Traffic Authority, development may be carried out on that land for any purpose with development consent, where the consent authority is satisfied that the development will not adversely affect the usefulness of the land for the purposes for which it has been reserved.

(3)

(Repealed)

cl 32: Am 2008 (571), Sch 3.103 [5]–[7].

33Foreshore building line(1)

The foreshore building line is shown on the Foreshore Building Line Map as an unbroken red line.

(2)

Except as provided by subclause (3), a building must not be erected and a work must not be carried out on land between the foreshore building line and the mean high water mark.

(3)

Consent may be granted for the erection of baths, swimming pools and enclosures, boatsheds, changing rooms, jetties and sea walls on land between the foreshore building line and the mean high water mark, but only if the consent authority is satisfied that the building or work will not detract from the scenic qualities of the locality when viewed from the water.

cl 33: Am 3.5.2002.

34Foreshore access

Consent must not be granted to development on land which could provide access to the foreshore and links to existing or proposed open spaces, unless the consent authority has taken into consideration the provision of that access.

35Suspension of covenants, agreements and instruments(1)

Any covenant, agreement or similar instrument which affects development allowed by the Plan does not apply to the extent necessary to allow the development.

(2)

Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)

In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before the Plan was made.

36Additional uses and controls for certain land

Despite the other provisions of the Plan, certain sites, shown on the Zoning Map by the letters “SSP”, are subject to additional specific provisions as included in Schedule 1.

cl 36: Am 8.11.2002.

37Classification and reclassification of public land as operational land(1)

The public land described in the Table to this clause is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2)

(Repealed)

Table

Locality

Description

Balmain

Elliott Street

Part of Paringa Reserve, being part of Lot E, DP 36161, as identified as “Reclassification Area” on Sheet 2 of the map marked “Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map”

cl 37: Ins 3.5.2002. Am 2011 (635), Sch 1 [8].

38Development on public roads(1)

A person must not carry out development on a public road shown uncoloured on the Zoning Map, or part of such a road lawfully closed, without the development consent of the consent authority.

(2)

The consent authority may grant its consent under subclause (1) only for a purpose that may be carried out either with or without development consent on land adjoining that road.

(3)

Despite subclauses (1) and (2), the following development may be carried out without the consent of the consent authority on a public road shown uncoloured on the Zoning Map or part of such a road lawfully closed—

  • (a)

    Council development for the purposes of minor improvements to footpaths, such as landscaping and repaving, drainage, street resurfacing and the reconstruction of kerbs, footpaths, gutters and the like,

  • (b)

    exempt or complying development as described under clause 6,

  • (c)

    development for which approval has been granted under Part 1 of Chapter 7 of the Local Government Act 1993.

cl 38: Ins 2.4.2004.

39Development on certain land at Rozelle(1)

This clause applies to Lot 1, DP 540118, Lot 2, DP 234045 and Lot 3, Section D, DP 119, being 118, 120 and 124 Terry Street, Rozelle (the Terry Street site).

(2)

Despite any other provision of this Plan, development consent may be granted to a single development application for development on land to which this clause applies that is both of the following—

  • (a)

    a proposal to develop the Terry Street site in its entirety,

  • (b)

    a proposal for development with a maximum floor space ratio of 1.5:1 for the purposes of commercial premises, light industries, refreshment rooms, residential development and shops.

(3)

Development consent must not be granted under this clause unless the consent authority is satisfied that—

  • (a)

    a high standard of architectural and urban design appropriate to the building type and location will be achieved, with articulated height and massing providing an appropriate transition to the existing streetscape, and

  • (b)

    the total gross floor area of the part of the development that is used for the purposes of commercial premises, shops and refreshment rooms will not exceed 1,300 square metres, and

  • (c)

    the development will not exceed—

    • (i)

      if a building has a street frontage on Terry Street—3 storeys in height, or

    • (ii)

      in any other case—6 storeys in height, and

  • (d)

    the development will minimise overshadowing of neighbouring properties on Crystal Street, and

  • (e)

    the development will not significantly increase the amount of traffic on Terry Street, Wellington Street, Merton Street, Nelson Street or Victoria Road, Rozelle, and

  • (f)

    those parts of the development that are not residential development will not have a significant adverse impact on local commercial centres, and

  • (g)

    the development will provide and facilitate pedestrian and cycle access through the Terry Street site to Merton and Margaret Streets, and

  • (h)

    the development will incorporate environmentally sustainable design principles, and

  • (i)

    the development will include the necessary design and acoustic measures to ensure that light industries within the development, as well as any existing industrial uses on land surrounding the development, do not have a significant adverse impact on the amenity of future residents of the development, and

  • (j)

    light industries will only be located in buildings that have a street frontage on Crystal Street.

cl 39: Ins 2012 (675), Sch 1 [1].

40Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development,

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

  • (a)

    compliance with the development standard is unreasonable or unnecessary in the circumstances, and

  • (b)

    there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5), (6)

(Repealed)

(7)

This clause does not allow development consent to be granted for development that would contravene any of the following—

  • (a)

    a development standard for complying development,

  • (b)

    a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

cl 40: Ins 2019 (659), Sch 1.16. Am 2023 (524), Sch 1.1[1].

41Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

  • (a)

    converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

  • (b)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

  • (c)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

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.

(4)

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.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cl 41: Ins 2019 (659), Sch 2.16.

42Standards that cannot be used to refuse consent—playing and performing music(1)

The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

  • (a)

    the playing or performance of music, including the following—

    • (i)

      the genre of music played or performed, or

    • (ii)

      whether the music played or performed is live or amplified, or

    • (iii)

      whether the music played or performed is original music, or

    • (iv)

      the number of musicians or live entertainment acts playing or performing, or

    • (v)

      the type of instruments played,

  • (b)

    whether dancing occurs,

  • (c)

    the presence or use of a dance floor or another area ordinarily used for dancing,

  • (d)

    the direction in which a stage for players or performers faces,

  • (e)

    the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)

The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)

In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 42: Ins 2020 (724), Sch 3.

43Public bushland(1)

The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—

  • (a)

    preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and

  • (b)

    preserving bushland as a natural stabiliser of the soil surface, and

  • (c)

    preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and

  • (d)

    preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and

  • (e)

    mitigating disturbance caused by development.

(2)

Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.

(3)

Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—

  • (a)

    the disturbance of the bushland is essential for a purpose in the public interest,

  • (b)

    there is no reasonable alternative to the disturbance,

  • (c)

    the development minimises the amount of bushland to be disturbed,

  • (d)

    the development includes measures to remediate the disturbed bushland.

(4)

Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—

  • (a)

    the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,

  • (b)

    the construction, operation or maintenance of electricity or telecommunication lines,

  • (c)

    bush fire hazard reduction,

  • (d)

    the construction or maintenance of classified roads,

  • (e)

    facilitating the recreational use of the public bushland.

(5)

Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—

  • (a)

    the recreational use of the land,

  • (b)

    bush fire hazard reduction,

  • (c)

    the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,

  • (d)

    the remediation of degraded public bushland.

(6)

This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.

(7)

In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—

  • (a)

    the need to retain public bushland adjoining the site of the development,

  • (b)

    the likely effect of the development on public bushland, including the following—

    • (i)

      the erosion of soil,

    • (ii)

      the siltation of streams and waterways,

    • (iii)

      the spread of weeds and non-native plants within public bushland,

  • (c)

    other matters the consent authority considers relevant to the protection and preservation of public bushland.

(8)

This clause does not apply to the following land that is public bushland—

  • (a)

    land in Zone RU1, RU2, RU3, RU4 or RU5,

  • (b)

    land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,

  • (c)

    land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,

  • (d)

    land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.

(9)

In this clause—

disturb public bushland means—

  • (a)

    remove vegetation from public bushland, or

  • (b)

    cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.

non-native plant means a plant that is not native vegetation.

public bushland means land—

  • (a)

    on which there is vegetation that is—

    • (i)

      a remainder of the natural vegetation of the land, or

    • (ii)

      representative of the structure and floristics of the natural vegetation of the land, and

  • (b)

    that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.

cl 43: Ins 2022 (629), Sch 2[3].

44Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 44: Ins 2022 (629), Sch 2[4].

Schedule 1Additional uses and controls for certain land

(Clause 36)

Part 1Additional uses

Nothing in the Plan prevents the consent authority from granting consent to the carrying out, on land described below, of the development specified in relation to that land, subject to any conditions specified below in relation to that development—

  • •

    Oil Mill Buildings, Roseberry Place, Balmain—development for the purpose of any one or more of grocery and food shops, hotels, motels or taverns, refreshment rooms or serviced apartments, subject to the following conditions—

    • (a)

      the gross floor area used for these and any other non-residential uses on the site does not exceed 7,000 square metres,

    • (b)

      the non-residential uses are contained within the Oil Mill group of buildings, as identified on the Zoning Map.

  • •

    Terry Street, Rozelle (site known as Balmain Cove)—development for the purpose of any one or more of grocery and food shops, hotels, motels or taverns, refreshment rooms or serviced apartments, subject to the following condition—

    • •

      the gross floor area used for these and any other non-residential uses on the site does not exceed 2,000 square metres.

  • •

    Terry Street, Rozelle (site known as Balmain Shores)—development for the purpose of any one or more of grocery and food shops, hotels, motels or taverns, refreshment rooms or serviced apartments, subject to the following conditions—

    • (a)

      the gross floor area used for these and any other non-residential uses on the site (excluding so much of the gross floor area of the “pump house” as is utilised for a non-residential use) does not exceed 5,000 square metres,

    • (b)

      the non-residential uses are, in the opinion of the consent authority, located to encourage an active waterfront parkland, and

    • (c)

      the “pump house” is utilised for a non-residential use.

  • •

    Reynolds Street (corner of Buchanan Street), Balmain (part of site formerly known as Ampol), Lots 85–93 and 126–145, SP 65243—any development permissible with or without development consent within the Business Zone pursuant to clause 21.

  • •

    235 Catherine Street, Lilyfield—development for the purpose of a car park.

  • •

    Land known as 156–160 Bridge Road, Glebe—community purposes (including a theatre (seating no more than 175 persons), art gallery (for the display or sale of works of art), arts and crafts instruction centre, child and maternity welfare centre, community centre, place of assembly, professional office, photographic studio, refreshment room, or reception centre), subject to the following conditions—

    • (a)

      subject to condition (b), no buildings (other than those in existence on 15 June 1984) shall be erected on the land,

    • (b)

      condition (a) does not apply to any of the following—

      • (i)

        the buildings and structures permissible as a result of the approval by the Minister for Planning on 13/9/1993 for development application No 148/90, and

      • (ii)

        the buildings and structures approved by the Heritage Council on 17/1/2000 in approval 2000/S60/010, and

      • (iii)

        the north-eastern part of the land occupied by “Hamilton” and known as No 156 Bridge Road,

    • (c)

      subject to condition (d), the exterior of the buildings existing on the land on 15 June 1984 shall be restored to the satisfaction of the Council,

    • (d)

      condition (c) does not apply to the building on the north-eastern part of the land, occupied by “Hamilton” and known as No 156 Bridge Road.

    • (e), (f)

      (Repealed)

    Note—

    This land is subject to an order under section 129 of the Heritage Act 1977.

  • •

    115 Wigram Road, Glebe—development for the purpose of dwellings at the ground floor or street level, subject to the condition that the dwellings only have frontages to Minogue Crescent (including at the corner of Wigram Road) and Alfred Road.

  • •

    237 Marion Street, Leichhardt, Lot 38, DP 2041, Lot 1, DP 433797 and Lots 1 and 2, DP 1005390—development for the purpose of housing for seniors or people with a disability.

  • •

    Ballast Point site, Wharf Road and Ronald Street, Birchgrove (site formerly known as the Caltex Oil facility), Lot 11, DP 792332, Lots 1–4, DP 115939, Lot 7, DP 132691, Lots 413 and 634, DP 752049 and Lots 1 and 2, DP 82593—development for the purpose of a marine refuelling facility to be situated on land between the foreshore building line and the mean high water mark, subject to the following condition—

    • •

      the scale, siting and design of the marine refuelling facility is consistent with any master plan required for the land under State Environmental Planning Policy No 56—Sydney Harbour Foreshores and Tributaries.

  • •

    Part of 208–210 Norton Street, Leichhardt (Lot 1, DP 103149, Lot A, DP 914411 and Lot 3, DP 914061) and part Lots 1 and 2, Section A, 1663, Allen Street, Leichhardt, as shown coloured blue, edged heavy black and lettered “SSP” on the map marked “Leichhardt Local Environmental Plan 2000 (Amendment No 9)—Zoning Map”—development for the purpose of dwellings at the ground floor or street level, subject to the condition that the dwellings only have frontages to Allen Street.

  • •

    107 Elliott Street, Balmain (Lot 1, DP 852863 and Lot 26, DP 850832) and part of Paringa Reserve, Elliott Street, Balmain (being part of Lot E, DP 36161), as identified as “SSP” and edged heavy black on Sheet 2 of the map marked “Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map”—development for the purposes of a refreshment room.

Part 2Restriction of certain uses on specific sitesBalmain Hospital site, Palmer Street, Balmain

Before granting consent for the carrying out of development on part of Lot 1 DP 590694, off Palmer Street, Balmain, known as the Balmain Hospital site—

  • (a)

    the consent authority must take into account the health and need to retain the Hills Weeping Fig and the two Sydney Blue Gums situated near the north eastern corner of the land and the protection of the sandstone outcrop in the north western corner of the land, and

  • (b)

    the consent authority must be satisfied that—

    • (i)

      no development will occur within so much of the northern portion of the land as is shown with the letters “SSP” on the Zoning Map, and

    • (ii)

      the natural ground level at the base of the fig and eucalyptus trees will be retained to the extent of the area referred to in subparagraph (i), and

    • (iii)

      a qualified arborist will be on site when excavation works commence so as to prevent any damage to major roots that may extend beyond the identified area, and

  • (c)

    the consent authority must take into account the topographical limitations posed by the site by considering a detailed site analysis.

Italian Forum, Norton Street, Leichhardt

Despite any other provision in the Plan, development for the purpose of a hotel is prohibited on Lot 1–165 SP 60918 and Lot 12 DP 1005187, known as 23 and 25–27 Norton Street, Leichhardt.

Part 3Amended controls on specific sitesBalmain Leagues Club Precinct site

For the purposes of this Part—

building height (or height of building) means the vertical distance between ground level at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

mixed use development means a building or place comprising 2 or more different land uses that are permissible in the Business Zone.

the site means the site comprising all of the following land—

  • (a)

    138–152 Victoria Road, Rozelle (being Lot 1, DP 528045),

  • (b)

    154–156 Victoria Road, Rozelle (being Lot 1, DP 109047),

  • (c)

    697 Darling Street, Rozelle (being Lot 104, DP 733658),

  • (d)

    1–7 Waterloo Street, Rozelle (being Lots 101 and 102, DP 629133, Lots 37 and 38, DP 421 and Lot 36, DP 190866),

as shown edged heavy black and lettered “SSP” on the map marked “Leichhardt Local Environmental Plan 2000 (Amendment No 16)” deposited in the office of Leichhardt Municipal Council.

Despite any other provision of this Plan (except clause 19 (6) and (7) or a provision of this Part), consent may be granted for mixed use development on the site, but only if, in the opinion of the Council, the following objectives are met—

  • (a)

    the development integrates suitable business, office, residential, retail and other uses so as to maximise public transport patronage and encourage walking and cycling,

  • (b)

    the development contributes to the vibrancy and prosperity of the Rozelle Commercial Centre with an active street life while maintaining residential amenity,

  • (c)

    the development is well designed with articulated height and massing providing a high quality transition to the existing streetscape,

  • (d)

    the traffic generated by the development does not have an unacceptable impact on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road, Rozelle,

  • (e)

    any residential development at street level has a frontage to Waterloo Street, Rozelle and, when viewed from the street, has the appearance of no more than three storeys.

A consent under subclause (2) must not be granted if the application for the development does not apply to the whole of the site.

A consent under subclause (2) must not be granted if the development will result in any of the following—

  • (a)

    the floor space ratio for the site exceeds 3.9:1,

  • (b)

    the floor space ratio for all shops on the site exceeds 1.3:l,

  • (c)

    the floor space ratio for all commercial premises on the site exceeds 0.2:l,

  • (d)

    the floor space ratio for all clubs on the site exceeds 0.5:1,

  • (e)

    the floor space ratio for all residential development on the site exceeds 1.9:l,

  • (f)

    in relation to a building on the site that is less than 10 metres from Waterloo Street, Rozelle—the building height exceeds 12.5 metres above the existing road level,

  • (g)

    in relation to a building on the site that is less than 36 metres from Darling Street, Rozelle—the building height exceeds a reduced level of 52.0 metres relative to the Australian Height Datum or exceeds two storeys,

  • (h)

    a building height on the site exceeds a reduced level of 82.0 metres relative to the Australian Height Datum or exceeds twelve storeys.

sch 1: Am 3.5.2002; 10.5.2002; 8.11.2002; 2005 (634), Sch 1 [1]; 2006 (549), Sch 1 [1]; 2007 (641), Sch 5.22 [5]; 2008 (402), Sch 1 [1]; 2011 (635), Sch 1 [9]; 2021 (716), Sch 1.12.

Schedule 2Heritage items

(Clause 16, Schedule 3)

Note—

“SHR” denotes that the property is listed on the State Heritage Register.

Table

Street/Suburb

Street Number

Type

Description

Location/ Additional Information

Level of Significance

Adolphus Street, Balmain

3–33

Built

Dwellings

Local

Ainsworth Street, Leichhardt

23

Built

Grenfell Cottage

Local

Albert Street, Leichhardt

Landscape

Street trees—Avenue of Brush Box

Local

Alexander Street, Balmain

3–5

Built

Semi-detached dwellings

Local

Allen Street, Leichhardt

68

Built

Congregational Church and Hall

Regional

Landscape

Street trees—Avenue of Brush Box

Planted in carriageway

Local

Ann Street, Balmain

27

Built

Cottage

Local

Annandale Street, Annandale

33

Built

Substation

Regional

181

Built

House

Local

216

Built

Former shop and residence

NW cnr Wisdom Street

Local

291–293

Built

Craiglea, shop and residence

NE cnr Rose Street

Local

302

Built

House

SW cnr Gray Street Playground

Local

342

Built

House

Local

349

Built

Shop and residence

NE cnr Kentville Avenue

Local

Landscape

Street trees

Planted in carriageway

Local

Arcadia Road, Glebe

Landscape

Street trees

Local

7

Built

Oudenard

Local

Arundel Street, Glebe

Other

Stone retaining wall and steps, iron handle and fence and sandstone kerb on north side

State

Landscape

Street trees—Row of Eucalyptus sp

N side

Local

Avenue Road, Glebe

2

Built

Toxteth Park, St Scholastica’s Convent

NW cnr Arcadia Road

State

4

Built

Wych Wood

Regional

Landscape

Street trees—Row of Brush Box

Planted in carriageway

Local

Ballast Point Road

1

Built

Lerna

N cnr Ronald Street

Regional

25–27

Built

Tyne Villas

Regional

29

Built

House

Local

35–47

Built

Ellerslie Terrace

Regional

46–56

Built

Yeroulbin Terrace

Between Dock and Bates Streets

Regional

67

Built

House

Local

73

Built

Clifton Villa

State

Landscape

Trees and Reserve

Closed section of Ronald Street

Local

Balmain Road, Leichhardt

SRA site

Built

SRA Stores Branch Building, former Tram Depot Office, Tramshed, Cable Store

State

243

Built

Rutherford

Local

Balmain Road, Rozelle

393–405

Built

Stepped Terrace House (row)

Between The Boulevard and Carrington Street

Local

Barr Street, Balmain

Landscape

Street trees—Row of Phoenix Canariensis Palms

Centre planting

Local

Bay Street, Glebe

63–65

Built

Australian Youth Hostel

N cnr Glebe Street

Regional

Bayview Crescent, Annandale

Other

Iron Palisade fence

N side of street

Local

Landscape

Street trees—Row of Brush Box

Planted in carriageway

Local

Beattie Street, Balmain

88

Built

Two storey shopfront buildings

Local

91–99

Built

Row of houses and shopfronts

Regional

94

Built

Exchange Hotel

SW cnr Mullens Street

State

141

Built

Former Mertonville Hotel

S cnr Lawson Street

Local

147, 149, 151

Built

Two storey timber terraces, c 1870

Local

186, 188

Built

Two corner buildings

E cnr Slade Street

Local

Landscape

Anne Cashman Reserve

Cnr Elliot Street

Local

Beeson Street, Leichhardt

18, 20

Built

Houses

Last two S side

Local

Belmore Street, Rozelle

1–9

Built

Alice Terrace

Local

22

Built

Corner Building

N cnr Whitcombe Street

Local

Bicentennial Park, Rozelle Bay

Built

Railway Viaduct

SHR

Built

Bowstring Bridge

State

Built

Substation No SPS 4

Local

Built

Allen Truss Bridge (formerly known as Federal Road Bridge)

State

Landscape

Federal Park

Regional

Other

Johnston’s Creek

Regional

Landscape

Jubilee Park

Local

Landscape

Pope Paul VI Reserve

Local

Landscape

Avenue of Figs

Adjacent to former Tram sheds

Local

Birchgrove Road, Balmain

29

Built

The Riverview Hotel

Cnr Birchgrove Road

Local

33

Built

Lorne Villa

Local

54

Built

Lilywill

W cnr Glassop Street

Local

66–68

Built

Houses

Local

75

Built

St Kilda

N cnr Cardwell Street

Local

77

Built

House

Local

79

Built

Single terrace

Local

Built

Birchgrove Public School

State

Built

St John The Evangelist Anglican Church

NE cnr Spring Street

Local

Archaeological

Birchgrove Colliery

Adj Birchgrove Public School

State

Blake Street, Balmain

1

Built

Ewenton House including gatepost and fig trees

SHR

Booth Street, Annandale

1

Built

Former Melocco’s factory, showroom and offices

State

115

Built

Post Office

Cnr Johnston Street

State

Booth Street, Balmain

Other

MBWS&S

West side of Gladstone Park

Local

39–41

Built

Stone House

Local

Built

Balmain Hospital

Regional

Booth Street, Camperdown

21–37

Built

Warehousing

(not Pyrmont Bridge Road)

Local

Boyce Street, Glebe

36

Built

Montana

Regional

Birchgrove Park, Balmain

Landscape

Birchgrove Park

State/

Local

Brett Avenue, East Balmain

1

Built

Single storey marine villa (with attic), 1856–60

Local

Bridge Road, Glebe

See Pyrmont Bridge Road

Bridge Street, Balmain

1

Built

House

Local

Broadway

213

Built

Former Grace Bros, Model & Moxham Store

NW cnr Bay Street

State

285

Built

University Hall

Cnr Glebe Point Road, Glebe

State

Broderick Street, Balmain

2

Built

House

Local

6 and 8

Built

Semi-detached houses

Local

Broughton Street, Glebe

2–24A

Built

Housing

Local

Burt Street, Rozelle

15–17

Built

Semi-detached two storey house

Local

56

Built

Smith’s Hall

Cnr Denison and Alfred Streets

Local

Cameron Street, Balmain

31

Built

Sir William Wallace Pub

NE cnr Short Street

Local

36

Built

Mrs Lawrence’s cnr Building

SE cnr Short Street

Local

33–39

Built

Neighbourhood Shops

NE cnr Gipps Street

Local

Campbell Avenue, Leichhardt

Landscape

Street trees—Avenue of Brush Box

Planted in carriageway

Local

Campbell Lane, Balmain

68–70

Built

Formerly Kinsale group of houses

Local

Campbell Street, Balmain

9–11

Built

Presbyterian Church,

Manse and Terrace

Local

20, 22

Built

Single storey pair of stone houses

Local

33

Built

House

Regional

34–36

Built

Stone terrace houses

Local

72

Built

House

Local

Cardigan Street, Glebe

Other

Stone paving

Between Darling Street and Darling Lane

Local

Carrington Street, Balmain

Landscape

Street trees—various species

Centre plantation and verges

Local

Catherine Street, Leichhardt

8–16

Built

Group of houses

Local

129–141

Built

Thorby Buildings

Between Thorby and Styles Streets

Local

214

Built

Office and residence

Local

255

Built

Lammer-Muir

Local

Landscape

Street trees—Row of Port Jackson Figs

Local

Charles Street, Balmain

2, 4

Built

Semi-detached houses

Local

6

Built

Moorfield

State

Chester Street, Camperdown

Other

Kerb and gutter

End of Guithen Street

Local

Clayton Street, Balmain

42, 44

Built

Single storey pair of semi-detached weatherboard houses

Local

Clifton Street, Balmain

14

Built

House

Local

Coleridge Street, Leichhardt

1

Built

Single storey stuccoed brick house, c 1870

Local

Colgate Avenue, Balmain

1

Built

Two storey stone house (with upper floor half attic)

Local

5–13

Built

Concertina terraces

Cnr St John Street

Regional

22–23

Built

Colgate Palmolive buildings

Regional

College Street, Balmain

36

Built

Royal Oak Hotel

N cnr Curtis Road

Local

90

Built

Dry Dock Hotel

W cnr Cameron Street

Local

Collins Street, Annandale

11

Built

House

NE cnr Johnston Lane

State

13–15

Built

Agincourt

NW cnr Johnston Lane

State

21

Built

Police Station

NW cnr Annandale Street

State

34

Built

St Brendan’s Parish Home

SE cnr Johnston Street

Local

36

Built

St Brendan’s Convent

SW cnr Johnston Street

Local

Coulon Street, Rozelle

5–17

Built

Houses— streetscape

East side

Local

21

Built

House

Cnr Prosper Street

Local

Cove Street, Balmain

5–15

Built

Terrace Houses

Local

Cowper Street, Glebe

99–101

Built

Housing

Local

Landscape

Street trees—various species

Local

Crescent Lane, Glebe

2–8

Built

Row of terrace houses

Buildings known as Cliff Terrace

Local

Curtis Road, Balmain

33–35

Built

2–3 houses, former corner shop

W cnr Thames Street

Local

106

Built

Former corner shop

SW cnr Short Street

Local

113

Built

Former shop and residence with original signs

Local

Darghan Street, Glebe

57A

Built

Lyndhurst

SHR

Darling Street, Balmain

10

Built

The Shipwright’s Arms

SE cnr Weston Street

State

12

Built

Waterman’s College

SW cnr Weston Street

State

21–31

Built

Plym Terrace, 6 houses

Regional

26–28

Built

Stone semi-detached houses

Regional

30–34

Built

Three terrace houses

Regional

44–48

Built

Terrace houses

Local

50

Built

Cahermore

Regional

Built

Former Unity Hall Hotel

NW cnr Nicholson Street

Regional

68

Built

House

Local

74–80

Built

Three terrace houses and corner building

Regional

86

Built

Glentwood

Local

89

Built

St Mary’s Anglican Church

State

90

Built

House and shop

SW cnr Datchett Street

Local

141–143

Built

Small stone buildings

Regional

147–157

Built

Buildings addressing street

State

165, 167

Built

Single storey stone terraces, 1843

Former shopfronts

Local

177

Built

Single storey stone house, 1844

Local

179

Built

Watch house

E cnr Colgate Avenue

State

214

Built

Former Volunteer Hotel

SW cnr Ann Street

Regional

234

Built

The London Hotel

SE cnr Jane Street

Regional

236

Built

Oddfellows Hall

SW cnr Jane Street

Regional

238

Built

Courtyard Café

Regional

Built/

Landscape

St Andrew’s Congregational Church/

Ficus sp

Cnr Curtis Road

State

274

Built

Westpac Bank

Regional

332

Built

The Working Men’s Institute

State

368

Built

Post Office, Courthouse, Police Station

State

363–377

Built

The Loft

Regional

370

Built

Town Hall

State

391

Built

Fire Station

State

393

Built

The Manor House Restaurant

State

449

Built

House

Regional

Other

Post box

S side near cnr of Beattie Street

Local

Other

War Memorial

Loyalty Square

Local

Other

Curved stone street curb

NE cnr Beattie Street

Local

Darling Street, East Balmain

24

Built

Single storey stone house, 1841–44

Local

40, 42

Built

Two storey pair of terraces

Local

53

Built

Two storey stone shop and residence, 1850

Local

55

Built

Two storey stone shop and residence, 1856

Local

62

Built

Two storey stone commercial building, 1845

Formerly house

Local

63

Built

Single storey stone terrace (with altered attic storey), 1844

Local

65

Built

Single storey stone terrace (with attic storey), 1847–53

Local

67

Built

Single storey weatherboard terrace (with attic storey), 1846–59

Local

69, 71

Built

Two storey stone and sandstock shop and residence, pre-1850

Local

75, 77

Built

Single storey pair of stone terraces, 1844

Local

88

Built

Two storey stone shop and residence, 1846–55

Local

92, 94

Built

Single storey pair of stone terraces (with attics), 1845

Local

100

Built

Single storey weatherboard house, 1836–44

Local

122

Built

Single storey stone house, 1846

Local

Darling Street, Glebe

53–77

Built

Public Housing

Regional

50–70a

Built

Public Housing

(includes 62–92 Bridge Road)

Regional

Darling Street, Rozelle

Built

Rozelle Public School

To Wellington Street and Victoria Road

Regional

Built

St Paul’s Church— Neighbourhood Centre

State

Built

St Thomas’ Church Group

State

608

Built

Sandstone gabled church

Primitive Methodist Church

Local

661

Built

Bank

Formerly the Westpac Bank

Local

678

Built

York Buildings

Regional

707

Built

Former Police Station

NW cnr Waterloo

Regional

731, 735

Built

Single storey Inter-War period shops

Cnr Cambridge Street

Local

736

Built

Single storey commercial building

Local

749

Built

Fire Brigade/ Ambulance Training Centre

Cnr Park and Oxford Streets

Local

757

Built

House

Local

Datchett Street, Balmain

12

Built

Iver

State

20–22

Built

Two houses

Regional

Stone paving

Local

Datchett Street, East Balmain

4

Built

Single storey stone house, 1845–47

Local

15, 17

Built

Two storey pair of timber terraces, c 1870s

Local

Dennison Street, Rozelle

67–69

Built

Corner store

S cnr Cheltenham

Local

73

Built

Rotherhithe Cottage

Local

Derby Place, Glebe

Landscape

Street trees—Avenue of Camphor Laurels

Local

Derbyshire Road, Leichhardt

25

Built

SRA Tramshed

State

Landscape

Street tree—Moreton Bay Fig

Local

Derwent Street, Glebe

7

Built

Glebe Primary School and Anzac Memorial

Local

Landscape

Street trees—Row of Ficus Hillii

Local

Donnelly Street, Balmain

Landscape

White Bay Park

Local

Duke Place, Balmain

2

Built

Linford Lodge

State

8–10

Built

Semi-detached houses

Local

9

Built

House

Regional

Duke Place, East Balmain

5

Built

Two storey stone waterfront house, 1846

Local

Duke Street, Balmain

1–3

Built

Harold Place

Regional

5–15

Built

Richmond Terrace

Regional

33

Built

Clarenook

SE cnr Duke Place

Regional

Landscape

Street trees—Row of Ficus Hillii

W side

Local

Duke Street, East Balmain

2

Built

Single storey timber and stone house, c 1841–49

Local

Eaton Street, Balmain

Built

Balmain Public School

Darvall Street

Regional

Built

Fr Michael Rowan School

Jane Street

Regional

Built

St Augustine of Hippo Church

State

Built

St Augustine’s Chapel

(for Presbytery, see Jane Street)

State

Edward Street, Balmain

7–17

Built

Harbourview Terrace

Local

Elliot Street, Balmain

96

Built

Braeside

S cnr Broderick

Local

Landscape

Street tree—Ficus macrophylla

Local

Landscape

Street trees—Two Moreton Bay Figs

Glassop Street

Local

Elswick Street, Leichhardt

15

Built

Corner shop

Local

171

Built

Elswick

Local

Emily Street, Leichhardt

22–32

Built

Row of houses

Local

Emma Street, Leichhardt

42

Built

Shop and residence

W cnr Hill Street

Local

Eric Street, Lilyfield

Landscape

Street trees—Avenue of Brush Box and one Brachychiton

Also Rayner Street and Lilyfield Road

Local

Evans Street, Balmain

8 and 10

Built

Corner building

Cnr Roseberry Street

Local

Evans Street, Rozelle

60–62

Built

Two brick buildings

S cnr Goodsir Street

Local

75–79

Built

Stone buildings

S cnr Bruce Street

Local

94

Built

Two storey cnr building

S cnr Mansfield Street

Local

101–103

Built

Two brick terraces

N cnr Merton Street

Local

206

Built

House

Local

Ewenton Park, Balmain

Landscape

Ewenton Park

Includes two fig trees

Local

Ewenton Street, Balmain

3

Built

Kinvarra

S cnr Wallace Street

State

10

Built

Shannon Grove

Local

Fawcett Street, Balmain

14

Built

Bayview

Local

Ferris Street, Annandale

57–63

Built

Row of houses

Local

65–71

Built

Row of houses

Local

Ferry Road, Glebe

24

Built

Rothwell Lodge

SHR

61

Built

Mareton

Local

Fitzroy Avenue, Balmain

2–12

Built

Terrace houses

S cnr Punch Street

Regional

Flood Street, Leichhardt

212

Built

Corner shop

SW cnr Allen Street

Regional

Forsyth Street, Glebe

47–53

Built

Council depot, incinerator and stone structure

Regional

Foster Street, Leichhardt

22

Built

Former House in Lambert Park

Now a childcare centre

Regional

Foucart Street, Rozelle

84

Built

Broom factory

Local

122

Built

Cottages

Local

Franklyn Street, Glebe

Landscape

Minogue Reserve

NW cnr Francis Street

Local

Fred Street, Rozelle

8

Built

Timber cottage

Local

Fredbert Street, Leichhardt

Landscape

Street trees—Row of three Camphor Laurels

Centre planting

Local

Gallimore Avenue, Balmain

Other

Retaining wall, steps and fence

Local

Gilchrist Place, Balmain

4

Built

House

Regional

Gladstone Street, Balmain

2–4

Built

Two small semi-detached cottages

Local

Gladstone Park, Balmain

Landscape/ Built

Park, including reservoir

Regional

Glassop Street, Balmain

6

Built

House

Local

41–43

Built

Terraces

Local

44–54

Built

Terraces

Local

Built

Dawn Fraser Swimming Pool

Located adjacent to Elkington Park and includes pool and associated structures

SHR

Landscape

Elkington Park

Cnr White Street

Regional

Glebe Street, Glebe

21–23

Built

Terraces

Local

27–29

Built

Terraces

Local

39–41

Built

Terrace houses

Local

43

Built

Fernville

State

Glebe Island

Other

Glebe Island Bridge—c 1901 pivoting bridge

Including abutment

State

Glebe Point Road, Glebe

Other

Commemorative fountain

Cnr Parramatta Road, Broadway

Local

11, 13 and 13a

Built

Shops

Local

14, 14a

Built

Shops and residence

Local

20

Built

Montrose

Doctor’s surgery

Local

22

Built

Rengaya restaurant

Local

24

Built

Two storey residence

Local

27, 29

Built

Two storey stone terraces

Local

33

Built

Shop

Local

36

Built

Two storey residence

Glebe Terrace Restaurant, E cnr Derby Place

Local

37

Built

Former Glebe Hotel

E cnr Frances Street

Local

39–53

Built

Shops and residences

Local

57–73

Built

Shops and residences

Local

58–60

Built

Two storey residences

Local

62

Built

Former Raiths Bakery

Local

64–66

Built

Two storey residences

Local

72–82

Built

Shops and residences

Local

77–79

Built

Single storey residences

Local

84

Built

Two storey building

Theatre

Local

85–99

Built

Shops and residences

Local

86–88

Built

Two storey residences

Local

90

Built

Former Currency Lass Hotel

Local

92–94

Built

Two and three storey residences

Cnr Mitchell Street

Local

100

Built

Alishan Guest House

Local

101–103

Built

Shops and residences

Local

112–112a

Built

Shops and residences

Local

113–123

Built

Shops and residences

Local

125–129

Built

Two storey residences

Local

118–134

Built

Houses

No 128—Calmar

Local

138a

Built

St John’s Church, Bishopsthorpe

Local

140

Built

Glebe War Memorial

In Foley Park SW cnr Bridge Road

Local

142–144

Built

Two storey shops

Cnr Bridge Road

(includes 144A, 144B and 144C—Swiss cottages)

Regional

150–158

Built

Cottages

Local

151

Built

Former Hand and Heart Hotel

Local

153–181

Built

Two storey shops

Local

160–160b

Built

Two storey terraces

Local

166d

Built

Valhalla Cinema and shops

Cnr Hereford Street

Local

168–182

Built

Two storey terraces

Local

181a

Built

Glebe Post Office

NE cnr St John’s Road

State

183–185

Built

Two storey shops

NW cnr St John’s Road

Local

184

Built

Formerly St Helens

Community Care Centre

Local

186

Built

Homeopathic Hospital

Rear Building

Local

198–214

Built

Two storey residences

Local

207–209

Built

Two storey residences

Thai Intra Restaurant

Local

216–224

Built

Doctors houses

Local

225

Built

Ancient Briton Hotel

NW cnr Bridge Road

Local

226–228

Built

Edith Villas

Local

232, 232b–d

Built

Two storey houses and flats

Local

232A

Built

Mayfair Flats

Local

234

Built

Engadine Court

State

236–260

Built

Residences

N cnr Park Avenue

State

251–255

Built

Shops and residences

Local

257–287

Built

Two storey dwellings

Local

266

Built

Monteith

SHR

270–272

Built

Two storey houses

Local

278–312

Built

Residences

288—Lymington N cnr Eglinton

Local

321–327

Built

Shops and residences

Local

329–331

Built

House

Local

343–345

Built

Toxteth Hotel

Cnr Ferry Road

Local

357

Built

Bidura

State

359–361

Built

Pair of Victorian terraces

Local

363–381

Built

Shops and residences

Local

383–389

Built

Two storey residences

Local

397–399

Built

Single storey houses

Local

401–405

Built

Two storey residences

Local

425–429

Built

Two storey terrace houses

Local

431

Built

Factory

Local

433–445

Built

Terraces and corner house

State

Landscape

Foley Park

Cnr Bridge Road

Local

Landscape

Avenue plantings of poplars various locations

Local

Gordon Street, Rozelle

Built

St Joseph’s School

Cnr Quirk and Maney Streets and Victoria Road

Regional

Grafton Street, Balmain

12B

Built

Hampton Villa

Regional

Grove Street, Balmain

17

Built

Former cnr shop

SE cnr Cameron Street

Local

22

Built

House

Regional

37–53

Built

8 terrace houses and corner building

Bt. Bat and Cover Streets

Regional

Landscape

Birchgrove Park

State/

Local

Hancock Street, Rozelle

10

Built

Former tramway workshop

State/

Local

Harold Park, Glebe

Built

Tram sheds

Local

Henry Street, Leichhardt

Landscape

Street trees—Row of Brush box and one Ficus Hillii

Planted in carriageway

Local

Hereford Street, Glebe

2a, 2b

Built

Rosebank, Victoria and Alice Lamkin Welfare Centre

Local

45

Built

Kinvarra

Local

53

Built

Hereford House

Local

55

Built

Kerribee NSW College of Nursing

Cnr Walsh Street

Regional

75

Built

House

Local

117

Built

Cottage

Local

Hill Street, Leichhardt

90

Built

House, former cnr shop

SE cnr McKenzie Street

Local

Hornsey Street, Rozelle

42

Built

Hornsey House

Local

Hosking Avenue, Balmain

Landscape

Street trees—Norfolk Island Pine, Arcaria heterophylla

Local

Hubert Street, Leichhardt

2

Built

General Store

NW cnr William Street

Local

Hutchinson Street, Annandale

1

Built

Substation— Sydney Water

Local

Hyam Street, Balmain

Landscape

Street trees—Row of Brush Box

Local

Isobel Street, Balmain

Landscape

Street trees—Row of Phoenix Canariensis

Centre plantation

Local

James Lane, East Balmain

1, 3

Built

Single storey pair of weatherboard semi-detached houses (with later additions), 1854

Local

5

Built

Single storey brick house

Local

James Street, Leichhardt

134–136

Built

Two adjacent stone houses

Local

Jane Street, Balmain

2–6

Built

Victorian sandstone terraces

Local

8–10

Built

Terraces

Local

11, 13

Built

Rosebank and Cairngorm

Local

12

Built

Victorian Gothic convent building

State

14–16

Built

St Augustines Presbytery

State

Johnston’s Creek, Annandale

Other

Bridge at Parramatta Road

Local

Johnston Street, Annandale

1

Built

House

Local

7

Built

House

SE cnr Albion Street

Local

25

Built

Gates of Annandale House

Local

25–31

Built

Annandale Public School

State

33

Built

Norton House

Local

35, 39, 41

Built

Residential group

State

36

Built

House

Local

38–40

Built

Attached houses

Local

46

Built

Wallscourt

Local

79

Built

Community Centre— former Council Chambers

Local

81a

Built

Annandale Uniting Church and Victory Hall

State

Built

St Brendan’s Church

SE cnr Collins Street

Regional

Built

Hunter-Baillie Memorial Church

NW cnr Collins Street

State

84

Built

House

Local

86

Built

Flats

Local

99–103

Built

The Colonnade

Local

132–134

Built

Italianate villas

Local

182

Built

Substation

Local

198–212

Built

North Annandale Public School

State

Other

Sandstone retaining wall and steps

Across Rose Street, E side of Johnston Street

Local

250–272

Built

Wall and gateways

Regional

260

Built

Kenilworth (also known as Highroyd)

State

264

Built

Hockington

State

266

Built

Ratho

State

270

Built

Oybin

State

272

Built

The Abbey

State

Landscape

Street Trees—Brush Box

Local

Johnston Street, Balmain

12

Built

Onkaparinga

Regional

13

Built

Captain Tinley’s House

(Excluding the rear lot)

Regional

19

Built

Canterbury Cottage

Regional

Johnston Street, East Balmain

6, 8

Built

Single storey pair of stuccoed brick semi-detached houses, 1840s

Local

11

Built

Single storey stone house (with modern attic), 1841–43

Formerly commercial building

Local

Leichhardt Street, Glebe

6

Built

Margaretta Cottage

Regional

17–19

Built

House

Regional

49

Built

Florence Villa

Regional

51b

Built

Drayton Lodge

Regional

53

Built

The Retreat

State

55

Built

Bellevue

SHR

Landscape

Blackwattle Bay Park

Includes Strides yard

Regional

49–53

Archaeological

Strides yard—crane

Local

Leichhardt Street, Leichhardt

45

Built

Fernleigh

Local

Leys Avenue, Leichhardt

Landscape

Street trees—Brush Box plantation

Planted in carriageway

Local

Lilyfield Road

Landscape

Street trees—Avenue of Brush Box and one Brachychiton

Also Rayner and Eric Streets

Local

Landscape

Easton Park

Cnr Burt and Denison Streets

Local

Little Edward Street, East Balmain

  • (a)

    caters for 6 or more children up to 12 years old, and

  • (b)

    may include an educational function, and

  • (c)

    may be used for the hourly care of infants to enable their carer to participate in short-term activities, and

  • (d)

    may operate for the purpose of gain, and

  • (e)

    is not home based,

but does not include home based child care.

Club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.

Commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place used for a purpose elsewhere specifically defined in this Schedule.

Community facility means a building or place which may provide for the physical, social, cultural or intellectual development or welfare of the local community and may comprise or relate to any one or more of the following—

  • (a)

    a public library,

  • (b)

    public health services,

  • (c)

    rest rooms,

  • (d)

    meeting rooms,

  • (e)

    indoor recreation,

  • (f)

    child minding,

  • (g)

    a youth facility,

  • (h)

    any other like place or use,

but does not include a building or place elsewhere defined in this Schedule.

Community garden means land used and managed communally for the purpose of cultivating fruit, vegetable or flower crops for community purposes, being either shared or individually owned land.

Conservation means all the processes of looking after a place so as to retain its cultural significance, including maintenance, and may, according to the circumstances, include preservation, restoration, reconstruction or adaptation and a combination of more than one of these.

Conservation area means an area shown edged green on the Heritage Conservation Map.

Conservation Management Plan means a document prepared in accordance with the provisions of the NSW Heritage Manual that establishes the significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

Contaminated land means land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land, and that poses or is likely to pose an immediate or long-term risk to human health or the environment.

Council means Leichhardt Municipal Council.

Demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.

Density area means land shown as a density area by heavy black edging on the Density Map.

Density Map means the map marked “Leichhardt Local Environmental Plan 2000—Density Map”.

Depot means a building or place used for the storage, repair, servicing or garaging (but not sale) of plant, machinery, vehicles, goods or materials used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere defined in this Schedule.

Development has the same meaning as in the Act.

Diverse housing means development that provides a range of dwelling sizes that increases the supply and choice of housing in the local government area.

Drive-in take-away food shop means premises used primarily to sell ready to eat hot food to be consumed off the site, and with provision on the site for its collection by private motor vehicles.

Dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

Ecologically sustainable development means development which uses, conserves and enhances the community’s resources so that ecological processes on which life depends are maintained and the total quality of life, now and in the future, can be increased.

Educational establishment means a building, or buildings, used as a school, college, technical college, TAFE establishment, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as a child care facility.

Enrichment, in relation to nuclear material, means any process by which the proportion of an isotope is increased in relation to the natural abundance of the isotope.

Exhibition home means an unoccupied dwelling available for public inspection and used for display purposes.

Extractive material means sand, gravel, clay, turf, soil, rock, stone or a similar substance.

Fabric means the physical material of a heritage item or place.

Floor means that space within a building which is situated between one floor level and the next floor level above or, if there is no floor above, the ceiling or roof above.

Floor space ratio means the ratio of the gross floor area of a building to the site area of the land on which the building is erected.

Foreshore Building Line Map means the map marked “Leichhardt Local Environmental Plan 2000—Foreshore Building Line Map”.

Generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy from non-renewable resources.

Gross floor area means the total area of a building’s floorplates, measured between the outer edges of the outside walls or the centre line of any party wall, and includes mezzanines, attics, internal car parking spaces, garages, lofts and studios. It does not include projections outside the external walls of the building, paved areas, voids or basements used for car parking, where the car parking area does not protrude more than 1 metre above ground level.

Ground level means the level of the ground at 24 October 2000.

Group home has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

Health care premises means premises forming part of, or attached to or within the curtilage of, a dwelling comprised of not more than 3 consulting rooms, being rooms that are—

  • (a)

    used only by legally qualified medical practitioners, or other health care professionals, who practise the profession of medicine, dentistry or health care, respectively, in them, and

  • (b)

    used by not more than 3 such persons in total who employ a total of not more than 3 employees at any one time in connection with all of the practices.

Health care professional means a person who renders professional health care services to members of the public and includes—

  • (a)

    a podiatrist registered under the Podiatrists Act 1989, and

  • (b)

    a chiropractor or osteopath registered under the Chiropractors and Osteopaths Act 1991, and

  • (c)

    a physiotherapist registered under the Physiotherapists Registration Act 1945, and

  • (d)

    an optometrist registered under the Optometrists Act 1930, and

  • (e)

    a dentist with the meaning of the Dentists Act 1989.

Helipad means an area or place not open to public use which is set apart for the taking off and landing of helicopters.

Heliport means an area or place open to public use for use by helicopters and includes ancillary terminal buildings and facilities for parking, servicing and repair of helicopters.

Heritage Conservation Map means the map marked “Leichhardt Local Environmental Plan 2000 Heritage Conservation Map Issued June 2003”, as amended by the maps (or sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

  • •

    Leichhardt Local Environmental Plan 2000 (Amendment No 4)—Heritage Conservation Map

  • •

    Leichhardt Local Environmental Plan 2000 (Amendment No 12)—Heritage Conservation Map

  • •

    Leichhardt Local Environmental Plan 2000 (Amendment No 13)—Heritage Conservation Map

  • •

    Leichhardt Local Environmental Plan 2000 Amendment No 18—Heritage Conservation Map

Heritage impact statement means a statement to demonstrate that the heritage significance of the relevant item, property or relic has been established, assess the impact that the proposed development will have on its significance and identify the measures which are proposed to minimise this impact, and is—

  • (a)

    prepared in accordance with the provisions of the publication “Statements of Heritage Impact” published by the Heritage Office and the Department of Urban Affairs and Planning, and

  • (b)

    in the case of a place of Aboriginal heritage significance, prepared in accordance with any guidelines for the time being notified to the Council by the Director-General of National Parks and Wildlife, and

  • (c)

    in the case of a place of non-Aboriginal archaeological significance, prepared in accordance with the publication “Archaeological Assessments” published by the Heritage Office and the Department of Urban Affairs and Planning.

Heritage item means a building, work, relic, tree or place identified in Schedule 2 as a heritage item or shown as such on the Heritage Conservation Map.

Heritage significance means historic, scientific, aesthetic, social, cultural, archaeological, architectural or natural significance.

High impact telecommunication facility means a facility that is not defined in the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth, made under the Telecommunications Act 1997 of the Commonwealth, and includes the following—

  • (a)

    overhead telecommunication lines, and

  • (b)

    a telecommunication tower that is not attached to a building, and

  • (c)

    a telecommunication tower attached to a building and more than 5 metres high, and

  • (d)

    an extension to a telecommunication tower that has previously been extended, and

  • (e)

    an extension to any other telecommunication tower, if the extension is more than 5 metres high, and

  • (f)

    any telecommunication facility on the site of a heritage item.

High technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—

  • (a)

    electronic or micro-electronic systems, goods or components,

  • (b)

    information technology (such as computer software or hardware),

  • (c)

    instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,

  • (d)

    biological, pharmaceutical, medical or paramedical systems, goods or components,

  • (e)

    film, television or multi-media technologies, including any post production systems, goods or components,

  • (f)

    telecommunications systems, goods or components,

  • (g)

    sustainable energy technologies,

  • (h)

    any other goods, systems or components intended for use in a science or technology related field,

but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note—

High technology industries are a type of light industry—see the definition of that term in this Glossary.

Home based child care means the use of a dwelling for the provision of child care under the Family Day Care and Home Based Child Care Services Regulation 1996.

Home based employment means a business carried out in a dwelling or within an allotment that is the site of a dwelling, but only if—

  • (a)

    the business is undertaken by the permanent residents, and

  • (b)

    no, or not more than two, non-residents are employed at the premises at any one time in addition to the permanent residents, and

  • (c)

    the business does not interfere with amenity, in particular because of traffic movement, parking demand and working hours, and

  • (d)

    the business does not require provision of any essential service main of a greater capacity than that available in the locality.

Home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

  • (a)

    the employment of more than 2 persons other than the residents,

  • (b)

    interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,

  • (c)

    the exposure to view, from adjacent premises or from a public place, of unsightly matter,

  • (d)

    the exhibition of signage, other than a business identification sign,

  • (e)

    the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

but does not include bed and breakfast accommodation or sex services premises.

Note—

Home industries are a type of light industry—see the definition of that term in this Glossary.

Hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals), and includes—

  • (a)

    ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors,

  • (b)

    facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use,

  • (c)

    a medical centre,

  • (d)

    a health clinic,

  • (e)

    any such building or place within a corrective or reformative establishment,

  • (f)

    a nursing home,

  • (g)

    a special needs home.

Hotel means premises, including a tavern, specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982, whether or not the premises provide accommodation.

Housing for seniors or people with a disability means residential accommodation intended to be used permanently as housing for the accommodation of seniors or people with a disability as defined in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and includes ancillary facilities.

Industry means—

  • (a)

    any manufacturing, production, assembly or research process, or

  • (b)

    the breaking up or dismantling of any goods or any article for trade, sale or gain or ancillary to any business, or

  • (c)

    the winning of extractive material,

but does not include a light industry.

Jetty means a small pier or wharf, but does not include a building or structure elsewhere defined in the Plan.

Junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles, or other scrap materials or goods, or used for collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.

Kiosk means a structure used for the provision of food and drink for the refreshment of users of the open space in which it is situated. That use must be secondary to the principal use of the open space.

Landscape plan means a plan prepared for a site showing plantings, paving and other details of outdoor areas of the site. Vegetation species, numbers, size and location are to be specified in the plan along with details of all external finishes and colours proposed for any buildings erected or intended to be erected on the site.

Landscaped area means the part of a site area at ground level—

  • (a)

    not occupied by any building above or below ground, and

  • (b)

    not overhung by part of a building with a clearance of less than 2.4 metres,

and used for recreation, lawns, gardens and substantial planting. It does not include balconies, driveways and parking areas, but includes decks where they have a direct connection to ground level and are no higher than 500mm above ground level.

Light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—

  • (a)

    high technology industry,

  • (b)

    home industry.

Liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

Local shop means a shop having a gross floor area used for retail purposes not exceeding 60 square metres that is used principally for the provision of convenience goods and services for the benefit of occupants of the immediate locality and includes a milk bar, newsagent, video library, laundrette and the like, but does not include a refreshment room.

Low impact telecommunication facility means a facility as defined in the Telecommunications (Low-impact Facilities Determination 1997 of the Commonwealth, made under the Telecommunications Act 1997 of the Commonwealth.

Maintenance means protective care of the fabric, contents and setting of a heritage item, and includes the painting of previously painted surfaces, but does not include repairs that involve restoration or reconstruction.

Marine refuelling facility means a depot, building, wharf or place for the storage, distribution and sale of petrol, oil, petroleum or other fuels and water to vessels and may include an integrated sewerage pump-out system, but does not include a marina.

Markets means the use of land on a temporary basis for the purpose of selling goods or providing services, but does not include a land use elsewhere defined in this Schedule.

Motel means a building or buildings (other than a hotel, boarding house, bed and breakfast accommodation, backpacker hostel or private hotel) primarily used for the overnight accommodation of travellers and their vehicles, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

Motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed there.

Nuclear facility means a building or place that is—

  • (a)

    a facility for the conversion of uranium ore into uranium hexafluoride or any other chemical in order to enable its enrichment, or

  • (b)

    an isotope separation plant or other facility for the enrichment of nuclear material, or

  • (c)

    a fabrication plant or other facility for transforming nuclear material into a form suitable for use as fuel in a nuclear reactor, or

  • (d)

    a nuclear reactor, whether or not designed for the purpose of generating electricity, or

  • (e)

    a reprocessing plant or other facility for the chemical separation of fuel that has been irradiated in a nuclear reactor, or

  • (f)

    a separate storage installation for the storage or disposal of any nuclear material (including radioactive waste material) in the nuclear fuel cycle, being nuclear material used in or resulting from use of any of the facilities described in paragraphs (a)–(e).

It does not include a building or place used for the storage or disposal of any radioactive waste material resulting from the use of nuclear material or the transportation of nuclear material for medical or medical research purposes or any other purpose authorised under the Radiation Control Act 1990.

Nuclear fuel cycle includes any process or step in the utilisation of material capable of undergoing nuclear fission, including its ultimate disposal.

Nuclear material means any radioactive substance associated with the nuclear fuel cycle, including fertile and fissile material, spent fuel and waste.

Nuclear reactor means a device designed to produce controlled nuclear fission.

Open space embellishment means structures such as picnic tables, seats, bins, community notice boards and the like, located in public parks and recreation areas.

Operational land means land that is classified as operational land under Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993.

Passenger transport terminal means any building or place used as a terminal for the assembly and dispersal of passengers travelling by any form of passenger transport, including any required facilities for parking, manoeuvring, storage or routine servicing of any vehicle.

Persons with special needs means the homeless, aged or young persons, single parents, ex-offenders, persons undergoing rehabilitation, persons requiring refuge, convalescing persons, persons with disabilities, the infirm or the incurable.

Place means a site, and includes a building or work, or a group of buildings or works, situated on or at the site.

Place of assembly means a building or place used for functions, conferences, theatre, cinema, concerts or dances or for any other similar use, and whether used for the purpose of gain or not, but does not include a place of public worship or an educational establishment.

Place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

Playground means an area of land specifically allocated for the use by children for play. It includes equipment and facilities on the land used for that purpose and may be owned or run privately or publicly.

Police facilities means any building, structure or place required for the carrying out of usual police business.

Port uses means the use of land or buildings in connection with the carrying of goods or persons by water for business or commercial purposes and for which a direct connection with the waterfront is essential.

Potential archaeological site means a site known to the consent authority to have archaeological potential even if it is not so identified and shown on the Heritage Conservation Map.

Preservation means maintaining the fabric of a place in its existing state and retarding deterioration.

Principal place of residence means the permanent home of a person. It does not include the temporary domicile of a person who is travelling or on a working holiday.

Private hotel means a hotel used primarily for short-term residential purposes which is not licensed under the Liquor Act 1982 and does not include a building or place elsewhere defined in this Schedule.

Public amenities means toilets, showers, change rooms or the like for use by the public.

Public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council, Australia Post or an organisation established for public purposes.

Public transport stop means a building or place used for the assembly and dispersal of passengers travelling by public transport.

Railway purposes includes light rail purposes.

Reconstruction means returning a place as nearly as possible to a known earlier state and is distinguished by the introduction of materials (old or new) into the fabric.

Recreation area means—

  • (a)

    an area used for sporting activities or sporting facilities, or

  • (b)

    an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—

    • (i)

      the Council, or

    • (ii)

      a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,

but does not include a club, racecourse or a showground or other place elsewhere defined in this Schedule.

Recreation facility means a building or place used for indoor or outdoor recreation, or a table tennis centre, squash court, swimming pool, gymnasium, health studio or bowling alley, or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a place of assembly.

Refreshment room means a building or place, the principal use of which is the provision of food to people for consumption on the premises, and includes a restaurant, café, tea room, eating house or the like, but does not include a kiosk.

Relic means any deposit, object or material evidence relating to the use or settlement, not being Aboriginal settlement, of the land to which the Plan applies and which is 50 or more years old.

Residential development means development for the purpose of bed and breakfast accommodation, boarding houses, boatsheds, dwellings, exhibition homes, group homes, home based employment or housing for seniors or people with a disability.

Restoration means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material.

Road means a way open to the public for the passage of vehicles, persons and animals, including—

  • (a)

    any bridge, tunnel, causeway, road-ferry, ford, street, lane, pathway, footpath, cycleway, nature strip, crossing, by-pass, thoroughfare and trackway, or other work or structure forming part of the road, and

  • (b)

    the airspace above the surface of the road, and

  • (c)

    the soil beneath the surface of the road.

Service station means a building or place used for the fuelling of motor vehicles or the repair and servicing of motor vehicles, whether or not the building or place is also used for any one or more of the following purposes—

  • (a)

    the sale by retail of petrol, oil and other petroleum products and spare parts and accessories for motor vehicles,

  • (b)

    washing and greasing of motor vehicles,

  • (c)

    installation of motor vehicle accessories.

Serviced apartment means a building or part of a building containing two or more dwellings which are cleaned and serviced by the owner or manager of the building or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a building or place elsewhere defined in this Schedule.

Sex shop means a shop in which articles primarily associated with sexual activities are sold.

Shop means a building or place used for selling, whether by retail or auction, or hiring.

Site analysis means a concept plan that identifies development opportunities and constraints offered and imposed by the site, the potential impact of proposed development on surrounding sites, and the setting of the site.

Site area means the total area of an allotment or allotments which comprises or comprise the proposed development site. It does not include any area of land that is—

  • (a)

    less than 3.5 metres in width, and

  • (b)

    primarily used for access.

Smash repairs means carrying out repairs to motor vehicles or agricultural machinery which involves panel beating, spray painting and body building.

Special needs home means a dwelling that is—

  • (a)

    used to provide accommodation for the purpose of relief or rehabilitation for persons with special needs, whether or not those persons are related, and

  • (b)

    a household environment for persons with special needs, and

  • (c)

    occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care, with or without payment for board and lodging being required.

Subdivision has the same meaning as in the Act.

Swimming enclosure means a place within a body of water, whether tidal or otherwise, which is enclosed by a fence to provide a safe bathing area.

The Act means the Environmental Planning and Assessment Act 1979.

Timber yard means a building or place used for the cutting, processing or storage of timber from logs or baulks.

Transport depot means a building or place used for servicing, repair or garaging of vehicles used for transporting the public.

Veterinary facility means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purposes of treatment. It may also provide short-term accommodation for domestic pets.

Warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in retail trade or industrial activity.

Water-based commercial and recreational facility means a commercial use of a building associated with the servicing, temporary mooring, launching and storage of boats used for recreation or associated with other water-based recreational pursuits.

Youth facility means a building or place specifically designed for use by youths for recreation, meetings or education, and may include administration facilities and amenities for the youth and supervisors or co-ordinators, but does not include any other building or place elsewhere defined in the Plan.

Zoning Map means the map marked “Leichhardt Local Environmental Plan 2000 Zoning Map Issued April 2003”, as amended by the maps (or sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

  • •

    Leichhardt Local Environmental Plan 2000 (Amendment No 9)—Zoning Map

  • •

    Leichhardt Local Environmental Plan 2000 (Amendment No 12)—Zoning Map

  • •

    Leichhardt Local Environmental Plan 2000 (Amendment No 16)—Zoning Map

  • •

    Leichhardt Local Environmental Plan 2000 (Amendment No 17)—Zoning Map

  • •

    Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map

  • •

    Leichhardt Local Environmental Plan 2000 Amendment No 19—Zoning Map

sch 3: Am 3.5.2002; 10.5.2002; 8.11.2002; 2.4.2004; 8.4.2004; 2005 (634), Sch 1 [3] [4]; 2006 (549), Sch 1 [2]; 2007 (348), Sch 1 [3]; 2007 (641), Sch 5.22 [6]–[8]; 2008 (402), Sch 1 [2]; 2009 (44), cl 4; 2009 (90), Sch 1 [41]; 2011 (635), Sch 1 [12] [13]; 2012 (675), Sch 1 [2]–[4]; 2020 (637), Sch 1.2.

Historical notesTable of amending instruments

Leichhardt Local Environmental Plan 2000 published in Gazette No 168 of 22.12.2000, p 13714 and amended as follows—

Leichhardt Local Environmental Plan 2000 (Amendment No 1) (GG No 82 of 3.5.2002, p 2683)

Leichhardt Local Environmental Plan 2000 (Amendment No 2) (GG No 85 of 10.5.2002, p 2832)

Leichhardt Local Environmental Plan 2000 (Amendment No 6) (GG No 210 of 8.11.2002, p 9527)

Leichhardt Local Environmental Plan 2000 (Amendment No 11) (GG No 69 of 2.4.2004, p 1866)

Leichhardt Local Environmental Plan 2000 (Amendment No 10) (GG No 70 of 8.4.2004, p 1984)

2005

(208)

Leichhardt Local Environmental Plan 2000 (Amendment No 5). GG No 65 of 3.6.2005, p 1931.

Date of commencement, on gazettal.

(634)

Leichhardt Local Environmental Plan 2000 (Amendment No 12). GG No 122 of 7.10.2005, p 8668.

Date of commencement, on gazettal.

2006

(549)

Leichhardt Local Environmental Plan 2000 (Amendment No 9). GG No 111 of 1.9.2006, p 7816.

Date of commencement, on gazettal.

2007

(348)

Leichhardt Local Environmental Plan 2000 (Amendment No 4). GG No 92 of 20.7.2007, p 4736.

Date of commencement, on gazettal.

(641)

State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003.

Date of commencement, 1.1.2008, cl 3.

2008

(402)

Leichhardt Local Environmental Plan 2000 (Amendment No 16). GG No 106 of 29.8.2008, p 8889.

Date of commencement, on gazettal.

(571)

State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946.

Date of commencement, 15.12.2008, cl 3.

2009

(44)

Leichhardt Local Environmental Plan 2000 (Amendment No 17). LW 13.2.2009.

Date of commencement, on publication on LW.

(90)

Leichhardt Local Environmental Plan 2000 (Amendment No 13). LW 6.3.2009.

Date of commencement, on publication on LW.

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 2.32, 17.7.2009, sec 2 (2).

2011

(635)

Leichhardt Local Environmental Plan 2000 (Amendment No 18). LW 9.12.2011.

Date of commencement, on publication on LW, cl 2.

2012

(628)

Sydney Local Environmental Plan 2012. LW 14.12.2012.

Date of commencement, on publication on LW, cl 1AA.

(675)

Leichhardt Local Environmental Plan 2000 (Amendment No 19). LW 21.12.2012.

Date of commencement, on publication on LW, cl 2.

2019

(659)

State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019.

Date of commencement, 1.2.2020, cl 2.

2020

(637)

State Environmental Planning Policy Amendment (Definitions) 2020. LW 28.10.2020.

Date of commencement, 28.10.2020, cl 2.

(724)

State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020.

Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020.

2021

(716)

State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

(629)

State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, sec 2.

2023

(524)

State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, sec 2.

Table of amendments

Cl 3

Am 2012 (628), Sch 6.1.

Cll 6, 9

Am 2.4.2004.

Cl 11A

Ins 2023 (524), Sch 1.1[3].

Cl 13

Am 2.4.2004; 2020 (724), Sch 1.8.

Cl 14

Rep 2.4.2004.

Cl 15

Subst 2.4.2004.

Cl 16

Am 2008 (571), Sch 3.103 [1] [2].

Cl 17

Subst 2.4.2004.

Cl 18

Am 2.4.2004; 2007 (641), Sch 5.22 [1] [2].

Cl 19

Am 3.5.2002; 2.4.2004.

Cl 20

Subst 2.4.2004.

Cl 22

Am 2.4.2004.

Cl 23

Am 2.4.2004; 2005 (208), Sch 1 [1] [2].

Cl 24

Subst 2.4.2004.

Cl 26

Am 2008 (571), Sch 3.103 [3] [4]; 2011 (635), Sch 1 [1]–[7].

Cl 27

Subst 2.4.2004.

Cl 28

Am 2007 (641), Sch 5.22 [3] [4].

Cl 29

Am 3.5.2002.

Cl 32

Am 2008 (571), Sch 3.103 [5]–[7].

Cl 33

Am 3.5.2002.

Cl 36

Am 8.11.2002.

Cl 37

Ins 3.5.2002. Am 2011 (635), Sch 1 [8].

Cl 38

Ins 2.4.2004.

Cl 39

Ins 2012 (675), Sch 1 [1].

Cl 40

Ins 2019 (659), Sch 1.16. Am 2023 (524), Sch 1.1[1].

Cl 41

Ins 2019 (659), Sch 2.16.

Cl 42

Ins 2020 (724), Sch 3.

Cl 43

Ins 2022 (629), Sch 2[3].

Cl 44

Ins 2022 (629), Sch 2[4].

Sch 1

Am 3.5.2002; 10.5.2002; 8.11.2002; 2005 (634), Sch 1 [1]; 2006 (549), Sch 1 [1]; 2007 (641), Sch 5.22 [5]; 2008 (402), Sch 1 [1]; 2011 (635), Sch 1 [9]; 2021 (716), Sch 1.12.

Sch 2

Am 3.5.2002; 2.4.2004; 8.4.2004; 2005 (634), Sch 1 [2]; 2007 (348), Sch 1 [1] [2]; 2009 (90), Sch 1 [1]–[40]; 2009 No 56, Sch 2.32; 2011 (635), Sch 1 [10] [11].

Sch 3

Am 3.5.2002; 10.5.2002; 8.11.2002; 2.4.2004; 8.4.2004; 2005 (634), Sch 1 [3] [4]; 2006 (549), Sch 1 [2]; 2007 (348), Sch 1 [3]; 2007 (641), Sch 5.22 [6]–[8]; 2008 (402), Sch 1 [2]; 2009 (44), cl 4; 2009 (90), Sch 1 [41]; 2011 (635), Sch 1 [12] [13]; 2012 (675), Sch 1 [2]–[4]; 2020 (637), Sch 1.2.

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