North Sydney Local Environmental Plan 2001 (NSW)
This plan is called North Sydney Local Environmental Plan 2001.
The general aims of this plan are:
(a) promotion of ecologically sustainable development, and
(b) development that is appropriate to its context and enhances the amenity of the North Sydney community and environment, and
(c) enhancement of opportunities for public participation in environmental planning and assessment.
The specific aims of this plan are:
(a) in relation to
the character of North Sydney’s neighbourhoods , to:(i) promote the character of the neighbourhoods and development which is compatible with neighbouring development in terms of bulk, scale and appearance, and
(ii) maintain a diversity of activities while protecting residential accommodation and local amenity, and
(iii) ensure that development on foreshore lands or land visible from the harbour or any public place does not adversely affect the appearance of that foreshore land, or the views of that land from the harbour or public place, and
(b) in relation to
residential development , to:(i) protect and enhance the residential use and amenity of existing residential neighbourhoods and new residential development, and
(ii) maintain and provide for an increase in dwelling stock, where appropriate, and
(iii) prevent the expansion of non-residential uses in residential neighbourhoods, and
(c) in relation to
non-residential development , to:(i) maintain a diversity of employment, services, cultural and recreational activities, and
(ii) ensure that non-residential development does not adversely affect the amenity of residential properties and public places, including adverse affectation by reason of the use, design, bulk, scale or appearance of the development, or the traffic generation and parking associated with the development, and
(iii) maintain waterfront activities and ensure that these activities do not adversely affect local amenity and environmental quality, and
(iv) minimise adverse effects of all permitted non-residential development and non-conforming uses or development, and
(d) in relation to
environmental quality , to:(i) maintain and protect natural landscape, topographic features and natural ground surfaces, and
(ii) improve soil quality and regulate the remediation and development of contaminated land, and
(iii) minimise storm water run-off and its adverse effects and improve the quality of local waterways, and
(iv) minimise atmospheric pollution and its adverse effects, and
(v) minimise noise emissions and their adverse effects, and
(vi) preserve and protect terrestrial and aquatic ecological communities, and
(vii) promote the efficient use of energy and resources, and
(viii) minimise waste generation, including waste to landfill, and
(e) in relation to
environmental heritage , to:(i) identify and encourage the conservation of the heritage of North Sydney, including heritage items, heritage conservation areas, Aboriginal sites, bushland, parks, foreshores and trees, and
(ii) ensure that development does not adversely affect the significance of the heritage of North Sydney (including heritage items, heritage conservation areas, Aboriginal sites, bushland, parks, foreshores and trees), and
(f) in relation to
community well-being , to:(i) provide for the growth of a permanent resident population and encourage the provision of a full range of housing, including affordable housing, and
(ii) encourage the expression of community identity and cultural diversity, and
(iii) ensure the social and economic effects of development are appropriate, and
(iv) ensure good management of, and investment in, the community’s assets, and
(g) in relation to
cultural resources , to:(i) ensure that development does not adversely affect the quality, amenity and value of cultural resources, and
(ii) ensure that development does not impede access to cultural resources, and
(iii) ensure that development does not adversely affect the presentation to streets and other public places of cultural resources, 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.
This plan applies to all land within the North Sydney local government area, except as provided by subclause (2).
This plan does not apply to the former Roads and Traffic Authority registry site at 303–321 Miller Street, Cammeray, which has been excluded by the Minister from this plan under section 70 (4) of the Act.
(Repealed)
Environmental planning instruments applying within North Sydney and in force immediately before the appointed day are repealed or amended as set out in Schedule 1.
Except as expressly provided by this plan, this plan does not affect any State environmental planning policy or regional environmental plan.
For exceptions, see clauses 12 (2), 18 (5), 38 (3) and 41 (5).
Where a development application has been lodged but not finally determined before the commencement of this plan, the environmental planning instruments repealed or amended by this plan shall apply as if this plan had been exhibited but had not commenced.
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.
In this plan:
(a) the words and expressions defined in Schedule 2 have the meanings given to them in Schedule 2, and
(b) references to maps are to maps kept at the office of the Council, and
(c) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and
(d) explanatory notes provided within the text are explanatory only and do not form part of this local environmental plan. They are provided to assist understanding, and
(e) the table of contents does not form part of this plan.
This plan adopts the Environmental Planning and Assessment Model Provisions 1980, other than clauses 4, 7, 15, 16, 17, 24, 31 and 33 of those provisions.
The Council is the consent authority for the purposes of this plan, subject to the Act.
The land use zones are shown on the map.
Subject to other provisions of this plan, development that is specified in the Table to this Part as permissible within a land use zone, other than exempt development, is development that may be carried out in that zone, but only with development consent.
Subject to other provisions of this plan, development that is not specified in the Table to this Part as permissible in a land use zone, other than exempt development, is prohibited development in that zone and must not be carried out in that zone.
Subject to the provisions of the Act, development is exempt development if it is development which:
(a) is permissible, with or without consent, in the zone in which it is to be carried out, and
(b) is listed in column 1 of the Table in Schedule 6, and
(c) satisfies all of the requirements specified in column 2 of the Table in Schedule 6 that are relevant to the development, and
(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).
State Environmental Planning Policy No 1—Development Standards does not apply to subclause (1) (d).
For the removal of doubt, all development requires consent under this plan, unless the development is exempt development or prohibited development.
Subject to the provisions of the Act, development is complying development if it is development which:
(a) is permissible, with consent, in the zone in which it is to be carried out, and
(b) is listed in a development category in Schedule 7, and
(c) satisfies all of the requirements specified in the standards for the relevant development category in Schedule 7, and
(d) complies with all development standards specified in the provisions of this plan which would apply to the development if it were not complying development, and
(e) would not be carried out on land reserved for acquisition by a public authority as identified in an environmental planning instrument.
A complying development certificate issued for any such development is subject to the conditions specified in Schedule 8.
A complying development certificate that relates to the erection of builders’ sheds or portable facilities must:
(a) state that the sheds or toilet facilities are temporary buildings, and
(b) specify a removal date that is no later than one year after the date of issue of the complying development certificate.
When considering a development application, the consent authority must take into account the aims and objectives stated in this plan.
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.
The particular objectives of this zone are to:
(a) maintain lower scale residential neighbourhoods of mainly detached housing, and
(b) assist in the conservation of heritage and other sensitive areas, and
(c) minimise the impact of non-residential uses and ensure these are in character with the zone.
Development for the purpose of:
• child care centres; community notice signs; dwelling-houses; home industries; home occupations; housing for aged or disabled persons; open space; places of public worship; real estate signs; remediation; resident medical practices; telecommunications facilities; temporary signs; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) maintain lower scale residential neighbourhoods of mainly detached and duplex housing, and
(b) assist in the conservation of heritage and other sensitive areas, and
(c) encourage the retention of existing contributory items or neutral items in conservation areas, and
(c1) promote affordable housing, and
(d) minimise the impact of non-residential uses and ensure these are in character with the zone.
Development for the purpose of:
• apartment buildings revision; attached dwellings revision; child care centres; community notice signs; duplexes; dwelling-houses; educational establishments; established apartment buildings; established attached dwellings; home industries; home occupations; hospitals; housing for aged or disabled persons; open space; places of public worship; real estate signs; remediation; resident medical practices; telecommunications facilities; temporary signs; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) maintain lower scale mixed residential neighbourhoods, and
(b) allow for residential development in a variety of housing forms, including detached dwellings, duplexes, attached dwellings and boarding houses, and
(c) assist in the conservation of heritage, and
(d) minimise the impact of non-residential uses and ensure these are in character with the zone.
Development for the purpose of:
• apartment buildings revision; attached dwellings; boarding houses; child care centres; community notice signs; duplexes; dwelling-houses; educational establishments; established apartment buildings; home industries; home occupations; hospitals; housing for aged or disabled persons; open space; places of public worship; real estate signs; remediation; resident medical practices; telecommunications facilities; temporary signs; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to encourage the provision of a range of residential accommodation, including dwelling-houses, duplexes, attached dwellings and apartments, in proximity to transport and other services.
Development for the purpose of:
• apartment buildings; attached dwellings; boarding houses; child care centres; community notice signs; duplexes; dwelling-houses; educational establishments; home occupations; home industries; hospitals; housing for aged or disabled persons; open space; places of assembly; places of public worship; real estate signs; remediation; resident medical practice; telecommunications facilities; temporary signs; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) encourage a wide range of services and shops which serve the surrounding residential neighbourhoods, and
(b) permit a range of small scale businesses which serve local needs, and
(c) encourage active street life while maintaining high residential amenity, and
(d) encourage shop top housing.
Development for the purpose of:
• advertisements; apartment buildings; attached dwellings; boarding houses; business identification signs; child care centres; community facilities; community notice signs; duplexes; dwelling-houses; educational establishments; home industries; home occupations; hospitals; open space; places of assembly; places of public worship; professional consulting rooms; real estate signs; recreational facilities; refreshment rooms; remediation; shop top housing; shops; telecommunications facilities; temporary signs; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) encourage a mix of lower scale housing types, and
(b) permit light industries which do not interfere with residential and public amenity, and
(c) permit development which is compatible with the scale and character of the surrounding residential area.
Development for the purpose of:
• advertisements; attached dwellings; boarding houses; child care centres; duplexes; dwelling-houses; dwellings in conjunction with light industries; educational establishments; established apartment buildings; home industries; hospitals; housing for aged or disabled persons; light industries; open space; places of assembly; places of public worship; recreational facilities; remediation; resident medical practices; roads; telecommunications facilities; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) maintain the character and the heritage significance of Cremorne Point and prevent this from being eroded by unsympathetic development, and
(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.
Development for the purpose of:
• apartment buildings adaptation; apartment buildings revision; attached dwellings revision; boarding-houses; child care centres; duplexes; dwelling-houses; established apartment buildings; established attached dwellings; home industries; home occupations; housing for aged or disabled persons; open space; remediation; resident medical practices; telecommunications facilities; utility installations, other than gas holders or generating works.
The particular objectives of this zone are:
(a) to prevent the loss of commercial floor space to residential use, and
(b) to encourage a diverse range of employment opportunities, and
(c) to minimise adverse effects of development on residents and occupiers of existing and new development.
Development for the purpose of:
• advertisements; business identification signs; child care centres; clubs; commercial premises; community facilities; community notice signs; drainage; educational establishments; hospitals; hotels; medical centres; open space; places of assembly; places of public worship; real estate signs; recreational facilities; refreshment rooms; remediation; restricted premises; shops; showrooms; take-away food shops; taverns; telecommunications facilities; temporary signs; temporary structures for the sale of produce and merchandise; utility installations, other than gasholders or generating works.
The particular objectives of this zone are to:
(a) encourage a diverse range of living, employment, recreational and social opportunities, which do not adversely affect the amenity of residential areas, and
(b) create interesting and vibrant neighbourhood centres with safe, high quality urban environments with residential amenity, and
(c) maintain existing commercial space and allow for residential development in mixed use buildings with non-residential uses at the lower levels and residential above, and
(d) promote affordable housing.
Development for the purpose of:
• advertisements; apartment buildings; attached dwellings; boarding-houses; business identification signs; child care centres; clubs; commercial premises; community facilities; community notice signs; duplexes; dwelling-houses; drainage; educational establishments; home industries; home occupations; hospitals; hotels; medical centres; open space; places of assembly; places of public worship; real estate signs; recreational facilities; refreshment rooms; remediation; restricted premises; shops; showrooms; take-away food shops; taverns; telecommunications facilities; temporary signs; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) retain and encourage waterfront activities, and
(b) identify sites which should be preserved for maritime purposes, or for activities which require direct waterfront access, and
(c) ensure that development minimises adverse effects on adjacent residential and recreational areas, and environmental quality, and
(d) ensure that development protects the environmental and visual qualities of the foreshores, and
(e) provide for the implementation of environmental controls.
Development for the purpose of:
• advertisements; business identification signs; caretakers’ residences; charter and tourist boat facilities; community notice signs; marinas; real estate signs; remediation; ship building and repair; shops and offices not exceeding 50 square metres in area the use of which is ancillary to another permissible use within the zone; telecommunications facilities; temporary signs; utility installations, other than gas holders or generating works; water based transport facilities.
The particular objectives of this zone are to:
(a) identify land on which special land uses are carried out, and
(b) minimise the impact of the use of that land on adjoining land.
Development for the purpose of:
(a) on all sites in the zone—apartment buildings; attached dwellings; duplexes; dwelling-houses; open space; remediation; telecommunications facilities; utility installations, other than gas holders or generating works, and
(b) on sites shown on the map with red lettering—the land use indicated by red lettering on the map.
The particular objectives of this zone are to:
(a) identify land used for roads, and
(b) allow for the flexible use of roads appropriate to their context.
Development for the purpose of:
• advertisements; display of goods associated with an adjacent shop; drainage; footpath seating associated with an adjacent refreshment room; open space; remediation; roads; telecommunications facilities; temporary structures for the sale of produce and merchandise; utility installation, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) identify land used for railway purposes, and
(b) minimise the adverse effects of railway use of this land on adjoining land.
Development for the purpose of:
• drainage; open space; railways, including any development authorised under the Transport Administration Act 1988; remediation; telecommunications facilities; utility installations, other than gas holders or generating works.
The particular objectives of this zone are to:
(a) allow for a range of open space areas which meet the needs of the community for both formal and informal recreation, and
(b) ensure sufficient public recreation areas are available for the benefit and use of the community, and
(c) allow for the enhancement and management of recreation areas in accordance with plans of management adopted by the Council under the Local Government Act 1993, and
(d) allow for the enhancement and management of recreation areas in accordance with plans of management adopted by the Council under Division 6 of Part 5 of the Crown Lands Act 1989.
Any development in accordance with the plan of management adopted under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 and for the time being applicable to the subject land.
Development for the purpose of:
• bushfire hazard reduction; community notice signs; cycle ways; drainage; horticulture; landscaping; park maintenance; recreation areas; refreshment rooms; remediation; temporary signs; temporary structures, including temporary structures for the sale of goods, information displays, and the display and sale of merchandise and produce; utility installations, other than gas holders or generating works; vehicle access to another permissible use within the zone; visitor facilities.
The particular objectives of this zone are to:
(a) protect and preserve bushland so as to provide representation of the natural state and to enable existing animal and plant communities to survive in the long term, and
(b) allow, where appropriate, for low impact recreational opportunities which will protect the values of bushland, and
(c) protect and preserve bushland for its natural, cultural, historical, scientific, educational, archaeological, geological, recreational, scenic and visual values in accordance with the Bushland Plan of Management adopted by the Council under the Local Government Act 1993, and
(d) allow for the enhancement and management of recreation areas in accordance with plans of management adopted by the Council under Division 6 of Part 5 of the Crown Lands Act 1989.
Any development in accordance with the plan of management adopted under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 and for the time being applicable to the subject land.
Development for the purpose of:
• bushfire hazard reduction; bushland regeneration and management; community notice signs; drainage; landscaping; remediation; vehicular access for emergency and maintenance vehicles; vehicle access to another permissible use within the zone; visitor facilities.
The particular objectives of this zone are to:
(a) allow for a range of open space areas and public facilities which meet the needs of the North Sydney population for recreation, and
(b) ensure sufficient public recreation areas are available for the benefit and use of residents and visitors to the North Sydney local government area, and
(c) allow for the enhancement and management of both formal and informal recreation areas in accordance with plans of management adopted by the Council under the Local Government Act 1993.
Any development in accordance with the plan of management adopted under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 and for the time being applicable to the subject land.
Development for the purpose of:
• bushfire hazard reduction; child care centres; clubs; community facilities; community notice signs; cycle ways; drainage; horticulture; landscaping; park maintenance; recreation areas; refreshment rooms; remediation; telecommunications facilities; temporary structures for the sale of produce and merchandise goods, and for information displays; temporary signs; utility installations, other than gas holders or generating works; vehicle access to another permissible use within the zone; 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); visitor facilities.
The particular objectives of this zone are to allow for the continued use of private recreation facilities.
Development for the purpose of:
• buildings and works involved in bushfire hazard reduction, drainage, horticulture, or landscaping; clubs ancillary to recreation use; recreation areas; recreation facilities ancillary to recreation use; remediation; utility installations, other than gas holders or generating works; visitor facilities.
The particular objectives of this zone are to:
(a) ensure that development reflects and continues Luna Park’s place in the social history of Sydney, and
(b) allow for development for the purpose of public recreation, amusement and entertainment, and
(c) minimise the impact of Luna Park’s operation on the surrounding community.
Development for the purpose of:
• Luna Park; amusements; places of assembly; recreation areas; recreational facilities; refreshment rooms; remediation; shops; take-away food shops; telecommunications facilities; utility installations, other than gas holders or generating works; works (other than buildings) involved in landscaping and gardening.
The specific objectives of the subdivision controls are to:
(a) ensure subdivision and associated development maintain the character of the neighbourhood as reflected in lot size, orientation and shape, and housing density, and
(b) ensure the strata title conversion of existing multi-unit buildings does not adversely affect the residential amenity of those buildings and their surroundings, and
(c) maintain a mix of dwelling sizes and affordable accommodation.
Subdivision may only be carried out with consent.
A subdivision must not create a lot, other than a strata lot, which contains less than the minimum area for the zone specified in the following Table:
Minimum lot area table
Zone | Minimum area per lot |
Residential A1 | 450 square metres |
Residential A2 | 450 square metres or 230 square metres (as shown on the map) |
Residential G (Cremorne Point) | 600 square metres |
All other residential zones | 230 square metres |
For the purposes of this clause, in calculating the area of any lot, the area of any access way, right of carriageway or the like, and the area of any land that was below the line of maximum tidal reach at 3 December 1982, are to be excluded.
The specific objectives of the residential zone controls are:
(a) a range of dwelling types, which includes:
(i) dwelling-houses, each being a detached house and garden, providing accommodation for a range of households and, in particular, households with children, and
(ii) duplexes, being two dwellings in the one building, which will have a similar appearance, bulk and scale to a detached house and which will assist in the retention of existing buildings, and
(iii) attached dwellings, being a medium density form of housing, with underground parking and garden courtyards for the use of residents, each dwelling having its own entrance directly from the road into the dwelling and a majority of dwellings having an address to the road, and
(iv) apartments, being a medium density form of housing set in a garden block, with underground parking and communal landscaped open space for the use of residents, and
(b) amenity for residents of new and existing dwellings, and
(c) buildings which are compatible with their immediate context, and
(d) development that promotes the character of the neighbourhood, and
(e) to avoid carriage development.
The specific objectives of the building height controls are to:
(a) limit the height of buildings in residential zones to:
(i) one storey, at the street façade, where that is the characteristic building height, or
(ii) subject to subparagraph (i), heights which are the same as or similar to the characteristic building heights, or
(iii) if neither subparagraph (i) nor (ii) applies, two storeys, or
(iv) despite subparagraphs (i)–(iii), in the case of apartment buildings in the residential C zone, three storeys or the height indicated on the map, and
(a1) promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient, and
(b) promote gabled and hipped roofs in all residential zones and avoid other roof forms except:
(i) skillion roofs over verandas and rear extensions to buildings that have a main roof that is gabled or hipped, or
(ii) where it is desirable to preserve views, other roof forms that are characteristic of the area, and
(c) promote the retention of and, if appropriate, sharing of existing views, and
(d) maintain solar access to new and existing dwellings, public reserves and streets, and promote solar access to new buildings, and
(e) maintain privacy for residents of existing dwellings and promote privacy for residents of new buildings, and
(f) prevent the excavation of sites for building works, other than for garages and car parking.
Additional specific objectives of the building height controls in the residential G zone (Cremorne Point) are to:
(a) minimise the loss of significant views from surrounding properties, roads or public places, and
(b) minimise shadows that reduce sunlight available to the northern façade of an existing dwelling, or the landscaped area around an existing dwelling, to less than 3 hours per day between 9 am and 3 pm on 22 June annually, and
(c) ensure that the wall heights of the proposed building do not exceed the wall heights of surrounding contributory items.
Except as otherwise provided in this clause, a building must not be erected, in a residential zone, in excess of 8.5 metres in height.
Where the characteristic building height is one storey, a building must not be erected, in a residential zone, in excess of 5.5 metres in height at the street façade or 8.5 metres in height otherwise.
An apartment building in the residential C zone must not be erected in excess of 12 metres in height, where no other maximum height is specified in this plan or on the map.
Where a maximum height is specified on the map, a building must not be erected, in a residential zone, in excess of that height.
A building must not be erected, on any small lot, in excess of 5.5 metres in height.
(Repealed)
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.
The specific objectives of the building height plane controls are to:
(a) control the bulk and scale of buildings, and
(b) provide separation between buildings, and
(c) preserve the amenity of existing dwellings and provide amenity to new dwellings in terms of shadowing, privacy, views, ventilation and solar access.
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.
A building must not be erected in the residential C zone if any part of the building will exceed a building height plane:
(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.
A building must not be erected in the residential D zone if any part of the building will exceed a building height plane:
(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.
The building height plane does not apply to apartment buildings in those areas where the permissible building height is greater than 12 metres, as indicated on the map.
Consent must not be granted pursuant to State Environmental Planning Policy No 1—Development Standards for the erection of a building any part of which exceeds a building height plane set by this clause if the building would materially:
(a) overshadow any existing or new property, or
(b) reduce the level of privacy to any existing or new property, or
(c) obstruct views from any existing or new property, or
(d) obstruct daylight or ventilation to any existing or new property.
(Repealed)
The specific objectives of the landscaped area controls are to:
(a) promote the character of the neighbourhood, and
(b) provide useable private open space for the enjoyment of residents, and
(c) provide a landscaped buffer between adjoining properties, and
(d) maximise retention and absorption of surface drainage water on site, and
(e) minimise obstruction to the underground flow of water, and
(f) promote substantial landscaping, including trees which will grow to a minimum height of 15 metres, and
(g) control site density, and
(h) minimise site disturbance.
Development must not be carried out in the residential A1, A2, B, C, or F zone, if (because of carrying out the development) the percentage of any site area that is landscaped area is less than the minimum percentage for the site area as specified in the following Table:
Landscaped area requirements
Site area | Landscaped area as a percentage of site area |
Less than 500m | 50% |
500m | 52% |
600m | 54% |
700m | 56% |
800m | 58% |
900m | 60% |
Development must not be carried out in the residential G zone if (because of carrying out the development) the percentage of the site area that is landscaped area is less than 60%.
The specific objectives of landscaped area and floor space controls in the residential D zone are to:
(a) ensure that development resulting in high site coverage provides adequate landscaped space or outdoor space for use by residents, and
(b) ensure that development is of a scale and intensity that promotes the character of the neighbourhood, and
(c) minimise traffic generation.
A building must not be erected in the residential D zone if the:
(a) percentage of landscaped area plus outdoor space on the site is less than 35% of the site area, or
(b) floor space ratio of the building exceeds 1:1 in all areas other than the part of Cammeray or St Leonards shown coloured on sheet 2 of the map, or
(c) floor space ratio of the part of the building to be used for non-residential purposes is not within the range specified on the map, where the building is in the area of Cammeray or St Leonards shown coloured on sheet 2 of the map.
No more than one duplex or dwelling-house may be erected on a single lot.
A dwelling-house and a duplex must not be erected on the same lot, and neither may be erected on a lot with another form of development containing a dwelling.
The specific objectives of the duplexes controls are to:
(a) achieve a form of building which appears as a dwelling-house, and
(b) conserve heritage items and contributory items within conservation areas, and
(c) achieve building forms that promote the character of the neighbourhood, and
(d) avoid excavation of sites for garages or car parking.
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:
(a) the land is vacant, or
(b) the land contained a building, work or place, or a fixed component, identified as an uncharacteristic element on the appointed day, or
(c) all of the following apply:
(i) the duplex is situated substantially within the fabric of an existing building,
(ii) the appearance of the existing building, as visible from a public place, is conserved,
(iii) the majority of significant fabric of the existing building is conserved.
A duplex must not be erected unless:
(a) the dwellings in the duplex are attached by at least 80% of the common wall, or 80% of the common floor or ceiling, as relevant, and
(b) the site area is at least 450 square metres, and
(c) not more than one duplex per 450 square metres of site area is proposed, and
(d) underground parking is not proposed.
Development that contravenes subclause (1), (2) or (4) (c) (i) is prohibited development.
The specific objectives of the attached dwelling controls are to:
(a) achieve residential buildings with the character of traditional row housing, and
(b) ensure that no dwelling shares an entrance pathway or lobby area, and
(c) avoid carriage development, and
(d) ensure the amenity of occupants and neighbours.
Attached dwellings must not be erected unless:
(a) each dwelling in the building has an individual entrance, at ground level, directly to a public road, and
(b) at least 50% of the dwellings in the building have their primary frontage and orientation to a public road or public place.
The specific objective of the attached dwellings revision controls is to ensure that development for the purpose of attached dwellings revision:
(a) is carried out substantially within the fabric of the existing building, and
(b) substantially retains the existing external walls and roof of the building in its existing dimensions and locations, and
(c) minimises the extension of buildings to accommodate attached dwellings and, in particular, minimises any increase in the height or gross floor area of the building, and
(d) minimises any reduction in the landscaped area of the site.
Development for the purpose of attached dwellings revision must not be carried out if the development involves any alteration or addition to the existing building which would:
(a) cause any material loss of views from other properties or public places, or
(b) cause any material overshadowing of other properties or public places, or
(c) cause any material loss of privacy to other properties, or
(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.
Development that contravenes subclause (2) (d) or (e) is prohibited development.
The specific objectives of the apartment building controls are to:
(a) reduce the adverse effect of larger scale buildings and ensure that apartment buildings do not dominate the streetscape, and
(b) ensure that dwelling-houses or duplexes will not be left isolated on sites that are not reasonably capable of development for apartment buildings.
An apartment building must not be erected if:
(a) the length of any façade facing the street is less than 9 metres or more than 15 metres, or
(b) any dwelling-house or duplex will be left isolated as a result of the development on sites that are not reasonably capable of development for apartment buildings.
The specific objectives of the apartment building revision or adaptation controls are to ensure that development for the purpose of apartment buildings in apartment or other buildings that lawfully existed at the appointed day:
(a) is carried out substantially within the fabric of the existing building, and
(b) substantially retains the existing external walls and roof of the building in its existing dimensions and locations, and
(c) minimises the extension of buildings to accommodate apartment development, and, in particular, minimises any increase in the height or gross floor area of the building, and
(d) minimises any reduction in the landscaped area of the site.
Development for the purpose of apartment building revision or apartment building adaptation must not be carried out if the development involves any alteration or addition to the apartment or other building that lawfully existed at the appointed day which would:
(a) cause any material loss of views from other properties or public places, or
(b) cause any material overshadowing of other properties or public places, or
(c) cause any material loss of privacy to other properties, or
(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.
Development that contravenes subclause (2) (d) or (e) is prohibited development.
The specific objectives of the small lots controls are to:
(a) limit the bulk and scale of development on small lots, in accordance with the size of such lots, and
(b) protect the amenity of surrounding properties, and
(c) ensure that each small lot is the site of one dwelling only.
Despite any other provision of this plan, a small lot, if developed for residential purposes, must contain no more than one dwelling.
Development that contravenes subclause (2) is prohibited development.
This Division applies to land shown edged heavy black and marked “North Sydney Centre” on Sheet 2 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 9)—North Sydney Centre” referred to in this Division as the “
The provisions of this Division prevail over all other provisions of this plan, to the extent of any inconsistency, except for Part 4—Heritage provisions.
The specific objectives of this Division are as follows:
(a) to maintain the status of the North Sydney Centre as a major commercial centre within Australia,
(b) to require arrangements for railway infrastructure to be in place before additional non-residential gross floor area is permissible in relation to any proposed development in the North Sydney Centre,
(c) to ensure that railway infrastructure, and in particular North Sydney Station, will enable and encourage a greater percentage of people to access the North Sydney Centre by public transport than by private transport and will:
(i) be convenient and accessible, and
(ii) enable a reduction in dependence on private car travel to the North Sydney Centre, and
(iii) be adequate to achieve no increase in car parking, and
(iv) have the capacity to service the demands generated by development in the North Sydney Centre,
(d) to discourage use of motor vehicles in the North Sydney Centre,
(e) to encourage access to and within the North Sydney Centre for pedestrians and cyclists,
(f) to allow for 250,000 square metres (maximum) non-residential gross floor area in addition to the estimated existing (as at the commencement of this Division) 700,000 square metres non-residential gross floor area,
(g) to prohibit further residential development in the core of the North Sydney Centre,
(h) to encourage the provision of high-grade commercial space with a floor plate, where appropriate, of at least 1000 square metres,
(i) to achieve a variety of commercial space,
(j) to encourage the refurbishment, recycling and rebuilding of older buildings,
(k) to encourage a diverse range of employment, living, recreation and social opportunities,
(l) to promote high quality urban environments and residential amenity,
(m) to provide significant public benefits such as open space, through-site linkages, childcare and the like,
(n) to improve accessibility within and to the North Sydney Centre,
(o) to protect the amenity of residential zones and existing open space within and nearby the North Sydney Centre,
(p) to prevent any net increase in overshadowing of any land zoned residential or public open space or identified as a special area,
(q) to maintain areas of open space on private land and promote the preservation of existing setbacks and landscaped areas, and protect the amenity of these areas.
The specific objective of this clause is to ensure there will be railway infrastructure to accommodate the growth of the North Sydney Centre in accordance with this Division.
Consent must not be granted to the carrying out of development on any land in the North Sydney Centre if the total non-residential gross floor area of buildings on the land after the development is carried out would exceed the total non-residential gross floor area of buildings lawfully existing on the land immediately before the development is carried out.
Despite subclause (2) but subject to subclause (5), consent may be granted to the carrying out of development on any land in the North Sydney Centre that would result in an increase in the total non-residential gross floor area of buildings lawfully existing on the land, but only if the Director-General has first certified, in writing to the consent authority, that satisfactory arrangements have been made for railway infrastructure that will provide for the increased demand for railway infrastructure generated by the development.
In determining whether to certify arrangements in accordance with subclause (3), the Director-General must consider the views of:
(a) the New South Wales Department of Transport, and
(b) any other public authority that the Director-General considers relevant.
Consent must not be granted in accordance with subclause (3) if the consent authority is satisfied that the increase in non-residential gross floor area authorised under the consent concerned when added to the increases (reduced by any decreases) in non-residential gross floor area authorised under all consents granted in relation to land in the North Sydney Centre since the commencement of this Division would exceed 250,000 square metres.
The Council is to review this Division to determine whether the policy objectives of the Division remain valid and whether the terms of the Division remain appropriate for securing those objectives. The review is to be undertaken as soon as practicable after consent has been granted that would result in the sum of increases (reduced by any decreases) in the non-residential gross floor area authorised under all consents granted in relation to land in the North Sydney Centre since the commencement of this Division exceeding 200,000 square metres.
For the purposes of subclauses (5) and (6):
(a) an increase in non-residential gross floor area is the amount by which the non-residential gross floor area authorised on land after a consent is granted exceeds the non-residential gross floor area authorised on the land immediately before the consent was granted, and
(b) a decrease in non-residential gross floor area is the amount by which the non-residential gross floor area authorised on land after a consent is granted is less than the non-residential gross floor area authorised on the land immediately before the consent was granted, and
(c) a consent does not include a consent that has lapsed.
In this clause,
The specific objectives of this clause are as follows:
(a) to achieve a transition of building heights generally from 100 Miller Street (Northpoint) and 79–81 Berry Street (being the location of the tallest buildings) stepping down towards the boundaries of the North Sydney Centre,
(b) to promote a height and massing that has no adverse impact on land in the public open space zone or land identified as a special area on Sheet 5 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 9)—North Sydney Centre” or on heritage items,
(c) to minimise overshadowing of land in the residential and public open space zones or identified as a special area on Sheet 5 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 9)—North Sydney Centre”,
(d) to protect the privacy of residents within and around the North Sydney Centre,
(e) to promote scale and massing that provides for pedestrian comfort, in terms of weather protection, solar access and visual dominance,
(f) to encourage consolidation of sites for provision of high grade commercial space and provision of public benefits.
Consent must not be granted to the erection of a building within the North Sydney Centre, unless:
(a) the height of the building will not exceed RL 195 AHD, and
(b) there is no net increase in overshadowing of any land between the hours of 9am and 3pm, 21 June outside the composite shadow area, as shown on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 9)—North Sydney Centre” (except land that is in the Road or Railways Zone), and
(c) there is no net increase in overshadowing, between 10am and 2pm, at any time of the year, of any land that is within the North Sydney Centre and is within the public open space zone or within a special area as shown on Sheet 5 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 9)—North Sydney Centre”, and
(d) there will be no increase in overshadowing that would reduce the amenity of any dwelling that is outside the North Sydney Centre and falls within the composite shadow area referred to in paragraph (b), and
(e) the site area is not less than 1,000 square metres.
State Environmental Planning Policy No 1—Development Standards does not apply to a requirement made by subclause (2) (a), (b) or (c) (including a requirement varied under subclause (4)).
The consent authority may make a determination to vary, to a minor extent only, the operation of subclauses (2) (b) or (c), or both, in respect of a particular development application, but only if:
(a) it is satisfied that the variation is justified due to the merits of the development application and the public benefit to be gained, and
(b) it is satisfied that any increase in overshadowing will not reduce the amenity of any land, and
(c) in relation to a variation of the operation of subclause (2) (b), the variation will result in not more than 2 hours net increase in overshadowing of land referred to in that paragraph between the hours of 9am and 3pm, 21 June, and
(d) in relation to a variation of the operation of subclause (2) (c), the variation will result in not more than 15 minutes net increase in overshadowing of land referred to in that paragraph between the hours of 10am and 12 noon, and no net increase between the hours of 12 noon and 2pm, on any day.
When determining whether or not to grant consent to a development application in respect of land within the North Sydney Centre, the consent authority must consider:
(a) the impact of the proposed development in terms of scale, form and massing within the context of the locality and landform, the natural environment and neighbouring development and in particular lower scale development adjoining the North Sydney Centre, and
(b) whether the proposed development provides public benefits such as open space, through-site linkages, community facilities and the like, and
(c) whether the proposed development preserves important view lines and vistas, and
(d) whether the proposed development enhances the streetscape in terms of scale, materials and external treatments, and provides variety and interest.
The specific objective of this clause is to maintain the established setback and landscaped setting on the eastern side of Miller Street between McLaren Street and Mount Street.
A building must not be erected within the Miller Street setback area, as shown on Sheet 3 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 9)—North Sydney Centre”, unless it is less than 1.5 metres high and is required only for access to, or landscaping of, a site.
Despite any other provision of this plan, the land know as 93–95 Pacific Highway, North Sydney and 263 Alfred Street North, North Sydney may be used for residential purposes.
The specific objectives of this clause are as follows:
(a) to ensure compatibility between development in the commercial zone and adjoining residential, mixed use, and open space zones,
(b) to provide ventilation, views, building separation, setback, solar access and light to land within the commercial and other zones,
(c) to avoid overshadowing of dwellings, especially windows, landscaped areas, courtyards, roof decks, balconies and the like by proposed development,
(d) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient.
A building must not be erected in the commercial zone, outside the North Sydney Centre, in excess of the height shown on the map.
The specific objectives of this clause are as follows:
(a) to maintain existing commercial space,
(b) to minimise traffic generation from commercial development.
A building must not be erected in the commercial zone, outside the North Sydney Centre, if the floor space ratio is greater than the maximum specified on Sheet 2 of the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 9)—North Sydney Centre”.
The specific objectives of the building height controls in the mixed use zone are to:
(a) ensure compatibility between development in the mixed use zone and adjoining residential areas and open space zones, and
(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 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.
A building must not be erected in the mixed use zone in excess of the height shown on the map.
The specific objectives of the building height plane controls in the mixed use zone are to:
(a) ensure compatibility between development in the mixed use zone and adjoining residential or open space zones, and
(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.
A building must not be erected in the mixed use zone, on land that adjoins or is adjacent to land within a residential or open space zone, if any part of the building will exceed a building height plane:
(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, or
(e) commencing 1.8 metres above existing ground level, projected at all points from each of the boundaries adjoining a laneway or other road of a similar width and character referred to in Schedule 14 that separates the land from land within the Residential A1, A2, B, D or F (McMahons Point) Zone or the Public Open Space Zone, or
(f) commencing 3.5 metres above existing ground level, projected at all points from each of the boundaries adjoining a laneway or other road a similar width and character referred to in Schedule 14 that separates the land from land within the Residential C Zone.
The specific objectives of the floor space ratio controls in the mixed use zone are to:
(a) ensure a diverse mix of uses in each building in the mixed use zone, and
(b) minimise traffic generation from commercial development.
A building must not be erected in the mixed use zone if the floor space ratio of the part of the building to be used for non-residential purposes is not within the range specified on the map.
The specific objectives of the design of development in the mixed use zone controls are to:
(a) promote development containing a mix of residential and non-residential uses, and
(b) protect the amenity and safety of residents, and
(c) concentrate the non-residential component of development in the mixed use zone at the lower levels of a building.
A new building in the mixed use zone must not be erected unless:
(a) the building contains both residential and non-residential uses, and
(b) the non-residential component of the building is provided at the lower levels of the building and the ground level is not used for residential purposes, except access, and
(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.
Despite any other provision of this plan, any development in the mixed use zone may contain both residential and non-residential uses.
Development that contravenes subclause (2) (a) is prohibited development.
The specific objectives of the waterfront zone controls are to:
(a) ensure development in the waterfront zone is in scale with the site and its surroundings, and
(b) acknowledge the unique environmental quality of the foreshores of the harbour.
Development must not be carried out in the waterfront zone if:
(a) the area of the site to be built upon exceeds 50% of the total site area, or
(b) the height of any proposed building exceeds 10 metres, or
(c) the proposed development is incompatible with the:
(i) size of the site and the part of the waterway where the development is situated, particularly in relation to the number, size and draft of any boats to be moored, or
(ii) proximity, scale and height of surrounding development, or
(iii) scenic, environmental and cultural qualities of the site and its surrounding area, or
(d) the proposed development will have an adverse effect on:
(i) public views and views from surrounding properties, or
(ii) natural features on, or adjoining, the site, such as cliff lines, bushland and significant trees.
This clause applies to all land within the special use zone and private recreation zone.
The specific objectives of the buildings in the special use zone and private recreation zone controls are to:
(a) ensure that buildings within the zone are similar in type, height, bulk and scale to surrounding buildings, and
(b) minimise the adverse effects of development on surrounding residential development.
A building must not be erected on land to which this clause applies unless:
(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.
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.
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.
The owner of any land in the public open space or bushland zones and listed in Schedule 9, being land reserved for acquisition as local open space or bushland, may by notice in writing require the Council to acquire the land.
The owner of any land in the public open space or bushland zones and listed in Schedule 10, being land reserved for acquisition as regional open space, may by notice in writing require the Corporation to acquire the land.
On receipt of a notice under this clause, the Council or the Corporation, as the case may be, must acquire the land, unless the land is owned by a public authority and is held by that public authority for the purpose for which the land is reserved.
Consent may be granted to development on land referred to in Schedule 9 or 10 for any purpose if the consent authority is satisfied that the development will not adversely affect the usefulness of the land for the purpose for which it has been reserved.
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
The owner of any vacant land in the Road Zone and listed in Schedule 12, being land reserved for acquisition as arterial road reservation—proposed road widening, may by notice in writing require:
(a) the RTA to acquire the land, in the case of land that is included in a 5 year works program current at the time of receipt of the notice, or
(b) the Corporation to acquire the land, in any other case.
The owner of any land referred in Schedule 12 that is not vacant may, by notice in writing, require the RTA to purchase the land if:
(a) the land is included in a 5 year works program current at the time of receipt of the notice, or
(b) the RTA decided not to grant a concurrence for development on the land, or
(c) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.
On receipt of a notice under this clause, the RTA or the Corporation, as the case may be, must acquire the land.
A person may carry out development on land listed in Schedule 12, with the consent of the Council, for any purpose:
(a) for which development may be carried out in an adjoining zone, or
(b) of a temporary nature.
(Repealed)
Land acquired under this clause may be developed, with the consent of the Council, for any purpose, until such time as it is required for the purpose for which it was acquired.
In this clause:
(Repealed)
The specific objectives of the foreshore building area controls are to:
(a) enable development to be carried out, which is associated with water based recreation activity and which is ancillary to residential use but which is not used for habitation, and
(b) recognise and retain the scenic, environmental and cultural qualities and the historical significance of foreshore land, and
(c) recognise and implement the aims and objectives of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, and
(d) minimise the individual and cumulative adverse visual effects of foreshore development, and
(e) protect intertidal ecology and any sea wall or rock platform on foreshore land, and
(f) ensure that if development has been carried out in the foreshore building area, future development does not result in the further encroachment of that area, and
(g) prevent any further terracing of the foreshore building area, and
(h) facilitate public access to foreshore land.
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:
(a) boatsheds or jetties with a maximum height of 3 metres, which are ancillary to residential use, and are not used as habitable rooms, or
(b) swimming pools with a maximum height of 500mm and associated fencing with a maximum height of 1.2 metres, or
(c) barbecues and fences with a maximum height of 1.2 metres, or
(d) (Repealed)
(e) sea retaining walls, or
(f) retaining walls, other than sea retaining walls, with a maximum height of 500mm, or
(g) structures to provide public access to the foreshore (including pathways, stairs and boardwalks) with a maximum height of 1.2 metres, or
(h) structures to provide private access to the foreshore, including access for the aged or disabled, pathways and stairs, or
(i) landscaping.
Development that contravenes subclause (2) is prohibited development.
Where the levels, depth or other exceptional features of a site make it necessary or appropriate to do so, the Council may, by resolution, vary the position of the foreshore building line on the site to a minor extent for the purposes of the application of this clause in respect of a particular development proposal.
The specific objectives of the open space building line area controls are:
(a) to maintain the established open landscaped setting provided by the area, and
(b) to recognise and retain the scenic, environmental and cultural qualities of Newlands Lane, and
(c) to encourage a native bushland setting for surrounding areas, and
(d) to minimise built development in the area.
Despite any other provision of this plan, development must not be carried out within the open space building line area except for the purpose of:
(a) landscaping by means only of planting shrubs or trees, or
(b) fences with a height of no more than 900 millimetres, measured from existing ground level.
State Environmental Planning Policy No 1—Development Standards does not apply to a requirement made by subclause (2).
In this clause:
The specific objectives of the excavation of land controls are to:
(a) retain existing vegetation and allow for new substantial vegetation and trees, and
(b) minimise the adverse effects of excavation on the amenity of neighbouring properties, and
(c) minimise excavation and site disturbance so as to retain natural landforms, natural rock faces, sandstone retaining walls and the like and to retain natural water runoff patterns and underground water table and flow patterns, and
(d) ensure the structural integrity of adjoining properties.
Development that includes excavation must not be carried out unless:
(a) the development is in accordance with and promotes the objectives in subclause (1), and
(b) land stability of the site and adjoining land is preserved, and
(c) the natural drainage patterns of the land and catchment will not be disrupted, and
(d) adverse effects on other properties are avoided or minimised.
Consent must not be granted to the carrying out of any development on land unless the consent authority:
(a) has considered whether the land is contaminated, and
(b) if the land is contaminated, is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and
(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, is satisfied that the land will be remediated before the land is used for that purpose.
Nothing in this clause affects the application of State Environmental Planning Policy No 55—Remediation of Land or the Contaminated Land Management Act 1997 to land to which this plan applies.
The specific objectives of the acid sulfate soil controls are to:
(a) provide environmental planning controls that will result in the management of any disturbance to acid sulfate soils in the North Sydney local government area so as to minimise adverse effects on natural water bodies and wetlands and on urban and infrastructure activities, and
(b) require special assessment of certain development on land identified as being subject to risks associated with the disturbance of acid sulfate soils.
Within the Acid Sulfate Soil Area shown on the map, a person must not, without development consent, carry out any works that will disturb more than one tonne of soil below the existing ground level, or that are likely to lower the water table on any land within the Acid Sulfate Soil Area.
Consent is not required by this clause if:
(a) a copy of a preliminary assessment of the proposed works, undertaken in accordance with the acid sulfate soils assessment guidelines by a suitably qualified person, has been given to the Council, and
(b) the Council is satisfied that the results of the preliminary assessment indicate that the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Manual.
A consent required by this clause must not be granted unless the consent authority has considered:
(a) an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soil Manual, and
(b) the likelihood of the proposed development resulting in the discharge of acid water, and
(c) (Repealed)
This clause requires consent for development to be carried out by councils, or any statutory or public authority despite:
(a) clause 35 and items 2 and 11 of Schedule 1 of the Environmental Planning and Assessment Model Provisions 1980, as adopted by clause 7 of this Plan, and
(b) clause 10 of State Environmental Planning Policy No 4—Development Without Consent.
In this plan:
Any covenant, agreement or similar instrument that affects development allowed by this plan does not apply to the extent (if any) necessary to allow the development.
Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.
In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.
The provisions of this Part prevail over all other provisions of this plan to the extent of any direct or indirect inconsistency.
The specific objectives of the heritage conservation controls are to:
(a) ensure the protection and management of Aboriginal sites and relics, and
(b) ensure the proper management of archaeological resources, and
(c) ensure the conservation of heritage items (and their curtilages) and conservation areas, and
(d) ensure that development does not adversely affect the heritage significance of heritage items and conservation areas.
The following development must not be carried out without development consent:
(a) disturbing or excavating any land while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in an Aboriginal site or an archaeological resource being discovered, exposed, moved, damaged or destroyed, or
(b) damaging, demolishing, defacing, moving or altering a relic, or
(c) demolishing or moving a heritage item or a building, work or place within a conservation area, or
(d) altering a heritage item or a building, work or place within a conservation area by making structural or non structural changes to its exterior, such as changes to its external detail, fabric, finish or appearance, or
(e) making:
(i) structural changes to the detail or fabric of the interior of a heritage item, or
(ii) non-structural changes to the detail, fabric, finish or appearance of the interior of a heritage item listed in Schedule 3 as having an interior of heritage significance, or
(f) erecting a building on, or subdividing, land that is a heritage item or is within a conservation area.
(Repealed)
The specific objectives in relation to the aboriginal sites and relics controls are to:
(a) ensure the conservation of Aboriginal sites and relics, and
(b) ensure that development does not adversely affect Aboriginal sites and relics.
Consent must not be granted to development on an Aboriginal site unless the consent authority:
(a) has considered a statement of heritage impact showing how the proposed development would affect the conservation of the site, and any relic known or likely to be located at the site and an assessment of cultural impacts, and
(b) has considered any submission made by the relevant Aboriginal community about the Aboriginal cultural significance of the site and the impact of the proposed development on the cultural significance of that site, and
(c) (Repealed)
The specific objectives of the archaeological resources controls are to:
(a) ensure the conservation of archaeological resources, and
(b) ensure development does not adversely affect archaeological resources.
Consent must not be granted to development on land that contains an archaeological resource unless the consent authority:
(a) has considered an archaeological assessment that evaluates:
(i) the probable extent, nature and integrity of the archaeological resource at a site, and
(ii) the significance of that resource, and
(iii) the appropriate management for that resource, having regard to its significance and any statutory requirements, and
(b) is satisfied that any necessary excavation permit required under the Heritage Act 1977 has been granted.
The specific objectives of the heritage item controls are to:
(a) prevent the demolition of heritage items, and
(b) provide specific criteria to be considered when determining an application in respect of a heritage item, and
(c) ensure heritage items are conserved and maintained.
When determining whether or not to grant consent to a development application in respect of a heritage item, the consent authority must consider the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
The consent authority’s consideration under subclause (2) must include (but is not limited to) consideration of:
(a) the heritage significance of the item as part of the environmental heritage of North Sydney, and
(b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
(c) the measures proposed to conserve the heritage significance of the item and its setting, and
(d) the extent, if any, to which the carrying out of the proposed development would affect the form of an historic subdivision.
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:
(a) a statement of heritage impact or a conservation management plan, and
(b) a structural engineer’s report.
Consent must not be granted to development involving the complete demolition of a heritage item, until the consent authority has considered:
(a) whether the heritage significance of the heritage item is insufficient to warrant its retention, and
(b) whether the heritage item is reasonably capable of conservation, and
(c) whether the heritage item is not in a structurally sound condition, and
In this clause,
If the work involved in the erection or demolition of a building:
(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.
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.
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
Any such hoarding, fence or awning is to be removed when the work has been completed.
A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:
(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.
Any such sign is to be removed when the work has been completed.
This clause does not apply to:
(a) building work carried out inside an existing building, or
(b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
Each toilet provided:
(a) must be a standard flushing toilet, and
(b) must be connected:
(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.
The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.
In this clause:
A building in respect of which there is a change of building use:
(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.
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.
In this clause,
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.
Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the approved building area.
Where the proposed development may affect drainage of the site, the land surrounding any structure must be graded to divert surface water to the street and clear of existing and proposed structures and adjoining premises.
Where the proposed development may affect drainage of the site and the water falls to the rear of the property, it must be collected and drained via a gravity system (and not by pumpouts, charge lines or on-site disposal) to the Council’s stormwater line or must be disposed of in a manner consistent with the Council’s Soil and Water Management Policy.
Only one common television aerial may be installed.
Any proposed new brickwork must match the existing brickwork.
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.
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.
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.
The reflectivity index of external finishes, including painted surfaces, walls or roof treatment of the proposed development, is to be no greater than 20%.
Service ducts must be provided to keep external walls free of plumbing or any other utility installations.
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.
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.
A disposal schedule for waste materials arising from any demolition and excavation must be submitted to the Council prior to the commencement of work, identifying:
(a) those materials to be recycled, and
(b) those materials to be reused, and
(c) those materials to be disposed of.
A maximum amount of materials must be recycled or reused.
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.
Where kerb and gutter is provided, driveways are to be a minimum of 0.5 m clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including the Council drainage structures, unless prior approval is obtained from the relevant authority.
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.
Driveways are to be a minimum of 6 m from a road intersection.
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.
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:
(i) foundations before footings are laid,
(ii) reinforcement prior to encasement in concrete,
(iii) damp-proofing and flashing prior to covering,
(iv) structural steelwork prior to covering,
(v) timber framing prior to lining,
(vi) stormwater and drainage prior to backfilling, and
(b) on completion of any building work, and
(c) if required by any special conditions relevant to the complying development certificate.
In order to ensure compliance with approved plans, a survey certificate, to Australian Height Datum, must be prepared by a registered surveyor, as follows:
(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.
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.
Unless tested by a person with suitable experience and expertise and shown to be otherwise, buildings constructed before 1970 are assumed to:
(a) have accumulated hazardous amounts of fine lead dust in ceiling and wall cavities, and
(b) contain components and surfaces coated with lead paint.
Appropriate measures to minimise hazards and contamination from lead are to be implemented.
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.
Provision must be made for cigarette butt receptacles on the site to minimise littering.
Demolition, earthworks, building construction and landscaping works are restricted to within the hours of 7.00 am to 5.00 pm, Monday to Friday and on Saturday to within the hours of 8.00 am and 1.00 pm inclusive, with no work on Sundays and public holidays.
Excavation works are restricted to within the hours of 8.00 am and 5.00 pm, Monday to Friday only. (Excavation work includes the operation of any excavation machinery and the use of jack hammers, rock breakers, excavators and the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or involve breaking up or removing materials from the site.)
The builder and any excavator must each display onsite their contact telephone number which is to be clearly visible and legible from any public place adjoining the site.
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.
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.
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.)
All sound producing plant, equipment, machinery or fittings associated with or forming part of any mechanical ventilation system or the refrigeration system involved in the proposed development, must be sound insulated and/or isolated so that the noise emitted does not exceed 5dB(A) above the background level, in any octave band from 63.0 Hz centre frequencies inclusive, at any time the plant is in operation, at the boundary of the site.
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.
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.
On completion of works and prior to occupation, the person with the benefit of the certificate must provide to the Council the following information:
(a) the total tonnage of all waste and excavated material disposed of from the site,
(b) the disposal points and methods used.
Such information must be categorised in accordance with the foregoing and is required for waste research purposes.
Materials or rubbish resulting from any land clearing, demolition and building works must not be burnt on the site.
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.
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.
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.
(Clause 35 (1))
DP | Description | Lot | Address | ||
748772 | 10 (except so much of Lot 10 as is shown zoned Residential C on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 27)”) | 2 | Vale Street | Cammeray | |
11908 | Pt/Cnr | 1 | 580 | Miller Street | Cammeray |
Sec 3 | 14 | 21 | Belmont Avenue | Wollstonecraft | |
69187 | 5 | Kurraba Road | Neutral Bay | ||
68287 | 3 | Kurraba Road | Neutral Bay | ||
333590 | 3 | Kurraba Road | Neutral Bay | ||
935347 | B (except so much of Lot B as forms part of the land shown edged heavy black on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 8)”) | Stannards Place | Kirribilli | ||
4416 | 15 (except so much of Lot 15 as forms part of the land shown edged heavy black on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 8)”) | Stannards Place | Kirribilli | ||
16 (except so much of Lot 16 as forms part of the land shown edged heavy black on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 8)”) | Stannards Place | Kirribilli | |||
17 (except so much of Lot 17 as forms part of the land shown edged heavy black on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 8)”) | Stannards Place | Kirribilli |
(Clause 35 (2))
DP | Description | Lot | Address | ||
112369 | Part of corner lot | 1 | 580 | Miller Street | Cammeray |
663588 | Part of lot | 5 | 20 | The Boulevarde | Cammeray |
19754 | 92 | 23 | Churchill Crescent | Cammeray | |
115700 | Part of lot, being the land in CT Volume 7603 Folio 167 | 1 | Shirley Road | Wollstonecraft | |
409490 | A | 8 | Shirley Road | Wollstonecraft | |
915829 | 1 | Henry Lawson Avenue | McMahons Point | ||
735191 | 6 | Off Cambridge Street | Cammeray | ||
368807 | Y | Cammeray Road | Cammeray |
(Clause 52)
Description | DP | Lot | Address | ||
Rear of No 10 | 184762 | Part 1 | 10 | Benelong Road | Cremorne |
Olympic Park | Alfred Street South | Milsons Point | |||
North Sydney Olympic Pool | Olympic Drive | Milsons Point | |||
552482 | 3 | Berry Street | North Sydney | ||
Land adjacent to No 1 Wonga Rd, 1–13 Little Wonga Rd, 16 Tobruk Ave, known as Little Wonga Road | Little Wonga Road | Cremorne | |||
Mollie Dive Grandstand and its curtilage | 48839 | 1108 | North Sydney Oval, St Leonards Park | North Sydney | |
Duncan Thompson Grandstand | 48839 | 1108 | North Sydney Oval, St Leonards Park | North Sydney | |
Bill O’Reilly Grandstand | 48839 | 1108 | North Sydney Oval, St Leonards Park | North Sydney | |
Macartney Grandstand | 48839 | 1108 | North Sydney Oval, St Leonards Park | North Sydney |
The land described in Part 1 of this Schedule was classified, or reclassified, as operational land for the purposes of the Local Government Act 1993 before the commencement of this plan. Maps showing the land supported North Sydney Local Environmental Plan 1989 (Amendments Nos 45, 55 and 63).
Part of Lot 10, DP 873927, Benelong Lane, being part of Grasmere Reserve, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 20)”
Part of Lot 12, Section 2, DP 4785, Lot 1, DP 980455, Lot 1, DP 572817, Lots A and B, DP 318784, Lot 1, DP 980451, Lots 1–4, DP 1122786 and Lot 2, DP 386815, 4–6 Langley Avenue and 106 and 108 Parraween Street, Cremorne, as shown edged heavy black on the map marked “North Sydney Local Environmental Plan 2001 (Amendment No 50)”
Lots 10–12, Section 4, DP 1265, Lot 1, DP 1081820 and Lot 1, DP 185720, 34–42 Alexander Street
Lot D, DP 396813, being land adjacent to 108 Carabella Street
Lot 1, DP 793871, 57 Kirribilli Avenue
(Clause 36)
DP | Description | Lot | Address | |
440522 | A | 288 | Falcon Street | Neutral Bay |
259885 | 5 | 312 | Falcon Street | Neutral Bay |
812254 | 31 | 310 | Falcon Street | Neutral Bay |
30 | 308 | Falcon Street | Neutral Bay | |
439964 | 2 | 306 | Falcon Street | Neutral Bay |
529485 | 4 | 302 | Falcon Street | Neutral Bay |
3 | 300 | Falcon Street | Neutral Bay | |
2 | 298 | Falcon Street | Neutral Bay | |
1 | 296 | Falcon Street | Neutral Bay | |
442218 | B | 294 | Falcon Street | Neutral Bay |
A | 292 | Falcon Street | Neutral Bay | |
440522 | B | 290 | Falcon Street | Neutral Bay |
259885 | 1 | 39 | Military Road | Neutral Bay |
2 | 37 | Military Road | Neutral Bay | |
3 | 35 | Military Road | Neutral Bay | |
4 | 33 | Military Road | Neutral Bay |
(Repealed)
(Clause 30 (2) (e) and (f))
Alexander Lane, Crows Nest
Angelo Street, North Sydney
Browns Lane, North Sydney
Cheal Lane, Neutral Bay
Church Lane, North Sydney
Cunningham Street, North Sydney
Emmett Lane, Crows Nest
Falcon Lane, Crows Nest
Hayberry Lane, Crows Nest
Hayberry Place, Crows Nest
Hume Lane, Crows Nest
Ingram Lane, Crows Nest
Nicholson Lane, Crows Nest
Wheeler Lane, North Sydney
Wyllie Lane, Cremorne
Zig Zag Lane, Crows Nest
0
0
0