North Sydney Local Environmental Plan 2001 (Amendment No 6) (2004-720) [GG No 170 of 29.10.2004, p 8252] (NSW)
2004 No 720
| New South Wales |
North Sydney Local Environmental
Plan 2001 (Amendment No 6)
under the
Environmental Planning and Assessment Act 1979
I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S01/01845/PC)
DIANE BEAMER, M.P.,
Minister Assisting the Minister for Infrastructure
and Planning (Planning Administration)
| Published in Gazette No 170 of 29 October 2004, page 8252 | Page 1 |
| 2004 No 720 |
| Clause 1 | North Sydney Local Environmental Plan 2001 (Amendment No 6) |
North Sydney Local Environmental Plan 2001
(Amendment No 6)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is North Sydney Local Environmental Plan 2001
(Amendment No 6).
2 Aims of plan
(1) This plan aims to amend North Sydney Local Environmental Plan 2001 as follows:
| (a) | to require all aims and objectives to be taken into account in development assessment and to modify the requirements for consistency with particular aims and objectives, |
| (b) | to impose further controls on development in residential zones, |
| (c) | to make further provision with respect to exempt and complying development, |
| (d) | to provide specific provisions relating to land comprising the Ennis Road Bays and Luna Park/Glen Street frontage, |
| (e) | to replace several definitions (including apartment building adaptation, boarding house, character of a neighbourhood, demolition, hotel and land adjoining) and to add new definitions of cultural resource and tavern in Schedule 2, |
| (f) | to correct a misdescription of a heritage item known as Nazareth (currently listed as 22 Thrupp Street, Neutral Bay, instead of as 20 Thrupp Street) in Schedule 3 (Heritage items), |
| (g) | to add a property (203A Chandos Street, Crows Nest) to Schedule 5 (Uncharacteristic elements), |
| (h) | to rezone so much of the land in Walker Street, Lavender Bay, as is shown edged heavy black on Sheet 1 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment |
2004 No 720
| North Sydney Local Environmental Plan 2001 (Amendment No 6) | Clause 3 |
No 6)” deposited in the office of North Sydney Council, from the Railways Zone to the Roads Zone,
(i) to zone so much of the land in Edwin Lane, Cammeray, as is shown distinctively coloured on Sheet 2 of that map, to the Residential C Zone,
| (j) | to apply a foreshore building line in respect of land known as 11A, 15 and 15A Holbrook Avenue, Kirribilli, as shown by a black broken line on Sheet 3 of that map, |
| (k) | to remove certain land at St Leonards, as shown edged heavy black on Sheet 4 of that map, from the provisions relating to DCP Specific Sites, |
| (l) | to apply a non-residential floor space ratio and maximum height to certain land at Milsons Point, Neutral Bay and Cremorne, as shown distinctively coloured on Sheets 6–8 of that map, |
| (m) | to rezone 4 Rangers Road, Cremorne, as shown edged heavy black and distinctively coloured on Sheet 8 of that map, from the Residential C Zone to the Mixed Use Zone. |
| (2) | Provisions relating to Luna Park land uses and the reclassification of land adjacent to 108 Carabella Street, Kirribilli (Lot D, DP 396813) from community land to operational land have been excluded from this plan, being deferred matter within the meaning of section 70 (4) of the Environmental Planning and Assessment Act 1979. |
3 Land to which plan applies
This plan applies to all land within the local government area of North Sydney under North Sydney Local Environmental Plan 2001.
4 Amendment of North Sydney Local Environmental Plan 2001
North Sydney Local Environmental Plan 2001 is amended as set out in Schedule 1.
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
Schedule 1 Amendments
(Clause 4)
[1] Clause 3 Specific aims of this plan
Omit “achieve any desired character for the neighbourhood that is described in a character statement for the neighbourhood, and promote” from clause 3 (a) (i).
Insert instead “promote the character of the neighbourhoods and”.
[2] Clause 3 (g)
Omit “or cultural assets” wherever occurring.
[3] Clause 5 How this plan relates to other planning instruments
Insert after clause 5 (3):
| (4) | This plan, as in force immediately before the commencement of North Sydney Local Environmental Plan 2001 (Amendment No 6), continues to apply in relation to any development application lodged before that commencement as if that plan had not been made. |
[4] Clause 12 Exempt development
Insert after clause 12 (2):
| (3) | For the removal of doubt, all development requires consent under this plan, unless the development is exempt development or prohibited development. |
[5] Clause 14
Omit the clause except for the table to the clause. Insert instead:
|
| (1) | When considering a development application, the consent authority must take into account the aims and objectives stated in this plan. |
| (2) | Consent must not be granted to the carrying out of any development that, in the opinion of the consent authority, is inconsistent with the specific aims of this plan, the objectives of the zone or the objectives of controls. |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[6] Clause 14, Zoning and permissible use table
Omit Item 1 (c) from the matter relating to the Residential A2 Zone.
Insert instead:
| (c) | encourage the retention of existing contributory items or neutral items in conservation areas, and |
| (c1) | promote affordable housing, and |
[7] Clause 14, Zoning and permissible use table
Omit Item 1 (b) from the matter relating to the Residential G Zone.
Insert instead:
| (b) | ensure that the features of development (such as height, bulk, subdivision pattern, building footprint and orientation, setback and landscaping) are similar to those of characteristic development and fit into the existing streetscape. |
[8] Clause 14, Zoning and permissible use table
Insert after Item 1 (c) in the matter relating to the Mixed Use Zone:
, and
| (d) | promote affordable housing. |
[9] Clause 14, Zoning and permissible use table
Omit “vehicle access to a permissible use within the Luna Park zone;” from Item 2 in the matter relating to the Public Recreation Zone.
Insert instead “vehicle access to the Luna Park Zone by emergency, construction and service vehicles for the delivery and removal of goods and equipment (vehicle access for the purpose of parking is prohibited);”.
[10] Clause 15 Subdivision
Omit clause 15 (1) (a). Insert instead:
| (a) | ensure subdivision and associated development maintain the character of the neighbourhood as reflected in lot size, orientation and shape, and housing density, and |
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North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[11] Clause 16 Residential zone objectives
Omit clause 16 (d). Insert instead:
| (d) | development that promotes the character of the neighbourhood, and |
[12] Clause 17 Building heights
Insert after clause 17 (1) (a):
| (a1) | promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient, and |
[13] Clause 17 (1) (b)
Omit the paragraph. Insert instead:
| (b) | promote gabled and hipped roofs in all residential zones and avoid other roof forms except: | |||
|
[14] Clause 17 (8)
Omit the subclause.
[15] Clause 17 (9)
Omit the subclause. Insert instead:
(9) Attics
A building must not be erected, in a residential zone, so as to provide attic space with a floor area of more than half the floor area of the floor below.
[16] Clause 18 Building height plane
Omit “, D” and “, D” wherever occurring in clause 18 (2) and (3) (b).
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[17] Clause 18 (3A)
Insert after subclause (3):
| (3A) | Building height plane control in residential D zone | |||||||
| A building must not be erected in the residential D zone if any part of the building will exceed a building height plane: | ||||||||
|
[18] Clause 19 Building setbacks
Omit the clause.
[19] Clause 20 Landscaped area
Omit clause 20 (1) (a). Insert instead:
| (a) | promote the character of the neighbourhood, and |
[20] Clause 21 Residential D zone (Neighbourhood Business)
Omit clause 21 (1) (b). Insert instead:
| (b) | ensure that development is of a scale and intensity that promotes the character of the neighbourhood, and |
[21] Clause 22 Duplexes and dwelling-houses
Omit clause 22 (3) (c) and (d). Insert instead:
| (c) | achieve building forms that promote the character of the neighbourhood, and |
| (d) | avoid excavation of sites for garages or car parking. |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[22] Clause 22 (4)
Omit the subclause. Insert instead:
| (4) | Restriction on development of duplexes | |||||
| Despite the Table to Part 2, a duplex must not be erected on land that is located within a conservation area or is identified as a heritage item, unless: | ||||||
|
[23] Clause 22 (6)
Insert after subclause (5):
| (6) | Prohibited development |
| Development that contravenes subclause (1), (2) or (4) (a) is prohibited development. |
[24] Clause 24 Attached dwellings revision
Omit clause 24 (2) (d) and (e). Insert instead:
| (d) | materially increase the height of the attached dwellings that lawfully existed on the appointed day, or |
| (e) | materially decrease the landscaped area of those attached dwellings below the requirements set out in clause 20, or decrease the landscaped area where the landscaped area is already below the requirements in clause 20. |
[25] Clause 24 (3)
Insert after subclause (2):
| (3) | Prohibited development |
| Development that contravenes subclause (2) (d) or (e) is prohibited development. |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[26] Clause 26 Apartment building revision or adaption
Omit clause 26 (2) (d) and (e). Insert instead:
| (d) | materially increase the height of the existing apartment or other building, or |
| (e) | materially decrease the landscaped area of the existing apartment or other building below the requirements set out in clause 20, or decrease the landscaped area where the landscaped area is already below the requirements in clause 20. |
[27] Clause 26 (3)
Insert after subclause (2):
| (3) | Prohibited development |
| Development that contravenes subclause (2) (d) or (e) is prohibited development. |
[28] Clause 27 Small lots
Omit clause 27 (2). Insert instead:
| (2) | Small lot controls |
| Despite any other provision of this plan, a small lot, if developed for residential purposes, must contain no more than one dwelling. | |
| (3) | Prohibited development |
| Development that contravenes subclause (2) is prohibited development. |
[29] Clause 29 Building height
Omit clause 29 (1) (b). Insert instead:
| (b) | encourage an appropriate scale and density of development for each neighbourhood that is in accordance with, and promotes the character of, the neighbourhood, and |
| (c) | provide reasonable amenity for inhabitants of the building and neighbouring buildings, and |
| (d) | provide ventilation, views, building separation, setback, solar access and light and to avoid |
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North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
overshadowing of windows, landscaped areas,
courtyards, roof decks, balconies and the like, and
| (e) | promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient, and |
| (f) | avoid the application of transitional heights as justification for exceeding height controls. |
[30] Clause 30 Building height plane
Omit clause 30 (1) (b). Insert instead:
| (b) | minimise adverse effects on land in adjoining residential or open space zones in relation to ventilation, views, building separation, solar access and light and to avoid overshadowing of windows, landscaped areas, courtyards, roof decks, balconies and the like. |
[31] Clause 32 Design of development
Omit clause 32 (2) (c). Insert instead:
| (c) | the residential component of the building is provided with an entrance separate from the entrances to the remainder of the building, and |
| (d) | the building is set back above a podium. |
[32] Clause 32 (4)
Insert after subclause (3):
| (4) | Prohibited development |
| Development that contravenes subclause (2) (a) is prohibited development. |
[33] Clause 34 Buildings in the special use zone
Omit clause 34 (3)–(5). Insert instead:
| (3) | Building controls |
| A building must not be erected on land to which this clause applies unless: |
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North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
| (a) | the building is consistent with the objectives and permissible uses that apply to the land adjoining the site and land directly across a road from the site, and |
| (b) | the building complies with the relevant development standards, for the particular type of building, that apply to the land adjoining the site and land directly across a road from the site. |
| (4) | If the site adjoins, or is directly across a road from, land in more than one zone, the objectives, permissible uses and development standards that are applied by subclause (3) are the most restrictive development standards. |
| (5) | For the purposes of subclause (4), the zone subject to the most restrictive development standards is to be determined having regard to all relevant zones except for the road, railway, public open space, private recreation or public recreation zones. |
[34] Clause 38 Development within the foreshore building area
Omit clause 38 (2) and (3). Insert instead:
| (2) | Foreshore building area controls | |||||||||
| Despite any other provision of this plan, development must not be carried out within the foreshore building area, which further encroaches on the foreshore building area, except for the purpose of: | ||||||||||
| ||||||||||
| (3) | Prohibited development | |||||||||
| Development that contravenes subclause (2) is prohibited development. |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[35] Clause 45 Consent requirements
Omit “wholly or partly” from clause 45 (1) (c).
[36] Clause 45 (2)
Omit the subclause.
[37] Clause 46 Aboriginal sites and relics
| Insert “and an assessment of cultural impacts” after “at the site” in clause 46 (2) (a). |
[38] Clause 47 Archaeological resources
Omit clause 47 (2) (a). Insert instead:
| (a) | has considered an archaeological assessment that evaluates: | |||
| ||||
|
[39] Clause 48 Heritage items
Omit clause 48 (4). Insert instead:
| (4) | Required documentation: heritage items | |||
| Before determining whether or not to grant consent to a development application in respect of a heritage item, the consent authority may require the submission of: | ||||
|
[40] Clause 48 (5)
| Insert “complete” before “demolition” and “the complete” before “demolition” wherever occurring. |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[41] Clause 48 (6)
Omit the subclause. Insert instead:
| (6) | Site development |
| Despite any other provision of this plan, the consent authority must not grant consent to an application for the complete demolition of a heritage item unless the consent authority, at the same time, grants consent to a replacement building or work on the site. |
[42] Clause 48 (7)
| Insert “complete” before “demolition” and “complete” before “demolition” wherever occurring. |
[43] Clause 49 Conservation areas
Omit clause 49 (1) (a). Insert instead:
| (a) | conserve the character of the neighbourhood and heritage significance of the conservation area, as a whole or any part of the conservation area, and |
[44] Clause 49 (1) (f) and (g)
Omit clause 49 (1) (f). Insert instead:
| (f) | encourage the removal of uncharacteristic elements from conservation areas and their replacement with buildings or works that reinforce the character of the neighbourhood and heritage significance of the conservation area, and | ||||||
| (g) |
|
uncharacteristic elements.
[45] Clause 49 (2) (a)
Omit “not”.
[46] Clause 49 (3)
Omit the subclause.
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[47] Clause 49 (4) and (5)
Omit the subclauses. Insert instead:
| (4) | Required documentation: conservation areas | |||||
| Before determining whether or not to grant consent to a development application in respect of a heritage item, the consent authority may require the submission of: | ||||||
| ||||||
| (5) | Consideration of complete demolition: conservation areas | |||||
| Consent must not be granted to development involving the complete demolition of a building, work or place within a conservation area, until the consent authority has considered: | ||||||
|
[48] Clause 49 (6)
| Insert “complete” before “demolition” and “complete” before “demolition” wherever occurring. |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[49] Clause 49 (7)
Omit subclause (7). Insert instead:
| (7) | Site redevelopment |
| Despite any other provision of this plan, the consent authority must not grant consent to an application for the complete demolition of a building, work or place within a conservation area unless the consent authority, at the same time, grants consent to a replacement building or work on the site. |
[50] Clause 50 Development in the vicinity of heritage items
Omit clause 50 (3). Insert instead:
| (3) | Before determining a development application relating to land in the vicinity of a heritage item, the consent authority may require the submission of a statement of heritage impact on the heritage item and its curtilage. |
[51] Clause 51 Conservation incentives
Insert “or, if a statement of heritage impact has been required by the consent authority under clause 48 (4), a statement of heritage impact for the heritage item” after “the heritage item” in clause 51 (3).
[52] Clause 53
Omit the heading to the clause and subclause (1). Insert instead:
|
| (1) | Ennis Road Bays under Warringah Freeway |
| This clause applies to the cubic spaces which comprise Bays 24–44, at 2–28 Ennis Road, Kirribilli, as marked “Ennis Rd Bays” on the map. |
[53] Clause 59 Luna Park: Glen Street frontage
Omit clause 59 (2) (a). Insert instead:
| (a) | ensure that the bulk and height of new buildings does not detract from the amenity of surrounding areas (including existing views), and |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[54] Clause 60 Refreshment rooms, Residential D Zone, Blues Point Road
Insert after clause 60 (3):
| (4) | Prohibited development |
| Development that contravenes subclause (2) or (3) is prohibited development. |
[55] Schedule 2 Definitions
Omit the definitions of apartment building adaption, boarding house, character, characteristic building height, demolish, hotel and land adjoining.
[56] Schedule 2
Insert in alphabetical order:
adjoining, in relation to specified land, means:
| (a) | land that immediately joins any boundary of the specified land, or |
| (b) | land that is separated from the specified land only by a driveway, right-of-way or access way (not being a public road). |
apartment building adaption means the creation of an apartment building substantially within a building (other than an apartment building) that lawfully existed on the appointed day.
boarding house means a residential building:
| (a) | that is wholly or partly let in lodgings, and |
| (b) | that provides lodgers with a principal place of residence, and |
| (c) | that has shared facilities, such as a communal bathroom, kitchen or laundry, |
but does not include backpackers’ accommodation, a serviced
apartment or a motel.
character of a neighbourhood within the North Sydney local government area means the combination of features (including environment, built form, landscape, community and function) that makes the neighbourhood distinctive.
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
cultural resource means places, topography, buildings and their aesthetic qualities that contribute to community cultural life, identity and sense of place, including:
| (a) | Aboriginal sites and relics, |
| (b) | archaeological resources, |
| (c) | heritage items and conservation areas, |
| (d) | significant streetscapes and intact street frontages, |
| (e) | sandstone outcrops and walls, |
| (f) | public art and monuments, |
| (g) | lookouts and significant views from lookouts, streets, or public open space, |
| (h) | community centres, halls, churches, theatres, libraries, museums and galleries, |
(i) recreation and leisure facilities,
| (j) | neighbourhood shops and refreshment rooms, |
| (k) | the network of roads, lanes, footpaths, steps and means of access to the foreshore, |
| (l) | those aspects of cultural life that utilise, or are presented in, any of the matters specified in paragraphs (a)–(k). |
demolition of a heritage item or a building, work or place within a conservation area means the complete or partial demolition, destruction, dismantling or removal of any fixed element of the heritage item or the building, work or place within a conservation area.
hotel means premises that provide accommodation consisting of rooms, self-contained suites or serviced apartments for guests, as well as facilities such as a restaurant or bar.
tavern means any premises specified in a hotelier’s licence under the Liquor Act 1982 which does not provide overnight accommodation on a commercial basis.
[57] Schedule 2, definition of “map”
Insert in appropriate order:
North Sydney Local Environmental Plan 2001 (Amendment
No 6)
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[58] Schedule 2, definition of “serviced apartment”
Omit “a hostel or”.
[59] Schedule 3 Heritage items
Omit the matter relating to 20 Thrupp Street. Insert instead:
|
[60] Schedule 5 Uncharacteristic elements
Insert after the matter relating to 201A Chandos Street, Crows Nest:
203A Chandos Street, Crows Nest
[61] Schedule 6 Exempt development
Insert after the heading to the Schedule:
Table
| Column 1 | Column 2 |
[62] Schedule 6
Insert in Column 2 (as inserted by item [61]) at the end of the matter set
out opposite the heading Driveways and pathways:
|
[63] Schedule 6
Omit “Not in a conservation area” from Column 2 (as inserted by item [61]) of the matter set out opposite the heading Fences (other than fences required to be erected by the Swimming Pools Act 1992).
Insert instead “Not forward of the front building line on a site in a conservation area”.
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[64] Schedule 6
Omit all the matter relating to Letterbox. Insert instead:
| Letterbox | Usage | Designed for use and used in conjunction with residential premises Not more than 2 letterboxes per site |
| Size | Maximum height 1.2m above ground level | |
| Structure | Structurally stable with adequate footings | |
| Numbering | Approved numbering visible from street alignment. |
[65] Schedule 6
Omit Item 2 (Non-residential premises) from the matter appearing under the heading Minor internal alterations.
Insert instead:
| |||
| premises |
| 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 | Not a refreshment room, take-away food shop or drive-in take-away food shop |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[66] Schedule 6
Omit all the matter relating to Patio/paving. Insert instead:
| |||
| incidental to the use of a dwelling) |
Not forward of the front building line on a site in a conservation area
| Siting | At natural ground level |
| Size | Maximum area 20m2 |
| 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 |
[67] Schedule 6
Insert after the matter relating to Re-cladding of roofs or walls:
| |||
|
| (a) | only minor conservation works, |
| (b) | no adverse effect on heritage significance, |
| (c) | the proponent has notified the Council in writing of the proposed development and the Council has advised the proponent in writing before the development is carried out that it is satisfied that development consent is not required because of this exemption |
| Type | Repainting, replacement of damaged guttering, pointing, handrails and steps |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
| Size | No change in dimensions of building |
| No additional structures | |
| Materials | Replacing existing materials with similar materials which are compatible with the existing building and finish |
[68] Schedule 6
Insert after the matter relating to Skylight/rooflight/air vent:
| Temporary | Usage | Structure is for purposes of a public market, |
| structures on roads | gala, exhibition, entertainment or festival | |
| and open space | for which a permit has been issued by Council | |
| Roads | Road lawfully closed for event | |
| Only on roads adjoining land in the commercial or mixed use 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 | |
| No construction work involved, except assembly using hand tools | ||
| Maximum height 3m | ||
| No disturbance to road or ground surface or street furniture | ||
| Removal | All temporary structures, goods and litter removed within 4 hours after the end of the event |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
No temporary structure to remain in place longer than 24 hours
| Goods | Goods are displayed at ground level or on |
| display | stable, temporary structures no higher than 1.5m |
[69] Schedule 6
Omit “Not in a conservation area” from Column 2 (as inserted by item [61]) of the matter set out opposite the heading Business identification sign.
[70] Schedule 6
Insert after the matter relating to Business identification sign:
| |||
|
| 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 |
[71] Schedule 6
Omit from Column 2 (as inserted by item [61]) of the matter set out
opposite the heading Community notice sign:
|
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[72] Schedule 6
Omit from Column 2 (as inserted by item [61]) of the matter set out
opposite the heading Real estate sign:
| Heritage | Not attached to a heritage item or adjacent to a heritage item Not in a conservation area |
[73] Schedule 6
Omit from Column 2 (as inserted by item [61]) of the matter set out
opposite the heading Temporary sign:
|
[74] Schedule 6
Insert in Column 2 (as inserted by item [61]) of the matter set out opposite
the heading Temporary sign after the matter relating to illumination:
|
Sign is no higher than building it is mounted on
Maximum area 3m2
[75] Schedule 6
Insert “/STRUCTURE” after “DEMOLITION OF BUILDING”.
[76] Schedule 6
Insert “of building” after “Demolition” in Column 1 (as inserted by item [61]).
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
[77] Schedule 6
Insert after the matter relating Demolition of building (as amended by
item [76]):
|
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 25m2 |
| Works | Demolition carried out in accordance with Australian Standard AS 2601—2001, Demolition of structures |
[78] Schedule 6
Insert in Column 2 (as inserted by item [61]) of the matter set out opposite the heading for Item 3 (Commercial ground mounted) under the heading RADIO TELECOMMUNICATIONS FACILITIES:
|
[79] Schedule 6
Omit from Column 2 (as inserted by item [61]) of the matter set out opposite the heading for Item 4 (Commercial roof mounted) the matter relating to size where firstly occurring under the heading RADIO TELECOMMUNICATIONS FACILITIES:
|
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Amendments | Schedule 1 |
[80] Schedule 6
Omit from Column 2 (as inserted by item [61]) of the matter set out opposite the heading for Item 4 (Commercial roof mounted) the matter relating to size where secondly occurring under the heading RADIO TELECOMMUNICATIONS FACILITIES.
Insert instead:
|
Maximum diameter 2m
[81] Schedule 7 Complying development
Omit “All building work must comply with the ‘deemed-to-satisfy’ provisions of the Building Code of Australia.” from Part A under the heading Requirements.
[82] Schedule 7
Insert after the last dot point in Part A under the headings Design
element—privacy and Standards:
, or
| • | there is a fence at least 1.5m high between the buildings |
[83] Schedule 7
| Omit “North Sydney Development Control Plan No 1 as approved on 18 December 1990” wherever occurring in Parts A–F. |
Insert instead “North Sydney Development Control Plan 2002 as approved on 18 February 2002”.
[84] Schedule 7
Omit from Part B the heading Development categories and the two dot points under the heading.
Insert instead:
Development categories:
| • | alterations behind the front building line, not visible from a public place, or |
2004 No 720
North Sydney Local Environmental Plan 2001 (Amendment No 6)
| Schedule 1 | Amendments |
| • | single storey additions behind the rear building line of a detached, single storey dwelling, not visible from a public place, or |
| • | construction of car spaces (not involving carports or garages). |
[85] Schedule 7
Omit “All building work complies with the ‘deemed-to-satisfy’ provisions of the Building Code of Australia.” wherever occurring in Parts B–E under the heading Requirements.
[86] Schedule 7
Insert after the last dot point in Part B under the headings Design
element—privacy and Standards:
, or
| • | there is a fence at least 1.5m high between the buildings |
[87] Schedule 7
Omit “All buildings and works on the land comply with the ‘deemed-to- satisfy’ provisions of the Building Code of Australia.” wherever occurring in Parts F and G under the heading Requirements.
BY AUTHORITY
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