Liverpool Local Environmental Plan 2008 (NSW)
This Plan is Liverpool Local Environmental Plan 2008.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan was published in the Gazette before the insertion of this clause by amendments to the Standard Instrument (Local Environmental Plans) Order 2006.
This Plan aims to make local environmental planning provisions for land in Liverpool in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to encourage a range of housing, employment, recreation and services to meet the needs of existing and future residents of Liverpool,
(b) to foster economic, environmental and social well-being so that Liverpool continues to develop as a sustainable and prosperous place to live, work, study and visit,
(c) to provide community and recreation facilities, maintain suitable amenity and offer a variety of quality lifestyle opportunities to a diverse population,
(d) to strengthen the regional position of the Liverpool city centre as the service and employment centre for Sydney’s south west region,
(e) to concentrate intensive land uses and trip-generating activities in locations most accessible to public transport and centres,
(f) to promote the efficient and equitable provision of public services, infrastructure and amenities,
(g) to conserve, protect and enhance the environmental and cultural heritage of Liverpool,
(h) to protect, connect, maintain and enhance the natural environment in Liverpool, and promote ecologically sustainable development which takes into account the environmental constraints of the land,
(i) to minimise risk to the community in areas subject to environmental hazards, particularly flooding and bush fires, by managing development in sensitive areas,
(j) to promote a high standard of urban design that responds appropriately to the desired future character of areas,
(k) to improve public access along waterways and vegetated corridors while ensuring the natural environmental values of riparian and bushland corridors and the habitat they provide are protected and enhanced,
(l) to improve public transport accessibility, and facilitate the increased use of public transport, cycling and pedestrian activity,
(m) to enhance the amenity and positive characteristics of established residential areas,
(n) to ensure the agricultural production potential of rural land and prevent its fragmentation,
(o) to encourage development opportunities for business and industry so as to deliver local and regional employment growth.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
(a) Liverpool Local Environmental Plan 1997,
(b) Liverpool City Centre Local Environmental Plan 2007.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.
An amendment made to this Plan by Liverpool Local Environmental Plan 2008 (Amendment No 82) does not apply to a development application made but not finally determined before the commencement of the amendment.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
An amendment made to this plan by Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025 does not apply to a development application made, but not finally determined, before the commencement of the amendment.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones • RU1 Primary Production
• RU2 Rural Landscape
• RU4 Primary Production Small Lots
• Residential Zones • R1 General Residential
• R2 Low Density Residential
• R3 Medium Density Residential
• R4 High Density Residential
• R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones • SP1 Special Activities
• SP2 Infrastructure
• Recreation Zones • RE1 Public Recreation
• RE2 Private Recreation
• Conservation Zones • C1 National Parks and Nature Reserves
• C2 Environmental Conservation
• C3 Environmental Management
• Waterway Zones • W1 Natural Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development [see clauses 5.7, 5.8 and 5.10].
Part 7 also contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
(Repealed)
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To ensure that development does not unreasonably increase the demand for public services or public facilities.
• To ensure that development does not hinder the development or operation of Western Sydney International (Nancy-Bird Walton) Airport.
• To preserve bushland, wildlife corridors and natural habitat.
Extensive agriculture; Home-based child care; Home occupations
Agriculture; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Hazardous storage establishments; Health consulting rooms; Helipads; Heliports; Home businesses; Home industries; Landscaping material supplies; Offensive storage establishments; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Veterinary hospitals; Water recreation structures
Any development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To ensure that development is compatible with the rural character of the land and maintains the feasibility of agricultural uses.
• To preserve bushland, wildlife corridors and natural habitat.
Extensive agriculture; Home-based child care; Home occupations
Agritourism; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies (attached); Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Flood mitigation works; Helipads; Home businesses; Home industries; Horticulture; Places of public worship; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls
Any development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
Extensive agriculture; Home-based child care; Home occupations
Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Flood mitigation works; Helipads; Home businesses; Home industries; Landscaping material supplies; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Veterinary hospitals; Water recreation structures
Any development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To ensure that housing densities are broadly concentrated in locations accessible to public transport, employment, services and facilities.
• To facilitate development of social and community infrastructure to meet the needs of future residents.
Home-based child care; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide a suitable low scale residential character commensurate with a low dwelling density.
• To ensure that a high level of residential amenity is achieved and maintained.
Home-based child care; Home occupations
Attached dwellings; Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Tank-based aquaculture
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for a concentration of housing with access to services and facilities.
• To provide for a suitable visual transition between high density residential areas and lower density areas.
• To ensure that a high level of residential amenity is achieved and maintained.
Home-based child care; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home businesses; Home industries; Hostels; Hotel or motel accommodation; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential care facilities; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for a high concentration of housing with good access to transport, services and facilities.
• To minimise the fragmentation of land that would prevent the achievement of high density residential development.
Home-based child care; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Home businesses; Home industries; Hostels; Hotel or motel accommodation; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential care facilities; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Serviced apartments; Shop top housing
Any other development not specified in item 2 or 3
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To ensure that a high level of residential amenity is achieved and maintained.
• To provide for complementary uses that are of low impact and do not unreasonably increase the demand for public services or public facilities.
Home-based child care; Home occupations
Bed and breakfast accommodation; Building identification signs; Business identification signs; Dual occupancies; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Flood mitigation works; Helipads; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Public administration buildings; Recreation areas; Roads; Tank-based aquaculture; Veterinary hospitals
Any development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To facilitate a high standard of urban design and a unique character that contributes to achieving a sense of place for the local community.
• To maximise public transport patronage and encourage walking and cycling.
Home-based child care; Home occupations
Amusement centres; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Home businesses; Home industries; Horticulture; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals
Any development not specified in item 2 or 3
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To strengthen the role of Liverpool city centre as the regional business, retail and cultural centre of south western Sydney.
• To ensure that, for key land in Liverpool city centre, opportunities for retail, business and office uses exist in the longer term.
• To facilitate a high standard of urban design and exceptional public amenity.
• To maximise public transport patronage and encourage walking and cycling.
Nil
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Heliports; Home businesses; Home industries; Home occupations; Horticulture; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Signage; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Water recreation structures
Any development not specified in item 2 or 3
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To provide for a larger regionally significant business development centre in a location that is highly accessible to the region.
• To provide primarily for businesses along key corridors entering Liverpool city centre, regionally significant business development centres, major local centres or retail centres.
Home-based child care; Home occupations
Animal boarding or training establishments; Boat building and repair facilities; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Helipads; Home businesses; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies
Any development not specified in item 2 or 3
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To allow other land uses that are compatible with industry and that can buffer heavy industrial zones while not detracting from centres of activity.
Nil
Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Crematoria; Depots; Environmental facilities; Environmental protection works; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Helipads; Heliports; Industrial retail outlets; Industrial training facilities; Kiosks; Light industries; Local distribution premises; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Service stations; Sex services premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres
Any development not specified in item 2 or 3
• To provide areas for industries that need to be separated from other land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To preserve opportunities for a wide range of industries and similar land uses by prohibiting land uses that detract from or undermine such opportunities.
Nil
Boat building and repair facilities; Building identification signs; Business identification signs; Crematoria; Data centres; Depots; Environmental facilities; Environmental protection works; Flood mitigation works; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Horticulture; Industrial training facilities; Kiosks; Mortuaries; Offensive storage establishments; Oyster aquaculture; Recreation areas; Roads; Rural industries; Tank-based aquaculture; Warehouse or distribution centres
Any development not specified in item 2 or 3
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To allow for residential and other accommodation in Liverpool city centre, while maintaining active retail, business or other non-residential uses at street level.
Home-based child care; Home occupations
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Home businesses; Horticulture; Hostels; Information and education facilities; Light industries; Local distribution premises; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals; Water recreation structures
Any development not specified in item 2 or 3
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
Nil
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To reserve land for the provision of infrastructure.
Nil
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Environmental protection works; Roads
Any other development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To provide sufficient and equitable distribution of public open space to meet the needs of residents.
• To ensure the suitable preservation and maintenance of environmentally significant or environmentally sensitive land.
Environmental protection works; Home occupations
Aquaculture; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Kiosks; Marinas; Mooring pens; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Water recreation structures
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To enable land uses that are compatible with, and complimentary to, recreational uses.
Environmental protection works; Home occupations
Animal boarding or training establishments; Aquaculture; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Hotel or motel accommodation; Information and education facilities; Kiosks; Landscaping material supplies; Marinas; Mooring pens; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Stock and sale yards; Veterinary hospitals; Water recreation structures
Any other development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To enable the recreational enjoyment, cultural interpretation or scientific study of the natural environment.
Environmental protection works
Building identification signs; Environmental facilities; Flood mitigation works; Information and education facilities; Oyster aquaculture Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To enable the recreational enjoyment or scientific study of the natural environment.
Environmental protection works; Home-based child care; Home occupations
Building identification signs; Cellar door premises; Dwelling houses; Environmental facilities; Flood mitigation works; Home businesses; Home industries; Information and education facilities; Kiosks; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Tank-based aquaculture
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
• To enable the recreational enjoyment or scientific study of the natural environment.
• To allow development for water recreation purposes that does not have a significant adverse effect on the natural values of waterways in this zone.
Environmental protection works
Aquaculture Boat sheds; Building identification signs; Business identification signs; Environmental facilities; Flood mitigation works; Information and education facilities; Marinas; Mooring pens; Moorings; Recreation areas; Roads; Water recreation structures
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(e) (Repealed)
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
(Repealed)
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
To be complying development, the development must also—
(a) be consistent with an approved koala plan of management, within the meaning of State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 4 that applies to the land, and
(b) not be carried out on land subject to any easement for a public sewer main, and
(c) be undertaken in accordance with any relevant Sydney Water requirements that relate to building over sewers, and
(d) not require a tree to be removed, and
(e) not be carried out on land that has been used for any one or more of the following purposes unless notice of completion of remediation work for the proposed use has been given to the Council in accordance with State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4—
• asbestos or asbestos products, extractive industries, intensive livestock agriculture, manufacturing of chemicals, mining, service stations, sheep or cattle dips, waste disposal land fill operations, waste management facilities, and
(f) not be carried out on land—
(i) that is within 40 metres of a waterway, or
(ii) that is at or below the flood planning level, or
(iii) that is bush fire prone land, or
(iv) that is subject to subsidence, slip or erosion, or
(v) that is in C2 Environmental Conservation or Zone C3 Environmental Management, or
(vi) that is environmentally significant land, or
(vii) that is a special area or outer catchment area within the meaning of the Water NSW Act 2014, or
(viii) that is within 200 metres of a poultry farm.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(Repealed)
A heading to an item in Schedule 3 is part of that Schedule.
In this section—
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to ensure that lot sizes are consistent with the desired residential density for different locations,
(b) to ensure that lot sizes are able to accommodate development that is suitable for its purpose and consistent with relevant development controls,
(c) to prevent fragmentation of land which would prevent the achievement of the extent of development and nature of uses envisioned for particular locations,
(d) to minimise traffic impacts resulting from any increase in the number of lots on classified roads,
(e) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(f) to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,
(g) to ensure that lot sizes allow buildings to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
Despite subclause (3), the size of any lot resulting from the subdivision of land shown on the Lot Size Map to be within Area 1, Area 2 or Area 3 for the purposes of—
(a) a dual occupancy that was approved before the making of this Plan and that satisfies any conditions of that approval, or
(b) multi dwelling housing, or
(c) attached dwellings, or
(d) semi-detached dwellings,
must not be less than the area shown in Column 2 of the Table to this subclause opposite the relevant Area, or if the lot adjoins a rear or side lane that provides vehicular access to the lot, not less than the area shown in Column 3 of the Table opposite the relevant Area.
Column 1 | Column 2 | Column 3 |
Area 1 | 225m | 180m |
Area 2 | 250m | 200m |
Area 3 | 300m | 240m |
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements,
(b) to ensure that lot sizes in community title schemes are consistent with the desired residential density for different locations,
(c) to ensure that lot sizes in community title schemes are able to accommodate development that is suitable for its purpose and consistent with relevant development controls,
(d) to prevent fragmentation of land that would prevent the achievement of the extent of development and nature of uses envisioned for particular locations,
(e) to prevent an increased traffic and safety impact as a result of increased lots on classified roads,
(f) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(g) to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area,
(h) to ensure that lot sizes in community title schemes allow buildings to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) a rural zone,
(b) a residential zone,
(c) an employment zone,
(d) a mixed use zone,
(e) a special purpose zone,
(f) a recreation zone,
(g) a conservation zone,
(h) a waterway zone,
(i)–(y) (Repealed)
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Despite subclause (3), the size of any lot resulting from the subdivision of land shown on the Lot Size Map to be within Area 1, Area 2 or Area 3 for the purposes of—
(a) a dual occupancy that was approved before the making of this Plan and that satisfies any conditions of that approval, or
(b) 2 or more dwellings where each dwelling is attached to another dwelling by a common wall, or
(c) 3 or more dwellings, or
(d) attached dwellings, or
(e) semi-detached dwellings,
must not be less than the area shown in Column 2 of the Table to this subclause opposite the relevant Area, or if the lot adjoins a rear or side lane that provides vehicular access to the lot, not less than the area shown in Column 3 of the Table opposite the relevant Area.
Column 1 | Column 2 | Column 3 |
Area 1 | 225 square metres | 180 square metres |
Area 2 | 250 square metres | 200 square metres |
Area 3 | 300 square metres | 240 square metres |
This clause applies despite clause 4.1.
The objectives of this clause are as follows—
(a) to establish a minimum lot size for dual occupancies in Zone R2,
(b) to achieve planned residential density in Zone R2,
(c) to ensure lots are large enough to accommodate dual occupancies in a way that provides a high level of residential amenity,
(d) to minimise any adverse impacts of development on the amenity of the area.
This clause applies to land in Zone R2 Low Density Residential.
Development consent must not be granted to the erection of dual occupancies unless the development is on a lot that is at least—
(a) for development on land identified on the Lot Size for Dual Occupancy Development Map—the minimum lot size shown on the map in relation to the land, or
(b) for other development—600m
2 .
The objectives of this clause are as follows—
(a) to establish a minimum subdivision lot size for dual occupancies in Zone R2,
(b) to achieve planned residential density in Zone R2,
(c) to ensure lots are large enough to accommodate dual occupancies that provide a high level of residential amenity,
(d) to minimise any adverse impacts of development on the amenity of the area.
This clause applies to land in Zone R2 Low Density Residential.
Despite clause 4.1(1)–(3), development consent may be granted to the subdivision of land to which this clause applies if the consent authority is satisfied that there is an existing dual occupancy on the land that was lawfully erected.
Subclause (3) does not apply unless each lot resulting from the subdivision will—
(a) be at least—
(i) for land identified on the Lot Size for Dual Occupancy Development Map—50% of the minimum lot size shown on the map in relation to the land, or
(ii) for other land—300m
2 , and
(b) have only one dwelling located on the lot.
If the lot is a battle-axe lot or has an access handle, the area of the access handle is not included in calculating the size of the lot under subclause (4).
The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivision that would create additional dwelling entitlements.
This clause applies to land in the following zones that is used, or proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a) a rural zone,
(b) a conservation zone.
(c)–(f) (Repealed)
Development consent must not be granted for the subdivision of a lot to which this clause applies under a strata plan that would create lots below the minimum size shown on the Lot Size Map for that land.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include all of these zones.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objective of this clause is to permit the boundary between 2 lots to be altered in certain circumstances, to give landowners a greater opportunity to achieve the objectives of a zone.
This clause applies to land in any of the following zones—
(a) a rural zone,
(b) Zone R5 Large Lot Residential,
(c) a conservation zone.
(d)–(g) (Repealed)
Despite clause 4.1(3), development consent may be granted to the subdivision of 2 adjoining lots, being land to which this clause applies, if the subdivision will not result in either of the following—
(a) an increase in the number of lots,
(b) an increase in the number of dwellings on, or dwellings that may be erected on, any of the lots.
Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following—
(a) the existing uses and approved uses of other land in the vicinity of the subdivision,
(b) whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,
(c) whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d) whether or not the subdivision is likely to be incompatible with a use on land in any adjoining zone,
(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),
(f) whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(g) whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.
This clause does not apply—
(a) in relation to the subdivision of individual lots in a strata plan or community title scheme, or
(b) if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
The objectives of this clause are as follows—
(a) to establish the maximum height limit in which buildings can be designed and floor space can be achieved,
(b) to permit building heights that encourage high quality urban form,
(c) to ensure buildings and public areas continue to receive satisfactory exposure to the sky and sunlight,
(d) to nominate heights that will provide an appropriate transition in built form and land use intensity.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
Clauses 5.6, 7.2 and 7.5 provide for circumstances under which a building in the Liverpool city centre may exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are as follows—
(a) to establish standards for the maximum development density and intensity of land use, taking into account the availability of infrastructure and the generation of vehicle and pedestrian traffic,
(b) to control building density and bulk in relation to the site area in order to achieve the desired future character for different locations,
(c) to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain,
(d) to maintain an appropriate visual relationship between new development and the existing character of areas or locations that are not undergoing, and are not likely to undergo, a substantial transformation,
(e) to provide an appropriate correlation between the size of a site and the extent of any development on that site,
(f) to facilitate design excellence in the Liverpool city centre by ensuring the extent of floor space in building envelopes leaves generous space for the articulation and modulation of design.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
Despite subclause (2)—
(a) a 3 storey building containing dwellings, or
(b) a building used for the purposes of an attached dwelling, multi dwelling housing, semi-detached dwellings, a secondary dwelling or 2 or more dwellings where each dwelling is attached to another dwelling by a common wall,
that is on land shown to be within Area 2 or Area 3 on the Floor Space Ratio Map, may have a maximum floor space ratio of—
(c) up to 0.05:1 greater than that shown on the Map, or
(d) if the building is on a lot that adjoins a rear or side lane that provides vehicular access to the lot, up to 0.1:1 greater than that shown on the Map.
Despite subclause (2), the maximum floor space ratio of a building in the Liverpool city centre that is—
(a) on a site area greater than 1,000 square metres, and
(b) on land in a zone specified in the Table to this clause, and
(c) on land for which the maximum building height shown on the Height of Buildings Map is as specified in Column 1 of the Table under the heading for that zone,
is the amount specified opposite that height in—
(d) Column 2 of the Table, if the site area for the building is greater than 1,000 square metres but less than 2,500 square metres, or
(e) Column 3 of the Table, if the site area for the development is equal to, or greater than 2,500 square metres.
For the purposes of Column 2 of the Table to this clause, X is to be calculated in accordance with the following formula—
Column 1 | Column 2 | Column 3 |
35m | (4 + X):1 | 5:1 |
100m | (5 + 3X):1 | 8:1 |
18m | (1.5 + 0.5X):1 | 2:1 |
35m | (2.5 + X):1 | 3.5:1 |
45m | (2.5 + 1.5X):1 | 4:1 |
80m | (2.5 + 3.5X):1 | 6:1 |
18m | (1 + X):1 | 2:1 |
24m | (1.5 + X):1 | 2.5:1 |
35m | (2 + X):1 | 3:1 |
45m | (2 + 1.5X):1 | 3.5:1 |
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
When this Plan was made it did not include all of these zones.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 5.4,
(caa) clause 5.5,
(ca) clause 6.5, 6.6, 7.5A, 7.22, 7.23, 7.24, 7.25, 7.26, 7.26A, 7.27, 7.28, 7.29 or 7.30.
The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act
1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone E1 Local Centre and marked “Community facilities” | Council |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
Zone SP2 Infrastructure and marked “Educational establishment” | Department of Education and Training |
Zone SP2 Infrastructure and marked “Local road” | Council |
Zone SP2 Infrastructure and marked “Drainage” | Council |
Zone SP2 Infrastructure and marked “Railway” | The corporation constituted under section 8 of the Act |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Zone C2 Environmental Conservation and marked “Local open space” | Council |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).
The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the authority of the State specified opposite that land in Column 2 of the Table.
Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 3 of the Table to this clause.
Column 1 | Column 2 | Column 3 |
Land | Authority | Development |
Zone RE1 Public Recreation and marked “Local open space” | Council | Earthworks; Recreation areas |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | Earthworks; Recreation areas |
Zone E1 Local Centre and marked “Community facilities” | Council | Earthworks; Community facilities |
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4—
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
Liverpool Local Environmental Plan 2008 (Amendment No 30). LW 17.4.2014. Date of commencement, on publication on LW, cl 2. | ||
(373) | Liverpool Local Environmental Plan 2008 (Amendment No 27). LW 20.6.2014. Date of commencement, on publication on LW, cl 2. | |
(374) | Liverpool Local Environmental Plan 2008 (Amendment No 36). LW 20.6.2014. Date of commencement, on publication on LW, cl 2. | |
(375) | Liverpool Local Environmental Plan 2008 (Amendment No 43). LW 20.6.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(472) | Liverpool Local Environmental Plan 2008 (Amendment No 42). LW 25.7.2014. Date of commencement, on publication on LW, cl 2. | |
(504) | Liverpool Local Environmental Plan 2008 (Amendment No 34). LW 8.8.2014. Date of commencement, on publication on LW, cl 2. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(688) | Liverpool Local Environmental Plan 2008 (Amendment No 45). LW 24.10.2014. Date of commencement, on publication on LW, cl 2. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
(36) | Liverpool Local Environmental Plan 2008 (Amendment No 39). LW 30.1.2015. Date of commencement, on publication on LW, cl 2. | |
(52) | Liverpool Local Environmental Plan 2008 (Amendment No 47). LW 6.2.2015. Date of commencement, on publication on LW, cl 2. | |
(142) | Liverpool Local Environmental Plan 2008 (Amendment No 35). LW 20.3.2015. Date of commencement, on publication on LW, cl 2. | |
(169) | Liverpool Local Environmental Plan 2008 (Amendment No 48). LW 10.4.2015. Date of commencement, on publication on LW, cl 2. | |
(291) | Liverpool Local Environmental Plan 2008 (Amendment No 49). LW 12.6.2015. Date of commencement, on publication on LW, cl 2. | |
(316) | State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3). LW 19.6.2015. Date of commencement, 4 weeks after publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(562) | Liverpool Local Environmental Plan 2008 (Amendment No 37). LW 18.9.2015. Date of commencement, on publication on LW, cl 2. | |
(706) | Liverpool Local Environmental Plan 2008 (Amendment No 55). LW 20.11.2015. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(52) | Liverpool Local Environmental Plan 2008 (Amendment No 59). LW 29.1.2016. Date of commencement, on publication on LW, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(174) | Liverpool Local Environmental Plan 2008 (Amendment No 32). LW 8.4.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(315) | Liverpool Local Environmental Plan 2008 (Amendment No 57). LW 10.6.2016. Date of commencement, on publication on LW, cl 2. | |
(355) | Liverpool Local Environmental Plan 2008 (Amendment No 62). LW 24.6.2016. Date of commencement, on publication on LW, cl 2. | |
(504) | Liverpool Local Environmental Plan 2008 (Amendment No 51). LW 12.8.2016. Date of commencement, on publication on LW, cl 2. | |
(809) | Liverpool Local Environmental Plan 2008 (Amendment No 31). LW 21.12.2016. Date of commencement, on publication on LW, cl 2. | |
(199) | Liverpool Local Environmental Plan 2008 (Amendment No 60). LW 19.5.2017. Date of commencement, on publication on LW, cl 2. | |
(350) | State Environmental Planning Policy Amendment (Miscellaneous) 2017. LW 7.7.2017. Date of commencement, 14.7.2017, cl 2. | |
(411) | Liverpool Local Environmental Plan 2008 (Amendment No 64). LW 11.8.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(488) | Liverpool Local Environmental Plan 2008 (Amendment No 41). LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(501) | Liverpool Local Environmental Plan 2008 (Amendment No 67). LW 8.9.2017. Date of commencement, on publication on LW, cl 2. | |
(613) | Liverpool Local Environmental Plan 2008 (Amendment No 65). LW 3.11.2017. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018 Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.2, 31.8.2018, cl 2 (1). | |
(520) | Liverpool Local Environmental Plan 2008 (Amendment No 52). LW 5.9.2018. Date of commencement, on publication on LW, cl 2. | |
(527) | Liverpool Local Environmental Plan 2008 (Amendment No 72). LW 7.9.2018. Date of commencement, on publication on LW, cl 2. | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(150) | Liverpool Local Environmental Plan 2008 (Amendment No 56). LW 22.3.2019. Date of commencement, on publication on LW, cl 2. | |
(370) | Liverpool Local Environmental Plan 2008 (Amendment No 61). LW 2.8.2019. Date of commencement, on publication on LW, cl 2. | |
(401) | Liverpool Local Environmental Plan 2008 (Amendment No 73). LW 16.8.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 1.7, 3 and 5, 15.1.2020, cl 2(1). | |
(5) | Liverpool Local Environmental Plan 2008 (Amendment No 74). LW 10.1.2020. Date of commencement, on publication on LW, cl 2. | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(192) | Liverpool Local Environmental Plan 2008 (Amendment No 78). LW 8.5.2020. Date of commencement, on publication on LW, cl 2. | |
(224) | Liverpool Local Environmental Plan 2008 (Amendment No 76). LW 22.5.2020. Date of commencement, on publication on LW, cl 2. | |
(501) | State Environmental Planning Policy (Vegetation in Non-Rural Areas) Amendment 2020. LW 21.8.2020. Date of commencement, on publication on LW, cl 2. | |
(545) | State Environmental Planning Policy (Western Sydney Aerotropolis) 2020. LW 11.9.2020. Date of commencement, 1.10.2020, cl 2. | |
(564) | Liverpool Local Environmental Plan 2008 (Amendment No 70). LW 18.9.2020. Date of commencement, on publication on LW, cl 2. | |
(596) | Local Environmental Plan Amendment (Major Infrastructure Corridors—Maps) 2020. LW 2.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
(647) | Liverpool Local Environmental Plan 2008 (Amendment No 54). LW 30.10.2020. Date of commencement, on publication on LW, cl 2. | |
(667) | State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020. LW 13.11.2020. Date of commencement, on publication on LW, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(4) | Liverpool Local Environmental Plan 2008 (Amendment No 69). LW 22.1.2021. Date of commencement, on publication on LW, cl 2. | |
(30) | Liverpool Local Environmental Plan 2008 (Amendment No 71). LW 5.2.2021. Date of commencement, on publication on LW, cl 2. | |
(31) | Liverpool Local Environmental Plan 2008 (Amendment No 77). LW 5.2.2021. Date of commencement, on publication on LW, cl 2. | |
(95) | Liverpool Local Environmental Plan 2008 (Amendment No 68). LW 5.3.2021. Date of commencement, on publication on LW, cl 2. | |
(123) | Liverpool Local Environmental Plan 2008 (Amendment No 89). LW 19.3.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(141) | Liverpool Local Environmental Plan 2008 (Amendment No 82). LW 26.3.2021. Date of commencement, on publication on LW, cl 2. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(514) | Liverpool Local Environmental Plan 2008 (Amendment No 79). LW 3.9.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(112) | State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Miscellaneous) 2022. LW 25.3.2022. Date of commencement of Sch 2, on publication on LW, sec 2(1). | |
(180) | Liverpool Local Environmental Plan 2008 (Amendment No 63). LW 29.4.2022. Date of commencement, 1.11.2022, cl 2. | |
(232) | Liverpool Local Environmental Plan 2008 (Amendment No 94). LW 20.5.2022. Date of commencement, on publication on LW, cl 2. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. | |
(437) | Liverpool Local Environmental Plan 2008 (Amendment No 93). LW 5.8.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(674) | Liverpool Local Environmental Plan 2008 (Amendment No 91). LW 11.11.2022. Date of commencement, on publication on LW, cl 2. | |
(831) | State Environmental Planning Policy Amendment (Land Use Zones) (No 5) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. Sch 1.17[26] was not commenced and was repealed by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82), Sch 1.5[24]. | |
(17) | Liverpool Local Environmental Plan 2008 (Amendment No 95). LW 20.1.2023. Date of commencement, on publication on LW, cl 2. | |
(116) | Liverpool Local Environmental Plan 2008 (Amendment No 96). LW 2.3.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(507) | Liverpool Local Environmental Plan 2008 (Amendment No 80). LW 8.9.2023. Date of commencement, on publication on LW, cl 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(626) | Liverpool Local Environmental Plan 2008 (Amendment No 97). LW 24.11.2023. Date of commencement, on publication on LW, cl 2. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.8, on publication on LW, sec 2(b). | |
(82) | Liverpool Local Environmental Plan 2008 (Amendment No 98). LW 22.3.2024. Date of commencement, on publication on LW, cl 2. | |
(503) | Liverpool Local Environmental Plan 2008 (Amendment No 99). LW 27.9.2024. Date of commencement, on publication on LW, cl 2. | |
(384) | Liverpool Local Environmental Plan 2008 (Amendment No 101). LW 1.8.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. | |
(597) | Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025. LW 31.10.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2021 (141), Sch 1[1]–[6]. |
Cl 1.8 | Am 2010 (162), Sch 1.4 [1] [2]. |
Cl 1.8A | Am 2021 (141), Sch 1[7] [8]; 2023 (609), Sch 1.1[1]; 2025 (597), Sch 5[1]. |
Cl 1.9A | Am 2011 (363), Sch 13 [1]; 2019 (621), Sch 5[2] [4]. |
Cl 2.1 | Am 2022 (831), Sch 1.17[1]. |
Cl 2.3 | Am 2020 (501), Sch 2.6. |
Cl 2.6BB | Ins 2010 (162), Sch 1.4 [4]. |
Cll 2.6A, 2.6B | Rep 2010 (162), Sch 1.4 [3]. |
Land Use Table | Am 2010 (162), Sch 1.4 [5]; 2010 (176), Sch 1 [1]; 2010 (668), Sch 1 [1]–[5]; 2011 (363), Sch 13 [2]–[28]; 2011 (374), cl 4; 2011 No 62, Sch 2.19 [1] [2]; 2012 (117), Sch 1 [1]; 2012 (384), Sch 1 [1]; 2014 (373), Sch 1 [1]–[4]; 2014 (374), cl 4 (1)–(3); 2015 (169), cl 4 (1); 2016 (174), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (4), cl 4(1)–(4); 2021 (141), Sch 1[9]–[21]; 2022 (831), Sch 1.17[2] (am 2023 (82), Sch 1.5[23]); 2023 (458), Sch 2.54. |
Cl 3.1 | Am 2010 (162), Sch 1.4 [6]. |
Cl 3.2 | Am 2010 (162), Sch 1.4 [7]; 2014 No 74, Sch 3.16; 2015 (291), Sch 1 [1]; 2022 (72), Sch 1.31[1] [2]; 2022 (831), Sch 1.17[3]; 2023 (609), Sch 2.11. |
Cl 4.1AA | Ins 2011 (363), Sch 13 [29]. Am 2022 (831), Sch 1.17[4]. |
Cl 4.1AB | Ins 2025 (597), Sch 5[2]. |
Cl 4.1AC | Ins 2025 (597), Sch 5[2]. |
Cl 4.1A | Am 2010 (176), Sch 1 [2]. Subst 2011 (363), Sch 13 [30]. Am 2022 (831), Sch 1.17[5] [6]. |
Cl 4.2 | Am 2014 (375), Sch 1 [1]. |
Cl 4.2A | Rep 2011 (363), Sch 13 [30]. Ins 2014 (375), Sch 1 [2]. Am 2022 (831), Sch 1.17[7] [8]. |
Cl 4.4 | Am 2010 (176), Sch 1 [3]; 2021 (141), Sch 1[22] [23]; 2022 (831), Sch 1.17[9] [10]. |
Cl 4.6 | Am 2013 (153), Sch 1 [1]; 2014 (375), Sch 1 [3]; 2018 (520), Sch 1 [1]; 2023 (554), Sch 2.18[1]. |
Cl 5.1 | Am 2010 (668), Sch 1 [6]; 2012 (384), Sch 1 [2]; 2022 (831), Sch 1.17[11] [12]. |
Cl 5.1A | Am 2019 (621), Sch 1.7[1]; 2022 (831), Sch 1.17[13]. |
Cl 5.3 | Am 2022 (831), Sch 1.17[14]. |
Cl 5.4 | Am 2011 (363), Sch 13 [31] [32]; 2018 (406), Sch 1.85 [1] [2]. |
Cl 5.5 | Subst 2021 (714), Sch 11.25. |
Cl 5.9 | Am 2011 (363), Sch 13 [33]. Ins 2021 (302), Sch 1.19. Am 2022 (831), Sch 1.17[15]. |
Cl 5.13 | Ins 2011 (363), Sch 13 [34]. |
Cl 5.16 | Subst 2021 (141), Sch 1[24]. |
Cl 5.22 | Subst 2023 (609), Sch 1.1[2]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 6.1 | Am 2023 (554), Sch 2.18[2]. |
Cl 6.3 | Am 2018 (520), Sch 1 [2]; 2019 (621), Sch 1.7[2]; 2021 (141), Sch 1[25]; 2023 (554), Sch 2.18[3]. |
Cl 6.4 | Am 2011 (363), Sch 13 [35]. Rep 2023 (554), Sch 2.18[4]. |
Cl 6.4A | Ins 2018 (520), Sch 1 [3]. Am 2019 (150), cl 5 (1). Renumbered as cl 7.1A, 2021 (141), Sch 1[26]. |
Cl 6.6 | Am 2018 (520), Sch 1 [4]; 2021 (141), Sch 1[27]. |
Cl 7.1A (previously 6.4A) | Renumbered 2021 (141), Sch 1[26]. Am 2021 (514), cl 5; 2022 (180), Sch 1[1]; 2022 (232), cl 5(1). Rep 2023 (554), Sch 2.18[4]. |
Cl 7.2 | Am 2018 (520), Sch 1 [5]. |
Cl 7.3 | Am 2022 (831), Sch 1.17[16]. |
Cl 7.4 | Am 2022 (831), Sch 1.17[16]. |
Cl 7.5 | Am 2011 (305), cl 4; 2017 (488), Sch 1 [1]; 2018 (520), Sch 1 [6]; 2021 (141), Sch 1[28]. |
Cl 7.5A | Ins 2018 (520), Sch 1 [7]. Am 2021 (141), Sch 1[29] [30]. |
Part 7, Div 2, heading | Subst 2013 (153), Sch 1 [2]. |
Cl 7.7 | Am 2016 (174), Sch 1 [3]; 2020 (667), Sch 1.4; 2021 (141), Sch 1[31]. |
Cl 7.8 | Am 2010 (176), Sch 1 [4]. Subst 2015 (291), Sch 1 [2]. Rep 2021 (225), Sch 1. |
Cl 7.8A | Ins 2015 (291), Sch 1 [2]. Am 2017 (493), Sch 1.2 [2]. Rep 2023 (609), Sch 1.14[1]. |
Cl 7.10 | Am 2011 (363), Sch 13 [36]; 2015 (169), cl 4 (2). |
Cl 7.10A | Ins 2016 (174), Sch 1 [4]. |
Cl 7.12 | Am 2013 (153), Sch 1 [3]. |
Cl 7.13 | Am 2010 (668), Sch 1 [7] [8]; 2016 (174), Sch 1 [5]. Rep 2021 (141), Sch 1[32]. |
Cl 7.14 | Am 2018 (520), Sch 1 [8]; 2022 (831), Sch 1.17[16] [17]. |
Cl 7.15 | Rep 2021 (141), Sch 1[32]. |
Cl 7.16 | Am 2010 (668), Sch 1 [9]; 2021 (141), Sch 1[33]–[35]; 2022 (831), Sch 1.17[18]–[21]. |
Cl 7.17 | Am 2010 (176), Sch 1 [5]. Subst 2016 (504), Sch 1 [1]. Am 2022 (112), Sch 2.1[1]. |
Cl 7.17A | Ins 2017 (501), cl 5. |
Cl 7.18
Am 2010 (176), Sch 1 [6]; 2021 (141), Sch 1[36] [37]; 2022 (112), Sch 2.1[2].
Cl 7.19
Am 2015 (316), Sch 2.8; 2023 (664), Sch 3.8.
Cl 7.20
Am 2023 (523), Sch 1.4[1] [2].
Cl 7.21
Rep 2021 (141), Sch 1[38].
Cl 7.22
Am 2010 (668), Sch 1 [10] [11]; 2021 (141), Sch 1[39]; 2022 (831), Sch 1.17[22]–[24].
Cl 7.23
Am 2012 (107), Sch 1; 2018 (488), Sch 1.2; 2022 (831), Sch 1.17[22] [24].
Cl 7.24
Subst 2010 (176), Sch 1 [7]. Am 2011 (363), Sch 13 [36]; 2014 (172), Sch 1 [1] [2]; 2015 (169), cl 4 (3).
Cl 7.24A
Ins 2016 (174), Sch 1 [6].
Cl 7.25
Subst 2022 (831), Sch 1.17[25] (subst 2023 (82), Sch 1.5[24]).
Cl 7.26
Am 2017 (493), Sch 1.2 [1] [2]; 2022 (831), Sch 1.17[27]–[29].
Cl 7.26A
Ins 2013 (153), Sch 1 [4]. Am 2021 (141), Sch 1[40].
Cl 7.28
Rep 2021 (141), Sch 1[41].
Cl 7.29
Rep 2022 (831), Sch 1.17[30].
Cl 7.30
Am 2022 (831), Sch 1.17[30A] (ins 2023 (82), Sch 1.5[25]) [30B] (ins 2023 (82), Sch 1.5[25]).
Cl 7.31
Ins 2011 (363), Sch 13 [37].
Cl 7.32
Ins 2012 (158), Sch 1. Am 2022 (831), Sch 1.17[30A] (ins 2023 (82), Sch 1.5[25]).
Cl 7.33
Ins 2014 (373), Sch 1 [5]. Am 2021 (141), Sch 1[42] [43].
Cl 7.34
Ins 2014 (373), Sch 1 [5]. Am 2021 (141), Sch 1[44] [45].
Cl 7.35
Ins 2014 (472), Sch 1. Am 2017 (493), Sch 1.2 [1].
Cl 7.36
Ins 2016 (355), Sch 1 [1]. Am 2019 (621), Sch 1.7[3]. Rep 2023 (554), Sch 2.18[4].
Cl 7.37
Ins 2016 (504), Sch 1 [2]. Am 2021 (141), Sch 1[46]–[48].
Cl 7.38
Ins 2017 (199), Sch 1.
Cl 7.39
Ins 2017 (411), Sch 1.
Cl 7.40
Ins 2019 (150), cl 5 (2). Rep 2022 (232), cl 5(2).
Cl 7.41
Ins 2021 (141), Sch 1[49]. Am 2022 (831), Sch 1.17[31]–[34].
Cl 7.42
Ins 2022 (180), Sch 1[2]. Am 2022 (831), Sch 1.17[35]; 2024 (503), Sch 1[1]–[4].
Cl 7.43
Ins 2023 (507), Sch 1.
Cl 7.44
Ins 2023 (625), Sch 1.
Sch 1
Am 2008 (403), Sch 1; 2010 (176), Sch 1 [8] [9]; 2010 (526), Sch 1; 2011 (227), cl 4; 2011 (363), Sch 13 [38] [39]; 2011 No 62, Sch 2.19 [3]; 2013 (16), Sch 1; 2013 (316), Sch 1 [1] [2]; 2016 (355), Sch 1 [2]; 2018 (488), Sch 1.2; 2018 (527), cl 4; 2019 (370), cl 5; 2019 (401), cl 4; 2020 (5), cl 4; 2020 (224), cl 4; 2021 (31), cl 5; 2021 (123), cl 4; 2021 (141), Sch 1[50]–[57]; 2022 (180), Sch 1[3]; 2022 (674), cl 4(1)–(5); 2022 (831), Sch 1.17[36]–[45]; 2023 (116), cl 5.
Sch 2
Am 2010 (162), Sch 1.4 [8]; 2010 (176), Sch 1 [10]–[13]; 2010 No 59, Sch 2.50; 2011 (363), Sch 13 [40]; 2012 (117), Sch 1 [2]; 2021 (141), Sch 1[58]; 2022 (437), cl 5; 2022 (831), Sch 1.17[46]–[51].
Sch 3
Am 2010 (162), Sch 1.4 [9]; 2010 (176), Sch 1 [14]–[27]; 2011 (363), Sch 13 [41] [42]; 2017 (350), Sch 1.3; 2022 (831), Sch 1.17[52].
Sch 4
Am 2011 (620), Sch 1 [1] [2]; 2012 (117), Sch 1 [3] [4]; 2013 (153), Sch 1 [5]; 2014 (373), Sch 1 [6] [7]; 2015 (36), cl 5; 2016 (174), Sch 1 [7] [8]; 2017 (488), Sch 1 [2] [3]; 2020 (647), cl 5; 2021 (95), Sch 1; 2024 (82), Sch 1.
Sch 5
Am 2010 (668), Sch 1 [12] [13]; 2011 (443), Sch 1 [1]–[13]; 2011 (643), Sch 1; 2012 (117), Sch 1 [5] [6]; 2012 (538), Sch 2.3 [1] [2]; 2014 (373), Sch 1 [8]; 2015 (562), cl 5; 2016 (174), Sch 1 [9]; 2020 (545), Sch 3.1; 2021 (141), Sch 2[1]–[72]; 2022 No 26, Sch 2.18; 2023 (17), cl 5(1) (2); 2025 (384), Sch 1.
Sch 7 (previously Sch 6)
Renumbered 2021 (141), Sch 1[59].
Dictionary
Am 2010 (176), Sch 1 [28]; 2011 (620), Sch 1 [3]; 2015 (291), Sch 1 [3]; 2021 (141), Sch 1[60]; 2023 (554), Sch 2.18[5]; 2023 (609), Sch 1.14[2]; 2025 (597), Sch 5[3].
Maps
Am 2009 (91), cl 21 (1); 2009 (164); 2009 (629), cl 4; 2010 (36), cl 4; 2010 (176), cl 4; 2010 (526), cl 4; 2010 (550), cl 4; 2010 (668), cl 4; 2011 (620), cl 4; 2011 (643), cl 4; 2012 (107), cl 4; 2012 (117), cl 4; 2012 (150), cl 4; 2012 (158), cl 4; 2012 (239), cl 4; 2012 (384), cl 4; 2012 (538), cl 4 (2); 2012 (575), cl 4; 2013 (16), cl 4; 2013 (214), cl 4; 2013 (316), cl 4; 2013 (356), cl 4; 2014 (172), cl 4; 2014 (222), cl 4; 2014 (373), cl 4; 2014 (504), cl 4; 2014 (688), cl 4; 2015 (36), cl 4; 2015 (52), cl 4; 2015 (142), cl 4; 2015 (291), Sch 1 [3]; 2015 (562), cl 4; 2015 (706), cl 4; 2016 (52), cl 4; 2016 (174), cl 4; 2016 (315), cl 4; 2016 (355), cl 4; 2016 (504), cl 4; 2016 (809), cl 4; 2017 (199), cl 4; 2017 (411), cl 4; 2017 (488), cl 4; 2017 (501), cl 4; 2017 (613), cl 4; 2018 (520), cl 4; 2019 (150), cl 4; 2020 (192), cl 4; 2020 (545), cl 11; 2020 (564), cl 4; 2020 (596), cl 4; 2020 (647), cl 4; 2021 (30), cl 4; 2021 (31), cl 4; 2021 (95), cl 4; 2021 (141), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.
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