Liverpool Local Environmental Plan 1997 (NSW)

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Part 1Preliminary1Name of plan

This plan is Liverpool Local Environmental Plan 1997.

2Objectives of this plan

The general objectives of this plan are:

  • (a)

    to maintain and improve accessibility by identifying major transport corridors and concentrating intensive trip-generating activities in locations most accessible to public transport, and

  • (b)

    to ensure that development is carried out in such a way as to allow the efficient and equitable provision of public services, infrastructure and amenities, and

  • (c)

    to facilitate economic activity within the City of Liverpool without adverse social, economic or environmental impacts, and

  • (d)

    to provide open space and to facilitate the development of community and recreation facilities which are needed for a high quality of lifestyle within the City of Liverpool, and

  • (e)

    to protect and improve the amenity of the City of Liverpool, and

  • (f)

    to conserve, protect and enhance the environmental and cultural heritage of the City of Liverpool, and

  • (g)

    to protect personal safety and to minimise the risk of damage to areas subject to environmental hazards, particularly flooding, and

  • (h)

    to encourage a diversity of housing to meet the needs of the residents of the City of Liverpool, and

  • (i)

    to protect and improve the natural environment in the City of Liverpool, and

  • (j)

    to facilitate development which is environmentally sustainable, and

  • (k)

    to provide a basis for development control plans to supplement the broad controls in this plan with more detailed provisions for regulating the carrying out of development, and

  • (l)

    to promote a high standard of urban and environmental design, and

  • (m)

    to adopt and promote objectives for the development of land in smart growth precincts to provide for the location of appropriate land uses, supported by physical and social infrastructure.

3Land where this plan applies(1)

This plan applies to all land within the City of Liverpool except for land marked “deferred matter” on the map.

(2)

However, this plan does not apply to the following land:

  • Land to which Sydney Regional Environmental Plan No 31—Regional Parklands applies.

  • Land to which Liverpool City Centre Local Environmental Plan 2007 applies.

4Effect of this plan on other environmental planning instruments(1)

This plan:

  • (a)

    repeals all deemed environmental planning instruments and local environmental plans applying to land within the City of Liverpool immediately before the appointed day (including those specified in Schedule 1), except to the extent they apply to land shown as “deferred matter” on the map, and

  • (b)

    amends State Environmental Planning Policy No 25—Residential Allotment Sizes:

    • (i)

      by inserting at the end of Schedule 1 the following words:

      Liverpool

      Land to which Liverpool Local Environmental Plan 1997 applies.

    • (ii)

      by omitting from Part 1 of Schedule 2 the matter relating to the City of Liverpool, and

  • (c)

    amends Sydney Regional Environmental Plan No 12—Dual Occupancy:

    • (i)

      by omitting clauses 8A, 8B and 8C, and

    • (ii)

      by inserting at the end of Schedule 1 the following words:

      Liverpool

      Land to which Liverpool Local Environmental Plan 1997 applies.

    • (iii)

      by omitting from Schedule 3 the matter relating to the City of Liverpool, and

  • (d)

    amends Sydney Regional Environmental Plan No 18:

    • (i)

      by omitting the words “City of Liverpool” from Schedule 1,

    • (ii)

      by omitting clauses 12 and 14 from Schedule 2.

(2)

Environmental planning instruments as in force immediately before the appointed day continue to apply to a development application if:

  • (a)

    the application was made but had not been finally determined before the appointed day, and

  • (b)

    the proposed development is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments as so in force.

5Consent authority

The Council is consent authority for the purposes of this plan.

6Definitions(1)

In this plan:

Abattoir means a building or place used for the commercial slaughter of animals, whether or not animal by-products are processed, manufactured or distributed there, and includes a knackery.

Act of prostitution includes sexual activity between persons of different sexes or of the same sex, comprising:

  • (a)

    sexual intercourse as defined in section 61H of the Crimes Act 1900, or

  • (b)

    masturbation committed by one person on another, for payment.

Advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure, or the carrying out of a work.

Agriculture means the keeping of breeding livestock on improved pastures, or the keeping of bees or birds, for commercial purposes but, in the Table to clause 9, does not include intensive livestock agriculture or intensive plant agriculture.

Alter, in relation to a heritage item or to a building, work or relic within a heritage conservation area, means:

  • (a)

    make structural changes to its exterior, or

  • (b)

    make non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance.

Animal boarding or training establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals for commercial purposes, and includes a riding school and veterinary clinic.

Appointed day means the day on which this plan takes effect.

Aquaculture means cultivating (including propagating and rearing) the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose using an artificially created body of water.

Area of an advertisement in the form of a sign means:

  • (a)

    for a sign with only one side occupied by the matter displayed, the area within the outline of that sign, or

  • (b)

    for a sign with two sides occupied by the matter displayed, the area within the outline of that sign or, where one side is larger than the other, the area within the outline of the larger side, or

  • (c)

    for any other sign, one third of the total surface area of the sign.

Archaeological assessment report means a study undertaken to establish the archaeological potential (research potential) of a particular site and to identify appropriate management actions, in accordance with the guidelines for the time being notified to Council by the Heritage Council.

Arterial road means:

  • (a)

    a road shown on the map as being within the 5 (c) zone, or

  • (b)

    a road declared to be a main road, controlled access road, secondary road or a tollway under the Roads Act 1993, or

  • (c)

    a road shown on the Council’s adopted Road Hierarchy (a copy of which is available from the office of the Council) as an arterial road or a sub-arterial road.

Assisted accommodation means a building or place, not being a group home, used for the purpose of:

  • (a)

    temporary or permanent accommodation for socially disadvantaged people and incorporating facilities for their rehabilitation or relief, or

  • (b)

    temporary or permanent accommodation for incurable or convalescing people.

Attic means a floor located in the roof space where the angle or pitch of the roof is not greater than 36°, and the roof pitches from the ceiling level of the uppermost floor immediately below that floor.

Badgery’s Creek proposed airport site means land at Badgery’s Creek shown as being within the proposed airport site boundary on the map comprising Appendix U to the draft Environmental Impact Statement entitled “Second Sydney Airport Site Selection Programme” prepared for the Commonwealth Department of Aviation by Kinhill Stearns and dated April 1985.

Bed and breakfast premises means a dwelling where its permanent residents provide short term accommodation, which may include meals, for commercial purposes.

Boarding house means a building or place:

  • (a)

    where accommodation, meals and laundry facilities are provided to residents of the building or place, and

  • (b)

    which is not licensed to sell liquor within the meaning of the Liquor Act 1982.

Brothel means premises habitually used for the purpose of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purpose of prostitution.

Bulky goods salesroom or showroom means a building or place used for the sale by retail or auction, or the hire or display, of any of the following:

  • (a)

    furniture, or

  • (b)

    electrical goods, or

  • (c)

    toy and sporting equipment, or

  • (d)

    office furniture, or

  • (e)

    hardware, or

  • (f)

    outdoor products, or

  • (g)

    floor coverings, or

  • (h)

    automotive parts and accessories, or

  • (i)

    lighting, or

  • (j)

    antiques and second-hand goods, or

  • (k)

    kitchen or bathroom showrooms, or

  • (l)

    tiles (floor, ceiling or wall).

Bush fire hazard reduction means a reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bush fire hazard.

Bushland means land on which there is vegetation which is either a remainder of the native plants of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

Business identification sign means an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed:

  • (a)

    the identity or a description of the place or the premises,

  • (b)

    the identity or a description of any person residing or carrying on an occupation at the place or premises,

  • (c)

    particulars of any occupation carried on at the place or premises,

  • (d)

    such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

  • (e)

    particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

  • (f)

    particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

  • (g)

    particulars of any activities held or to be held at the place or premises,

  • (h)

    a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

Business premises means a building or place in which there is carried on an occupation, profession, service, light industry or trade which provides a service directly and regularly to the public but, in the Table to clause 9, does not include a building or place elsewhere defined in this clause.

Caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected.

Car park means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not.

Child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

  • (a)

    the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990, and

  • (b)

    the children (other than those related to the owner or operator) do not reside at the building or place (unless it is exempt premises under the Children (Care and Protection) Act 1987).

Clear, in relation to land, means the destruction of, or removal in any manner, of native plants growing on the land, but does not include:

  • (a)

    the destruction or removal of plants declared to be noxious by order pursuant to section 7 of the Noxious Weeds Act 1993, by means not likely to be significantly detrimental to the native eco-system, or

  • (b)

    the incidental destruction or removal of native plants growing adjacent to any such noxious plants occurring unavoidably during the process of destroying or removing those noxious plants, or

  • (c)

    forestry operations, or

  • (d)

    bushfire hazard reduction.

Communications facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, including radio masts, transmission towers, satellite discs and the like.

Community facility means a building or place owned or controlled by a public authority or a body of persons which provides for the physical, social, cultural, or intellectual development or welfare of the local community but, in the Table to clause 9, does not include a building or place elsewhere defined in this clause.

Conservation plan means a document establishing the heritage significance of a heritage item or heritage conservation area and describing policies and management mechanisms that are appropriate to enable that significance to be retained in its future use and development.

Contaminated land means land identified in a register kept by the Council which contains soil that has in it a concentration of chemical substances (including substances listed in the Australian Dangerous Goods Code) that is likely to pose an immediate or long term hazard to human health or the environment by making the land:

  • (a)

    unsafe or unfit for habitation or occupation by people or animals, or

  • (b)

    degraded in its capacity to support plant life, or

  • (c)

    otherwise environmentally degraded.

Convenience store means a shop selling a variety of small grocery goods, whether or not goods are available for hire there.

Corporation means the corporation constituted by section 8 (1) of the Act.

Council means the Council of the City of Liverpool.

Dam means all works or activities, including stormwater retention basins, the placement of fill or the excavation of land, involved in the permanent or temporary storage of water on land which significantly alters the shape, natural form or drainage of land.

Demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item, building, work, relic, tree or place.

Depot means a building or place used for the storage (but not sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place but, in the Table to clause 9, does not include a building or place elsewhere defined in this clause.

Development for the purpose of public transport includes the construction, reconstruction, realignment, relocation and widening of any road and any other development carried out in relation to a road.

Dual occupancy housing means two dwellings (whether attached or detached) on a single allotment of land (or which would be on a single allotment were it not for the fact that the allotment is to be subdivided when the development is carried out resulting in erection of the dwellings).

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

Dwelling house means a dwelling (whether attached to another dwelling or not) which is the only dwelling erected on an allotment of land.

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.

Edmondson Park Smart Growth Precinct means the land shown edged heavy black on Sheet 1 of the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 83)”.

Edmondson Park Town Centre means the land shown edged heavy black on Sheet 3 of the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 114)”.

Educational establishment means a building or place used for education (including teaching) and includes:

  • (a)

    a government school or non-government school within the meaning of the Education Reform Act 1990, and

  • (b)

    a tertiary institution, including a university, and TAFE college, providing formal education which is constituted by or under an Act, and

  • (c)

    an art gallery or museum, not used to sell the items displayed in it,

whether or not accommodation for staff or students is provided there and whether or not it is used for the purpose of gain.

Entertainment establishment means a building or place used for the purpose of theatres or cinemas.

Entertainment facility means a building or place used for the purpose of entertainment, exhibitions, displays or cultural events and includes:

  • (a)

    sports stadiums, showgrounds, race courses and the like, and

  • (b)

    music halls, concert halls, open air theatres, drive-in theatres and the like, and

  • (c)

    entertainment centres, convention centres, exhibition centres and the like.

Environmental conservation activities means:

  • (a)

    the carrying out of bushland regeneration and rehabilitation, or

  • (b)

    weed or pest control, or

  • (c)

    the construction of walking tracks and fencing and the carrying out of any other such work for the purposes of passive recreation activities.

Exhibition home means a dwelling built for the purposes of public exhibition and marketing which is intended to be sold as a private dwelling after it has been used for those purposes and may include a sales office, and a place used for providing home financing and a materials display, and the like.

Exhibition village means a contiguous group of exhibition homes and other buildings or works used for the purpose of promoting house sales including sales offices, and places used for providing home financing, a materials display and the sale of take-away food, and the like.

Extractive industry means:

  • (a)

    winning extractive material, or

  • (b)

    an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried out and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land.

Extractive material means sand, gravel, turf, soil, rock, stone, sandstone or similar substances.

Family day care centre means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling where a care giving service (within the meaning of the Family Day Care and Home Based Child Care Services Regulation 1996) is provided and organised or arranged by a sponsoring body (for example, the Council) and which caters for up to 7 children under 12 years of age (including the care givers’ children), but with a maximum of 5 children under 6 years of age.

Flood liable land means land identified by the Council as being inundated by the 1% probability flood event for the catchment in which the land is situated and indicated as flood liable land on a map marked “Flood Liable Land Map”.

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

Forestry includes arboriculture, silviculture and the harvesting of trees and shrubs for the purpose of:

  • (a)

    afforestation, forest protection, the cutting, dressing and preparing (otherwise than in a sawmill) of wood and other forest products, or

  • (b)

    establishing roads necessary for the removal of wood and forest products and for forest protection.

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

Gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

  • (a)

    columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and

  • (b)

    lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and

  • (c)

    car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to it, and

  • (d)

    space for the loading and unloading of goods, and

  • (e)

    internal public arcades and thoroughfares, terraces, balconies with outer walls less than 1,400 millimetres high and the like.

Ground level means the level of a site as if no development has taken place, other than any filling of the site to meet a requirement of the Council.

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

Hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

  • (a)

    to human health, life or property, or

  • (b)

    to the biophysical environment.

Hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality:

  • (a)

    to human health, life or property, or

  • (b)

    to the biophysical environment.

Health consulting rooms means a room or a number of rooms within a dwelling house used by not more than three persons to provide professional medical treatment or health care services (including dental, veterinary and optical services) to members of the public and who employ not more than 3 employees in connection with the practice.

Heavy vehicle means a vehicle with an unladen weight exceeding 3 tonnes but does not include fire engines, ambulances and other emergency vehicles.

Heavy equipment means equipment used in conjunction with heavy vehicles including, but not limited to, items such as trailers, container prime-movers and refrigerated vans or containers.

Height, in relation to a building, means the vertical distance measured between ground level at any point at which the building is sited, and the ceiling of the topmost floor of the building above that point.

Helicopter landing site means a place not open to the public used for the taking off and landing of helicopters.

Heliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes:

  • (a)

    a terminal building, or

  • (b)

    facilities for the parking, storage or repair of helicopters.

Heritage conservation area means an area identified on the map as a heritage conservation area by a dotted and dashed line.

Heritage item means a building, work, relic, tree or place specified in Schedule 2 and shown on the map by diagonal hatching or, in the case of trees, shown by a dotted line.

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

Highway service centre means a place which has direct access to a freeway or controlled access road and provides petrol and diesel fuel outlets, toilets, restaurant facilities (for either sit-down or take-away meals, or both), parking for cars, buses and trucks and emergency repair facilities.

Home-based child care service means any service, provided at the premises where the person providing the service resides, for the purpose of educating, minding or caring for one or more children (disregarding any children who are related to the person providing the service), but only if the following conditions are satisfied:

  • (a)

    the children (other than those related to the person providing the service) do not reside at the premises, and

  • (b)

    the service is licensed within the meaning of the Family Day Care and Home Based Child Care Services Regulation 1996.

Home business means the use of a dwelling or the land on which a dwelling is located, or of another building on any such land, for the purpose of an office, light industry or business, but only if:

  • (a)

    that use is undertaken by the permanent residents of the dwelling, whether or not others are employed, and

  • (b)

    the use does not interfere unreasonably in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and

  • (c)

    the use does not involve public display or retail sale of any goods from the premises, and does not include a land use elsewhere defined in this clause, and

  • (d)

    when it is carried out on land in the 2 (a), 2 (b), 2 (c) or 2 (d) zone, the use does not employ more than 6 employees or have a floor space exceeding 50 sq m, and

  • (e)

    the use does not involve a brothel.

Home occupation means the use of a dwelling or the land on which a dwelling is located, or another building on any such land, for the purpose of an office or business, but only if:

  • (a)

    that use is undertaken by the permanent residents of the dwelling, and

  • (b)

    the use does not interfere unreasonably in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and

  • (c)

    the use does not involve public display or retail sale of any goods from the premises, and

  • (d)

    the use does not involve a brothel, and

  • (e)

    the use does not involve the registration of the building under the Factories, Shops and Industries Act 1962, and

  • (f)

    the use does not involve the exhibition of any notice, advertisement or sign (other than a notice advertisement or sign exhibited on that dwelling to indicate the name and occupation of the resident).

Hospital means a building or place used for the purpose of providing professional health care services (such as preventative or rehabilitative care, diagnosis, medical or surgical treatment, care for people with disabilities, psychiatric care or counselling and services provided by health care professionals) to people who are admitted as in-patients, including any:

  • (a)

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

  • (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,

and includes a building or place that is used exclusively as a day surgery or day procedure centre.

Hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982.

Housing for aged or disabled persons means residential accommodation which may take any building form, which is or is intended to be used as housing for the permanent accommodation of aged persons or disabled persons.

Industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods, articles, materials, liquids or gases for commercial purposes but, in the Table to clause 9, does not include a land use elsewhere defined in this clause.

Integrated housing means development that consists of:

  • (a)

    the subdivision of land into three or more allotments, and

  • (b)

    the erection of a dwelling house on each of the allotments created by that subdivision.

Intensive livestock agriculture means a building or place used for the keeping or breeding of livestock or poultry or other birds, which are fed wholly or substantially on prepared or manufactured feed, and includes cattle feed lots, piggeries, poultry farms and worm farms, but excludes a building or place used only for drought or similar emergency relief.

Intensive plant agriculture means land used for the cultivation of crops, including cereals, fruit, flowers, nuts, vegetables, mushrooms, turf, irrigated rice, irrigated cotton, wholesale plant nurseries or hydroponics.

Landfill means all works or activities involved in the placement of fill on land, or an excavation of land, which significantly alters the shape, natural form or drainage of land but does not include dams.

Light industry means an industry in which the processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood but, in the Table to clause 9, does not include an industry elsewhere defined in this clause.

local shop means a shop that:

  • (a)

    operates primarily to service the surrounding residential area, and

  • (b)

    trades principally in groceries, small goods and associated convenience items but that may also offer a post office facility or a newsagency facility, and

  • (c)

    does not exceed 75 square metres in gross floor area.

Maintenance means the continuous protective care of the fabric of a heritage item and its setting.

Maintenance dredging means the removal of alluvial material from:

  • (a)

    the bed of a tidal waterbody:

    • (i)

      to enable the waterway to continue to function as a tidal waterway, or

    • (ii)

      to resume its function as a tidal waterway, or

  • (b)

    deltas formed at stormwater outlets, drains or the junction of creeks with rivers, or

  • (c)

    sediment ponds or dams or artificial wetlands, or

  • (d)

    oyster leases,

to restore productivity.

Map means a map deposited in the office of the Council.

Marina means shoreside facilities for mooring or servicing boats providing:

  • (a)

    facilities, including pontoons, jetties, piers, berths or moorings, and

  • (b)

    facilities for dry or rack storage of vessels, repair, maintenance or refuelling of vessels, pumping out of sewage, sail lofts, spillways, hoists, and facilities for the provision of accessories or parts for boats or food for boating operations.

Materials recycling yard means a building or place used for collecting, dismantling, storing, or recycling of second-hand or scrap materials for the purpose of resale.

Medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.

Mine means the obtaining (by methods including excavating, quarrying, dredging, tunnelling or drilling) or removal of minerals, petroleum or natural gas and includes the storage and processing of the material obtained.

Mineral has the same meaning as in the Mining Act 1992.

Motel means premises, not being a hotel, bed and breakfast premises or serviced apartments, used for the temporary or short term accommodation of travellers.

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 sold or displayed there.

Multiple dwellings means three or more dwellings (whether or not attached) on one allotment of land, each with private open space at or near ground level.

Native plants means plants indigenous to the State of New South Wales, including trees, shrubs, ferns, vines, herbs and grasses indigenous to the State.

Nuclear activities includes any procedure or operation involved in the exploration for, or in the quarrying or mining, milling, conversion, enrichment, fabrication, reprocessing or disposal of, nuclear material.

Nuclear facility includes a nuclear reactor, a nuclear power plant, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant or an installation for the storage of nuclear material.

Nuclear material means any radioactive substance associated with the nuclear fuel cycle, including:

  • (a)

    any substance which is capable of being transformed into fissile material, and

  • (b)

    a substance capable of undergoing nuclear fission, and

  • (c)

    spent fuel, and

  • (d)

    waste,

but does not include isotopes or materials used for medical purposes.

Offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

Offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

Office premises means a building or place used for the purpose of administration, clerical, technical, professional or like activities, where dealings with members of the public are not on a direct and regular basis or otherwise than by appointment, but, in the Table to clause 9, does not include a building or place elsewhere defined in this clause.

Passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, including any facilities required for parking, manoeuvring, storing or routine servicing of any vehicle forming part of that undertaking.

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

Plant hire means a building or place used to hire out tools, plant and equipment used by builders and do-it-yourselfers and for the service and maintenance of the tools, plant and equipment.

Potential archaeological site means a site specified in Schedule 3 and shown on the map by a dashed line and includes a site known to the Council to have archaeological potential even if it is not so identified.

Precinct map means:

  • for the Southern Hoxton Park Aerodrome Smart Growth Precinct, Sheet 2 of the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 71)”.

  • for the Edmondson Park Smart Growth Precinct, Sheet 1 of the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 83)”.

Public building means a building or place used as a business or office by a public authority or an organisation established for public purposes.

Real estate sign means an advertisement that contains only a notice that the place or premises to which it is fixed is or are for sale or letting (together with particulars of the sale or letting) and that is not displayed for more than 14 days after the letting or completion of the sale.

Recreation area means:

  • (a)

    a children’s playground, or

  • (b)

    an area used for sporting activities or sporting facilities, or

  • (c)

    an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

  • (d)

    an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose,

but does not include race-courses and showgrounds.

Recreation facility means a building or place used for sporting activities, recreation or leisure activities, or a shop selling take-away food or tourist related items, whether or not operated for the purpose of gain, and may consist of or include:

  • (a)

    a swimming pool, golf course, tennis court, bowling green or playing field, and

  • (b)

    a paint ball park or gun club, and

  • (c)

    a go-kart track, skating rink, skateboard and rollerblade ramp or mini-golf course, and

  • (d)

    a bowling alley, pinball and video parlour or pool hall, and

  • (e)

    boating facilities, such as marinas, boat sheds, boat ramps or landing facilities.

Registered club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.

Relic means any deposit, object or material evidence relating to:

  • (a)

    the use or settlement of the area of the City of Liverpool, not being Aboriginal habitation, which is more than 50 years old, or

  • (b)

    Aboriginal habitation of that area, before or after its occupation by persons of European extraction, including human remains.

Research establishment means a building or place used for the testing of any industrial goods or any articles for commercial purposes.

Research facility means a building or place used for the design, research or development of any industrial goods or any articles for commercial purposes but, in the Table to clause 9, does not include a building or place elsewhere defined in this clause.

Residential flat building means a building containing three or more dwellings but, in the Table to clause 9, does not include a building elsewhere defined in this clause.

Restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises or to provide take-away meals.

Retail plant nursery means a building or place used for growing plants and selling plants by retail, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold there.

Road means a public thoroughfare used for the passage of vehicles or animals.

Roadside stall means a place or temporary structure used for the selling by retail of agricultural produce produced on the allotment of land on which the place or temporary structure is located.

Road transport terminal means a building or place used for the bulk handling of goods for transport by road, and includes:

  • (a)

    the facilities for the loading and unloading of the vehicles that transport those goods and for the parking, servicing and repair of those vehicles, and

  • (b)

    a building or place used for the loading and unloading of containers,

but, in the Table to clause 9, does not include a building or place elsewhere defined in this clause.

Rural industry means a business activity involving:

  • (a)

    the handling, treating, processing or packing of primary products, or

  • (b)

    regular servicing or repairing of plant, equipment or motor vehicles used for the purpose of agriculture, aquaculture or a business activity referred to in paragraph (a).

Sanctuary means a building or place used for the preservation of native flora or fauna, or both, but, in the Table to clause 9, does not include a building or place elsewhere defined in this clause.

Sawmill means a mill used for handling, cutting and processing timber from logs or baulks.

Sector—see clause 8 (5).

Serviced apartments means a building containing two or more dwellings which are cleaned and otherwise serviced or maintained by the owner or manager of the building or the owner’s or manager’s agent.

service station means a building or place used for the sale by retail of motor vehicle fuels and lubricants.

Shop means a building or place used for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring them (whether the items are goods or materials).

Site area, in relation to development, means the area of land to which an application for consent to carry out the development relates, excluding it from any land on which the development is not permitted by this plan.

Smart growth precinct—see clause 8 (4).

Southern Hoxton Park Aerodrome Smart Growth Precinct means the land shown edged heavy black on Sheet 1 of the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 71)”.

Statement of heritage impact means a document which contains an assessment of the extent to which an application for development may affect the heritage significance of a heritage item or heritage conservation area.

Stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.

The Act means the Environmental Planning and Assessment Act 1979.

The Map means the series of maps marked “Liverpool Local Environmental Plan 1997”, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

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

  • Liverpool Local Environmental Plan 1997 (Amendment No 1)

  • Liverpool Local Environmental Plan 1997 (Amendment No 2)

  • Liverpool Local Environmental Plan 1997 (Amendment No 4)

  • Liverpool Local Environmental Plan 1997 (Amendment No 5)

  • Liverpool Local Environmental Plan 1997 (Amendment No 6)—Sheet 2

  • Liverpool Local Environmental Plan 1997 (Amendment No 8)

  • Liverpool Local Environmental Plan 1997 (Amendment No 9)

  • Liverpool Local Environmental Plan (Amendment No 10)

  • Liverpool Local Environmental Plan 1997 (Amendment No 11)

  • Liverpool Local Environmental Plan 1997 (Amendment No 12)

  • Liverpool Local Environmental Plan 1997 (Amendment No 14)

  • Liverpool Local Environmental Plan 1997 (Amendment No 15)

  • Liverpool Local Environmental Plan 1997 (Amendment No 16)

  • Liverpool Local Environmental Plan 1997 (Amendment No 19)

  • Liverpool Local Environmental Plan 1997 (Amendment No 23)

  • Liverpool Local Environmental Plan 1997 (Amendment No 25)

  • Liverpool Local Environmental Plan 1997 (Amendment No 29)

  • Liverpool Local Environmental Plan 1997 (Amendment No 36)

  • Liverpool Local Environmental Plan 1997 (Amendment No 37)

  • Liverpool Local Environmental Plan 1997 (Amendment No 38)

  • Liverpool Local Environmental Plan 1997 (Amendment No 43)

  • Liverpool Local Environmental Plan 1997 (Amendment No 44)

  • Liverpool Local Environmental Plan 1997 (Amendment No 45)

  • Liverpool Local Environmental Plan 1997 (Amendment No 46)

  • Liverpool Local Environmental Plan 1997 (Amendment No 48)

  • Liverpool Local Environmental Plan 1997 (Amendment No 49)

  • Liverpool Local Environmental Plan 1997 (Amendment No 52)

  • Liverpool Local Environmental Plan 1997 (Amendment No 53)

  • Liverpool Local Environmental Plan 1997 (Amendment No 57)

  • Liverpool Local Environmental Plan 1997 (Amendment No 58)

  • Liverpool Local Environmental Plan 1997 (Amendment No 60)

  • Liverpool Local Environmental Plan 1997 (Amendment No 61)

  • Liverpool Local Environmental Plan 1997 (Amendment No 63)

  • Liverpool Local Environmental Plan 1997 (Amendment No 64)

  • Liverpool Local Environmental Plan 1997 (Amendment No 65)

  • Liverpool Local Environmental Plan 1997 (Amendment No 67)

  • Liverpool Local Environmental Plan 1997 (Amendment No 68)

  • Liverpool Local Environmental Plan 1997 (Amendment No 71)—Sheet 1

  • Liverpool Local Environmental Plan 1997 (Amendment No 73)

  • Liverpool Local Environmental Plan 1997 (Amendment No 75)

  • Liverpool Local Environmental Plan 1997 (Amendment No 76)

  • Liverpool Local Environmental Plan 1997 (Amendment No 78)

  • Liverpool Local Environmental Plan 1997 (Amendment No 79)

  • Liverpool Local Environmental Plan 1997 (Amendment No 82)

  • Liverpool Local Environmental Plan 1997 (Amendment No 83)—Sheets 1–3 and, subject to clause 32D, Sheet 4

  • Liverpool Local Environmental Plan 1997 (Amendment No 84)

  • Liverpool Local Environmental Plan 1997 (Amendment No 88)—Sheet 1

  • Liverpool Local Environmental Plan 1997 (Amendment No 95)

  • Liverpool Local Environmental Plan 1997 (Amendment No 98)

  • Liverpool Local Environmental Plan 1997 (Amendment No 103)—Sheet 1

  • Liverpool Local Environmental Plan 1997 (Amendment No 111)

  • Liverpool Local Environmental Plan 1997 (Amendment No 114)—Sheets 1–3

Temporary sign means an advertisement of a temporary nature that:

  • (a)

    announces any local event of a religious, educational, cultural, political, social, or recreational character or relates to any temporary matter in connection with such an event, and

  • (b)

    does not include advertising of a commercial nature except the name of an event’s sponsor.

Temporary signs may consist of advertisements in the form of banners, bunting, posters, inflatable structures and similar things.

Transport depot means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.

tree means a living perennial plant not less than 2 metres high which, if permitted to grow to maturity, would have a height in excess of 3 metres.

Utility installation means a building or work used for a utility undertaking.

Utility undertaking means any undertaking carried on by, or by authority of, a public authority or in pursuance of any Commonwealth or State Act, for the purpose of:

  • (a)

    railway, road, water or air transport, or wharf or river undertakings, or

  • (b)

    the provision of sewerage or drainage services, or

  • (c)

    the supply of water, hydraulic power, electricity or gas, or

  • (d)

    telecommunications.

Vacant land means land on which, immediately before the day on which a notice requiring its acquisition is given under this plan, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.

Vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting.

Vehicle repair station means a building or place used for the purpose of carrying out repairs or selling and fitting of accessories to vehicles or agricultural machinery.

Veterinary hospital 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.

Warehouse or distribution centre means a building or place used for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.

Waste disposal means landfill which involves the filling of land with:

  • (a)

    sludge, or

  • (b)

    putrescible waste, or

  • (c)

    waste that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste.

Water body means:

  • (a)

    a natural water body, including:

    • (i)

      a lake or lagoon either naturally formed or artificially modified, or

    • (ii)

      a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or

    • (iii)

      tidal waters, including any bay, estuary or inlet, or

  • (b)

    an artificial water body, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake,

but does not include a dry detention basin or other construction that is only intended to hold water intermittently.

Wetland means:

  • (a)

    natural wetland which includes marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows, or wet heathlands that form a shallow water body (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, which includes 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 that are constructed from and vegetated with wetland plant communities.

Zone—see clause 8 (3).

(2)

In this plan:

  • (a)

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

  • (b)

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

(3)

The list of contents of this plan and notes to this plan do not form part of this plan.

6AWhat is exempt development?(1)

Development listed as exempt development in Liverpool City Council Development Control Plan No 32—Exempt Development, as adopted by the Council on 3 September 1999, is exempt development (except as provided by subclauses (2) and (3)) and may be carried out without development consent.

(2)

Development is exempt development only if:

  • (a)

    it does not cause 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 or otherwise, and

  • (b)

    it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

  • (c)

    it complies with any relevant standards set for the development by this plan and by Liverpool City Council Development Control Plan No 32—Exempt Development as adopted by the Council on 3 September 1999, and

  • (d)

    it does not contravene any condition of a development consent applying to the land, and

  • (e)

    it does not obstruct drainage of the site on which it is carried out, and

  • (f)

    it does not restrict any vehicular or pedestrian access to or from the site, and

  • (g)

    it is not carried out within any easement or public sewer main and complies with the building over sewer requirements of the Sydney Water Corporation applying to the land, and

  • (h)

    it does not require a tree to be removed, and

  • (i)

    it does not contravene any restriction on the land, imposed by or for the benefit of the Council in a section 88B instrument under the Conveyancing Act 1919.

(3)

Development is not exempt development if it is carried out on land that:

  • (a)

    is a heritage item or the site of a heritage item, or

  • (b)

    is an Aboriginal place under the National Parks and Wildlife Act 1974, or

  • (c)

    is identified as:

    • (i)

      land to which this plan does not apply (being land shown as “deferred matter” on the Map), or

    • (ii)

      land within the 5 (b) Special Uses—Railways zone, or

    • (iii)

      land within the 5 (c) Special Uses—Arterial Road zone, or

    • (iv)

      land within the 5 (d) Special Uses—Local Road zone, or

    • (v)

      land within the 6 (b) Recreation—Private zone, or

    • (vi)

      land within the 6 (c) Recreation—Corridor zone, or

    • (vii)

      land within the 7 (a) Environment Protection—Waterway zone, or

    • (viii)

      land within the 7 (b) Environment Protection—Bushland zone, or

    • (ix)

      land within the 7 (c) Environment Protection—Conservation zone, or

    • (x)

      land on which there is significant vegetation (being land shown with cross-hatching on the Map), or

    • (xi)

      a potential archaeological site (being land specified in Schedule 3), or

  • (d)

    is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

  • (e)

    is an aquatic reserve declared under the Fisheries Management Act 1994, or

  • (f)

    is flood liable land, or

  • (g)

    is within 40 metres of a waterway.

Note—

Section 76 (3) of the EPA Act states that exempt development cannot be carried out on land that is:

  • (a)

    critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or

  • (b)

    within a wilderness area (within the meaning of the Wilderness Act 1987).

6BWhat is complying development?(1)

Development listed as complying development in Liverpool City Council Development Control Plan No 33—Complying Development, as adopted by the Council on 3 September 1999, 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 in section 106 of the Act,

except as provided by subclauses (2) and (3).

(2)

Development is complying development only if:

  • (a)

    it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

  • (b)

    it will achieve the outcomes for development listed in Liverpool City Council Development Control Plan No 33—Complying Development, as adopted by the Council on 3 September 1999, and

  • (c)

    it complies with the relevant development standards set for the development by this plan and by Liverpool City Council Development Control Plan No 33—Complying Development, as adopted by the Council on 3 September 1999, and

  • (d)

    no environmental planning instrument states that the adequacy of an acid sulfate soils management plan for the proposed development must be considered before consent can be granted for it, and

  • (e)

    it is consistent with any plan for management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land, and

  • (f)

    it does not contravene any condition of development consent applying to the land, and

  • (g)

    it is not carried out within any easement or public sewer main and complies with the building over sewer requirements of the Sydney Water Corporation applying to the land, and

  • (h)

    is does not require a tree to be removed, and

  • (i)

    it does not contravene any restriction on the land, imposed by or for the benefit of the Council in a section 88B instrument under the Conveyancing Act 1919.

Note—

Section 76A (6) of the EP& Act states that the following development can not be complying development:

  • (a)

    (Repealed)

  • (b)

    designated development,

  • (c)

    any development, if consent for it requires the concurrence of a person other than the consent authority or the Director-General of National Parks and Wildlife, as referred to in section 79B (3) of the EP& Act.

(3)

Development is not complying development if it is carried out on land that:

  • (a)

    is identified in this or any other environmental planning instrument, as bushfire prone, flood liable, or contaminated land, or land subject to subsidence, slip or erosion, or land within 40 metres of a waterway, or

  • (b)

    is a site that has previously been used as a service station or a sheep or cattle dip, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment or for the manufacture of chemicals, asbestos or asbestos products, and 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, or

  • (c)

    is an Aboriginal place under the National Parks and Wildlife Act 1974, or

  • (d)

    is identified as:

    • (i)

      land to which this plan does not apply (being land shown as “deferred matter” on the Map), or

    • (ii)

      land within the 5 (b) Special Uses—Railways zone, or

    • (iii)

      land within the 5 (c) Special Uses—Arterial Road zone, or

    • (iv)

      land within the 5 (d) Special Uses—Local Road zone, or

    • (v)

      land within the 6 (b) Recreation—Private zone, or

    • (vi)

      land within the 6 (c) Recreation—Corridor zone, or

    • (vii)

      land within the 7 (a) Environment Protection—Waterway zone, or

    • (viii)

      land within the 7 (b) Environment Protection—Bushland zone, or

    • (ix)

      land within the 7 (c) Environment Protection—Conservation zone, or

    • (x)

      land on which there is significant vegetation (being land shown with cross-hatching on the Map), or

    • (xi)

      a potential archaeological site (being land specified in Schedule 3), or

  • (e)

    is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

  • (f)

    is an aquatic reserve declared under the Fisheries Management Act 1994, or

  • (g)

    is a special area or outer catchment area within the meaning of the Sydney Water Catchment Management Act 1998, or

  • (h)

    is within 200 metres of a poultry farm.

Note—

Section 76A (6) of the EP& Act states that development can not be complying development if it is carried out on land:

  • (a)

    that is critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or

  • (b)

    that is within a wilderness area (within the meaning of the Wilderness Act 1987), or

  • (c)

    that comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or

  • (d)

    that is identified as an environmentally sensitive area in the environmental planning instrument providing for the complying development.

7Covenants(1)

Any agreement, covenant or similar instrument which controls development permitted by this plan does not apply to the extent necessary to permit that 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 this plan was made.

Part 2General controls for land in zones or in sectors in smart growth precincts8Zones and sectors in this plan(1)

Land to which this plan applies may be within a zone or, if the land is in a smart growth precinct, within a sector.

(2)

The numbers and names of zones and the names of sectors are as follows:

  • Zones

    1 (a) Rural

    1 (b) Rural—Small Holdings

    1 (c) Rural—Environment Protection

    1 (d) Rural—Residential

    1 (e) Rural—Future Urban

    1 (f) Rural—Landscape Protection

    2 (a) Residential

    2 (b) Residential—Race Course

    2 (c) Residential—Flat Buildings

    2 (d) Residential—City Centre

    2 (e) Residential—Developing Communities

    2 (f) Residential—Mixed Development

    3 (a) Business

    3 (b) Business—Highway

    3 (c) Business—Town Support

    3 (d) Business—Town Centre

    4 (a) Industrial

    4 (b) Industrial—Special

    4 (c) Industrial—Business Park

    4 (d) Industrial—Business Enterprise

    5 (a) Special Uses

    5 (b) Special Uses—Railways

    5 (c) Special Uses—Arterial Road

    5 (d) Special Uses—Local Road

    6 (a) Recreation Public

    6 (b) Recreation—Private

    6 (c) Recreation—Corridor

    7 (a) Environment Protection—Waterway

    7 (b) Environment Protection—Bushland

    7 (c) Environment Protection—Conservation

    8 (b) National Parks and Nature Reserves

  • Sectors in smart growth precincts

    Neighbourhood Centre

    Medium Density Residential

    Small Lot Residential

    Standard Residential

    School

    Community Purposes

    Water Management

    Open Space

    Environmental Corridor

(3)

Land is within a zone if it is indicated on the map by the number of the zone.

(4)

Land is within a smart growth precinct if it is indicated on the map by the name of the smart growth precinct. Schedule 10 includes provisions for each named smart growth precinct.

(5)

Land is within a sector if it is indicated on the precinct map for the smart growth precinct within which it is situated by the colour corresponding to the sector.

9Development which is allowed or prohibited within a zone(1)

Unless otherwise provided by this plan, the Table to this clause specifies for each zone and sector:

  • (a)

    development which may be carried out without consent, where “✔*” is shown corresponding to that development, and

  • (b)

    development which may be carried out only with consent, where “✔” is shown corresponding to that development.

(2)

Development referred to in the Table to this clause is prohibited in a zone if “✔*” or “✔” is not shown corresponding to that development.

(3)

Development which is not referred to in the Table to this clause may be carried out only with consent (except within the 6 (c) zone, in which any such development is prohibited).

(4)

The Council may grant consent to development only if the Council has had regard to the following:

  • (a)

    the general objectives and other objectives of this plan,

  • (b)

    the objectives of the zone or smart growth precinct in which it is proposed to be carried out,

  • (c)

    in the case of land within a smart growth precinct, any relevant recommendations for the design and other features of the proposed development that are indicated on the precinct map for the precinct,

  • (d)

    the other provisions of this plan.

Development for the purpose of:

Zone

Rural

Residential

Business

Industrial

Special Uses

Recreation

Environment Protection

1 (a)

1 (b)

1 (c)

1 (d)

1 (e)

1 (f)

2 (a)

2 (b)

2 (c)

2 (d)

2 (e)

2 (f)

3 (a)

3 (b)

3 (c)

3 (d)

4 (a)

4 (b)

4 (c)

4 (d)

5 (a)

5 (b)

5 (c)

5 (d)

6 (a)

6 (b)

6 (c)

7 (a)

7 (b)

7 (c)

Abattoirs

Advertisements

Agriculture

✔*

✔*

✔*

✔*

Animal boarding or training establishments

Aquaculture

Assisted accommodation

Bed and breakfast premises

Boarding houses

Brothels

Bulky goods salesrooms or showrooms

Business premises

Caravan parks

Car parks

Child care centres

Cinemas

Communications facilities

Community facilities

Convenience stores

Dams

Depots

Dual occupancy housing

Dwelling houses

Educational establishments

Entertainment facilities

Exhibition homes

Exhibition villages

Extractive industries

Family day care centres

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

Forestry

Generating works

Group homes

Hazardous industries

Hazardous storage establishments

Health consulting rooms

Helicopter landing sites

Heliports

Highway service centres

Home-based child care services

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

Home businesses

Home occupations

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

Hospitals

Hotels

Housing for aged or disabled persons

Industries

Integrated housing

Intensive livestock agriculture

Intensive plant agriculture

Landfill

Light industries

Local shops

Maintenance dredging

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

✔*

Marinas

Materials recycling yards

Medical centres

Mines

Motels

Motor showrooms

Multiple dwellings

Nuclear activities

Nuclear facilities

Offensive industries

Offensive storage establishments

Office premises

Passenger transport terminals

Places of public worship

Plant hire

Public buildings

Recreation areas

Recreation facilities

Registered clubs

Research establishments

Research facilities

Residential flat buildings

Restaurants

Retail plant nurseries

Roads

Roadside stalls

Road transport terminals

Rural industries

Sanctuaries

Sawmills

Serviced apartments

Service stations

Shops

Stock and sale yards

Transport depots

Utility installations

Utility undertakings

Vehicle body repair workshops

Vehicle repair stations

Veterinary hospitals

Warehouse or distribution centres

Waste depots

Smart growth precincts

Sectors

Development for the purpose of:

Neighbourhood Centre

Medium Density Residential

Small Lot Residential

Standard Residential

School

Community Purposes

Water Management

Open Space

Environmental Corridor

Abattoirs

Advertisements

Agriculture

Animal boarding or training establishments

Aquaculture

Assisted accommodation

Bed and breakfast premises

Boarding houses

Brothels

Bulky goods salesrooms or showrooms

Business premises

Caravan parks

Car parks

Child care centres

Cinemas

Communications facilities

Community facilities

Convenience stores

Dams

Depots

Dual occupancy housing

Dwelling houses

Educational establishments

Entertainment facilities

Exhibition homes

Exhibition villages

Extractive industries

Family day care centres

✔*

✔*

✔*

✔*

✔*

Forestry

Generating works

Group homes

Hazardous industries

Hazardous storage establishments

Health consulting rooms

Helicopter landing sites

Heliports

Highway service centres

Home-based child care services

✔*

✔*

✔*

Home businesses

Home occupations

✔*

✔*

✔*

✔*

Hospitals

Hotels

Housing for aged or disabled persons

Industries

Integrated housing

Intensive livestock agriculture

Intensive plant agriculture

Landfill

Light industries

Local shops

Maintenance dredging

✔*

✔*

✔*

Marinas

Materials recycling yards

Medical centres

Mines

Motels

Motor showrooms

Multiple dwellings

Nuclear activities

Nuclear facilities

Offensive industries

Offensive storage establishments

Office premises

Passenger transport terminals

Places of public worship

Plant hire

Public buildings

Recreation areas

Recreation facilities

Registered clubs

Research establishments

Research facilities

Residential flat buildings

Restaurants

Retail plant nurseries

Roads

Roadside stalls

Road transport terminals

Rural industries

Sanctuaries

Sawmills

Serviced apartments

Service stations

Shops

Stock and sale yards

Transport depots

Utility installations

Utility undertakings

Vehicle body repair workshops

Vehicle repair stations

Veterinary hospitals

Warehouse or distribution centres

Waste depots

Explanation of Symbols:

  • ✔* permitted without consent

  • ✔ permitted only with consent

  • Development is prohibited where there is no symbol

9ADevelopment within the 8 (b) zone(1)

The objectives of the 8 (b) zone are:

  • (a)

    to identify land that is or is to be reserved under the National Parks and Wildlife Act 1974, and

  • (b)

    to permit development for a purpose authorised under that Act to be carried out on the land without consent.

(2)

Development for any purpose authorised under the National Parks and Wildlife Act 1974 may be carried out on land within the 8 (b) zone without consent.

(3)

Any development not included in subclause (2) is prohibited on land within this zone.

Part 3Special provisions10Development that also needs consent(1)

Land to which this plan applies may be subdivided, but only with consent. However, except as provided by subclause (12) (e), consent is not required for a subdivision for the purpose of:

  • (a)

    widening a public road, or

  • (b)

    making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment, or

  • (c)

    rectifying an encroachment on an allotment, or

  • (d)

    creating a public reserve, or

  • (e)

    consolidating allotments, or

  • (f)

    excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other rescue service purposes or public conveniences.

(2)

Development may be carried out on flood liable land only with consent.

(3)

Buildings which contain more than two floors are allowed only with consent.

(4)

Development may be carried out only with consent on land which:

  • (a)

    forms part of a wetland, or

  • (b)

    is located between a foreshore building line shown on the map as a dotted line and the adjacent water body, or

  • (c)

    forms part of a water body, other than in the 7 (a) zone.

(5)

Development for the purpose of a business identification sign or a real estate sign may be carried out on any premises within the 1 (a), 1 (b), 1 (c), 1 (d), 1 (e), 1 (f), 2 (a), 2 (b), 2 (c), 2 (d), 2 (e), 2 (f), 4 (a), 4 (b), 4 (c), 4 (d), 5 (c), 5 (d), 6 (a) or 7 (b) zone, or a smart growth precinct Neighbourhood Centre, Open Space or Water Management sector, only with consent and only if the Council is satisfied that the advertisement will not interfere with the amenity of the locality.

(6)

An advertisement directing the travelling public to tourist areas or tourist facilities may be erected on land within the 1 (a), 1 (b), 1 (c), 1 (d), 4 (a), 4 (b), 4 (c) or 4 (d) zone only with consent.

(7)

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.

(8)

Development other than for the purpose of roads may be carried out over or under a road on land within the 5 (c) or 5 (d) zone only with consent.

(9)

Development may be carried out only with consent on land within the 5 (a) zone for the particular purpose indicated for the land by black lettering on the map and for purposes normally associated with and ancillary to that purpose. However, this subclause does not require consent for development for the purpose of public transport on land in the 5 (a) Public Transport Corridor zone. Clause 9 allows development within the 5 (a) zone with or without consent even if there is no lettering shown on the map.

(10)

Development for the purpose of a shop may be carried out only with consent on land within the 4 (a), 4 (b), 4 (c) or 4 (d) zone if the shop serves the daily convenience needs of the local workforce.

(11)

Development may be carried out for any purpose, with consent, on land which may be required by this plan to be acquired by a public authority, if development of that land would not render the land unfit for the land use for which it may be required to be acquired. This subclause does not apply to development of land within the 5 (c) zone, which may be carried out in accordance with clause 59 before or after its acquisition.

(12)

The following may be carried out only with consent:

  • (a)

    demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, or

  • (b)

    altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or

  • (c)

    altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or

  • (d)

    moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

  • (e)

    erecting a building on, or subdividing:

    • (i)

      land on which a heritage item is located or which is within a heritage conservation area, or

    • (ii)

      land comprising, or on which is situated, an item described in this plan as a heritage item or a known or potential archaeological site.

(13)

Despite any other provision of this plan, with the consent of the Council:

  • (a)

    development may be carried out on land specified in Schedule 4 for the purpose of a building, work, place or land use specified in that Schedule in relation to that land, and

  • (b)

    land specified in Schedule 5 may be subdivided, if subdivision is specified in Schedule 5 in relation to that land,

subject to such conditions, if any, as may be so specified.

(14)

Development or demolition of a building may be carried out on contaminated land only with consent.

(15)

Development for the purpose of a land sales office may be carried out on land in the 2 (a), 2 (c), 2 (d) or 2 (e) zone, or a smart growth precinct Small Lot Residential, Medium Density Residential or Standard Residential sector, but only with consent.

(16)

Bushland may be cleared only with consent.

(17)

The parking of heavy vehicles and the stationing of heavy equipment in the 2 (a), 2 (b), 2 (c) or 2 (d) zone (otherwise than on roads) may be carried out only with consent.

(18)

Development for the purpose of a highway service centre may be carried out on land adjoining land in the 5 (c) zone which is a freeway, but only with consent.

(19)

Development for the purpose of one service station, one restaurant or one convenience store (or any combination of not more than one of each of them) may be carried out, but only with consent, on land:

  • (a)

    identified on the map by a solid square, or

  • (b)

    which is in the 2 (a) zone, which has frontage to Camden Valley Way, Cowpasture Road or Kurrajong Road and which is on a corner allotment or is likely to be on a corner allotment as shown by a development control plan, or

  • (c)

    which is in the 3 (d) zone, has frontage to Campbelltown Road and is on a corner allotment or a proposed corner allotment as shown in a development control plan referred to in clause 70H.

(20)

Development for the purpose of pontoons, jetties, piers, berths or moorings may be carried out on land in the 1 (a), 1 (b), 1 (c), 1 (d), 1 (e), 2 (a), 2 (b), 2 (c), 2 (d) or 7 (b) zone, or a smart growth precinct Open Space, Water Management or Environmental Corridor sector, only with consent.

(21)

Development may be carried out on land shown on the map with heavy diagonal hatching only with consent.

(22)

Development for the purpose of a restaurant may be carried out on land in the 4 (a), 4 (b), 4 (c) or 4 (d) zone if it is primarily for the purpose of selling take-away food.

(23)

Development for the purpose of office premises and dwellings may be carried out on land in the Community Purposes sector of the Southern Hoxton Park Aerodrome Smart Growth Precinct, but only with consent and only if:

  • (a)

    the ground floor of any building erected on the land before or after this subclause commenced will be used for a community purpose, and

  • (b)

    the Council is not liable to pay for acquisition of so much of the buildings on the land as will not be used for a community purpose.

(24)

Development for the purpose of environmental conservation activities may be carried out in the 7 (c) zone, but only with consent.

11Development that does not require consent(1)

The following are allowed on land without consent:

  • (a)

    the use of existing buildings of the Crown by the Crown, and

  • (b)

    development or activities specified in Schedule 5.

(2)

Development for the purpose of a railway siding servicing land in the 4 (a), 4 (b), 4 (c) or 4 (d) zone may be carried out without consent.

(3)

Bushfire hazard reduction may be carried out without consent, but only if it is carried out in accordance with a plan of operations, within the meaning of section 41A of the Bush Fires Act 1949, that applies to the locality.

(4)

A building may be used for the purpose of a shop, business premises or office premises without consent if:

  • (a)

    the building is within the 3 (a) zone or a smart growth precinct Neighbourhood Centre sector, and

  • (b)

    the building is lawfully used or has been lawfully constructed to be used for a shop of a particular kind, business premises of a particular kind or office premises of a particular kind, and

  • (c)

    at least 14 days’ written notice has been given to the Council of the proposed use by:

    • (i)

      the owner of the building, or

    • (ii)

      the occupier of the building, with the consent of the owner of the building,

    and contains a statement that it is so given executed by that owner, and

  • (d)

    the written notice contains a description of the building sufficient to identify the building and a statement of the particular purpose for which the building will be used after the notice has been given, and

  • (e)

    the use does not include the display, exhibition or sale of publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, and

  • (f)

    the building is not used for the purpose of a business to which section 578E of the Crimes Act 1900 applies, and

  • (g)

    the use does not include a business which is primarily concerned with the display or exhibition of any article that is primarily concerned with sexual behaviour, and

  • (h)

    where a building is used for the purpose of a shop, business premises or office premises in pursuance of this clause:

    • (i)

      the curtilage of the shop, business premises or office premises is not used for storage or display purposes, and

    • (ii)

      the hours of operation of the shop, business premises or office premises do not, in the case of a building used for the purpose of a shop, business premises or office premises immediately before the commencement of the use authorised by this clause, extend outside the hours during which the shop, business premises, or office premises were so used at that time, and

  • (i)

    where, immediately before commencement of the use of the building under this subclause, a condition relating to maintenance of landscaping, the parking of vehicles or the provision of space for loading and unloading of goods or vehicles was imposed on the use of the building or the land on which it is erected, that condition is observed.

(5)

A building may be used for the purpose of light industry without consent if:

  • (a)

    the building is within the 4 (a), 4 (b), 4 (c) or 4 (d) zone, and

  • (b)

    the building is lawfully used or has been lawfully constructed to be used for an industry of a particular kind or a light industry of a particular kind, and

  • (c)

    at least 14 days’ written notice has been given to the Council of the proposed use by:

    • (i)

      the owner of the building, or

    • (ii)

      the occupier of the building, with the consent of the owner of the building,

    and contains a statement that it is so given executed by that owner, and

  • (d)

    the written notice contains a description of the building sufficient to identify the building and a statement of the particular purpose for which the building will be used after the notice has been given, and

  • (e)

    the gross floor area of the part of the building to be used for the purpose of light industry does not exceed 500 square metres, and

  • (f)

    the building has rear service access or access to off-street loading facilities, and

  • (g)

    where, immediately before commencement of the use of the building under this subclause, a condition relating to maintenance of landscaping, the parking of vehicles or the provision of space for loading and unloading of goods or vehicles was imposed on the use of the building or the land on which it is erected, that condition is observed, and

  • (h)

    the curtilage of the building is not used for storage or display purposes, and

  • (i)

    the hours of operation of the light industry do not:

    • (i)

      in the case of a building used for the purpose of an industry immediately before the commencement of the use authorised by this clause, extend outside the hours during which the building was so used at that time, or

    • (ii)

      in any other case, extend outside the hours between 6 am and 6 pm.

(6)

A building may be used for the purpose of light industry, business premises or office premises without consent if:

  • (a)

    the building is within Lot 13, DP 39417 and part Lot 1, DP 996631, as shown by diagonal cross hatching on the map, and

  • (b)

    the building is lawfully used or has been lawfully constructed to be used for a light industry of a particular kind, business premises of a particular kind or office premises of a particular kind, and

  • (c)

    at least 14 days’ written notice has been given to the Council of the proposed use by:

    • (i)

      the owner of the building, or

    • (ii)

      the occupier of the building, with the consent of the owner of the building,

    and contains a statement that it is so given executed by that owner, and

  • (d)

    the written notice contains a description of the particular purpose for which the building will be used after the notice has been given, and

  • (e)

    the use does not include the display, exhibition or sale of publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, and

  • (f)

    the building is not used for the purpose of a business to which section 578E of the Crimes Act 1900 applies, and

  • (g)

    the use does not include a business which is primarily concerned with the display or exhibition of any article that is primarily concerned with sexual behaviour, and

  • (h)

    where the building is used for the purpose of a light industry, business or office in pursuance of this clause:

    • (i)

      the curtilage of the light industry, business premises or office premises is not used for storage or display purposes, and

    • (ii)

      the hours of operation of the light industry, business or office do not, in the case of a building used for the purpose of a light industry, business or office immediately before the commencement of the use authorised by this clause, extend outside the hours during which the light industry, business premises or office premises were so used at that time

  • (i)

    where, immediately before commencement of the use of the building under this subclause, a condition relating to maintenance of landscaping, the parking of vehicles or the provision of space for loading and unloading of goods or vehicles was imposed on the use of the building or the land on which it is erected, that condition is observed.

(7)

Development may be carried out on land without consent for the purpose of an advertisement, otherwise than on a brothel or heritage item or in a heritage conservation area, which is not visible from outside the land on which it is displayed.

(8)

Development may be carried out on land without consent for the purpose of a business identification sign, not including a moving sign or flashing sign and otherwise than on a brothel or heritage item or in a heritage conservation area, but:

23

Church Road, Denham Court

Lot 19, DP 725739

St Mary the Virgin Church and Cemetery Group incl. church &churchyard

24

Church Road, Rossmore

Lots 1–4, DP 117688

Church of the Holy Innocents Group incl. church &churchyard

25

College Street, Liverpool

Cast Iron Letter Box

26

College Street, Liverpool

Lot 2, DP 571990 Lots 1 &2, DP 555189

Liverpool College of TAFE Group incl. site Block A, Block B, Block C, Block D, Block E, Block F, chimney stack, fences, gatehouses &archaeological features

(original) Liverpool Hospital &(former) Benevolent Asylum

27

Copeland Street, cnr Memorial Avenue, Liverpool

R 83468

Liverpool Memorial Olympic Pool

28

Dunmore Crescent, Casula

Lot 1, DP 530893

Dockra

29

Elizabeth Drive, Macquarie Street &Northumberland Street, Liverpool

Lot 111, DP 552031

St Luke’s Anglican Church Group incl. site landscaping, church, hall, headstone &memorial gates

St Luke’s Church of England

30

Elizabeth &George Streets, Liverpool

Milestone

31

Elizabeth Drive, Cecil Park

Lot 1, DP 606858

Liverpool Offtake Reservoir

Liverpool Dam

32

Sandringham Drive, Cecil Hills

Lots 162 and 163, DP 880335

Cecil Hills Farm Group incl. site landscaping, homestead, shearing shed, archaeological sites, garage, stables, cow bails, outbuildings, sheep dip, gallows &stockyards

(former) kitchen

(former) dairy

33

Elizabeth Drive &Castlereagh Street, Liverpool

Act No 20 1950

Apex Park

(former or first) Liverpool Cemetery

34

Elizabeth, College, Moore &Bigge Streets, Liverpool

Sec 49 Town of Liverpool

Bigge Park

(former Bigge Square)

35

Epsom Road, Chipping Norton

Por 299, Parish of Holsworthy

Lot 1, DP 194411; Lot 1, DP 601876

Chipping Norton Public School

36

Lot 351, Fifteenth Avenue, West Hoxton

Lot 351, DP 409032

Lot 351 Fifteenth Avenue, West Hoxton

37

101 Flowerdale Road, Liverpool

Lot 5, DP 20515

101 Flowerdale Road, Liverpool

38

118 Flowerdale Road, Liverpool

Lot 35, DP 25694

Mainsbridge School

(former) Maryvale

39

George Street, Liverpool

Lot 1, DP 782355

All Saints Roman Catholic Church

40

Georges River, Liverpool (near Liverpool Weir)

Liverpool Footbridge

(former) Liverpool Railway Bridge

41

Governor Macquarie Drive/Epsom Road, Chipping Norton

Lot 3, DP 602936

Governor Macquarie Drive/Epsom Road

Vegetation Group

42

2 Governor Macquarie Drive, Warwick Farm

Part Lot 1, DP 970591 Lot 2, DP 581037

2 Governor Macquarie Drive, Warwick Farm

43

Greendale Road, Greendale

Shadforth Monument

Pioneers’ Monument

44

Greendale Road, Greendale

Lot 1, DP 742417

(former) St Mark’s Anglican Church group incl. church cemetery

45

Greendale Road, Greendale

Lot 1, DP 195955

Greendale Roman Catholic Cemetery

46

Greendale Road, Greendale

Part Lot 1, DP 82072

Pemberton

47

Gurners Ave, (off) Kemps Creek

Lot 11, DP 806494

Kemps Creek Natural Area

48

Heathcote &Church Roads, Moorebank

MS 2762 SY

Clinch’s Pond

49

Heathcote Road (off), Holsworthy

Acquired by Commonwealth Vide Com 992 5/10/1912

Holsworthy Group incl. officer’s mess (former), corporal’s club (former), powder magazine &the Bailey bridge

(former) internment camp

Holsworthy railway station lock-up/gaol (former) German Concentration Camp (GCC) railway bridge

50

39 Heathcote Road, Moorebank

Lot 2, DP 364023

39 Heathcote Road, Moorebank

51

Hume Highway, Liverpool

Lots 1 &Pt 10, DP 250138; Lots Pt 1, Pt 2 3, DP 581034; Lot 1, DP 970591; Lots Pt 1 Pt 2, DP 581037

Warwick Farm Racecourse Group

52

Hume Highway, Liverpool

Land in DP 83770

Collingwood Inn Hotel

53

Hume Highway, Casula

Lot 9, DP 4158

443 Hume Highway, Casula

54

Campbelltown Road, Ingleburn

Part of Lot 2, DP 831152

Lecture hall building (Nissen hut) and Ingleburn Military Heritage Precinct

55

Judd Avenue, Hammondville

Lot 93, DP 628844, Lot 152, DP 717956

Hammondville Homes for Senior Citizens

56

Kelvin Park Drive (off), Bringelly

Lot 271, DP 803167

Kelvin Park Group incl. site landscaping, homestead, kitchen wing, servant’s quarters, coach house, slab barns (2) &other works/relics

The Retreat (former)

Cottage Vale (former)

stables &lock-up (former)

57

Kirkpatrick Avenue, West Hoxton

Pt Lot 474, DP 2475

West Hoxton Union Church

58

Leacocks Lane, Casula

Lot 22, DP 552488

Glenfield Farm Group incl. homestead. barn dairy (former)

(former) stables

59

275–277 Macquarie Street, Liverpool

Lot 2, DP 519133

Murrays Pharmacy &Massongs Jewellery

60

306 Macquarie Street, Liverpool

Lot 1, DP 119905

Memorial School of Arts

61

261–263 Macquarie Street, Liverpool

Lot 1, DP 200052, Lot Pt B, DP 159431

Dimos Aristocratz &the Southwest Newsagency

62

269 Macquarie Street, Liverpool

Lot 1, DP 519133

Alexander’s Bar &Bistro

63

Macquarie &Campbell Streets, Liverpool

Act 49—1970

Liverpool Pioneers’ Memorial Park

(former) St Luke’s Cemetery (former) Liverpool Cemetery

64

Macquarie &Memorial Streets, Liverpool

Lot 11, DP 20730

State Bank

(former) Rural Bank

65

Macquarie &Moore Streets, Liverpool

Lot 1, DP 111765

Liverpool Hotel

66

108–130 Maxwells Avenue, Ashcroft

Lot 904, DP 225306

Memorial Gates Ashcroft High School

(former) St Luke’s Rectory Gates

67

Memorial Avenue, Liverpool West

R 83468

Memorial to Private AE Smith

68

47 Mill Road, Liverpool

DP 84953

47 Mill Road, Liverpool

69

Moore &Bigge Streets, Liverpool

R 71395

Dr James Pirie Child Welfare Centre

70

Moore Street &Flowerdale Road, Liverpool

Lots Pt 4, Pt 5, 6, 7, 9 &13, Ms 652 Sy; Lot 11, Ms 20611 Sy; Lots 3, 8 10 Ms 10005 Sy; Lots 2 12 Ms 21093 Sy; Lot 14 Ms 22433 Sy; Lots 16 17, DP 40453; Lots 425, 426 427, DP 48284

Liverpool General Cemetery

71

Moorebank Avenue, Moorebank

Part Lot 1403, DP 848565

Australian Army Engineers Group, Moorebank incl. RAE Memorial Chapel

RAE Monument Major General Sir Clive Steele Memorial Gates Cust Hut

72

Moorebank Avenue, Moorebank

Lot 3, DP 832269

Kitchener House

73

Newbridge Road (off), Liverpool

Lot 101, DP 775780

MM Cables Factory

(former) Cable Makers Australia Pty Ltd Factory

74

Newbridge Road, Liverpool

R51734

Liverpool Dam

Liverpool Weir

75

43 Passefield Street, Liverpool

Lot 21, Sec 2, DP 978884

Innisvale

76

Pitt Street, Badgerys Creek

Road Bridge

77

Pitt Street &Badgerys Creek Road, Badgerys Creek

Lot 30, Sec D, DP 1841

Badgerys Creek Public School

78

Pitt Street, Badgerys Creek

Lot 1, DP 795707

St John’s Anglican Church Group incl. Church and Cemetery

Badgerys Creek Anglican Church Group

79

Reilly Street, Lurnea

Lot 7, DP 26166

147 Reilly Street, Lurnea

80

Riverside Road, Chipping Norton

Lot 62, DP 2411

Karm Farm Landscaping

81

Riverside Road, Chipping Norton

Riverside Road, Chipping Norton Avenue of Trees

82

Rossmore Avenue West, Rossmore

Lot 1, DP 580979

Bellfield Farm Group incl. homestead, slab kitchen &slab cottage

smoke house

83

14 Scott Street, Liverpool

Lot 1, DP 208270

14 Scott Street, Liverpool

(former) H& Block tax agent

84

Scott &Terminus Streets, Liverpool

Lot 100, DP 716185

Golden Fleece Hotel

85

Scott Street, Liverpool

Lot 3, DP 588103

Eugen’s Self Service Laundry

Out-building to former Golden Fleece Hotel

86

Second Avenue/Muller Avenue, West Hoxton

Lot 1, DP 219698

Second Avenue Cottage

87

Shannon Road, Bringelly

Lot 44, DP 581187

Mount Pleasant

88

Shepherd &Atkinson Streets, Liverpool

Lot 1, DP 247485

McGrath Services Centre

(former) Challenge Woollen mills (former) Australian Paper Company’s mill

89

Shepherd Street/Mill Road

Main southern railway line

Railway viaduct

90

near Congressional Drive, Casula

Main southern railway line

Railway viaduct

91

near Casula Powerhouse

Main southern railway line

Railway viaduct

92

Shepherd Street and Mill Road, Liverpool

Railway Viaduct (former)

93

7 Speed Street, Liverpool

Lots 13 &14, DP 13536

Del Rosa

94

17 Speed Street, Liverpool

Lot 1, DP 567283

Rosebank

(former) Queen’s College

95

25–29 Speed Street, Liverpool

Pt Lots 38 &40, Sec 6, DP 975483; Lot C, DP 162630

Speed Street Cottages Group

96

Streets that fall within the area bounded by Hume Hwy, Copeland Street, Memorial Avenue, Scott Street, Georges River Main Southern Railway with the exception of Tindall Avenue &serviceways

Early town centre street layout

Plan of Town of Liverpool (Hoddle 1827)

97

37 Terminus Street, Liverpool

Lot 1, DP 512293

37 Terminus Street, Liverpool

98

70–78 Terminus Street, Liverpool

Lot 1, DP 91748

Liverpool Fire Station

99

The Northern Road, Luddenham

Lots 10 &11, DP 251656

Vicary’s Winery Group incl. Woolshed, Slab Horse Shed, Land area &Main house (and garden)

100

The Northern Road, Luddenham

Lot 1, DP 793566

Lawson’s Inn site

The Thistle site

101

The Northern Road, Luddenham

Lot 1, DP 194409

Luddenham Public School

102

The Northern Road, Bringelly

Lot 50, DP 746911

Bringelly Public School Group including school house former headmaster’s residence

103

Walder Road/Stewart Avenue, Hammondville

Lot 4, DP 238694

St Anne’s Anglican Church

104

20 Webster Road, Liverpool

Lot 2, DP 519683

20 Webster Road, Liverpool

105

Williams Creek, Voyager Point

Sandstone weir

106

Yarrunga Road, Prestons

Lot 34, DP 2359

Benera (site of)

107

Campbelltown Road, Edmondson Park

Part of Lot 1, DP 831152

Ingleburn Village site

Schedule 3Potential archaeological sites

(Clause 6)

Item No

Address

Property Description

Item Name

1

5–15 Atkinson Street

Lot 2, DP 579808

Lighthorse Park

2

11B Bigge Street

Lot 28, DP 35236

3

31B Bigge Street

Lot 11, DP 36340

4

171 Bigge Street

Lot 1, DP 580844

Dept. of Social Security

5

191 Bigge Street

Lot 11, DP 849783

Hilda Davis Senior Citizens Centre

6

251 Bigge Street

Lot 442, DP 831058

(Former) Liverpool Court House

7

Bigge Street

Lot 30, DP 859887

Liverpool Station Commuter Carpark

8

Bigge Street

Lot 31, DP 859887

Liverpool Railway Station

9

Bigge Street

Lots 8 9, DP 758820

Liverpool Public School

10

Campbell Street

Lot 3, DP 596770

Liverpool Hospital—Outpatients Clinic and Drugs and Alcohol Service

11

29 Campbell Street

Lot 10, DP 36430

12

Castlereagh Street

Public Reserve, Act 20, 1950

Apex Park

13

4–6 Charles Street

Lot 101, DP 773652

14

35–37 Charles Street

Lot 1, DP 734713

15

College Street

Part Lot 2, DP 863491

Liverpool TAFE

16

13 Elizabeth Street

Lot 1, DP 532023

SWAHS Pediatrics Liverpool Hospital

17

Elizabeth Street

Lot 21, DP 717632

SWAHS Pediatrics Liverpool Hospital

18

26 Elizabeth Street

Lot 1, DP 217460

Warren Toyota

19

Elizabeth Street

Lot 2, DP 90210

Spectrum Way

20

53 Elizabeth Street

Lot 2, DP 596770

Liverpool Hospital —Emergency Building—Part of eastern section

21

Forbes Street

Lot 1, DP 581947

Liverpool High School

22

Georges River

Liverpool Weir

23

Section of George Serviceway

between Pt Lot 1, DP 87256, lot 1, DP 513067, lot 1, DP 22065, Pt lot 10, DP 510737

(Roadway)

24

142 George Street

Lot 1, DP 198602

Liverpool Police Station (Section of town drain)

25

140 George Street

Lot 4, DP 592346

(Section of town drain)

26

138 George Street

Lot 2, 3 DP 700219

(Section of town drain)

27

18–20 Goulburn Street

Lot 18, DP 740027

28

Goulburn Serviceway

Section of serviceway adjoining lot 11, DP 777992 (45–47 Goulburn Street)

(Roadway)

29

Hanwell Serviceway

(Roadway)

30

Huckstepp Serviceway

Section adjoining lot 22, DP 612442 (104 Moore Street)

(Roadway)

31

49 Lachlan Street

Lot 7, DP 35828

32

35 Lachlan Street

Lot 29, DP 35236

33

37 Lachlan Street

Lot 30, DP 35236

34

39 Lachlan Street

Lot 31, DP 35236

35

Laurantus Serviceway

Section of serviceway between lot 61, DP 807507 (137 Northumberland St) and lot 71, DP 785535 (147 Northumberland St)

(Roadway)

36

53 Macquarie Street

Lot 5, DP 35828

37

Macquarie Street

Sec 24/Sec 34

Liverpool Pioneers Memorial Cemetery

38

186 Macquarie Street

Lot 1, DP 218107

39

193 Macquarie Street

Lot 1, DP 547162

Liverpool City Central (LCC)

40

213 Macquarie Street

Lot 1, DP 208462

41

215–219 Macquarie Street

Pt Lot B, DP 335211 &Lot 1, DP 654811

42

221 Macquarie Street

Lot 1, DP 596899

43

225 Macquarie Street

Lot 1, DP 703752

44

227 Macquarie Street

Lot 10, DP 817094

45

229 Macquarie Street

Lot 1, DP 222504

Richards Fabrics

46

231 Macquarie Street

Lot 1, DP 805950

47

Macquarie Street Junction with Terminus Street

(Roadway)

48

Moore Street

Lot 38, DP 77562

Liverpool Public School

49

Moore Street

Lot 1, DP 178665

Liverpool Public School

50

Moore Street

Lot 1, DP 799619

Liverpool Public School

51

6 Moore Street

Lot 10, DP 606130

Bowling Club Car Park

52

131 Northumberland Street

Lot 5, DP 13678

53

137 Northumberland Street

Lot 61, DP 807507

Council carpark

54

120 Northumberland Street

Lot 1, DP 219987

Northumberland Street carpark

55

218–228 Northumberland Street

Lot 1, DP 615066

56

Northumberland Serviceway

Section of serviceway between Lot 1, DP 845465 (279–291 Macquarie Street) and Lot 1, DP 219987 (120 Northumberland Street)

(Roadway)

57

Railway Serviceway

Section of serviceway adjoining southern side of Lots 10 &11, DP 856858

(Roadway)

58

18 Terminus Street

Lot 1, DP 547866

Liverpool Telephone Exchange

59

70–78 Terminus Street

Lot 1, DP 91748

Liverpool Fire Station

60

Warren Serviceway

Section of serviceway adjoining southern side of Lot 11, DP 84973 (191 Bigge Street)

(Roadway)

Schedule 4Additional uses

(Clause 10 (13))

Item No

Address

Property Description

Use

1

Camden Valley Way, Prestons

Part Lot G, DP 395121 and part Portion 276, as shown with diagonal cross hatching on the map

retail plant nursery

2

Camden Valley Way, Horningsea Park

Part Lot 1, DP 652387, as shown with diagonal cross hatching on the map

market and picnic grounds

3

Cowpasture Road, Hoxton Park

Part Lot 9, DP 21656, as shown with diagonal cross hatching on the map

poultry processing factory

4

Camden Valley Way, Horningsea Park

Lot 2, DP 813864, as shown with diagonal cross hatching on the map

ice rink

5

Camden Valley Way, Horningsea Park

Part Lot 1, DP 652387, as shown with stipple on the map

golf course

6

Martin Road, Badgery’s Creek

Lot 59, DP 3050, as shown with diagonal cross hatching on the map

concrete batching plant

7

Willowdene Avenue, Luddenham

Lot 2, DP 2480609

subdivision of land into lots each having an area of not less than 25ha

8

Hume Highway, Warwick Farm

Lot 41, DP 594510 Lot 1, DP 128988, Lots 4, 5 &6, DP 776165

retail sale of motor vehicles, trailers, boats, spare parts and accessories

9

Cowpasture Road, West Hoxton

Lot 326, DP 771200

lawn mower sales; service and repair of related equipment

10

Rose Street, Liverpool

Lot 13, DP 39417 and part Lot 1, DP 996631, as shown with diagonal cross hatching on the map

light industry, business premises or office premises

11

Cumberland Highway, Liverpool

Part Lot 1, DP 232685, as shown with diagonal cross hatching on the map

service station, convenience store, restaurant (not involving take away food) and facilities for receptions and functions

12

Spencer Road, Cecil Park

Part lot 6022, DP 849231, as shown with diagonal cross hatching on the map

bus depot

13

(Repealed)

14

441 Hoxton Park Road, Hoxton Park

Part Lot B, DP 434461, as shown with diagonal cross hatching on the map

service station, convenience store and restaurant and subdivision for the purpose of excising an allotment of land around that service station, convenience store and restaurant

16

220 Heathcote Road, Hammondville

Part of Lot 2, DP 747513, as shown edged heavy black on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 7)

Car parking, in association with the use of Lot 1, DP 747513 as a club

17

Camden Valley Way, Casula

Lot 71, DP 653446, as shown edged heavy black with diagonal cross hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 2)

shop not exceeding 80 sq m in floor area

18

Camden Valley Way, Leppington

Part Lot E, DP 28997, as shown edged heavy black with diagonal cross hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 11)

service station, convenience store and restaurant

19

Cowpasture Road, West Hoxton

Part Lot 328, DP 2475, as shown edged heavy black with diagonal cross hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 24)

service station, convenience store, restaurant and car wash facility and subdivision for the purpose of excising an allotment of land around that service station, convenience store, restaurant and car wash facility

20

Hoxton Park Road, Liverpool

Part Lots 103 and 104, DP 877139, as shown with stipple on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 9)

entertainment facility

21

Hoxton Park Road and Memorial Avenue, Liverpool

Lot 3, DP 574089, Lot 27, DP 218400, Lots 102 and 105, DP 877139, and Part Lots 103 and 104, DP 877139, as shown with diagonal cross hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 15)

hotel

22

820–830 Bringelly Road, Rossmore

Lot 21, DP 805011 as shown edged heavy black with diagonal cross hatching on the map Marked “Liverpool Local Environmental Plan 1997 (Amendment No 29)

produce and hardware store

25

Heathcote Road, between Harris Creek and Macarthur Drive, Holsworthy.

Lot 4, DP 825745 as shown diagonally cross hatched on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 45)”.

Residential flat buildings, provided that not more than 300 dwellings (whether or not the dwellings are contained in residential flat buildings) are developed on the land and the buildings have a height of not more than 3 storeys.

Temporary use of the site for car parking during the construction of a multi-storey car park on land immediately adjoining the site to the south.

26

Part of 13 Hume Highway, Warwick Farm

Part of Lot 12, DP 578199, as shown edged Heavy black with diagonal cross hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 49)

retail sale of motor vehicles, trailers, boats, spare parts and accessories

27

M5 Motorway corridor, Casula

So much of the land zoned 5 (c) Special Uses—Arterial Road as is shown distinctively coloured, edged heavy black with diagonal cross hatching and lettered “5 (c)” on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 78)

convenience store, provided that:

  • (a)

    the use is ancillary to and dependant on the operation of a highway service centre on the land, and

  • (b)

    the convenience store is attached to or is situated within the highway service centre, and

  • (c)

    the gross floor area used for retail sale (not including floor space used for the sale of petrol, oil, petroleum products or automotive products) does not exceed 240 square metres

28

25–29 Greenhills Avenue, Moorebank

Parts of Lots 1 and 2, DP 1059138, Lot 1, DP 632606, Lot 1, DP 169229, Lot 4, DP 2411, Lot 590, DP 822381 and Lots 34 and 35, DP 1040657, as shown edged heavy black on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 94)

Motor vehicle auction centre and motor showroom

29

Newbridge Road, Moorebank

So much of Lot 6, DP 1065574, as is within the 1 (a) zone and shown edged heavy black with diagonal cross hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 76)

materials recycling yard, provided that arrangements have been made, to the satisfaction of the Council, for the level of contribution for the provision or upgrading (or both) of arterial roads to service the land.

33

Bigge, Goulburn, Campbell and Lachlan Streets, Liverpool

Land bounded by Bigge, Goulburn, Campbell and Lachlan Streets, Liverpool, as shown edged heavy black with diagonal cross-hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 95)

research establishments, research facilities and offices associated with the medical or health industry (or both)

34

2 Lyn Parade, Prestons

Lot 1, DP 1036490, as shown edged heavy black with diagonal cross-hatching on the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 105)

timber and building supplies, being a building or place used for the display and sale (whether by retail or wholesale, or both) of goods and materials used in the construction and maintenance of buildings, where those goods or materials are of such size or weight as to require customers to have direct vehicular access to the building or place in order to load or unload those goods or materials

Schedule 5Development by public authorities

(Clause 11 (1))

1Rail transport

The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:

  • (a)

    any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and

  • (b)

    the erection within the limits of a railway station of buildings for any purpose,

but excluding:

  • (c)

    the construction of new railways, railway stations and bridges over roads, and

  • (d)

    the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and

  • (e)

    the formation or alteration of any means of access to a road, and

  • (f)

    the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

2Water, sewerage, drainage, electricity and gas

The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:

  • (a)

    development of any description at or below the surface of the ground,

  • (b)

    the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,

  • (c)

    the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,

  • (d)

    the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,

  • (e)

    the erection of service reservoirs on land acquired or in the process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the council,

  • (f)

    any other development except:

    • (i)

      the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or

    • (ii)

      the formation or alteration of any means of access to a road.

3River transport

The carrying out by persons carrying on utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:

  • (a)

    the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

4Air transport

The carrying out by persons carrying on utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:

  • (a)

    the erection of buildings and their reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

5Road transport

The carrying out by persons carrying on utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by roads, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:

  • (a)

    the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

6Mines

The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except:

  • (a)

    the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or

  • (b)

    the formation of any means of access to a road.

7Roads

The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.

8Forestry

The carrying out of any forestry work by the Forestry Commission or a School Forest Trust empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under those Acts or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.

9Pastures protection

The carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except:

  • (a)

    the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or

  • (b)

    any development designed to change the use or purpose of any such reserve.

10Water resources

The carrying out or causing to be carried out by the Council when engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946, or the Rivers and Foreshores Improvement Act 1948, except:

  • (a)

    the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

Schedule 5AExempt trees

(Clause 15 (3))

Botanical Name

Common Name

Salix species

Willow

Populus species

Poplar

Acacia balleyana

Cootamundra Wattle

Erythrina x sykesii

Coral Tree

Ficus elastica and hybrids

Ornamental Rubber Tree

Cupressus macrocarpa Brunniana

Golden Cypress

Lagunaria patersonii

Norfolk Island Hibiscus

Ligustrum species

Large Leafed Privet

Ligustrum species

Small Leafed Privet

Olea africana

African Olive

Cinnamomum camphora

Camphor Laurel

Schefflera actinophylla

Umbrella Tree

Syagrus romanzoffiana

Cocos Palm

Toxicodendron succedaneum

Rhus tree

Robinea pseudoacacia

Honey Locust

Schedule 6Classification and reclassification of public land

(Clause 29)

Part 1Land classified, or reclassified, as operational land—no interests changed

Column 1

Column 2

Locality

Description

Liverpool

310 Macquarie Street

Lot 1, DP 219669

Part 2Land classified, or reclassified, as operational land—interests changed

Column 1

Column 2

Column 3

Locality

Description

Any trusts etc not discharged

Liverpool

107 Congressional Drive (part)

Part of Lot 2, DP 730829, as shown edged heavy black on Sheet 2 of the map marked “Liverpool Local Environmental Plan 1997 (Amendment No 103)

Nil.

306 Macquarie Street

Lot 1, DP 119905

Nil.

Part 3Land classified, or reclassified, as community land

Column 1

Column 2

Locality

Description

Schedule 7Minimum allotment sizes

(Clause 36 (2))

Item No

Property Description

Address

1

Lots 1–4 (inclusive) DP 18891

Greendale Rd, Greendale

2

Lots 13–16 (inclusive), DP 18891

Greendale Rd, Greendale

3

Lots 17–20 (inclusive), DP 18891

Greendale Rd, Greendale

4

Lots 38–48 (inclusive), DP 18891

Greendale Rd, Greendale

5

Lots 50–51 (inclusive), DP 18891

Greendale Rd, Greendale

6

Lots 4–9 (inclusive), Sec B, DP 1443

Church Rd, Denham Court

7

Lots 10–11 and Lots 17–21 (inclusive), Sec B, D P 1443

Church Rd and Campbelltown Rd, Denham Court

8

Lots 12–16 (inclusive), Sec B, DP 1443

Campbelltown Rd, Denham Court

9

Lots 27–28 (inclusive), Sec B, DP 1443

Campbelltown Rd, Denham Court

10

Lots 29–31 (inclusive), Sec B, DP 1443

Campbelltown Rd, Denham Court

11

Lots 32–39 (inclusive), Sec B, DP 1443

Campbelltown Rd, Denham Court

12

Lots 35–37 (inclusive), Sec B, DP 1443

Campbelltown Rd, Denham Court

Schedule 8Land to be acquired by the Corporation

(Clause 62 (1))

Item No

Property Description

Address

1

Lots 195 and 196, DP 17641

Arthur Street, Chipping Norton

2

Lot 81, DP 17254

Newbridge Road, Chipping Norton

3

Lot 113, DP 17134

Newbridge Road, Chipping Norton

4

Lot 2, DP 596141

Newbridge Road, Chipping Norton

5

Pt Lot 364, DP 752060

Off Copeland Street, Liverpool

6

Pt Lot 365, DP 653736

Off Copeland Street, Liverpool

7

Lot 2, DP 588173

Campbell Street, Liverpool

8

Lots 22 and 23, DP 552488

Leacocks Lane, Casula

Schedule 9Environmentally significant land

(Clause 16 (2))

Property Description

Address

Part Lot 5A, DP 976384

Elizabeth Drive, Kemps Creek

Part Lot 6A, DP 976384

Elizabeth Drive, Kemps Creek

Lots 131–138, DP 15226

Green Street, Pleasure Point

Part Lot 139, DP 15226

Green Street, Pleasure Point

Lots 1–3, DP 239468

Pleasure Point Road, Pleasure Point

Lots 4–7, DP 239468

Pleasure Point Road, Pleasure Point

Lots 153–157, DP 15226

Pleasure Point Road, Pleasure Point

Lots 159–164, DP 15226

Pleasure Point Road, Pleasure Point

Lots 167–172, DP 15226

Pleasure Point Road, Pleasure Point

Lot 1–37, DP 15226

Riverview Road, Pleasure Point

Part Lots 99–130, DP 15226

Riverview Road, Pleasure Point

Lots 140–145, DP 15226

Riverview Road, Pleasure Point

Part Lot 146, DP 15226

Riverview Road, Pleasure Point

Lot 72, DP 661069

Sirius Road, Voyager Point

Lot 75, DP 67236

Sirius Road, Voyager Point

Part of Lot 2, DP 615717, part of Lot 2, DP 622920 and Lot Y, DP 407280

Nuwarra Road, Moorebank

Schedule 10Smart growth precinct objectives

(Clause 8 (4))

Part 1General objectives for smart growth precincts1General objectives

The general objectives for smart growth precincts are as follows:

  • (a)

    to encourage compact building design that is also sensitive to the environment,

  • (b)

    to ensure that land use is appropriate and that any development uses the development site to its best advantage,

  • (c)

    to relate the density of development to access to transport and the provision of open space,

  • (d)

    to provide a variety of transport choices,

  • (e)

    to create a range of housing opportunities and choices,

  • (f)

    to create livable neighbourhoods and ensure a civic focus,

  • (g)

    to foster distinctive, vibrant communities with a strong sense of place,

  • (h)

    to preserve and enhance open space, natural features, riparian corridors and critical environment areas,

  • (i)

    to strengthen existing communities and have regard to employment opportunities,

  • (j)

    to address issues such as safety and provision of recreational facilities for the wider community.

Part 2Southern Hoxton Park Aerodrome Smart Growth Precinct2Precinct to which this Part applies

This Part applies to the land within the Southern Hoxton Park Aerodrome Smart Growth Precinct.

3Objectives

The objectives for the Southern Hoxton Park Aerodrome Smart Growth Precinct are:

  • (a)In relation to accessibility

    To encourage the safe, convenient and appropriate movement of people and goods by developing innovative solutions to ensure a clear relationship between the need for accessibility and land uses.

    The objective in relation to accessibility are to be achieved by the following strategies:

    • (i)

      promoting a movement system that gives appropriate priority to walking, cycling, public transport and private vehicles,

    • (ii)

      promoting a movement system that relates accessibility demand to the location of development type,

    • (iii)

      ensuring that servicing is able to be carried out appropriately,

    • (iv)

      ensuring movement priorities, traffic speeds and street and road signs are appropriate to location and giving priority to pedestrians and children,

    • (v)

      providing adequate accessibility for emergency vehicles,

    • (vi)

      building on existing movement patterns and infrastructure by utilising the existing street layout.

  • (b)In relation to community services and facilities

    To promote a balanced community that provides a full and diverse range of social, community and recreational resources.

    The objective in relation to community services and facilities is to be achieved by the following strategies:

    • (i)

      establishing affordable and accessible facilities and resources that allow people to maintain well-being, to live and to engage in recreational activities,

    • (ii)

      providing appropriate provision for social and community needs,

    • (iii)

      ensuring a full range of housing types and forms,

    • (iv)

      establishing a hierarchy of recreational facilities and parks and reserves,

    • (v)

      ensuring that a place for people is created by giving priority to people and human relationships through housing mix and regard for personal safety,

    • (vi)

      accommodating life-long educational and learning needs.

  • (c)In relation to the environment

    To create a community with high quality urban design and high environmental standards that values and enhances its natural and built environment.

    The objective in relation to the environment is to be achieved by the following strategies:

    • (i)

      ensuring a clean, safe and healthy environment that builds on existing resources and produces high quality built and natural assets,

    • (ii)

      establishing appropriate drainage and floodplain management that, where appropriate, contributes positively to the area,

    • (iii)

      providing solutions to manage environmental issues on site,

    • (iv)

      ensuring that waste disposal is effective and efficient and that recycling is utilised at every opportunity,

    • (v)

      ensuring a high standard of water and air pollution management and water quality,

    • (vi)

      maintaining and enhancing the quality of the natural environment,

    • (vii)

      connecting and enhancing vegetation corridors and providing links between regional open space and the Hinchinbrook Creek Corridor,

    • (viii)

      promoting the conservation of flora and fauna, including the retention of Cumberland Plain Woodland,

    • (ix)

      promoting the development of a place with a high quality of built environment, and with people and human relationships as a central consideration.

  • (d)In relation to employment

    To promote a community that provides a full range of employment and training opportunities for its inhabitants.

    The objective in relation to employment is to be achieved by the following strategies:

    • (i)

      establishing economic capital that is accessible and meets the needs of the community,

    • (ii)

      ensuring appropriate accessibility to employment,

    • (iii)

      ensuring neighbourhood centre needs are identified in a local context through provision of local facilities and services,

    • (iv)

      ensuring infrastructure is sufficient to meet current and predicted need,

    • (v)

      providing appropriate locations for local institutions.

Part 3Edmondson Park Smart Growth Precinct4Precinct to which this Part applies

This Part applies to the land within the Edmondson Park Smart Growth Precinct.

5Objectives

The objectives of the Edmondson Park Smart Growth Precinct are:

  • (a)In relation to accessibility

    To integrate future transport opportunities into the planning process.

    To ensure roads, pedestrian pathways and cycleways link into and between residential areas, employment areas, and civic and cultural facilities.

    To accommodate people with disabilities throughout the Precinct.

  • (b)In relation to the natural environment

    To conserve and enhance the biodiversity of the Precinct through the management of areas of conservation significance and riparian corridors and the retention of remnant native vegetation within residential and business zones.

    To incorporate areas of vegetation conservation and existing creeks into the riparian corridor, and open space networks, within the Precinct.

    To minimise pollution by encouraging a reduction in the use of private automobiles.

    To incorporate water sensitive urban design solutions and provide opportunities for a reduction in water consumption and best practice management of stormwater run-off.

    To minimise disturbance to natural hydrological systems as a result of development and minimise, or appropriately manage, development causing or increasing soil salinity.

    To minimise any impact on occupants in the locality of potential noise sources through quality design and the appropriate location of uses.

    To minimise potable water consumption by providing recycled water to the Precinct.

  • (c)In relation to the built environment

    To respond to the physical, cultural and urban heritage of the Precinct through planning and design that responds to landform, remnant vegetation, riparian corridors, climate and patterns of land use.

    To create a series of compact urban centres, including a town centre and a number of villages that are surrounded by residential development offering a variety of housing choices at a sustainable density.

    To ensure proposed development relates to regional access routes, proposed public transport routes, the local road network and the open space network.

    To provide an interconnected local road network that provides easy access into and between residential areas and the town centre, villages and the open space network.

    To provide a clear interconnected pedestrian pathway and cycleway system, linking the town centre, villages, residential areas and the open space network.

    To provide an integrated open space system that links land within the rural zones, the environment protection zones, the 8 (b) zone, riparian areas and active and passive open space areas.

    To ensure adequate provision for, and design of, key public places and spaces.

    To ensure all buildings are designed with the amenity of the occupant in mind, including ensuring adequate solar access, cross-ventilation and access to views, and appropriate house and apartment sizes.

    To conserve resources, including land, energy in the construction and use of buildings, remnant native vegetation, water and soils.

    To ensure that land is used and developed in a manner that does not significantly increase water infiltration to groundwater systems, and does not significantly increase salt loads in waterways, wetlands or soils.

    To ensure that any off-site impacts of development on groundwater and soil salinity are recognised and assessed.

    To ensure that any potential risk to human health or the environment arising from any contamination of land is recognised and that suitable measures are adopted to address that risk.

  • (d)In relation to social and cultural issues

    To facilitate the provision of a diverse range of housing types, and of retail, civic and cultural facilities, and to ensure that these are strategically located throughout the Precinct.

    To ensure the provision of places for a range of recreational activities and facilities that will accommodate structured and unstructured activities.

    To provide transport choice by enabling the provision of public transport infrastructure.

  • (e)In relation to the economy

    To encourage the provision of employment opportunities for a wide range of age and socio-economic groups.

    To ensure appropriate physical and social infrastructure is provided as land is developed to meet the needs of the incoming population.

    To encourage the provision of affordable housing.

    To ensure the efficient use of land and available infrastructure.

    To ensure that consideration is given to any physical limitations of land, including soil salinity and the impacts of that salinity, to minimise the potential for future adverse economic impacts arising from development.

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