North Sydney Local Environmental Plan 2001 (Amendment No 10) (2006-382) [GG No 84 of 30.6.2006, p 4929] (NSW)
2006 No 382
| New South Wales |
North Sydney Local Environmental
Plan 2001 (Amendment No 10)
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the
Environmental Planning and Assessment Act 1979. (S03/00795/S69)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 84 of 30 June 2006, page 4929 | Page 1 |
| 2006 No 382 |
| Clause 1 | North Sydney Local Environmental Plan 2001 (Amendment No 10) |
North Sydney Local Environmental Plan 2001
(Amendment No 10)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is North Sydney Local Environmental Plan 2001 (Amendment
No 10).
2 Aim of plan
The aim of this plan is to amend North Sydney Local Environmental
Plan 2001:
| (a) | to include the maintenance of public access along North Sydney’s foreshores as an aim of that plan, and |
| (b) | to clarify clauses 18 (2), (3) and (3A) and 30 (2), which relate to building height planes, and |
| (c) | to clarify clause 45 (1) (e) which requires development consent for interior amendments to a heritage property listed as having an interior of heritage significance, and |
| (d) | to update the definition of restricted premises, and |
| (e) | to amend Schedule 3 (Heritage items), and |
| (f) | to replace Schedules 6 (Exempt development), 7 (Complying development) and 8 (Complying development certificate standard conditions), and |
| (g) | to rezone part of 9 Westleigh Street, Neutral Bay from the Special Use—Club Zone to the Private Recreation Zone, and |
| (h) | to rezone 16 Bydown Street, Neutral Bay from the Special Use— School Zone to the Residential A2 zone, and |
(i) to rezone 6 Pine Street, Cammeray from the Special Use— School Zone to the Residential A2 Zone, and
| (j) | to rezone the RTA Registry site, 303–321 Miller Street, Cammeray from the Special Use—Motor Registry Zone to the Residential C Zone, and |
| (k) | to reflect the amendments to Sheets 1 and 4 of the map marked “North Sydney Local Environmental Plan 2001”. |
2006 No 382
| North Sydney Local Environmental Plan 2001 (Amendment No 10) | Clause 3 |
3 Land to which plan applies
|
| (a) | No 9 Westleigh Street, Neutral Bay, and |
| (b) | No 16 Bydown Street, Neutral Bay, and |
| (c) | No 6 Pine Street, Cammeray, and |
| (d) | Nos 303–321 Miller Street, Cammeray, |
as shown coloured and edged heavy black on Sheets 4–7 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 10)” deposited in the office of North Sydney Council.
| (3) | To the extent that it has the effect of amending Sheet 4 of North Sydney Local Environmental Plan 2001, this plan applies to: | |||||
| ||||||
| as shown coloured or edged heavy black on Sheets 1–3 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 10)” deposited in the office of North Sydney Council. |
4 Amendment of North Sydney Local Environmental Plan 2001
North Sydney Local Environmental Plan 2001 is amended as set out in
Schedule 1.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 3 Specific aims of this plan
Insert at the end of clause 3 (g):
, and
| (h) | in relation to the foreshore areas of North Sydney, to improve access by acquisition or dedication or by gaining rights of public access over foreshore land where it will not diminish the natural values of the foreshore. |
[2] Clause 12 Exempt development
Insert at the end of clause 12 (1) (d):
, and
| (e) | is carried out within property boundaries (unless Schedule 6 permits it to be carried out outside property boundaries). |
[3] Clause 18 Building height plane
Omit clause 18 (2). Insert instead:
| (2) | Building height plane control in residential A1, A2, B and F zones |
| A building must not be erected in the residential A1, A2, B or F zone if any part of the building will exceed a building height plane, commencing at 1.8 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site. |
[4] Clause 18 (3) (a) and (b)
Omit the paragraphs. Insert instead:
| (a) | commencing at 3.5 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site, or |
| (b) | commencing at 1.8 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site that adjoins land within the residential A1, A2, B or F zone or open space zone, or from the centre of any road that separates the land from land within the residential A1, A2, B or F zone or open space zone. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
[5] Clause 18 (3A) (a)–(d)
Omit the paragraphs. Insert instead:
| (a) | commencing 1.8 metres above existing ground level, and projected at an angle of 45 degrees, from all points from each of the boundaries of the site that adjoin land within the residential A1, A2, B, or F zone or open space zone, or |
| (b) | commencing 1.8 metres above existing ground level, and projected at an angle of 45 degrees, from the centre of any road that separates the land from land within the residential A1, A2, B, or F zone or open space zone, or |
| (c) | commencing 3.5 metres above existing ground level, and projected at an angle of 45 degrees, from all points from each of the boundaries of the site that adjoin land within the residential C zone, or |
| (d) | commencing 3.5 metres above existing ground level, and projected at an angle of 45 degrees, from the centre of any road that separates the land from land within the residential C zone. |
[6] Clause 30 Building height plane controls
Omit clause 30 (2) (a)–(d). Insert instead:
| (a) | commencing 1.8 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site that adjoin land within the residential A1, A2, B or F zone or open space zone, or |
| (b) | commencing 1.8 metres above existing ground level, and projected at an angle of 45 degrees, from the centre of any road that separates the land from land within the residential A1, A2, B or F zone or open space zone, or |
| (c) | commencing 3.5 metres above existing ground level, and projected at an angle of 45 degrees, at all points from each of the boundaries of the site that adjoin land within the residential C zone, or |
| (d) | commencing 3.5 metres above existing ground level, and projected at an angle of 45 degrees, from the centre of any road that separates the land from land within the residential C zone. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
[7] Clause 45 Consent requirements
Omit clause 45 (1) (e). Insert instead:
| (e) | making: | |||
|
[8] Schedule 2 Definitions
Insert in appropriate order in the definition of map:
North Sydney Local Environmental Plan 2001 (Amendment
No 10)
[9] Schedule 2, definition of “restricted premises”
Omit the definition. Insert instead:
restricted premises means a building or place, not including a
newsagency, pharmacy or home occupation, where:
| (a) | adult sexual acts or services are engaged in (with the exception of live performances) in return for payment or other reward, or |
| (b) | publications, films and other media classified as Category 2 restricted or X 18+ Restricted, under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or |
| (c) | a business to which section 578E of the Crimes Act 1900 applies is conducted. |
[10] Schedule 3 Heritage items
Omit the note to the Schedule. Insert instead:
Notes.
| (1) | An asterisk symbol (*) indicates heritage items with interiors of heritage significance. |
| (2) | The letter “S” indicates heritage items that are listed on the State Heritage Register as being of State heritage significance. Such items are subject to the provisions of the Heritage Act 1977. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
[11] Schedule 3
Omit “State” wherever occurring in the third column. Insert instead “S”.
[12] Schedule 3
Omit “Regional” and “Local” wherever occurring in the third column.
[13] Schedule 3
Omit the matter relating to 23 Albany Street. Insert instead:
|
Electricity Powerhouse
[14] Schedule 3
Insert “S” in the third column of the matter relating to the following heritage items:
3 Amherst Street, Tarella
7 Bannerman Street
8 Bannerman Street, Dalkieth 11 Bayview Street, Ildemere 11A Bayview Street, Ildemere Boathouse
11 Cranbrook Avenue, Egglemont
2 Hayes Street, The Hastings
2–74 Middlemiss St (bays under expressway) refer to Sydney
Harbour Bridge and approach viaducts
6 Napier Street, Don Bank
92–96 Pacific Highway, North Sydney Post Office—Court
House—former Police Station
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
[15] Schedule 3
| Omit the matter relating to Bay Road, Waverton Railway Station. Insert instead: | |||
|
group, booking office, hut and tunnel
[16] Schedule 3
Insert in alphabetical order of street names:
|
Greenwood) (North Sydney Technical
High School, former)
| Milsons Point Railway Station group, | S |
| North Shore Railway |
[17] Schedule 3
| Omit the matter relating to Commodore Crescent, Subway Overbridge. Insert instead: |
| 0260 | Commodore Crescent, Waverton rail | S |
| underbridges |
[18] Schedule 3
| Omit the matter relating to Falcon Street, Sewerage Vent, southwest of Warringah Expressway. |
| Insert instead: |
| 0764 | Falcon Street, Sewer Vent, southwest of | S |
| Warringah Freeway |
[19] Schedule 3
Omit the following matter:
|
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
[20] Schedule 3
| Omit the matter relating to Kurraba Road, Kurraba Point Reserve including Hodgson and Spains Lookouts. | |||
| Insert instead: | |||
|
Manly Steamship Company depot,
Kurraba Road, Kurraba Point Reserve
including Hodgson and Spains Lookouts
[21] Schedule 3
| Omit the matter relating to 103 Miller Street (36 Blue Street, Greenwood). Insert instead: | |||
|
Greenwood) (North Sydney Technical
High School, former)
[22] Schedule 3
| Omit the matter relating to 49 Yeo Street, St John’s Uniting Church, formerly Presbyterian Church. | |||
| Insert after the matter relating to 28 Yeo Street, Neutral Bay Fire Station: | |||
|
formerly Presbyterian Church and Pipe
Organ
[23] Schedule 6
Omit the Schedule. Insert instead:
|
(Clause 12)
Note. Clause 12 of this plan provides as follows:
| (1) | Subject to the provisions of the Act, development is exempt development if it is development which: | |||||
|
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| (d) | complies with all development standards specified in the provisions of this plan which would apply to the development if it were not exempt development, and |
| (e) | is carried out within property boundaries (unless Schedule 6 permits it to be carried out outside property boundaries). |
| (2) | State Environmental Planning Policy No 1—Development Standards does not apply to subclause (1) (d). |
It is the obligation of those responsible for any exempt development undertaken to demonstrate, if required by the Council, that they have met the appropriate requirements for any exempt development outlined in this Schedule.
Clause 5 of State Environmental Planning Policy No 10—Retention of Low-Cost Rental Accommodation restricts the application of exempt development in relation to low-cost rental accommodation.
Table
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following | |
| Any exempt development listed | Complies with the “deemed-to satisfy” |
| in this column | provisions of the Building Code of Australia that are applicable to the relevant site. |
| Meets all relevant Australian Standards. | |
| Does not contravene any valid consents that are applicable to the relevant site. | |
| Does not obstruct drainage of the site. | |
| Is carried out at least 1 m from any easement or public sewer main and complies with Sydney Water’s policy relating to building over or adjacent to sewers. | |
| Stormwater is connected to an existing system and not redirected onto an adjoining property. | |
| Does not require a tree with a height of 10 m, or a crown width of 10 m, or a trunk circumference of 1.5 m measured at 1 m above ground or more to be removed, unless a Tree Preservation Order has been obtained. | |
| Does not reduce the structural integrity of any building. | |
| All equipment is installed according to manufacturer’s specifications and by qualified tradespeople where relevant. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection and use, or carrying | Requirements | ||
| out, of any of the following | |||
| Meets all WorkCover requirements, particularly for work involving hoarding, scaffolding, removal of lead paint and asbestos. | |||
| Note. It is the obligation of those responsible for any exempt development undertaken to have obtained consent from the owners or owners corporation (body corporate), if relevant. | |||
| Access ramps for the disabled |
|
| and associated hand rails | or on the street elevation in a conservation area. |
| Size | Maximum height of ramp: 1 m (above existing ground level). |
| Maximum height of handrail: 1 m above the ramp or step. |
Advertising:
| 1 Business identification sign | Heritage | Not attached to a heritage item or |
| (flush wall sign) | adjacent to a heritage item. |
| Illumination | Not illuminated. |
| Usage | Maximum one per site (residential building). |
| Maximum 2 per site (non-residential use or building for which consent granted). | |
| Size | Maximum 0.45 m in length and 0.3 m in height. |
| Siting | Not above awning. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |
| Erection and use, or carrying | Requirements | |
| out, of any of the following | ||
|
| (a) | identification of the place or premises, |
| (b) | occupation or activity |
identification of an premises,
| (c) | necessary directions or cautions relating to the place or premises, |
| (d) | statutory notifications required or permitted to be displayed at the place or premises. |
| 2 | Change of message on | Status | Sign was previously consented to |
| existing sign | by the Council or was erected as exempt development. | ||
| Illumination | No change to authorised illumination. | ||
| Content | New message complies with any content requirements of the consent. | ||
| Any advertisement for an alcohol product is on premises where that product is sold. | |||
| Structure | No change in dimensions. Not a roof sign. |
| 3 Community notice sign | Illumination | Not illuminated. |
(a notice or display by a
public authority)
| Structure | Not permanently or structurally attached to the building. |
| Content | Contains only a notice or display of public information giving information or directions about services provided by the authority. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
| 4 | Fascia sign | Heritage | Not attached to a heritage item or |
| (a sign on the fascia or | adjacent to a heritage item. | ||
| return end of an awning) | |||
| Not in a conservation area. | |||
| Illumination | Not illuminated. | ||
| Usage | Maximum one per site. | ||
| Size | Does not project above or below the fascia or return end of the awning. | ||
| Is flush with the fascia. |
| 5 Real estate sign | Illumination | Not illuminated. |
| Size | No return exceeds 0.2 m. | |
| Residential premises or premises containing serviced apartments— does not exceed 2.5 m2 in total | ||
| area. | ||
| Commercial/industrial premises—does not exceed 4.5 m2 in total area. | ||
| Content | Contains only a notice that the building or site to which it is fixed is for sale or letting. | |
| Duration | Use of the sign is not exempt development later than 14 days after letting or sale of the premises to which sign relates. |
| 6 | Temporary sign | Size | Maximum height 3 m. |
| (a sign announcing a local event—religious, educational, cultural, political, social or recreational) |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
Sign is no higher than building it is mounted on.
Maximum area 3 m2.
| Illumination | Not illuminated. |
| Content | Any sponsor’s names or logos are less prominent than message. |
| Duration | Displayed no earlier than 28 days before an event. |
| Use of the sign is not exempt development later than 14 days after the event. |
| 7 Top hamper sign | Heritage | Not attached to a heritage item or |
| (a sign painted on or | adjacent to a heritage item. |
| attached to the transom of a doorway or display window at the ground floor level of a building) | |
| Not in a conservation area. |
| Siting | Minimum height of 2.6 m above footpath. |
| Usage | Maximum one per premises. |
| Size | Does not extend below the head of the doorway or window to which it is attached. |
| Does not extend more than 0.2 m beyond any building alignment. | |
| Illumination | Not illuminated. |
| 8 Under awning sign | Heritage | Not attached to a heritage item or |
| (a sign that is attached to | adjacent to a heritage item. |
| and hangs below an awning) | |
| Not in a conservation area. |
| Illumination | Not illuminated, except for commercial, mixed use and residential D zones. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | |||||
| Erection and use, or carrying | Requirements | |||||
| out, of any of the following | ||||||
|
Not less than 2.6 m from the ground or footpath.
Maximum length of 2.5 m. Maximum height of 0.5 m.
| 9 | Window sign | Heritage | Not attached to a heritage item or |
| (a sign displayed on a shop | adjacent to a heritage item. | ||
| window) | |||
| Not in a conservation area. | |||
| Illumination | Not illuminated. | ||
| Usage | Maximum one per shop front. | ||
| Siting | Located on ground level facade. | ||
| Size | At least 75% of shop front window remains uncovered. |
| Aerials/Antennae | Heritage | Not attached to a heritage item or |
| (not including satellite | adjacent to a heritage item. | |
| dishes/microwave antennae— dealt with as telecommunications facilities) | ||
| Usage | For domestic use only. | |
| Maximum of one per residential building. | ||
| Size | Maximum height 3 m above roof ridge. | |
| Air conditioning/central | Heritage | Not attached to a heritage item or |
| heating/heat pump units for | on the street elevation in a | |
| residential buildings | conservation area. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |
| Erection and use, or carrying | Requirements | |
| out, of any of the following | ||
|
Not on a street frontage.
Minimum 1.5 m from boundary.
Enclosed in a sound proof
structure to meet noise
requirements.
| Noise | Noise level does not exceed 5dB(A) above ambient background noise level measured at property boundary. |
| Obtain certification for the noise level requirement, from a qualified sound engineer. |
Note. Failure to comply with, and obtain certification for the noise level requirement may result in removal and/or fine.
| Awnings, canopies, shutters, | Heritage | Not attached to a heritage item or |
| storm blinds, vergolas | on the street elevation in a conservation area. | |
| Usage | On residential buildings in residential zones only. | |
| Siting | Located wholly within property boundaries. | |
| On windows only, not on roofs. | ||
| Size | Maximum combined area 10 m2. | |
| Development | Does not exceed building height | |
| standard | plane specified in clause 18. |
Note. Non-structural; capable of ready
removal/retraction; canvas/plastic material or the like
(not corrugated iron).
| Balustrades | Heritage | Not on a heritage item. |
| Not on the front facade in a conservation area. | ||
| Type | Replacement only. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection and use, or carrying | Requirements | ||
| out, of any of the following | |||
| |||
| Barbecues |
|
| (built structures) | area. |
| Siting | Located in rear yard. |
| Minimum 0.9 m from property boundary. | |
| Size | Maximum area 2 m2. Maximum height 1.8 m. |
| Structure | Unroofed. |
| Development | Does not exceed building height |
| standard | plane specified in clause 18. |
| Landscaped area is no less than that required by clause 20. |
| Bed and breakfast | Usage | Involves the use of an existing |
| accommodation | lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes. | |
| No employees other than permanent residents of the dwelling. | ||
| No display or sale of goods from the premises. | ||
| registration of the premises under sections 10–13 of the Shops and | ||
| Would not have required the immediately before their repeal. | ||
| Amenity | No interference with the amenity of the surrounding residents or neighbourhood. | |
| Advertising | No display of advertisements on the premises (other than a notice or sign exhibited on that dwelling to indicate the name and | |
| occupation of the resident). |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |||||
| Erection and use, or carrying | Requirements | |||||
| out, of any of the following | ||||||
|
Has smoke alarms and evacuation
lighting in accordance with The
Housing Provisions of the
Building Code of Australia as
applicable to a Class 1b building.
Has a fire extinguisher and fire blanket in the kitchen.
| Approval | Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where a dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989. |
| Bird aviaries | Foreshore | Not within foreshore building |
| (including poultry) | area. | |
| Usage | Used only for domestic purposes. | |
| Siting | Located in rear yard. | |
| Minimum 0.9 m from boundary. | ||
| Not within 6 m of any habitable room of any dwelling. | ||
| Size | Maximum area 10 m2. Maximum height 1.8 m. | |
| Development | Does not exceed building height | |
| standard | plane specified in clause 18. | |
| Landscaped area is no less than that required by clause 20. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection and use, or carrying | Requirements | ||
| out, of any of the following | |||
| Bushfire hazard reduction |
| ||
| Cabanas, garden sheds, |
|
| gazebos, greenhouses | line. |
| Usage | Not used as a dwelling or habitable room. |
| Siting | Located in rear yard. |
| Minimum 0.9 m from property boundary. | |
| Size | Maximum area 10 m2. Maximum height 2.7 m. |
| Structure | Free-standing. |
| Structurally stable and securely anchored. | |
| Materials | Non-reflective surface finishes. |
| Development | Does not exceed building height |
| standard | plane specified in clause 18. |
| Landscaped area is no less than that required by clause 20. |
Change of use of building:
| 1 | Change of use of one shop to | Type | Previous use was a lawful use. |
| another shop (excluding refreshment rooms or takeaway food shops) | |||
| Usage | Must be a permissible use in the zone. | ||
| Must comply with any condition of consent. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
Existing use rights do not apply.
Obtain a Trade Waste Agreement with Sydney Water Corporation, if the specific use results in the
discharge of trade waste.
| Duration | No extension to hours outside existing approved hours of operation. |
| Size | No change to approved area of premises. |
| Registration | Where the use requires registration under other legislation, registration must be |
| obtained. |
| 2 | Change of use of a | Type | Previous use was a lawful use. |
| refreshment room or takeaway food shop to a shop | |||
| Usage | Must be a permissible use in the zone. | ||
| Must comply with any condition of consent. | |||
| Existing use rights do not apply. | |||
| Obtain a Trade Waste Agreement with Sydney Water Corporation, if the specific use results in the | |||
| discharge of trade waste. | |||
| Duration | No extension to hours outside existing approved hours of operation. | ||
| Size | Floor area not to exceed 200 m2. | ||
| No change to approved area of premises. | |||
| Registration | Where the use requires registration under other legislation, registration must be | ||
| obtained. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
| 3 | Change of use of one | Type | Previous use was a lawful use. |
| refreshment room to another refreshment room | |||
| Usage | Must be a permissible use in the zone. | ||
| Must comply with any condition of consent. | |||
| Existing use rights do not apply. | |||
| Obtain a Trade Waste Agreement with Sydney Water Corporation, if the specific use results in the | |||
| discharge of trade waste. | |||
| Duration | No extension to hours outside existing approved hours of operation. | ||
| Size | Floor area not to exceed 200 m2. | ||
| No change to approved area of premises. | |||
| Registration | Where the use requires registration under other legislation, registration must be | ||
| obtained. | |||
| 4 | Change of use of one type of | Type | Previous use was a lawful use. |
| commercial premises to another type of commercial premises | |||
| Usage | Must be a permissible use in the zone. | ||
| Must comply with any condition of consent. | |||
| Existing use rights do not apply. | |||
| Not in a residential D zone. | |||
| Obtain a Trade Waste Agreement with Sydney Water Corporation, if the specific use results in the | |||
| discharge of trade waste. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |||||
| Erection and use, or carrying | Requirements | |||||
| out, of any of the following | ||||||
|
obtained.
| 5 | Change of use of one type of | Type | Previous use was a lawful use. |
| commercial premises to a shop | |||
| Usage | Must be a permissible use in the zone. | ||
| Must comply with any condition of consent. | |||
| Existing use rights do not apply. | |||
| Obtain a Trade Waste Agreement with Sydney Water Corporation, if the specific use results in the | |||
| discharge of trade waste. | |||
| Duration | No extension to hours outside existing approved hours of operation. | ||
| Size | No change to approved area of premises. | ||
| Registration | Where the use requires registration under other legislation, registration must be | ||
| obtained. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection and use, or carrying | Requirements | ||
| out, of any of the following | |||
| Clothes hoist/lines |
|
Not visible from street or public place.
| Decks/verandahs | Heritage | Not on the site of a heritage item. |
| Behind the building line in a conservation area. | ||
| Siting | Side setbacks minimum 0.9 m from property boundary or match those for existing dwelling, whichever is greater. | |
| Minimum 10 m setback from any adjoining land in the Bushland zone. | ||
| Foreshore | Not within the foreshore building area. | |
| Size | Maximum area 10 m2. | |
| Finished level not greater than 0.5 m above existing ground level. | ||
| Structure | Uncovered. | |
| Materials | Made of timber. | |
| Development | Landscaped area is no less than | |
| standard | that required by clause 20. | |
| Demolition of building/structure: | ||
| 1 Demolition of building | Heritage | Not of a heritage item. |
eg pergolas, sheds, fences,
decks etc
Not of a building in a
conservation area, unless the
building is an uncharacteristic
element in the conservation area.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |
| Erection and use, or carrying | Requirements | |
| out, of any of the following | ||
|
exempt development for the
purpose of this plan.
May involve non-structural demolition associated with decommissioning a building, but
not involving any change to the
external fabric or internal
structure of the building.
May involve stripping of internal, non-structural elements only of a building for maintenance or
repair purposes.
| Works | Provision is made for erosion and sediment control in accordance with the Council’s brochure called Erosion and Sediment Control for Urban Redevelopment. |
| 2 | Demolition of structure | Heritage | Not of a heritage item. |
| Not of a structure in a conservation area, unless the structure is an uncharacteristic element in the conservation area. | |||
| Type | Demolition of a structure the erection of which would be exempt development for the purpose of this plan. | ||
| Size | Maximum area of structure 25 m2. | ||
| Works | Demolition carried out in accordance with Australian Standard AS 2601—2001, Demolition of structures. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
| Display of goods on the footpath Usage | Used in conjunction with an existing shop for which consent has been granted in an area that is zoned commercial, mixed use or residential D. |
| Permit must be obtained from the Council. | |
| Must not involve any live or recorded entertainment including music, broadcast programs, flashing lights or the like. | |
| Must not include sandwich boards or any other form of advertising placed on the ground. |
| Location | Area is immediately adjoining the shop front and does not obstruct access to this or to adjacent shops. |
| Siting | A minimum of 1.8 m of footpath, immediately adjacent to the roadway, remains clear of goods. |
| Size | Area is no greater than 5 m2. |
| Structure | Goods are displayed at ground level or on stable, temporary structures no higher than 1.5 m. |
| Goods are not stacked. No construction work involved. No permanent structures. | |
| Advertising | No signs or advertising displayed on footpath. |
| All goods, materials and equipment are temporary and removed from the footpath at close of business. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | ||||
| Erection and use, or carrying | Requirements | ||||
| out, of any of the following | |||||
| Driveways and pathways |
|
Does not require new gutter
crossing, or new opening in front
boundary fence.
| Structure | Not elevated or suspended above existing ground level. |
| Replacement only. | |
| Drainage | Does not increase rate or concentration of stormwater run-off to neighbouring properties. |
| Development | Landscaped area is no less than |
| standard | that required by clause 20. |
| Fences: | Heritage | Not on the site of a heritage item |
| (other than fences required to | or adjacent to a heritage item. | |
| be erected by the Swimming Pools Act 1992) | ||
| Not forward of the front building line on a site in a conservation area. | ||
| Foreshore | Not within foreshore building area. | |
| 1 Boundary fences: (a) Front and side | Materials | Constructed of timber, metal or |
| (between the building line | lightweight materials. |
| and street or any other public place) |
| Size | Maximum height 1 m. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection and use, or carrying | Requirements | ||
| out, of any of the following | |||
| (b) Side |
|
| (between the building line | lightweight materials. |
| and the rear boundary) and rear |
| Size | Maximum height 1.8 m. |
| 2 | Masonry or brick fences | Size | Maximum height 0.9 m. |
| Structure | Constructed in accordance with relevant Australian Standards. |
| Fire upgrading of a building | Heritage | Not in relation to a heritage item. |
| Type | Does not involve structural alterations or changes to the external configuration of the building. | |
| Must obtain certification from a grade 1 or 2 Accredited Certifier that works have been completed in accordance with Building Code of Australia fire safety | ||
| requirements. | ||
| Work | Work to be carried out in compliance with the requirements of an order of the Council or as an approved voluntary fire safety upgrade. |
Note. Approval for a voluntary fire safety upgrade requires a letter of approval from the Council.
| Home occupations | Usage No employees other than |
permanent residents of the
dwelling or dwelling-house.
No display or sale of goods from the premises.
Not restricted premises.
Would not have required the immediately before their repeal.
registration of the premises under
sections 10–13 of the Shops and
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |||
| Erection and use, or carrying | Requirements | |||
| out, of any of the following | ||||
|
occupation of the resident).
Note. Owners corporation (body corporate) approval is required for home occupation in a unit or flat.
| Letterbox | Usage | Designed for use and used in conjunction with residential premises. | |||||
| Not more than 2 letterboxes per site. | |||||||
| Size | Maximum height 1.2 m above ground level. | ||||||
| Structure | Structurally stable with adequate footings. | ||||||
| Numbering | Recognised numbering visible from street alignment. | ||||||
| Maintenance to heritage items | Heritage | On the site of a heritage item or in | |||||
| and/or properties within a | a conservation area: | ||||||
| conservation area |
| ||||||
| No impact on heritage significance. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | |
| Erection and use, or carrying | Requirements | |
| out, of any of the following | ||
|
Replacement of guttering,
handrails, steps, fences, roofs
(excluding skylights), driveways,
doors, windows and gates and the
like.
Repointing.
No change to windows and door openings.
No change to roof configuration.
Contributes to conservation of the
building.
| Size | No change in dimensions of building or its elements. |
| No additional structures. | |
| Materials | Replacing existing materials with the same materials. |
| Replacing with materials that would originally have been used subject to engineers certification that roof structure can carry the load. | |
| Replacement windows and doors match existing original windows and doors. |
| Minor external alterations: | Heritage | Not to a heritage item. Not in a conservation area. |
| Type | Attached fittings, bagging, maintenance, painting, rendering and repair, or the like. |
| 1 | Re-cladding of roofs or walls Heritage | Not carried out on a heritage item or adjacent to a heritage item. |
| Not in a conservation area. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |
| Erection and use, or carrying | Requirements | |
| out, of any of the following | ||
|
Does not involve structural alterations or change to the external configuration of the
building.
| 2 Replacement of windows, | Heritage | Not involving a heritage item or |
| glazed areas, external doors | on the street elevation in a conservation area. |
| Size | Does not reduce or increase light and ventilation. |
| Does not change opacity. | |
| Materials | Replacement in residential premises with materials that comply with Australian Standards. |
Minor internal alterations:
| 1 | Residential premises | Type | Non-structural work. | |||
| Renovation of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes. | ||||||
| Replacement of: | ||||||
| ||||||
| with materials of equal or improved specifications. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
Does not involve structural
changes to the internal layout of
the dwelling or removal of load
bearing wall.
Painting undertaken on existing
painted surfaces.
| 2 | Non-residential premises | Heritage | Not to a heritage item. |
| Type | Non load-bearing work such as shelving, displays, benches, partitions. | ||
| Building has a current fire safety measures schedule. | |||
| Work | Complies with fire safety requirements of the Building Code of Australia. | ||
| Does not involve, alter or interfere with the performance of any fire safety measure identified in the current fire safety measures schedule. | |||
| Usage | Complies with NSW food safety standards. | ||
| Not a take-away food shop or drive-in take-away food shop. | |||
| Size | Does not increase floor space. |
| Outdoor dining | Usage | Used in conjunction with an existing refreshment room for which consent has been granted in an area that is zoned commercial, mixed use or residential D. |
| Permit must be obtained from the Council. | ||
| Does not involve any live or recorded entertainment including music, broadcast programs, flashing lights, or the like. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |
| Erection and use, or carrying | Requirements | |
| out, of any of the following | ||
|
adjacent shops.
| Siting | A minimum of 1.8 m between the seating and roadway remains clear of seating. |
| Size | No greater than 5 m2. |
| Structure | Except where approved by the Council, does not use any permanent structures to delineate the area to be used for the accommodation of diners or for the display of goods. |
| Where approved by the Council, uses removable screens or removable planter boxes, no higher than 0.5 m, to delineate the outdoor area. | |
| Amenity | All materials and equipment are temporary and are removed from the footpath at close of business. |
| No construction work involved. | |
| Advertising | No signs or advertising displayed on the footpath. |
| Display only the name or logo of the establishment on furniture and equipment. | |
| Do not display any general advertising. | |
| Do not place sandwich boards on the footpath. | |
| Umbrellas | Subject to approval under existing permit, installation of up to 3 separate umbrellas. |
| Maximum diameter of 1 m. |
Note. Private use on public land is subject to licence agreement with the Council and issue of permit.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection and use, or carrying | Requirements | ||
| out, of any of the following | |||
| Park and street furniture, and |
|
| engineering works undertaken | with the Council’s conservation |
| by the Council only on public | planner when involving a heritage |
| land | item or property within a |
| (seats, bins, picnic tables, minor | conservation area. |
| shelters, bollards, seawalls, fences and the like, not including bus shelters) |
| Location | Located on land under control of the Council. |
| Siting | Does not affect sight lines or restrict pedestrian movement. |
| Structure | Structurally stable and securely anchored. |
| Consultation | Is included in a plan that has been subject to public consultation and approved by the Council |
| resolution eg streetscape project, public domain strategy, public works program. |
| Patio/paving | Heritage | Not on the site of a heritage item. |
| (for use incidental to the use of a dwelling) | ||
| Not forward of the front building line on a site in a conservation area. | ||
| Siting | At existing ground level. | |
| Size | Maximum combined area 20 m2 for site. | |
| Soft landscaping is at least 80% of total landscaped area of the site. | ||
| Drainage | No entry of water into a building. | |
| No increase in rate or concentration of stormwater run-off from the site. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 | |||
| Erection and use, or carrying | Requirements | |||
| out, of any of the following | ||||
| ||||
| Pergola |
|
| (not vergola or the like) | or on the street elevation in a conservation area. |
| Type | Not roofed or enclosed. |
| Siting | Minimum 0.9 m from property boundary. |
| Size | Maximum area 20 m2. Maximum height 2.4 m. |
| Structure | Structurally stable and securely anchored. |
| Development | Landscaped area is no less than |
| standard | that required by clause 20. |
Playground equipment, cubby
houses etc:
| 1 | If for residential use only | Siting | Minimum 0.9 m from side property boundaries. |
| Rear yard only. | |||
| Size | Maximum height 2.1 m. Maximum area 10 m2. | ||
| Structure | Structurally stable and securely anchored. | ||
| Development | Landscaped area is no less than | ||
| standard | that required by clause 20. | ||
| 2 | If for non-residential use eg | Type | Not for commercial use. |
| child care, schools | |||
| Siting | Minimum 3 m from side and rear property boundaries. | ||
| Size | Maximum height 2.1 m. | ||
| Structure | Structurally stable and securely anchored. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection and use, or carrying | Requirements | ||
| out, of any of the following | |||
| 3 On community land |
|
| (as defined by the Local | only. |
| Government Act 1993) |
| Consultation | Works have been subjected to a public participation process ie public consultation, have been approved by the Council and included in Capital Works Budget. |
| Ponds, fountains, water features Size | Maximum height 1.8 m. |
| Structure | Freestanding or on a masonry or brick structure. |
| Not on boundary fence. Not attached to wooden fence. |
| Retaining walls | Foreshore | Not within the foreshore building area. |
| Usage | Does not restrict or alter stormwater drainage. | |
| Size | Maximum height 0.5 m from existing ground level. | |
| Structure | Masonry and timber walls to comply with relevant Australian Standards. | |
| Skylight/rooflight/air vent | Heritage | Not attached to a heritage item. |
| Not on the front facade of a building in a conservation area. | ||
| Usage | Not more than one installation per 25 m2 of roof area. | |
| Siting | Minimum 0.9 m from property boundary. | |
| Minimum 0.9 m from any common wall between attached dwellings. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
Minimum 1.8 m from any rooflight in another building on the lot or in a detached part of the same building.
| Size | Maximum area of skylight not to exceed 20% of the roof plane on which it is located. |
| Solar water heater | Heritage | Not attached to a heritage item. |
| (attached to a residential building) | ||
| Foreshore | Not within the foreshore building area. | |
| Siting | Located on rear of property. | |
| Not visible from street, foreshores or reserves. | ||
| Structure | Installation must be flush with a roof alignment. |
| Telecommunications facilities | Refer to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth under the Telecommunications Act 1997 of the Commonwealth. | ||
| Temporary structures on roads |
|
| and open space | public market, gala, exhibition, entertainment or festival for which a permit has been issued by the Council. |
| Roads | Road lawfully closed for event. |
| Only on roads adjoining land in the commercial, mixed use or residential D zone. | |
| Location | Does not obstruct pedestrian access to shops or other premises. |
| Does not obstruct footpaths. | |
| Structure | Erected no more than 12 hours before event. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Column 1 | Column 2 |
| Erection and use, or carrying | Requirements |
| out, of any of the following |
No disturbance to road or ground surface, or street furniture.
Maximum height 3 m.
| Removal | All temporary structures, goods and litter removed within 12 hours after the end of the event. |
| No temporary structure to remain in place longer than 24 hours. | |
| Goods | Goods are displayed at ground |
| display | level or on stable, temporary structures no higher than 1.5 m. |
| Consultation | Is included in a plan that has been subject to public consultation and approved by the Council |
| resolution eg streetscape project, public domain strategy, public works program. |
| Water heaters | Siting | At ground level. |
| (excluding solar systems, which are dealt with separately in this table) | ||
| Behind building line. | ||
| Energy | A Greenhouse Score of 4 or greater. |
| Water tanks | Refer to State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development: clause 16. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
[24] Schedule 7
Omit the Schedule. Insert instead:
|
(Clause 13)
Note. State Environmental Planning Policy No 10—Retention of Low-Cost Rental Accommodation, Clause 5 restricts the application of complying development in relation to low-cost rental accommodation.
Section 76A (6) of the Act states that complying development is not available in the case of:
| (a) | designated development, or |
| (b) | development that requires the concurrence of a person other than the consent authority, or the Director-General of the Department of Environment and Conservation, or |
| (c) | land that is critical habitat or a wilderness area, or |
| (d) | a heritage item subject to an interim heritage order or listed in an LEP or other planning instrument, or |
| (e) | land that is an environmentally sensitive area. |
Clause 13 of this plan states:
| (1) | Subject to the provisions of the Act, development is complying development if it is development which: | |||||||||
| ||||||||||
| (2) | A complying development certificate issued for any such development is subject to the conditions specified in Schedule 8. | |||||||||
| (3) | A complying development certificate that relates to the erection of builders’ sheds or portable facilities must: | |||||||||
|
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Part 1 | Single storey dwellings—not in conservation areas |
Requirements
All building work complies with the “deemed-to-satisfy” provisions of the
Building Code of Australia.
Development does not contravene any valid consents that are applicable to the
relevant site.
Complies with residential controls in this plan and North Sydney Development
Control Plan 2002 that is, with provisions regulating building height, building
height plane, landscaped area and lot size.
Maximum building height of 5.5 m.
Common controls
Controls—Acoustic privacy for residents
Noise levels within dwellings, with windows closed, do not exceed the following:
| (a) | recreation/work areas—40dB(A), |
| (b) | sleeping areas—35dB(A). |
Controls—Attics
No attic rooms.
Controls—Car parking
Do not provide underground parking for detached dwellings.
Carparking does not exceed the maximum requirements in North Sydney
Development Control Plan 2002.
Controls—Decks
No decks or balconies above ground floor level.
Controls—Dormers
No new or enlarged dormers.
Controls—Fences
Do not build front fences higher than 1 m. brushwood) higher than 0.9 m.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
Controls—Foreshore
Not within the foreshore building line or on foreshore.
Controls—Form, massing and scale
Finish the height of the ceiling of the ground floor no higher than 3.4 m
(measured vertically at any point above existing ground level).
Controls—Landscaped area
North Sydney
Provide landscaped area in accordance with clause 20 and than 10 m, or a girth greater than 1.5 m measured 1 m above the base of the tree.
Development Control Plan 2002.
Provide a minimum of 80% of the landscaped area as soft landscaped elements
such as gardens, lawns, shrubs and trees.
Finish the level of landscaped area to within 0.5 m of existing ground level.
Do not contravene the Council’s Tree Preservation Order.
Controls—Laneways
Where a laneway is the principal frontage address dwelling to the lane, do not alignment and landscape the setback with appropriate low maintenance plants.
conceal the front facade behind high walls, fences or garages.
Do not cover more than 50% of the width of the laneway frontage with car
spaces of any kind, or car park entrances.
Where a property has a frontage less than 7.5 m, do not provide more than one
car space.
Controls—Overshadowing
No increase in overshadowing to principal area of ground level private open space, habitable rooms or solar panels of any adjoining properties, between the hours of 9 am and 3 pm on 21 June.
Controls—Privacy
If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed dwelling:
| (a) | is offset from the edge of one window to the edge of the other by a distance of at least 0.5 m to limit views into the adjacent window, or |
| (b) | has sill heights of at least 1.5 m above floor level, or |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| (c) | has fixed obscure glazing in any part of the window below 1.5 m above floor level, or |
| (d) | provides a fence at least 1.8 m high between the buildings. |
Controls—Properties adjoining bushland
Not adjacent to bushland (consult zoning map for properties with a boundary to bushland).
Controls—Roofs
Must have a pitched roof. dwelling.
Maximum roof pitch of 36 degrees.
Minimum roof pitch of 26 degrees for a roof visible from any public place.
Minimum roof pitch of 14 degrees for a roof not visible from any public place.
Controls—Setbacks
All building work is set back behind the front building line. (The front building line being the line projected between the principal facades of the buildings on adjoining properties.)
All building work is set back by an average of the setback of the dwellings on land either side of the subject property, from the side and rear boundaries of the property, or a minimum of 0.9 m, whichever is the greater.
The eaves and roof gutter of any structure are a minimum distance, from the boundary, of 0.675 m.
Controls—Topography
Finish all ground levels no greater than 0.5 m from existing ground levels. smaller scale gardens.
Locate all habitable rooms (does not include bathrooms, laundries and
storerooms) above the existing ground level.
Do not remove or cover rock outcrops, overhangs, boulders, sandstone
platforms or sandstone retaining walls.
Do not excavate closer than 1 m to any boundary.
No excavation, footings or foundations within 1 m of any boundary.
Controls—Water and soil management
The land surrounding any structure is graded and drained to divert surface water to the street and clear of existing and proposed structures and adjoining premises (and does not require pumpouts, charged lines or on-site disposal).
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
No construction over any registered easement without the approval of the owners corporation (body corporate) or relevant land owner benefiting from the easement.
No structure is constructed within 1 m of a sewer or water main without the prior approval of the relevant service authority, or relevant land owner, and must be in accordance with Sydney Water Corporation’s policy relating to building over or adjacent to sewers.
The development must comply with an erosion and sediment control plan that contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with the Council’s brochure called Erosion and Sediment Control for Urban Development. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the brochure called Preparing an Erosion and Sediment Control Plan available from the Council.
Minimum requirements in relation to the erosion and sediment control plan
are:
| (a) | providing a single stabilised entry/exit point for site access, and |
| (b) | diverting run-off away from disturbed areas and stockpiles towards stabilised areas using banks or channels, and |
| (c) | sediment fences being installed downslope to treat site run-off, and |
| (d) | gutter protection being used only as a precautionary measure if there is a risk of untreated run-off entering the waterways, and |
| (e) | building material stockpiles being located and managed in accordance with the guidelines, and |
| (f) | as soon as the roof is complete, temporary or permanent downpipes being installed for roof water drainage, and |
| (g) | dust minimisation in accordance with the guidelines. |
Controls—Views
Do not obstruct views from streets and other public places, as identified in the character statement in North Sydney Development Control Plan 2002.
Development categories
Construction of detached, single storey dwelling without attic rooms: additional controls
Controls—Building height
Must comply with the requirements of clause 17 concerning building heights.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
Controls—Energy efficiency
Dwelling achieves a minimum 4 Star Rating when assessed in accordance with nationally accredited National House Energy Rating Scheme (NatHERS).
Controls—Lot frontage
Lot must have a minimum street frontage of 10 m.
Controls—Maintaining residential accommodation
There is no loss of residential accommodation on the site.
Controls—Streetscape
The street elevation of dwellings have:
| (a) | a front door and window of a habitable room facing the street, and |
| (b) | a maximum unarticulated length of no more than 6 m elevation facing the public street. |
Alterations and additions to a dwelling house: additional controls
Controls—Colours and materials
Match the design of the main dwelling by having the same or similar roof form, materials, colours and detailing.
| Part 2 | Single storey dwellings—in conservation areas |
Requirements
All building work complies with the “deemed-to-satisfy” provisions of the relevant site.
Building Code of Australia.
Development category
Alterations and additions behind the rear building line, not visible from a public place
Controls—Acoustic privacy for residents
Noise levels within dwellings, with windows closed, do not exceed the following:
| (a) | recreation/work areas—40dB(A), |
| (b) | sleeping areas—35dB(A). |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
Controls—Attics
No attic rooms.
Controls—Car parking
Do not provide underground parking for detached dwellings.
Car parking does not exceed the maximum requirements in North Sydney
Development Control Plan 2002.
Controls—Decks
No decks or balconies above ground floor level.
Controls—Dormers
No new or enlarged dormers.
Controls—Foreshore
Not within the foreshore building line or on foreshore.
Controls—Heritage, gardens and plantings
No removal of trees, garden designs or plantings of heritage significance.
Controls—Landscaped area
| Development Control Plan 2002. Provide a minimum of 80% of the landscaped area as soft landscaped elements such as gardens, lawns, shrubs and trees. Finish the level of landscaped area to within 0.5 m of existing ground level. Do not contravene the Council’s Tree Preservation Order. | Provide landscaped area in accordance with clause 20 and North Sydney than 10 m, or a girth greater than 1.5 m measured 1 m above the base of the tree. |
| Controls—Laneways | |
| conceal the front facade behind high walls, fences or garages. Do not cover more than 50% of the width of the laneway frontage with car spaces of any kind, or car park entrances. Where a property has a frontage less than 7.5 m, do not provide more than one car space. | |
| Where a laneway is the principal frontage address dwelling to the lane, do not alignment and landscape the setback with appropriate low maintenance plants. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
Controls—Overshadowing
No increase in overshadowing to principal area of ground level private open space, habitable rooms or solar panels of any adjoining properties, between the hours of 9 am and 3 pm on 21 June.
Controls—Privacy
If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed dwelling:
| (a) | is offset from the edge of one window to the edge of the other by a distance of at least 0.5 m to limit views into the adjacent window, or |
| (b) | has sill heights of at least 1.5 m above floor level, or |
| (c) | has fixed obscure glazing in any part of the window below 1.5 m above floor level, or |
| (d) | provide a fence at least 1.8 m high between the buildings. |
Controls—Properties adjoining bushland
Not adjacent to bushland (consult zoning map for properties with a boundary to bushland).
Controls—Roofs
Maximum roof pitch of 36 degrees. dwelling.
Minimum roof pitch of 26 degrees for a roof visible from any public place.
Minimum roof pitch of 14 degrees for a roof not visible from any public place.
Controls—Set backs
All building work is set back by an average of the setback of the dwellings on land either side of the subject property, from the side and rear boundaries of the property, or a minimum of 0.9 m, whichever is the greater.
The eaves and roof gutter of any structure are a minimum distance, from the boundary, of 0.675 m.
Controls—Topography
Finish all ground levels no greater than 0.5 m from existing ground levels.
Locate all habitable rooms (does not include bathrooms, laundries and
storerooms) above the existing ground level.
Do not remove or cover rock outcrops, overhangs, boulders, sandstone
platforms or sandstone retaining walls.
Do not excavate closer than 1 m to any boundary.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
No excavation, footings or foundations within 1 m of any boundary. smaller scale gardens.
Controls—Water and soil management
The land surrounding any structure is graded and drained to divert surface water to the street and clear of existing and proposed structures and adjoining premises (and does not require pumpouts, charged lines or on-site disposal).
No construction over any registered easement without the approval of the owners corporation (body corporate) or relevant land owner benefiting from the easement.
No structure is constructed within 1 m of a sewer or water main without the prior approval of the relevant service authority, or relevant land owner, and must be in accordance with Sydney Water Corporation’s policy relating to building over or adjacent to sewers.
The development must comply with an erosion and sediment control plan that contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with the Council’s brochure called Erosion and Sediment Control for Urban Development. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the brochure called Preparing an Erosion and Sediment Control Plan available from the Council.
Minimum requirements in relation to the erosion and sediment control plan
are:
| (a) | providing a single stabilised entry/exit point for site access, and |
| (b) | diverting run-off away from disturbed areas and stockpiles towards stabilised areas using banks or channels, and |
| (c) | sediment fences being installed downslope to treat site run-off, and |
| (d) | gutter protection being used only as a precautionary measure if there is a risk of untreated run-off entering the waterways, and |
| (e) | building material stockpiles being located and managed in accordance with the guidelines, and |
| (f) | as soon as the roof is complete, temporary or permanent downpipes being installed for roof water drainage, and |
| (g) | dust minimisation in accordance with the guidelines. |
Controls—Views
Do not obstruct views from streets and other public places, as identified in the character statement in North Sydney Development Control Plan 2002.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Part 3 | Attached dwellings and apartment buildings |
Requirements
All building work complies with the “deemed-to-satisfy” provisions of the
Building Code of Australia.
Development must not contravene any valid consents that are applicable to the
relevant site.
Relevant owners corporation approval has been obtained.
Common controls
Controls—Acoustic privacy for residents
Noise levels within dwellings, with windows closed, do not exceed the following:
| (a) | recreation/work areas—40dB(A), |
| (b) | sleeping areas—35dB(A). |
Controls—Attics
No attic rooms.
Controls—Car parking
Provide all parking associated with attached dwelling developments and
apartment buildings underground.
Car parking does not exceed the maximum requirements in North Sydney
Development Control Plan 2002.
Controls—Colours and materials
Alterations, additions and outbuildings visible from a public place match the design of the main dwelling through roof form, materials, colours and detailing.
Controls—Decks
No decks or balconies above ground floor level.
Controls—Density
No increase or reduction in the number of dwellings.
Controls—Dormers
No new or enlarged dormers.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
Controls—Fences
Do not build front fences higher than 1 m. brushwood) higher than 0.9 m.
Controls—Foreshore
Not within the foreshore building line or on foreshore.
Controls—Form, massing and scale
Finish the height of the ceiling of the ground floor no higher than 3.4 m
(measured vertically at any point above existing ground level).
Controls—Landscaped area
North Sydney
Provide landscaped area in accordance with clause 20 and than 10 m, or a girth greater than 1.5 m measured 1 m above the base of the tree.
Development Control Plan 2002.
Provide a minimum of 80% of the landscaped area as soft landscaped elements
such as gardens, lawns, shrubs and trees.
Finish the level of landscaped area to within 0.5 m of existing ground level.
Do not contravene the Council’s Tree Preservation Order.
Controls—Laneways
Where a laneway is the principal frontage address dwelling to the lane, do not alignment and landscape the setback with appropriate low maintenance plants.
conceal the front facade behind high walls, fences or garages.
Do not cover more than 50% of the width of the laneway frontage with car
spaces of any kind, or car park entrances.
Where a property has a frontage less than 7.5 m, do not provide more than one
car space.
Controls—Overshadowing
No increase in overshadowing to principal area of ground level private open space, habitable rooms or solar panels of any adjoining properties, between the hours of 9 am and 3 pm on 21 June.
Controls—Privacy
Skylights are a minimum of 1.5 m above the floor level.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
If a window will have a direct outlook to the windows of habitable rooms of an adjacent dwelling, the window in the proposed dwelling:
| (a) | is offset from the edge of one window to the edge of the other by a distance of at least 0.5 m to limit views into the adjacent window, or |
| (b) | has sill heights of at least 1.5 m above floor level, or |
| (c) | has fixed obscure glazing in any part of the window below 1.5 m above floor level. |
Controls—Properties adjoining bushland
Not adjacent to bushland (consult zoning map for properties with a boundary to bushland).
Controls—Roofs
Maximum roof pitch of 36 degrees. dwelling.
Minimum roof pitch of 26 degrees for a roof visible from any public place.
Minimum roof pitch of 14 degrees for a roof not visible from any public place.
Controls—Set backs
All building work is set back behind the front building line. (The front building line is defined as the line projected between the principal facades of the buildings on adjoining properties.)
All building work is set back by an average of the set back of the dwellings on land either side of the subject property, from the side and rear boundaries of the property, or minimum 0.9 m, whichever is the greater.
The eaves and roof gutter of any structure are a minimum distance, from the boundary, of 0.675 m.
Controls—Topography
No building above the ground level, within 1.5 m of any boundary. No excavation, footings or foundations within 1 m of any boundary.
Controls—Water and soil management
The land surrounding any structure is graded and drained to divert surface water to the street and clear of existing and proposed structures and adjoining premises (and does not require pumpouts, charged lines or on-site disposal).
No construction over any registered easement without the approval of the owners corporation (body corporate) or relevant land owner benefiting from the easement.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
No structure is constructed within 1 m of a sewer or water main without the prior approval of the relevant service authority, or relevant land owner, and must be in accordance with Sydney Water Corporation’s policy relating to building over or adjacent to sewers.
The development must comply with an erosion and sediment control plan that contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with the Council’s brochure called Erosion and Sediment Control for Urban Development. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the brochure called Preparing an Erosion and Sediment Control Plan available from the Council.
Minimum requirements in relation to the erosion and sediment control plan
are:
| (a) | providing a single stabilised entry/exit point for site access, and |
| (b) | diverting run-off away from disturbed areas and stockpiles towards stabilised areas using banks or channels, and |
| (c) | sediment fences being installed downslope to treat site run-off, and |
| (d) | gutter protection being used only as a precautionary measure if there is a risk of untreated run-off entering the waterways, and |
| (e) | building material stockpiles being located and managed in accordance with the guidelines, and |
| (f) | as soon as the roof is complete, temporary or permanent downpipes being installed for roof water drainage, and |
| (g) | dust minimisation in accordance with the guidelines. |
Controls—Views
Do not obstruct views from streets and other public places, as identified in the character statement in North Sydney Development Control Plan 2002.
Development categories
Minor alterations and additions to attached dwellings or apartment buildings—not in conservation areas
Minor alterations and additions to attached dwellings or apartment buildings—in conservation areas: additional controls
Controls—Heritage, gardens and plantings
No removal of trees, garden designs or plantings of heritage significance.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Part 4 | Fitout to alter a shop to a refreshment room or take away food shop |
Requirements
All building work complies with the “deemed-to-satisfy” provisions of the discharge.
Building Code of Australia.
Development must not contravene any valid consents that are applicable to the
relevant site.
Development consent has been granted for change of use.
Complies with relevant Australian Standards for disabled access and the
Disability Discrimination Act 1992 of the Commonwealth.
Development category
Minor alterations and internal fit out work to alter a shop to a refreshment room or take away food shop that does not change the building classification of the premises under the Building Code of Australia: additional controls
Controls—Compliance With North Sydney Council Food
Premises Code, NSW Food Safety Standards and Protection of the
Environment Operations Act 1997
All aspects of the food handling areas, waste storage areas and internal shop layout comply with the North Sydney Food Premises Code, as adopted by the Council in July 1995, Council’s Garbage Bay Code and any relevant Australian Standards.
Protection of the specific use results in the discharge of trade waste.
Noise, air, waste and water emissions comply with the
Environment Operations Act 1997 and the regulations under that Act.
Controls—Floor space
No change in the gross floor area.
Maximum of 20 seats.
All proposed building work is within the existing approved envelope of the
premises.
No change to external walls.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Part 5 | Land subdivision—not in conservation areas |
Requirements
All building work complies with the “deemed-to-satisfy” provisions of the with this plan.
Building Code of Australia.
Development must not contravene any valid consents that are applicable to the
relevant site.
Development categories
Subdivision
Subdivision for the purpose of:
| (a) | correcting an encroachment on a lot, or |
| (b) | boundary adjustments that do not create a different number of lots: additional controls. |
Controls—Landscaped area
Provide landscaped area in accordance with clause 20 and North Sydney
Development Control Plan 2002.
Controls—Lot frontage
Must maintain existing, or comply with the requirements for new, lot frontage and access from a public road in accordance with this plan.
| Part 6 | Construction of garages/carports—not in conservation areas |
Requirements
All building work complies with the “deemed-to-satisfy” provisions of the
Building Code of Australia.
Development must not contravene any valid consents that are applicable to the
relevant site.
Relevant owners corporation approval has been obtained.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
Development categories
Construction of garages/carports associated with a dwelling house
Controls—Building height
Maximum building height 3 m.
Does not exceed the building height plane specified in clause 18.
Controls—Dwellings
No habitable rooms.
Controls—Properties adjoining bushland
Not adjacent to bushland (consult zoning map for properties with a boundary to bushland).
Controls—Site access and circulation
No new gutter or footpath crossing is to be created. materials or are graded to provide for on-site stormwater management.
No alteration to existing front fence.
The finished level of the driveway is within a maximum of 0.25 m from
existing ground level.
Driveways are a minimum of 0.5 m from the side boundary.
Driveways are a minimum of 0.5 m clear of all drainage structures on the kerb
and gutter and do not interfere with the existing public utility infrastructure,
including the Council drainage structures, unless prior approval is obtained
from the relevant authority.
Driveways are a minimum distance of 6 m from a road intersection.
Car parking does not exceed the maximum requirements in North Sydney
Development Control Plan 2002.
Controls—Size
1 car space only.
Maximum area 20 m2.
Controls—Streetscape
Carports and garages that are visible from a public place:
| (a) | face the public street or access way to which they provide access, |
| (b) | are set back behind the front building line of the building, |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| (c) | complement the design of the associated dwelling by having the same or similar roof form, materials, colours and detailing. |
Controls—Topography
Finish all ground levels no greater than 0.5 m from existing ground levels. smaller scale gardens.
Do not remove or cover rock outcrops, overhangs, boulders, sandstone
platforms or sandstone retaining walls.
Controls—Water and soil management
The land surrounding any structure is graded and drained to divert surface water to the street and clear of existing and proposed structures and adjoining premises (and does not require pumpouts, charged lines or on-site disposal).
No construction over any registered easement without the approval of the owners corporation (body corporate) or relevant land owner benefiting from the easement.
No structure is constructed within 1 m of a sewer or water main without the prior approval of the relevant service authority, or relevant land owner, and must be in accordance with Sydney Water Corporation’s policy relating to building over or adjacent to sewers.
The development must comply with an erosion and sediment control plan that contains measures as to how erosion will be controlled and sediments trapped on building sites, in accordance with the Council’s brochure called Erosion and Sediment Control for Urban Development. The plan must accord with the guidelines for preparing an erosion and sediment control plan found in the brochure called Preparing an Erosion and Sediment Control Plan available from the Council.
Minimum requirements in relation to the erosion and sediment control plan
are:
| (a) | providing a single stabilised entry/exit point for site access, and |
| (b) | diverting run-off away from disturbed areas and stockpiles towards stabilised areas using banks or channels, and |
| (c) | sediment fences being installed downslope to treat site run-off, and |
| (d) | gutter protection being used only as a precautionary measure if there is a risk of untreated run-off entering the waterways, and |
| (e) | building material stockpiles being located and managed in accordance with the guidelines, and |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| (f) | as soon as the roof is complete, temporary or permanent downpipes being installed for roof water drainage, and |
| (g) | dust minimisation in accordance with the guidelines. |
Controls—Views
Do not obstruct views from streets and other public places, as identified in the character statement in North Sydney Development Control Plan 2002.
[25] Schedule 8
Omit the Schedule. Insert instead:
|
(Clause 13)
| Part 1 | Conditions prior to works commencing |
1 Conditions that apply before work begins
|
| (a) | notify the Council of the name, address, phone number and licence number of the builder, and |
| (b) | erect a sign at the front of the property with the builder’s name, licence number, site address, consent number and contact telephone number, and |
| (c) | provide a temporary on-site toilet or access to an existing toilet on site, and |
| (d) | protect and support any neighbouring buildings that might be affected by the proposed development, and |
| (e) | protect any public place from obstruction or inconvenience caused by the carrying out of the proposed development, and |
| (f) | set up barriers sufficient to prevent any substance from the site falling onto a public place. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
2 Approved plans on site
A copy of all approved certified plans, specifications and documents incorporating conditions of certification must be kept on site at all times so as to be readily available for perusal by any officer of the Council or the Principal Certifying Authority.
3 Building Code of Australia
All building work must be carried out in accordance with the “deemed-to-satisfy” provisions of the Building Code of Australia.
4 Home Building Act 1989
|
| (a) | in the case of work to be done by a licensee under that Act: | |||
| ||||
| (b) | in the case of work to be done by any other person: | |||
|
and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.
Note. The amount referred to in paragraph (b) (ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Schedule was gazetted, that amount was $5,000 (inclusive of GST). As those regulations are amended from time to time, that amount may vary.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| (2) | A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part. |
5 Excavation/demolition
|
6 Retaining walls and drainage
If the soil conditions require it:
| (a) | retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and |
| (b) | adequate provision must be made for drainage. |
7 Support for neighbouring buildings
|
| (a) | must preserve and protect the building from damage, and |
| (b) | if necessary, must underpin and support the building in a manner approved by the Council, and |
| (c) | must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining lot of land, give notice of intention to do so to the owner of the adjoining lot of land and furnish particulars of the excavation to the owner of the building being erected or demolished. |
| (2) | In this clause, lot of land includes a public road and any other public place. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
8 Protection of public places
|
| (a) | is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or hindered, or |
| (b) | involves the enclosure of a public place or any part of a public place, |
a hoarding or fence must be erected between the work site and the
public place.
| (2) | If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. |
| (3) | The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. |
| (4) | Any such hoarding, fence or awning is to be removed when the work has been completed. |
9 Site sign
|
| (a) | stating that unauthorised entry to the work site is prohibited, and |
| (b) | showing the name of the owner of the premises and of the person in charge of the work site, and a telephone number at which that person may be contacted outside working hours. |
| (2) | Any such sign is to be removed when the work has been completed. | |||
| (3) | This clause does not apply to: | |||
|
10 Toilets
|
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| (2) | Each toilet provided: | |||
|
(i) to a public sewer, or
(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or
(iii) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.
| (3) | The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. |
| (4) | In this clause: accredited sewage management facility means a sewage management facility to which Subdivision 5 of Division 4 of Part 2 of the Local Government (General) Regulation 2005 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 41 of that Regulation. approved by the Council, in relation to a sewage management facility, means a sewage management facility the subject of an approval in force under Subdivision 3 of Division 4 of Part 2 of the Local Government (General) Regulation 2005. public sewer has the same meaning as it has in clause 3 (1) of the Local Government (General) Regulation 2005. sewage management facility has the same meaning as it has in clause 3 (1) of the Local Government (General) Regulation 2005. |
11 Fire safety
|
| (a) | must, on completion of any building work, ensure that the fire protection and structural capacity of the building will be appropriate to the proposed use, and |
| (b) | must comply with such of the Category 1 fire safety provisions applicable to the proposed use. |
| (2) | A building in respect of which building work involving the alteration, enlargement or extension of an existing building, where no change of building use is proposed, must, on completion of the building work, ensure that the fire protection and structural capacity of the building will not be reduced. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| (3) | In this clause, Category 1 fire safety provision has the same meaning as in clause 3 of the Environmental Planning and Assessment Regulation 2000. |
12 Site management
Where the proposed development may result in water run-off or affect stormwater run-off, the person having the benefit of the complying development certificate must install run-off and erosion controls to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, by taking the following measures:
| (a) | diverting uncontaminated run-off around cleared or disturbed areas, |
| (b) | erecting a silt fence to prevent debris escaping into drainage systems or waterways, |
| (c) | preventing tracking of sediment by vehicles onto roads, |
| (d) | stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site. |
13 Vegetation and top soil
Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the approved building area.
14 Drainage
|
15 TV aerial
Only one common television aerial may be installed.
16 Brickwork to match
Any proposed new brickwork must match the existing brickwork.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| Part 2 | Subsidiary conditions prior to the issue of a construction certificate |
17 Sydney Water certificate
The person having the benefit of the complying development certificate must submit to the Council or the principal certifying authority a certificate from the Sydney Water Corporation under section 73 of the Sydney Water Act 1994 demonstrating that the Corporation’s requirements, if any, in relation to the development have been met, prior to the release of the stamped building plans.
18 Chimney stack
The height of any chimney must be a minimum 1 m above the height of any structure (including the applicant’s dwelling), or topographical feature within a 15 m radius of the chimney stack. Exhaust gases must be discharged vertically and the proposed stack must be protected by a concentric extended shrouded rain excluder in accordance with the Department of Environment and Conservation’s guidelines. It must terminate in such a position that it is not a risk of fire to nearby combustibles and does not permit the penetration of flue gases through nearby windows or other openings.
19 Asbestos conditions
Prior to the commencement of works, a survey of the existing building fabric must be undertaken identifying the presence or otherwise of asbestos contamination. Any works subsequently required to address asbestos contamination must be undertaken in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and the Code of Practice for the Safe Removal of Asbestos.
20 Reflectivity index of finishes
The reflectivity index of external finishes, including painted surfaces, walls or roof treatment of the proposed development, is to be no greater than 20%.
21 Service ducts
Service ducts must be provided to keep external walls free of plumbing or any other utility installations.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| Part 3 | Conditions prior to any demolition or commencement of building works |
22 Protection of trees during works
All trees that are to be retained must be maintained and protected during any demolition, excavation and construction on the site. The protection method must be provided to the principal certifying authority by an appropriately qualified person prior to commencement of works.
23 Prohibition on use of pavements
Building materials must not be placed on the Council’s footpaths, roadways, parks or grass verges and a suitable sign to this effect must be erected adjacent to the street alignment.
24 Disposal schedule
|
| (a) | those materials to be recycled, and |
| (b) | those materials to be reused, and |
| (c) | those materials to be disposed of. |
| (2) | A maximum amount of materials must be recycled or reused. |
25 Mobile plant
Where on-street use of mobile plant is approved, such approval will be subject to the issue of a permit under section 68 of the Local Government Act 1993 on each occasion from the Council’s Customer Services Unit. Such permit must be obtained and the fee paid at least 2 clear working days in advance of each relevant date.
| Part 4 | Conditions during demolition and building works |
26 Site access
|
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
| (2) | Where kerb and gutter is not provided, a gravel vehicular entrance incorporating a 0.375 m diameter stormwater pipe and concrete head walls or a 6 m by 6 m concrete slab dish drain must be constructed to provide access to the lot. |
| (3) | Driveways are to be a minimum of 6 m from a road intersection. |
| (4) | Driveways are to be constructed in accordance with Australian Standard AS/NZS 2890.1:2004, Parking Facilities, Part 1: Off-street car parking, with appropriate transition zones. |
27 Progress inspections
The Council or the principal certifying authority, unless otherwise agreed in writing, must be given 48 hours notice:
| (a) | for inspection of the following, where applicable: | |||||||
| ||||||||
| ||||||||
| (b) | on completion of any building work, and | |||||||
| (c) | if required by any special conditions relevant to the complying development certificate. |
28 Progress survey—minor development
|
| (a) | at the completion of the first structural floor level, indicating the level of that floor and the relationship of the building to the boundaries, |
| (b) | at the completed height of the building, prior to the placement of concrete inform work, or the laying of roofing materials, |
| (c) | at completion, indicating the relationship of the building, and any projections thereto, to the boundaries. |
| (2) | Progress certifications in response to the stages described in subclause (1) (a)–(c) must be provided to the Council or the principal certifying authority at the time of carrying out relevant progress inspections. |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
29 Hazardous materials
|
| (a) | have accumulated hazardous amounts of fine lead dust in ceiling and wall cavities, and |
| (b) | contain components and surfaces coated with lead paint. |
| (2) | Appropriate measures to minimise hazards and contamination from lead are to be implemented. |
30 No removal of trees
No trees on public property (footpaths, roads, reserves etc) must be removed or damaged during construction including the erection of any fences, hoardings or other temporary works.
31 Cigarette butt receptacle
Provision must be made for cigarette butt receptacles on the site to minimise littering.
32 Hours of works
|
33 Erosion signage
A durable sign, which is available from the Council, must be erected during building works in a prominent location onsite warning of penalties should appropriate erosion and sedimentation control devices not be maintained.
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Amendments | Schedule 1 |
34 Equipment noise
Silencing mechanisms of a type approved by the Council must be provided and maintained in respect of all power-operated plant used in demolition, excavation, earthworks and erection of the building.
35 Dust emission
Suitable screens or barricades must be erected during any demolition, excavation and building works, where necessary to reduce the emission of dust, water effluent or other matter from the site. (Screening is to consist of a minimum 2 m height of shade cloth or similar material secured to a chain wire fence or the like.)
| Part 5 | Conditions prior to the issue of an occupation certificate |
36 Noise impact of plant
|
Note. The method of measurement of sound must be carried out in accordance with Australian Standard AS 1055.1—1997, Acoustics— Description and measurement of environmental noise, Part 1: General procedures.
| (2) | A report prepared by an appropriately qualified or accredited person must be submitted to the principal certifying authority demonstrating compliance with this condition prior to the occupation of the completed works. |
| Part 6 | Conditions prior to final completion |
37 Disposal information
|
| (a) | the total tonnage of all waste and excavated material disposed of from the site, |
2006 No 382
North Sydney Local Environmental Plan 2001 (Amendment No 10)
| Schedule 1 | Amendments |
| (b) | the disposal points and methods used. |
| (2) | Such information must be categorised in accordance with the foregoing and is required for waste research purposes. |
| Part 7 | Ongoing conditions |
38 Prohibition on burning
Materials or rubbish resulting from any land clearing, demolition and building works must not be burnt on the site.
| Part 8 | Advisings |
39 Mail boxes
Mail boxes must be provided in accordance with Australia Post guidelines. In general, a clearly marked mailbox (or group of mailboxes) must be provided within 0.5 m of the footpath alignment for premises at ground level, or adjacent to the main entrance to the development site or the building, where applicable.
40 Street numbering
Prior to completion of the development, a street number is to be obtained, in accordance with the Local Government Act 1993, from the Council, where applicable.
41 Termites
The structural members of the building that are subject to attack by subterranean termites must be protected in accordance with AS 3660.1—2000, Termite management, Part 1: New building work. A durable notice must be permanently fixed to the building in a prominent location, such as a meter box or the like, indicating the following:
| (a) | method of protection, |
| (b) | the date of installation of the system, |
| (c) | where a chemical barrier is used, its life expectancy as listed on the Australian Pesticides and Veterinary Medicines Authority label, |
| (d) | the need to maintain and inspect the system on a regular basis. |
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