Liverpool City Centre Local Environmental Plan 2007 (NSW)
I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S06/00938/PC)
Minister for Planning
The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Plan is not a standard local environmental plan, standard clauses have been included in this Plan and the clause numbering from the Standard Instrument (Local Environmental Plans) Order 2006 has been retained. This means that the numbering in this Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.
This Plan is Liverpool City Centre Local Environmental Plan 2007.
This Plan aims to make local environmental planning provisions for land in the Liverpool city centre in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
The particular aims of this Plan are as follows:
(a) to strengthen the regional position of the Liverpool city centre as a focused service and employment centre for Sydney’s south west region,
(b) to promote residential development that supports and complements the employment role of Liverpool city centre,
(c) to promote employment, residential, recreational and cultural opportunities for a population of varied ages and backgrounds within the Liverpool city centre,
(d) to reinforce and revitalise the commercial core of Liverpool city centre to provide employment opportunities,
(e) to strengthen the provision of medical services and education,
(f) to protect and enhance the vitality, identity and diversity of the Liverpool city centre,
(g) to facilitate a high standard of urban, and environmentally sustainable, building design,
(h) to encourage the management and conservation of natural resources within the Liverpool city centre,
(i) to encourage the use of public transport within the Liverpool city centre,
(j) to conserve and protect the environmental heritage of the Liverpool city centre.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a) approved by the Minister when the map is adopted, and
(b) as amended from time to time by maps declared by environmental planning instruments to amend that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
The maps adopted by this Plan are the Land Application Map, the Land Zoning Map, the Height of Buildings Map, the Floor Space Ratio Map, the Heritage Map, the Land Reservation Acquisition Map, the Flood Liable Land Map, the Acid Sulfate Soils Map and the Key Sites Map.
Liverpool Local Environmental Plan 1997 is amended by inserting the following at the end of clause 3 (2):
Land to which Liverpool City Centre Local Environmental Plan 2007 applies.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application is to be determined as if this Plan had been exhibited but had not commenced.
For the purpose of enabling development on land within any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply:
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).
This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan as provided by section 36 of the Act.
Section 36 of the Act generally provides that SEPPs prevail over REPs and LEPs and that REPs prevail over LEPs. However, a LEP may (by an additional provision included in the Plan) displace or amend a SEPP or REP to deal specifically with the relationship between this Plan and the SEPP or REP.
The following State environmental planning policies and regional environmental plans (or provisions) do not apply to the land to which this Plan applies:
• State Environmental Planning Policy No 1—Development Standards
• State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6)
• State Environmental Planning Policy No 9—Group Homes
• State Environmental Planning Policy No 60—Exempt and Complying Development
(Repealed)
The land use zones under this Plan are as follows:
• Residential Zones • R4 High Density Residential
• Business Zones • B1 Neighbourhood Centre
• B3 Commercial Core
• B4 Mixed Use
• B6 Enterprise Corridor
• Industrial Zones • IN2 Light Industrial
• Special Purpose Zones • SP1 Special Activities
• SP2 Infrastructure
• Recreation Zones • RE1 Public Recreation
• Waterway Zones • W1 Natural Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Table at the end of this Part specifies for each zone:
(a) the objectives for development, and
(b) development that may be carried out without consent, and
(c) development that may be carried out only with consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Table at the end of this Part:
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 15 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with consent.
Before granting consent, the consent authority:
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a) with consent, or
(b) if the Schedule so provides—without consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with consent.
However, consent is not required for a subdivision for the purpose only of any one or more of the following:
(a) widening a public road,
(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e) rectifying an encroachment on a lot,
(f) creating a public reserve,
(g) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.
If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental impacts.
Any development, not being designated development, may, despite any other provision of this Plan (except clause 27), be carried out with consent, for a maximum period of 52 days, whether consecutive or not, in any one year.
Development referred to in subclause (2) may be carried out only if:
(a) it would not generate an excessive demand for public services, and
(b) it would be compatible with the character and amenity of the locality in which it would be carried out in terms of:
(i) design, height and siting, and
(ii) its operation, and
(iii) traffic generation and car parking, and
(iv) noise, light, dust and odour nuisance, and
(v) privacy, and
(vi) stormwater drainage, and
(vii) hours of operation, and
(viii) overshadowing, and
(c) it would not be inconsistent with any current consent applying to the land.
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment and with good access for residents to facilities and services.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To permit residents to work at home if that does not adversely affect the amenity of the locality.
• To minimise fragmentation of land that would prevent the achievement of high density residential development.
Bush fire hazard reduction work; Environmental protection works; Home-based child care
Boarding houses; Building identification signs; Business identification signs; Car parks (but only as required by this Plan or public car parking provided by or on behalf of Council); Child care centres; Community facilities; Educational establishments; Environmental facilities; Group homes; Health consulting rooms; Home businesses; Hospitals; Hostels; Hotel or motel accommodation; Kiosks; Multi dwelling housing; Neighbourhood shops; Places of public worship; Public administration buildings; Recreation areas; Residential care facilities; Residential flat buildings; Roads; Seniors housing; Serviced apartments; Shop top housing; Spa pools; Swimming pools; Temporary structures; Utility installations
Any other development not otherwise specified in item 2 or 3.
• To provide a range of small-scale retail, business and community uses which serve the needs of people who live and work in the surrounding neighbourhood.
• To allow for residential development, while maintaining active retail, business or other non-residential uses at street level.
Bush fire hazard reduction work; Environmental protection works; Home-based child care
Boarding houses; Business premises; Car parks (but only as required by this Plan or public car parking provided by or on behalf of Council); Child care centres; Community facilities; Educational establishments; Environmental facilities; Food and drink premises (but only if the floor area of the premises does not exceed 250m
Any other development not otherwise specified in item 2 or 3.
• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
• To encourage appropriate employment opportunities in accessible locations.
• To maximise public transport patronage and encourage walking and cycling.
• To strengthen the role of the Liverpool city centre as the regional business, retail and cultural centre of south western Sydney.
• To ensure that for key land in the Liverpool city centre, opportunities for retail, business and commercial uses exist in the longer term.
Bush fire hazard reduction work; Environmental protection works
Amusement centres; Business premises; Car parks (but only as required by this Plan or public car parking provided by or on behalf of Council); Child care centres; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Helipads; Heliports; Hospitals; Hotel or motel accommodation; Information and education facilities; Mortuaries; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Retail premises; Roads; Sex services premises; Signage; Spa pools; Swimming pools; Telecommunications facilities; Temporary structures; Utility installations; Veterinary hospitals; Water recreation structures
Any other development not otherwise specified in item 2 or 3.
• To provide a mixture of compatible land uses.
• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
• To allow for residential development in the Liverpool city centre, while maintaining active retail, business or other non-residential uses at street level.
• To facilitate a high standard of urban design and convenient urban living.
Bush fire hazard reduction work; Environmental protection works; Home-based child care
Amusement centres; Boarding houses; Business premises; Car parks (but only as required by this Plan or public car parking provided by or on behalf of Council); Child care centres; Community facilities; Depots; Educational establishments; Entertainment facilities; Environmental facilities; Food and drink premises; Function centres; Group homes; Helipads; Home businesses; Home industries; Hospitals; Hostels; Hotel or motel accommodation; Information and education facilities; Mortuaries; Multi dwelling housing; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential care facilities; Residential flat buildings; Retail premises; Roads; Seniors housing; Service stations; Shop top housing; Signage; Spa pools; Swimming pools; Telecommunications facilities; Temporary structures; Utility installations; Vehicle repair stations; Veterinary hospitals; Water recreation structures
Any other development not otherwise specified in item 2 or 3.
• To promote businesses along main roads and to encourage a mix of compatible uses.
• To enable a mix of employment (including business, office, retail and light industrial uses) and residential uses.
• To permit residential uses that do not undermine the viability or operation of businesses.
• To maintain the economic strength of centres by limiting the retailing of food and clothing.
• To provide for businesses along the entry corridor into Liverpool city centre which complement the activity around the city core.
Bush fire hazard reduction work; Environmental protection works; Home-based child care
Amusement centres; Boarding houses; Boat launching ramps; Boat repair facilities; Boat sheds; Bulky goods premises (but only if the floor area of the premises does not exceed 1,000m
Any other development not otherwise specified in item 2 or 3.
• To provide a wide range of light industrial, warehouse and related land uses.
• To encourage employment opportunities.
• To minimise any adverse effect of industry on other land uses.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
Bush fire hazard reduction work; Environmental protection works
Agricultural produce industries; Animal boarding or training establishments; Boat repair facilities; Boat sheds; Car parks; Community facilities; Crematoriums; Depots; Drainage; Earthworks; Educational establishments; Flood mitigation work; Freight transport facilities; Helipads; Heliports; Hotel or motel accommodation (but only if located no less than 150m away from land in Zone IN3); Kiosks; Landscape and garden supplies; Light industries; Liquid fuel depots; Materials recycling or recovery centres; Mortuaries; Neighbourhood shops; Office premises (but only if ancillary to another use that is permissible in this zone); Passenger transport facilities; Places of public worship; Pubs; Rainwater tanks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants (but only if the floor area of the premises does not exceed 200m
Any other development not otherwise specified in item 2 or 3.
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and which minimises any adverse impacts on surrounding land.
• To provide for development that is compatible with Liverpool Hospital.
• To prevent development that is not compatible with or that may detract from the activities, including medical research and development associated with Liverpool Hospital.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Boarding houses; Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Child care centres; Community facilities; Dwelling houses; Educational establishments; Group homes; Hospitals; Hostels; Medical centres; Medical research and development facilities; Neighbourhood shops; Places of public worship; Residential care facilities; Roads; Seniors housing
Any other development not otherwise specified in item 2 or 3.
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Bush fire hazard reduction work; Environmental protection works
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Car parks; Child care centres; Community facilities; Drainage; Earthworks; Flood mitigation works; Helipads; Kiosks; Passenger transport facilities; Rainwater tanks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Signage; Spa pools; Swimming pools; Telecommunications facilities; Temporary structures; Utility installations; Water recreation structures
Any other development not otherwise specified in item 2 or 3.
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Bush fire hazard reduction work; Environmental protection works
Advertisements; Advertising structures; Car parks (but only as required by this Plan or public car parking provided by or on behalf of Council); Cemeteries; Charter and tourism boating facilities; Community facilities; Drainage; Earthworks; Entertainment facilities; Environmental facilities; Flood mitigation works; Horticulture; Information and education facilities; Kiosks; Moorings; Pond based aquaculture; Rainwater tanks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Roads; Roadside stalls; Sewage treatment works; Signage; Spa pools; Swimming pools; Telecommunications facilities; Temporary structures; Utility installations; Waste disposal land fill operations; Water recreation structures
Any other development not otherwise specified in item 2 or 3.
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
• To enable the recreational enjoyment of the natural environment in this zone.
• To enable the scientific study of the natural environment in this zone.
Bush fire hazard reduction work; Environmental protection works
Aquaculture; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Drainage; Earthworks; Environmental facilities; Flood mitigation works; Information and education facilities; Kiosks; Marinas; Moorings; Passenger transport facilities; Recreation areas; Roads; Temporary structures; Utility installations; Water recreation structures
Any other development not otherwise specified in item 2 or 3.
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a) must be of minimal environmental impact, and
(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development:
(a) the development must:
(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(ii) if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9, the building must have a current fire safety certificate or fire safety statement or the building must be a building for which no fire safety measures are currently implemented, required or proposed, and
(iii) comply with any relevant standards set for the development by this Plan, and
(iv) comply with any relevant requirements of Sydney Water Corporation that relate to building over sewers, and
(b) the development must not:
(i) if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii) create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or
(iii) be designated development, or
(iv) be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977, or
(v) contravene any condition of a development consent applying to the land, or
(vi) obstruct drainage of the site on which it is carried out, or
(vii) restrict any vehicular or pedestrian access to or from the site, or
(viii) be carried out within any easement for a public sewer main, or
(ix) require a tree to be removed, or
(x) contravene any restriction on the land, imposed by or for the benefit of the Council in an instrument made under section 88B the Conveyancing Act 1919, or
(xi) be carried out on land that is identified as Zone RE1 Public Recreation or Zone W1 Natural Waterways, or
(xii) be carried out on land that is flood prone land, or
(xiii) be carried out on land that is within 40 metres of a waterway.
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c) the development is designated development, or
(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Conservation in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)).
The objective of this clause is to identify development as complying development.
Development specified in Schedule 3 that is carried out in compliance with the applicable development standards listed in that Schedule and that complies with the requirements of section 76A (6) of the Act and the requirements of this Part is complying development.
To be complying development the development must:
(a) be permissible, with consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land, and
(d) be consistent with any of the following plans that apply to the land:
(i) a plan for management approved under State Environmental Planning Policy No 44—Koala Habitat Protection,
(ii) a recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995, and
(e) comply with any relevant requirements of Sydney Water Corporation that relate to building over sewers, and
(f) not contravene any condition of development consent applying to the land, and
(g) not be carried out within any easement for a public sewer main, and
(h) not require a tree to be removed, and
(i) not contravene any restriction on the land, imposed by or for the benefit of the Council in an instrument made under section 88B of the Conveyancing Act 1919, and
(j) not be development to which Part 3A of the Act applies, and
(k) not be designated development, and
(l) not require the concurrence of a person other than the consent authority, and
(m) not be carried out on land that has been used for any one or more of the following purposes if a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land:
• asbestos or asbestos products, extractive industries, intensive livestock agriculture, manufacturing of chemicals, mining, service stations, sheep or cattle dips, waste disposal land fill operations, waste management facilities, and
(n) not be carried out on land:
(i) that is within 40 metres of a waterway, or
(ii) that is identified in this or any other environmental planning instrument as bush fire prone, flood prone, or contaminated, or
(iii) that is subject to subsidence, slip or erosion, or
(iv) that is identified as Zone RE1 Public Recreation or Zone W1 Natural Waterways, or
(v) that is a special area or outer catchment area within the meaning of the Sydney Water Catchment Management Act 1998, or
(vi) that is specified in Schedule 5 (Environmental heritage) or that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977, or
(vii) that is identified in this Plan as requiring consideration of an acid sulfate soils management plan, or
(viii) that is within 200 metres of a poultry farm.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause:
(a) a sensitive coastal location, or
(b) coastal waters of the State, or
(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, or
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, or
(f) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(g) land reserved as a state conservation area, or identified as an Aboriginal place, under the National Parks and Wildlife Act 1974, or
(h) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(i) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, or
(j) land that is within a wilderness area (within the meaning of the Wilderness Act 1987).
The objectives of this Plan for the control of the height of buildings are as follows:
(a) to establish the maximum limit within which buildings can be designed and floor space can be achieved,
(b) to permit building heights that encourage high quality urban form,
(c) to maintain satisfactory sky exposure and daylight to buildings and public areas,
(d) to provide building heights that ensure sunlight access to key areas and public domain,
(e) to nominate heights that will provide an appropriate transition in built form and land use intensity.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map, except as provided by clause 21A or 22B.
A person may, with development consent, carry out development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 21.
Development consent must not be granted to any such development unless the consent authority is satisfied that the architectural roof feature:
(a) comprises a decorative element on the uppermost portion of a building, and
(b) is not a structure for advertising, and
(c) does not include floor space area and is not reasonably capable of modification to include floorspace area, and
(d) will have a minimal overshadowing impact.
If it contains or supports building identification signage or equipment for servicing the building, (such as plant, lift motor rooms, fire stairs and the like), the signage or equipment must, to the satisfaction of the consent authority, be fully integrated into the design of the roof feature.
The objectives of this clause are as follows:
(a) to establish the maximum development density and intensity of land use, accounting for the availability of infrastructure and generation of vehicular and pedestrian traffic,
(b) to control building density and bulk in relation to the site area and within building envelopes (maximum building height limits) in order to achieve the desired future character of the city centre,
(c) to minimise any adverse environmental impact on the use or enjoyment of adjoining properties,
(d) to maintain an appropriate visual relationship between new development and the existing character of areas or locations that are not undergoing or likely to undergo a substantial transformation,
(e) to provide an appropriate correlation between the size of a site and the extent of any development on that site,
(f) to facilitate design excellence in the Liverpool city centre by ensuring the extent of floor space within building envelopes (maximum building height limits) leaves generous space for the articulation and modulation of design.
The maximum floor space ratio for a building on any land is not to exceed:
(a) the floor space ratio shown for the land on the Floor Space Ratio Map, or
(b) if a different floor space ratio is specified under subclause (3)—that floor space ratio.
Except as provided by clause 22B, the maximum floor space ratio for buildings within a zone specified in the Table to this clause, on land for which the floor space ratio shown on the Floor Space Ratio Map is as specified in Column 1 of the Table under the heading for that zone, is the amount specified opposite that ratio in:
(a) Column 2 of the Table if the site area for the development is less than or equal to 1,000m
2 , or(b) Column 3 of the Table if the site area for the development is greater than 1,000m
2 but less than 2,500m2 .
For the purposes of Column 3 of the Table to this clause:
• X = (the site area in square metres − 1,000)/1,500
Table—Floor space ratio
Column 1 | Column 2 | Column 3 |
3.5:1 | 3:1 | (3 + 0.5X):1 |
4:1 | 3:1 | (3 + X):1 |
5:1 | 4:1 | (4 + X):1 |
6:1 | 4.5:1 | (4.5 + 1.5X):1 |
8:1 | 5:1 | (5 + 3X):1 |
2:1 | 1.5:1 | (1.5 + 0.5X):1 |
3:1 | 2:1 | (2 + X):1 |
3.5:1 | 2.5:1 | (2.5 + X):1 |
4:1 | 2.5:1 | (2.5 + 1.5X):1 |
6:1 | 2.5:1 | (2.5 + 3.5X):1 |
2:1 | 1:1 | (1 + X):1 |
2.5:1 | 1.5:1 | (1.5 + X):1 |
3:1 | 2:1 | (2 + X):1 |
3.5:1 | 2:1 | (2 + 1.5X):1 |
The objectives of this Plan for the control of building frontage to streets are as follows:
(a) to ensure that, visually, buildings have an appropriate overall horizontal proportion compared to their vertical proportions,
(b) to ensure that vehicular access is reasonably spaced and separated along roads and lanes,
(c) to provide appropriate dimensions for the design of car parking levels,
(d) to encourage larger development of commercial office, business, residential and mixed use buildings provided for under this Plan.
Development consent must not be granted to the erection of a building that does not have at least one street frontage of at least 24 metres to a public street (excluding service laneways) on land zoned R4 High Density Residential, B1 Neighbourhood Centre, B3 Commercial Core, B4 Mixed Use or B6 Enterprise Corridor.
Despite subclause (2), the consent authority may grant consent to the erection of a building on land referred to in that subclause if it is of the opinion that:
(a) due to the physical constraints of the site or adjoining sites it is not possible for the building to be erected with at least one street frontage of 24 metres or more, and
(b) the erection of the building is consistent with the aims of this Plan.
This clause applies to development involving the construction of a new building or external alterations to an existing building.
Consent must not be granted to development to which this clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.
In considering whether development to which this clause applies exhibits design excellence, the consent authority must have regard to the following matters:
(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,
(c) whether the proposed development detrimentally impacts on view corridors,
(d) whether the proposed development detrimentally overshadows Bigge Park, Liverpool Pioneers’ Memorial Park, Apex Park, St Luke’s Church Grounds or Macquarie Street Mall (between Elizabeth Drive and Memorial Avenue),
(e) any relevant requirements of the Liverpool City Centre Development Control Plan,
(f) how the proposed development addresses the following matters:
(i) the suitability of the land for development,
(ii) existing and proposed uses and use mix,
(iii) heritage issues and streetscape constraints,
(iv) the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v) bulk, massing and modulation of buildings,
(vi) street frontage heights,
(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(viii) the achievement of the principles of ecologically sustainable development,
(ix) pedestrian, cycle, vehicular and service access, circulation and requirements,
(x) the impact on, and any proposed improvements to, the public domain.
Consent must not be granted to the following development to which this Plan applies unless an architectural design competition has been held in relation to the proposed development:
(a) development for which an architectural design competition is required as part of a concept plan approved by the Minister under Division 3 of Part 3A of the Act,
(b) development having a capital value of more than $1,000,000 on a key site, being a site shown edged heavy black and distinctively coloured on the Key Sites Map,
(c) development for which the applicant has chosen to have such a competition.
Subclause (4) does not apply if the Director-General certifies in writing that the development is one for which an architectural design competition is not required.
The consent authority may grant consent to the erection or alteration of a building to which this clause applies that has a floor space ratio of up to 10 per cent greater than that allowed by clause 22 or a height of up to 10 per cent greater than that allowed by clause 21, but only if:
(a) the design of the building or alteration is the result of an architectural design competition, and
(b) the concurrence of the Director-General has been obtained to the development application.
In determining whether to provide his or her concurrence to the development application, the Director-General is to take into account the result of the architectural design competition (if any).
In this clause:
The objective of this clause is to ensure that adequate car parking is provided for new or extended buildings that is commensurate with the traffic likely to be generated by the development and is appropriate for the road network capacity and proposed mix of transport modes for the Liverpool city centre.
Except as otherwise provided by this Plan, car parking is to be provided in accordance with the Liverpool City Centre Development Control Plan.
Consent must not be granted for development on land zoned B3 Commercial Core, B4 Mixed Use or SP1 Special Activities that involves the erection of a new building or an alteration to an existing building that increases the gross floor area of the building unless:
(a) at least one car parking space is provided for every 75 square metres of the gross floor area of the building that is to be used for commercial activities, and
(b) at least one car parking space is provided for every 50 square metres of the gross floor area of the building that is to be used for retail activities.
Car parking that is required to be provided under this clause must be provided on site unless the consent authority is satisfied that car parking will be adequately provided for elsewhere.
For the purposes of this clause, the following are to be included as part of a building’s gross floor area:
(a) any area of the building that is used for car parking and is at or above existing ground level, except to the extent permitted by the Liverpool City Centre Development Control Plan,
(b) any area of the building that is used for car parking below existing ground level, except where the car parking is provided as required by this clause.
Council owned public car parking is not to be included as part of a building’s gross floor area.
In this clause:
The ground floor of any development that is a building on land zoned B1 Neighbourhood Centre or B4 Mixed Use must have active street frontages and be used for commercial activities or retail activities (within the meaning of clause 22C), other than any parts of that floor used for:
(a) lobbies for any commercial, residential, serviced apartment or hotel component of the development, or
(b) access for fire services, or
(c) vehicle access.
Despite subclause (1), an active street frontage is not required in respect of any part of a building facing a service lane.
Buildings on land to which this Plan applies must be erected so that the separation distance:
(a) from neighbouring buildings, and
(b) between separate towers or other separate raised parts of the same building,
is not less than that provided for in the Liverpool City Centre Development Control Plan.
Before granting consent for development, the consent authority must have regard to the principles of ecologically sustainable development as they relate to the proposed development based on a “whole of building” approach, by considering each of the following:
(a) greenhouse gas reduction,
(b) embodied energy in materials and building processes,
(c) building design and orientation,
(d) passive solar design and day lighting,
(e) natural ventilation,
(f) energy efficiency and energy conservation,
(g) water conservation and water reuse,
(h) waste minimisation and recycling,
(i) reduction of car dependence,
(j) potential for adaptive reuse.
Development consent must not be granted to development for the purpose of the strata subdivision of a building or part of a building that is or has been used for serviced apartments, unless the consent authority is satisfied that the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development and the design principles of the Residential Flat Design Code (a publication of the Department of Planning, September 2002) are achieved for the development as if it were a residential flat development.
Before granting consent for development, the consent authority must be satisfied that the proposed development is consistent with such of the following objectives for the development of the city centre as are relevant:
(a) the preservation of the existing street layout and reinforcement of street character through consistent building alignments,
(b) the achievement of solar access to buildings and areas of high pedestrian activity,
(c) the reduction of potential pedestrian and traffic conflicts on the Hume Highway,
(d) the improvement of public spaces within the city centre,
(e) the reinforcement of Liverpool railway station and interchange as a major passenger transport facility, including visual enhancement of the surrounding environment and a public plaza at the station entry,
(f) the enhancement of the natural river foreshore and places of heritage significance,
(g) the provision of direct, convenient and safe pedestrian links between the city centre (west of the rail line) and the Georges River foreshore.
Without limiting subclause (1), before granting consent for development on land shown marked as a key site precinct on the Key Sites Map that involves the erection of a building, or the demolition and erection of a building, at an estimated cost of more than $1 million, the consent authority must be satisfied that:
(a) if the development does not occupy all of the land in the key site precinct—the development supports the economic and orderly development of adjacent land within that precinct, and
(b) if the consent authority considers that further subdivision of the land within the key site precinct may be necessary—the development is consistent with that subdivision, the proposed street network and the intended future character of the area.
The objectives of this clause are:
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause or of State Environmental Planning Policy No 1—Development Standards.
Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Director-General has been obtained.
In deciding whether to grant concurrence, the Director-General must consider:
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow consent to be granted for development that would contravene any of the following:
(a) a development standard for complying development,
(b) a development standard for development in the coastal zone,
(c) a development standard that arises, under the regulations under the Act, in connection with a BASIX commitment for a BASIX affected development (as defined by the regulations made under the Act).
The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the
If the landholder will suffer hardship or if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Zone | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted by section 8 of the Act |
Zone SP2 Infrastructure and marked “Classified roads” | Roads and Traffic Authority |
Zone SP2 Infrastructure and marked “Local road” | Council |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Consent for development on land reserved for the purposes of a classified road may, before the land becomes a classified road, be granted only if:
(a) the development is carried out with the concurrence of the Roads and Traffic Authority (
the RTA ), and(b) the development is of a kind, or is compatible with development of a kind, that may be carried out on land in an adjoining zone.
In deciding whether to grant concurrence to proposed development under this clause, the RTA must take the following matters into consideration:
(a) the need to carry out development on the land for the purposes of a classified road or a proposed classified road,
(b) the imminence of acquisition of the land by the RTA,
(c) the likely additional cost to the RTA resulting from the carrying out of the proposed development.
The objective of this clause is to enable the Council, by means of this Plan, to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant classification Plan and, by the operation of that Plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In this clause, the
Before the relevant classification Plan inserted a description of land into Part 2 of Schedule 4, the Governor approved of subclause (5) applying to the land.
The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
This clause does not apply to:
(a) land zoned B3 Commercial Core, RE1 Public Recreation or W1 Natural Waterways, or
(b) land within the coastal zone, or
(c) land proposed to be developed for the purpose of sex services or restricted premises.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
The clause does not prescribe a development standard that may be varied under this Plan.
The objective of this clause is to allow the use of educational establishments, including their site and facilities, for other community purposes.
An educational establishment (including the site and facilities) may, with consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.
Nothing in this clause requires consent to carry out development on any land if that development could, but for this clause, be carried out on that land without consent.
The objectives of this clause are:
(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads (within the meaning of the Roads Act 1993), and
(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.
Consent must not be granted to the development of land that has a frontage to a classified road unless the consent authority is satisfied that:
(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and
(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the proposed development as a result of:
(i) the design of the vehicular access to the land, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the proposed development.
The objective of this clause is to ensure that development for the purpose of residential accommodation, places of public worship, hospitals, educational establishments or other noise sensitive buildings in the proximity of operating or proposed railways is not adversely affected by rail noise or vibration.
This clause applies to land comprising, or within 60 metres of, an operating railway line or land reserved for the construction of a railway line (referred to in this clause as a
Development consent must not be granted to development:
(a) that is within a rail corridor, and
(b) that the consent authority considers is, or is likely to be, adversely affected by rail noise or vibration,
unless the consent authority is satisfied that the proposed development incorporates all practical mitigation measures for rail noise or vibration recommended by Rail Corporation New South Wales for development of that kind.
The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
The objective of this clause is to protect and enhance water quality and aquatic ecosystems, including wetlands.
Before granting consent for development on land in or near a wetland, the consent authority must:
(a) consider the impact of that development on:
(i) the growth of native plant communities, and
(ii) the survival of native wildlife populations, and
(iii) the provision and quality of habitats for indigenous and migratory species of wildlife, and
(iv) the surface and ground water characteristics (including salinity and water quality) of the wetland and of the surrounding land, and
(b) take into account:
(i) whether adequate safeguards and rehabilitation measures have been, or will be, made or taken to protect the environment, and
(ii) whether any other wetlands are in the vicinity and the appropriateness of imposing conditions requiring the carrying out of works to preserve or enhance the value of those other wetlands.
The objective of this clause is to ensure that development within a designated foreshore building line will not impact on natural foreshore processes or affect the significance and amenity of the area.
For the purposes of this clause, a
The erection of a building is prohibited on land situated between a foreshore building line and the level reached by the mean high water mark of the nearest natural waterbody.
Despite subclause (3), development consent may be granted for the following:
(a) the erection of a building where the levels, depth or other exceptional features of the site make it expedient to do so,
(b) the extension, alteration or rebuilding of an existing building that is erected wholly or partly within a foreshore building line, if the consent authority is satisfied that the building as extended, altered or rebuilt will not have an adverse impact on the amenity or aesthetic appearance of the foreshore,
(c) the erection of any of the following:
(i) boat sheds,
(ii) sea walls,
(iii) wharves, slipways, jetties,
(iv) waterway access stairs,
(v) swimming pools at or below existing ground level,
(vi) fences,
(vii) picnic facilities, cycleways, walking trails or other outdoor recreation facilities.
Development consent referred to in subclause (4) must not be granted unless the consent authority is satisfied that:
(a) the development will contribute to achieving the objectives for development within the zone in which it will be carried out, and
(b) the appearance of the structure will be compatible with the surrounding area, as viewed from both the waterway concerned and the adjacent foreshore areas, and
(c) the development will not cause environmental harm, such as:
(i) pollution or siltation of the waterway, or
(ii) an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or
(iii) an adverse effect on drainage patterns, and
(d) the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and
(e) opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and
(f) any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained.
The objectives of this clause are:
(a) to maintain the existing flood regime and flow conveyance capacity, and
(b) to enable safe occupation of flood prone land, and
(c) to avoid significant adverse impacts on flood behaviour, and
(d) to avoid significant adverse effects on the floodplain environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and
(e) to limit uses to those compatible with flow conveyance function and flood hazard.
Before determining an application for consent to carry out development on flood prone land, the consent authority must consider:
(a) the impact of that development on:
(i) flood behaviour, including the flood peak at any point upstream or downstream of the site of the development, and
(ii) the flow of floodwater on adjoining lands, and
(iii) the flood hazard or risk of flood damage to property and personnel, and
(iv) erosion, siltation or destruction of riparian vegetation in the area, and
(v) the water table on any adjoining land, and
(vi) riverbank stability, and
(vii) the safety in time of flood of the site of the development and of any buildings or works intended to be erected or carried out, and
(viii) the hydraulic capacity of flood prone land in the locality, and
(ix) the provision of emergency equipment, personnel, welfare facilities or other resources that might be needed for an evacuation resulting from flooding, and
(x) the risk to life and personal safety of any emergency service and rescue personnel who might be involved in any such evacuation, and
(xi) the cumulative impact of further development on flooding, and
(xii) the potential for pollution during flooding, and
(b) the impact that flooding will have on the proposed development, including the flood liability of access to the site of the proposed development, and
(c) the provisions of any floodplain management plan adopted by the Council which applies to the land.
The objective of this clause is to ensure that any earthworks will not have a detrimental impact on environmental functions and processes, neighbouring uses, or cultural or heritage items and features.
Consent for earthworks may be granted only if the consent authority is satisfied that:
(a) the earthworks are required for the reasonable economic use of the land on which it takes place or for the provision of utility services, and
(b) there would be no adverse impact on any one or more of the following:
(i) a water body,
(ii) private or public property,
(iii) ground water quality and resources,
(iv) stormwater drainage,
(v) flooding.
The objective of this clause is to protect natural hydrological systems by minimising disturbance and ensuring appropriate land use and management where urban development may affect the process of salinisation, or where the land is affected by groundwater salinity.
Consent must not be granted to development on land if, in the opinion of the consent authority:
(a) it is likely that the land has saline soil, or
(b) the development may cause the soil on the land to become more saline,
unless it has considered a salinity management plan that complies with this clause in relation to the development.
A
(a) any existing soil salinity, or any impact of that salinity, on the land concerned, and
(b) the likelihood and impact of the soil becoming more saline as a result of the development.
The salinity management plan is to include measures that are based on the following principles (to the extent relevant):
(a) the clearing of any native vegetation should be minimised,
(b) deep-rooted species of vegetation that are salt tolerant and able to reduce ground water levels should be planted,
(c) footings of buildings should be constructed so as not to impede groundwater movement,
(d) building materials that are resistant to salt effects should be used in building works,
(e) surface water infiltration should be reduced by constraining irrigation systems,
(f) roadways, utility services and other infrastructure should be located so as to reduce:
(i) any existing soil salinity or any impact of that salinity, and
(ii) the likelihood and impact of the soil becoming more saline as a result of the development.
The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
Development consent is required for the carrying out of works described in the Table to this subclause on land of the class specified for those works, except as provided by this clause.
Class of land shown on the Acid Sulfate Soils Map | Works |
1 | Any works. |
2 | Works below the natural ground surface. Works by which the watertable is likely to be lowered. |
3 | Works beyond 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface. |
4 | Works beyond 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered beyond 2 metres below the natural ground surface. |
5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
Consent is not to be granted under this clause unless:
(a) an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Guidelines and has been provided to the consent authority, and
(b) a copy of the plan and a copy of the development application have been provided to the Department of Environment and Climate Change and the consent authority has considered any comments of the Director-General of that Department made within 21 days after those copies were provided to that Department.
Consent is not required under this clause for the carrying out of works if:
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Guidelines indicates that an acid sulfate soils management plan need not be carried out for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
This clause requires consent for the carrying out of works by a public authority. However, consent is not required for the carrying out of any of the following work by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power):
(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the work has been damaged, ceased to function or poses a risk to the environment or to public health and safety,
(b) routine management work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that would result in the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
This clause does not require consent to carry out any works unless:
(a) the works involve the disturbance of more than one tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works, or
(b) the works are likely to lower the water table.
The objective of this clause is to protect specified public open space from excessive overshadowing.
This clause applies to land in the vicinity of Bigge Park, Apex Park and Macquarie Street Mall (between Elizabeth Drive and Memorial Avenue), as shown edged heavy black on the Height of Buildings Map.
Despite any other provision of this Plan, development on land to which this clause applies is prohibited if the development results in any part of a building projecting above the height and setback controls specified in the Liverpool City Centre Development Control Plan.
This clause does not apply to development resulting only in refurbishment of a building.
The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.
This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation area.
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 35 will be applicable to any such consent.
This clause does not apply to or in respect of:
(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is a routine agricultural management activity within the meaning of that Act carried out on land to which that Act applies, or
(b) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(c) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(d) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
The objectives of this clause are:
(a) to conserve the environmental heritage of Liverpool city centre, and
(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and
(c) to conserve archaeological sites, and
(d) to conserve places of Aboriginal heritage significance.
Development consent is required for any of the following:
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building, by making structural changes to its interior,
(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, consent under this clause is not required if:
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development:
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority may, before granting consent to any development on land:
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(b) an assessment of the impact that proposed development will have on that significance, and
(c) proposals for measures to minimise that impact.
(a) the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,
(b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
(a) the employment of more than 2 persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason 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, or
(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, or
(f) the use of more than 40 square metres of floor area to carry on the business,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(a) the employment of more than 2 persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason 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, or
(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, or
(f) the use of more than 50 square metres of floor area to carry on the light industry,
but does not include bed and breakfast accommodation or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason 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, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation or home occupation (sex services).
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c) the exhibition of any notice, advertisement or sign, or
(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops or refreshment rooms,
(e) transport of patients, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
(a) comprising rooms or self-contained suites, and
(b) that may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats, and
(b) any facility for providing fuelling, sewage pump-out or other services for boats, and
(c) any facility for launching or landing boats, such as slipways or hoists, and
(d) any associated car parking, commercial, tourist or recreational or club facility that is ancillary to a boat storage facility, and
(e) any associated single mooring.
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
The term is defined as follows:
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
The term is defined as follows:
(a) trees (including any sapling or shrub, or any scrub),
(b) understorey plants,
(c) groundcover (being any type of herbaceous vegetation),
(d) plants occurring in a wetland.
Vegetation is
(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Seniors Living) 2004 applies or a transitional group home.
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Typical pond based aquaculture is the pond culture of prawns, yabbies or silver perch.
The term is defined as follows:
The term is defined as follows:
(a) means entertainment to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission and an entertainment does not cease to be a public entertainment merely because:
(i) some (but not all) persons may be admitted to the entertainment otherwise than on payment of money, or other consideration, as the price or condition of admission, or
(ii) such payment, or other consideration, is demanded as the charge for a meal or other refreshment, or for any other service or thing, before admission to the entertainment is granted or as the charge for the entertainment after admission to the entertainment has been granted, and
(b) includes a public meeting.
The term is defined as follows:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
The term is defined as follows:
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) that relates to the settlement of the area of Liverpool, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
(a) agricultural produce industry, or
(b) livestock processing industry, or
(c) use of composting facilities and works (including to produce mushroom substrate), or
(d) use of sawmill or log processing works, or
(e) use of stock and sale yards, or
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,
undertaken for commercial purposes.
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for:
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
(a) land within 100 metres above mean high water mark of the sea, a bay or an estuary,
(b) a coastal lake,
(c) a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(d) a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(e) land declared as an aquatic reserve under the Fisheries Management Act 1994,
(f) land declared as a marine park under the Marine Parks Act 1997,
(g) land within 100 metres of any of the following:
(i) the water’s edge of a coastal lake,
(ii) land to which paragraph (b), (c), (d) or (e) applies,
(iii) land reserved under the National Parks and Wildlife Act 1974,
(iv) land to which State Environmental Planning Policy No 14—Coastal Wetlands applies,
(h) residential land (within the meaning of State Environmental Planning Policy No 26—Littoral Rainforests) that is within a distance of 100 metres from the outer edge of the heavy black line on the series of maps held in the Department of Planning and marked “State Environmental Planning Policy No 26—Littoral Rainforests (Amendment No 2)”.
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows:
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of this Act.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
The term is defined as follows:
(a) used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Seniors Living) 2004 applies.
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
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