Parramatta City Centre Local Environmental Plan 2007 (NSW)
The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Plan is not a standard local environmental plan, standard clauses have been included in this Plan and the clause numbering from that Order has been retained. This means that the numbering in this Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly.
This Plan is Parramatta City Centre Local Environmental Plan 2007.
This Plan aims to make local environmental planning provisions for land in the Parramatta city centre that are generally in accordance with the relevant standard environmental planning instrument under section 33A of the Act.
The particular aims of this Plan are as follows:
(a) to promote the economic revitalisation of the Parramatta city centre,
(b) to provide a planning framework for Parramatta to fulfil its role as a primary centre in the Sydney Metropolitan Region,
(c) to protect and enhance the vitality, identity and diversity of the Parramatta city centre and promote it as a pre-eminent centre in the Greater Metropolitan Region,
(d) to promote employment, residential, recreational, arts, social, cultural and tourism opportunities within the Parramatta city centre,
(e) to facilitate the development of building design excellence appropriate to a regional city and to improve the quality of urban design and ensure the public domain is safe and attractive,
(f) to enhance access to Parramatta, particularly by public transport, walking and cycling,
(g) to encourage responsible management, development and conservation of natural and man-made resources and to ensure that the Parramatta city centre achieves sustainable social, economic and environmental outcomes,
(h) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Parramatta city centre for the benefit of present and future generations,
(i) to emphasise and interpret the role of the Parramatta River and its foreshore as an important natural focus and link through the Parramatta city centre,
(j) to respect, enhance and interpret the role and place of Parramatta Park and its historic views and setting as an important cultural and natural focus and link to all parts of the Parramatta city centre.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name:
(a) approved by the Minister when the map is adopted, and
(b) as amended from time to time by maps declared by environmental planning instruments to amend that map, and approved by the Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
The maps adopted by this Plan are the Acid Sulfate Soils Map, Flood Prone Land Map, Floor Space Ratio Map, Height of Buildings Map, Heritage Map, Key Sites Map, Land Application Map, Land Reservation Acquisition Map and Land Zoning Map.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application is to be determined as if this Plan had been exhibited but had not commenced.
For the purpose of enabling development on land within any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply:
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).
This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan as provided by section 36 of the Act.
Section 36 of the Act generally provides that SEPPs prevail over REPs and LEPs and that REPs prevail over LEPs. However, a LEP may (by an additional provision included in the Plan) displace or amend a SEPP or REP to deal specifically with the relationship between this Plan and the SEPP or REP.
The following State environmental planning policies and regional environmental plans (or provisions) do not apply to the land to which this Plan applies:
• State Environmental Planning Policy No 1—Development Standards
• State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6)
• State Environmental Planning Policy No 9—Group Homes
• State Environmental Planning Policy No 60—Exempt and Complying Development
• Sydney Regional Environmental Plan No 28—Parramatta
Sydney Regional Environmental Plan No 18—Public Transport Corridors does not apply to land identified as “Area 3” on the Special Provisions Area Map.
The land use zones under this Plan are as follows:
• Business Zones • B3 Commercial Core
• B4 Mixed Use
• B5 Business Development
• Special Purpose Zones • SP2 Infrastructure
• Recreation Zones • RE1 Public Recreation
• RE2 Private Recreation
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Table at the end of this Part specifies for each zone:
(a) the objectives for development, and
(b) development that may be carried out without consent, and
(c) development that may be carried out only with consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Table at the end of this Part:
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 15 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with consent.
Before granting consent, the consent authority:
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a) with consent, or
(b) if the Schedule so provides—without consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with consent.
However, consent is not required for a subdivision for the purpose only of any one or more of the following:
(a) widening a public road,
(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e) rectifying an encroachment on a lot,
(f) creating a public reserve,
(g) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.
If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for any temporary purpose for a maximum period of 12 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that:
(a) the temporary use is necessary and reasonable for the economic use of the land pending its subsequent development in accordance with this Plan and other relevant environmental planning instruments, and
(b) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any such other instrument, and
(c) the temporary use does not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(d) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(e) at the end of the temporary use period, the use and any associated structures will be removed and the site appropriately restored.
• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses which serve the needs of the local and wider community, including:
• commercial and retail development,
• cultural and entertainment facilities that cater for a range of arts and cultural activity, including events, festivals, markets and outdoor dining,
• tourism, leisure and recreation facilities,
• social, education and health services.
• To encourage appropriate employment opportunities in accessible locations.
• To maximise public transport patronage and encourage walking and cycling.
• To strengthen the role of the Parramatta city centre as the regional business, retail and cultural centre, and as a primary retail centre in the Greater Metropolitan Region.
• To create opportunities to improve the public domain and pedestrian links throughout the Parramatta city centre.
• To provide for the retention and creation of view corridors.
• To protect and enhance the unique qualities and character of special areas and heritage values within the Parramatta city centre.
• To protect and encourage accessible city blocks by providing active frontages to streets, and a network of pedestrian-friendly streets, lanes and arcades.
Nil
Advertisements; Business premises; Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Child care centres; Community facilities; Educational establishments; Entertainment facilities; Food and drink premises; Function centres; Hospitals; Hotel accommodation; Information and education facilities; Kiosks; Markets; Medical centres; Medical research and development facilities; Mixed use developments (not including residential accommodation); Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Public halls; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Serviced apartments; Sex services premises; Tourist and visitor accommodation
Any other development not otherwise specified in item 2 or 3
• To provide a mixture of compatible land uses.
• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
• To create opportunities to improve the public domain and pedestrian links within the Mixed Use Zone.
• To support the higher order Commercial Core Zone while providing for the daily commercial needs of the locality, including:
• commercial and retail development,
• cultural and entertainment facilities that cater for a range of arts and cultural activity, including events, festivals, markets and outdoor dining,
• tourism, leisure and recreation facilities,
• social, education and health services,
• high density residential development.
• To protect and enhance the unique qualities and character of special areas within the Parramatta city centre.
Nil
Any other development not otherwise specified in item 2 or 4
Car parks (except those required by this Plan or public car parking provided by or on behalf of the Council); Caravan parks; Dual occupancies; Dwelling houses; Extractive industries; Home occupation (sex services); Industries; Light industrial retail outlets; Mines; Vehicle body repair workshops; Warehouse or distribution centres
• To enable a mix of office, retail and warehouse uses in locations which are close to, and which support the viability of, centres.
• To maintain the economic strength of centres by limiting the retailing of food and clothing.
• To provide for automotive businesses, trades and services to reinforce the existing functions of land within the zone,
• To ensure that development is arranged and carried out in a way that does not intrude on the amenity of adjoining residential areas or detract from the function of commercial development in the commercial core.
Nil
Bulky goods premises; Business premises; Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Child care centres; Community facilities; Educational establishments; Hotel accommodation; Landscape and garden supplies; Light industrial retail outlets; Light industries; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Retail premises; Roads; Sex services premises; Timber and building supplies; Vehicle repair stations; Vehicle showrooms; Warehouse or distribution centres
Any other development not otherwise specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To provide for classified roads.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Car parks; Drainage; Roads; Utility installations
Any other development not otherwise specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To conserve, enhance and promote the natural assets and cultural heritage significance of Parramatta Park.
• To recognise and increase Parramatta Park’s role as a community and recreational resource for the people of Parramatta and Western Sydney.
• To improve public access to Parramatta Park and the Parramatta River and to ensure the Park forms an extension to the civic and public spaces of the city centre.
• To achieve environmental management best practice that promotes the natural assets of Parramatta Park.
• To protect the ecological, scenic and historical values along the Parramatta River.
• To allow for water-based recreation and related uses.
• To create a riverfront recreational opportunity that provides for a high quality relationship between the built and natural environment.
Environmental facilities; Environmental protection works
Boat sheds; Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Child care centres; Community facilities; Cycle ways; Fences; Information and education facilities; Jetties; Kiosks; Markets; Picnic facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads; Sea walls; Slipways; Walking trails; Water recreation structures; Waterway access stairs; Wharves
Any other development not otherwise specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To conserve the heritage significance and values of Parramatta Park and its setting, including significant views.
Environmental facilities; Environmental protection works
Car parks (but only as required by this Plan or public car parking provided by or on behalf of the Council); Child care centres; community facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads
Any other development not otherwise specified in item 2 or 3
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a) must be of minimal environmental impact, and
(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development:
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, and
(e) must not create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c) the development is designated development, or
(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995).
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
To be complying development, the development must:
(a) be permissible, with consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Division 1 of Part 1 of Schedule 3 is subject to the conditions (if any) set out in Division 2 of that Part.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause:
(a) a sensitive coastal location, or
(b) coastal waters of the State, or
(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, or
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, or
(f) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(g) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, or
(h) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(i) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
The objectives of this Plan for the control of the height of buildings are as follows:
(a) to allow sunlight access to key areas of the public domain by ensuring that further overshadowing of parks, the river and community places is avoided or limited during nominated times,
(b) to provide high quality urban form for all buildings,
(c) to maintain satisfactory sky exposure and daylight to existing buildings, to the sides and rear of tower forms and to public areas, including parks, streets and lanes,
(d) to ensure that taller development occurs on sites capable of providing appropriate urban form and amenity,
(e) to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan,
(f) to require the height of future buildings to have regard to heritage sites, and their settings, their views and their visual interconnections,
(g) to ensure the preservation of historic views shown in the City Centre Development Control Plan.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 21 may be carried out, but only with consent.
Development consent must not be granted to any such development unless the consent authority is satisfied that:
(a) the architectural roof feature:
(i) comprises a decorative element on the uppermost portion of a building, and
(ii) is not an advertising structure, and
(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv) will cause minimal overshadowing, and
(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
The objectives of this Plan for the control of floor space ratios are as follows:
(a) to ensure a degree of equity in relation to development potential for sites of different sizes and for sites located in different parts of the Parramatta city centre,
(b) to ensure that proposals for new buildings are assessed with due regard to the design excellence and built form provisions of this Plan,
(c) to provide sufficient floor space for high quality development for the foreseeable future,
(d) to regulate density of development and generation of vehicular and pedestrian traffic,
(e) to encourage increased building height and site amalgamation at key locations.
Except as provided by subclauses (3) and (4A) and clause 22B, the floor space ratio of a building on any land is not to exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map.
The maximum floor space ratio for buildings on land for which the maximum floor space ratio shown on the Floor Space Ratio Map is specified in Column 1 of the Table, is the amount specified opposite that floor space ratio in:
(a) Column 2 of the Table, if the site area for the development is less than or equal to 1,000m
2 , or(b) Column 3 of the Table, if the site area for the development is greater than 1,000m
2 but less than 2,500m2 , or(c) Column 4 of the Table, if the site area for the development is equal to or greater than 2,500m
2 .
TABLE – FLOOR SPACE RATIO
Column 1 | Column 2 | Column 3 | Column 4 |
6:1 | 4:1 | (4 + 2X):1 | 6:1 |
8:1 | 5:1 | (5 + 3X):1 | 8:1 |
10:1 | 6:1 | (6 + 4X):1 | 10:1 |
For the purposes of Column 3 of the Table to subclause (3):
• X = (the site area in square metres − 1000)/1500
The maximum floor space ratio for any development that does not include residential accommodation on land identified as “Area 2” on the Special Provisions Area Map is as follows:
(a) if the floor space ratio for all development on land identified as “Area 1” on that map does not exceed 2:1—11:1,
(b) if the floor space ratio for all development on land identified as “Area 1” on that map exceeds 2:1—6:1.
Despite any other provision of this Plan, the following are not to be considered in the calculation of floor space ratios for the purposes of this Plan:
(a) land owned by the Council that is used for public access purposes, roads or laneways,
(b) any part of a building used as a public right of way at ground floor level if that use is required by the consent authority as a condition of development consent,
(c) any part of a building used for public information facilities at ground floor level, if the facility is required by the Council as a condition of development consent.
The objectives of this clause are as follows:
(a) to ensure that, visually, buildings have an appropriate overall horizontal proportion compared to their vertical proportions,
(b) to ensure that vehicular access is reasonably spaced and separated along roads and lanes,
(c) to provide appropriate dimensions for the design of car parking levels,
(d) to encourage larger development of commercial office, business, residential and mixed use buildings provided for under this Plan.
Development consent must not be granted to the erection of a building that does not have at least one street frontage of 20m or more on land zoned B3 Commercial Core, B4 Mixed Use or B5 Business Development.
Despite subclause (2), the consent authority may grant consent to the erection of a building on land referred to in that subclause if:
(a) it is satisfied that due to the physical constraints of the site or adjoining sites it is not possible for the building to be erected with at least one street frontage of 20m or more, and
(b) has take into account the objectives of this clause.
This clause applies to development involving the construction of a new building or external alterations to an existing building.
Consent must not be granted to development to which this clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.
In considering whether development to which this clause applies exhibits design excellence, the consent authority must have regard to the following matters:
(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,
(c) whether the proposed development detrimentally impacts on view corridors,
(d) whether the proposed development detrimentally impacts on land protected by a sun access plane control established for that land in the City Centre Development Control Plan,
(e) how the proposed development addresses the following matters:
(i) the suitability of the land for development,
(ii) existing and proposed uses and use mix,
(iii) heritage and archaeological issues and streetscape constraints,
(iv) the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v) bulk, massing and modulation of buildings,
(vi) street frontage heights,
(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(viii) the principles of ecologically sustainable development,
(ix) pedestrian, cycle, vehicular and service access, circulation and pedestrian permeability,
(x) the impact on, and any proposed improvements to, the public domain,
(xi) any relevant special character area statement in the City Centre Development Control Plan.
Consent must not be granted to the following development to which this Plan applies unless an architectural design competition, that is consistent with the City Centre Development Control Plan has been held in relation to the proposed development:
(a) development for which an architectural design competition is required as part of a concept plan approved by the Minister under Division 3 of Part 3A of the Act,
(b) development in respect of a building that is, or will be, greater than 55m or 13 storeys (or both) in height,
(c) development having a capital value of more than $1,000,000 on a key site, being a site shown edged heavy black and distinctively coloured on the Key Sites Map,
(d) development for which the applicant has chosen to have such a competition.
Subclause (4) does not apply if the Director-General certifies in writing that the development is one for which an architectural design competition is not required.
The consent authority may grant consent to the erection or alteration of a building to which this clause applies that has a floor space ratio of up to 10 per cent greater than that allowed by clause 22 or a height of up to 10 per cent greater than that allowed by clause 21, but only if:
(a) the design of the building or alteration is the result of an architectural design competition, and
(b) the concurrence of the Director-General has been obtained to the development application.
In determining whether to provide his or her concurrence to the development application, the Director-General is to take into account the result of the architectural design competition (if any).
In this clause:
Consent must not be granted for any new building, or an alteration to an existing building that increases the gross floor area of the building, that is to be used for a purpose set out in Column 1 to the Table to this clause unless the consent authority is satisfied that car parking to be provided in relation to that purpose does not exceed the maximum number set out opposite that purpose in Column 2 to the Table.
For the purposes of this clause, the following are to be included as part of a building’s gross floor area:
(a) any area of the building that is used for car parking and is at or above existing ground level,
(b) any area of the building that is used for car parking below existing ground level, except where the car parking is provided as required by this clause.
Car parking that is required to be provided under subclause (1) in relation to commercial activities must be provided on site unless the consent authority is satisfied that car parking will be adequately provided for elsewhere.
Council owned public car parking is not to be included as part of a building’s gross floor area.
Table
Column 1 | Column 2 |
Proposed use of building | Maximum number of parking spaces |
Child care centres | A maximum of 1 parking space to be provided for every 4 child care places |
Commercial | A maximum of 1 parking space to be provided for every 100m |
Drive-in take-away food and drink premises with seating | A maximum of 1 parking space to be provided for every 10m |
Health consulting rooms | A maximum of 1 parking space to be provided for every 300m |
Hostels and nursing homes | A maximum of 1 parking space to be provided for every 10 beds plus 1 parking space to be provided for every 2 employees plus 1 parking space to be provided that is suitable for an ambulance |
Hotel accommodation | A maximum of 1 parking space to be provided for every 5 hotel units plus 1 parking space to be provided for every 3 employees |
Motels | A maximum of 1 parking space to be provided for every 2 motel units plus 1 parking space to be provided for every 3 employees |
Multi dwelling housing: 1, 2 and 3 bedrooms | A maximum of 1 parking space to be provided for every dwelling plus 1 parking space to be provided for every 5 dwellings for visitors |
Restaurants | A maximum of 1 parking space to be provided for every 10m |
Seniors housing | A maximum of 1 parking space to be provided for every 10 dwellings plus 1 parking space to be provided for every 10 dwellings for visitors |
Shops | A maximum of 1 parking space to be provided for every 30m |
Warehouses or distribution centres | A maximum of 1 parking space to be provided for every 300m |
Buildings on land to which this Plan applies must be erected so that the separation distance:
(a) from neighbouring buildings, and
(b) between separate towers or other separate raised parts of the same building,
is not less than that provided for in the City Centre Development Control Plan.
Before granting consent for development for the purposes of a building, the consent authority must have regard to the principles of ecologically sustainable development as they relate to the proposed development based on a “whole of building” approach, by considering each of the following:
(a) greenhouse gas reduction,
(b) embodied energy in materials and building processes,
(c) building design and orientation,
(d) passive solar design and day lighting,
(e) natural ventilation,
(f) energy efficiency and energy conservation,
(g) water conservation and water reuse,
(h) waste minimisation and recycling,
(i) reduction of car dependence,
(j) potential for adaptive reuse.
Development consent must not be granted to development on land zoned B3 Commercial Core for the purpose of the strata subdivision of a building or part of a building that is or has been used for serviced apartments.
Development consent must not be granted to development on land in Zone B4 Mixed Use for the purpose of the strata subdivision of a building or part of a building that is or has been used for serviced apartments, unless the consent authority is satisfied that the following design principles are achieved for the development as if it were development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies:
(a) the design quality principles set out in Schedule 1 to that Policy,
(b) the design principles of the Apartment Design Guide (within the meaning of that Policy).
Development consent must not be granted to development on the following land, comprising the eastern part of the land bounded by Macquarie Street, Smith Street, Darcy Street and Church Street, for the purpose of serviced apartments:
(a) that part of Lot 2, DP 1192394, that is in Zone B3 Commercial Core,
(b) Lot 1, DP 863571 (153 Macquarie Street),
(c) Lot 1, DP 1192394 (169 Macquarie Street),
(d) Lot 1, DP 1136922 (1 Smith Street).
The objectives of this clause are as follows:
(a) to ensure development in and around Special Areas is compatible with the particular character and significance of each Special Area,
(b) to reinforce the specific attributes and qualities of the built form of each Special Area.
The consent authority, in considering a development application for land in or adjoining a Special Area identified in the City Centre Development Control Plan, must have regard to the objectives for the Special Area set out in that Plan.
(Repealed)
This clause applies to the following land:
(a) 83 Church Street, Parramatta, being Lot 10, DP 733044 and 44 Early Street, Parramatta, being Lot B, DP 304570 (
Site 1 ),(b) 63 Church Street, Parramatta, being Lot 20, DP 732622 (
Site 2 ).
The objectives of this clause are to ensure that the development on Site 1 and Site 2:
(a) provides employment opportunities in the precinct by ensuring that a minimum proportion of the available floor space is provided for commercial purposes, and
(b) does not adversely impact the amenity of the precinct by reason of the scale and bulk of the development.
Before granting development consent for development for the purposes of a new building, or extension of an existing building, on Site 1 or Site 2, the consent authority must take into account the objectives of this clause.
Development consent must not be granted for development (including staged development) for the purposes of a new building, or extension of an existing building, on Site 1 unless the following conditions are satisfied:
(a) at least 40% of the gross floor area of Site 1 is used for a purpose other than residential accommodation or serviced apartments,
(b) the floor space ratio of Site 1 is:
(i) if the development includes a basement to be used for commercial purposes—7.2:1,
(ii) in any other case—6.4:1,
(c) the gross floor area of each storey of a building above a height of 40 metres does not exceed 700m
2 .
Development consent must not be granted for development (including staged development) for the purposes of a new building, or extension of an existing building, on Site 2 unless at least 40% of the gross floor area of Site 2 is used for a purpose other than residential accommodation or serviced apartments.
This clause applies to land marked “Area 4” on the Special Provisions Area Map.
Despite clauses 21, 22 and 22B (6), the consent authority may grant consent to development involving the construction of a new building or external alterations to an existing building on land to which this clause applies if:
(a) the design of the building or alteration is the result of an architectural design competition as required by clause 22B (4), and
(b) the consent authority is of the opinion that the building or alteration exhibits design excellence with regard to the design criteria specified in clause 22B (3), and
(c) the development continues to include a public car park on the site (the area of which is not subject to paragraphs (e) and (f)), and
(d) the development does not result in a building with a maximum building height that exceeds 91.3 metres above natural ground level, and
(e) the development does not result in a building with a maximum gross floor area that exceeds 36,000 square metres, excluding any floor space used only for private balconies and communal open space, and
(f) the development does not result in a building with a maximum gross floor area that exceeds 2,750 square metres that is used for the purposes of communal open space and private balconies.
In this clause:
The objectives of this clause are:
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause or of State Environmental Planning Policy No 1—Development Standards.
Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Director-General has been obtained.
In addition to the matters set out in subclause (4), consent must not be granted for development that contravenes a development standard on land on which there is a heritage item unless the consent authority is satisfied of each of the matters set out in clause 35 (9) (a)–(e).
In deciding whether to grant concurrence, the Director-General must consider:
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow consent to be granted for development that would contravene any of the following:
(a) a development standard for complying development,
(b) a development standard for development in the coastal zone.
The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted by section 8 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Roads and Traffic Authority |
Zone SP2 Infrastructure and marked “Local road” | Council |
Zone SP2 Infrastructure and marked “Public transport corridor (SREP 18)” | The corporation constituted by section 8 of the Act |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
Consent for development on land reserved for the purposes of a classified road may, before the land becomes a classified road, be granted only if:
(a) (Repealed)
(b) the development is of a kind, or is compatible with development of a kind, that may be carried out on land in an adjoining zone.
In deciding whether to grant consent to proposed development under this clause, the Council must take the following matters into consideration:
(a) the need to carry out development on the land for the purposes of a classified road or a proposed classified road,
(b) the imminence of acquisition of the land by the RTA,
(c) the likely additional cost to the RTA resulting from the carrying out of the proposed development.
The objective of this clause is to enable the Council, by means of this Plan, to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant classification Plan and, by the operation of that Plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In this clause, the
Before the relevant classification Plan inserted a description of land into Part 2 of Schedule 4, the Governor approved of subclause (5) applying to the land.
The objective of this clause is to allow the use of educational establishments, including their site and facilities, for other community purposes.
An educational establishment (including the site and facilities) may, with development consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.
Nothing in this clause requires consent to carry out development on any land if that development could, but for this clause, be carried out on that land without consent.
A person must not, without development consent, carry out development for the purpose of an advertisement (other than development that is exempt development).
Despite subclause (1), development for the purpose of any one or more of the following is prohibited:
(a) an advertisement on land that is within a heritage conservation area or on which there is a heritage item,
(b) an advertisement on land zoned RE1 Public Recreation or RE2 Private Recreation,
(c) (Repealed)
(d) pole or pylon advertising signs (being an advertisement erected on a pole or pylon and independent of any building or other structure),
(e) moveable and freestanding “A” frame signs on public land.
Before granting development consent for development that involves the erection or display of signage, the consent authority must be satisfied that the signage:
(a) is compatible with the desired amenity and visual character of the area, and
(b) provides effective communication in suitable locations, and
(c) is of high quality design and finish.
Development consent may be granted to the carrying out of development for the purpose of restricted premises only if the consent authority is satisfied that:
(a) no part of the restricted premises, other than an access corridor, will be located within 1.5m (measured vertically) from any adjoining footpath, roadway, arcade or other public thoroughfare, and
(b) no part of the restricted premises or building in which the premises will be situated will be used as a dwelling unless separate access will be available to the dwelling, and
(c) any signage related to the premises will be of a size, shape and content that does not interfere with the amenity of the locality, and
(d) no other objects, products or goods related to the restricted premises will be visible from outside the premises.
In determining an application to carry out development for the purpose of sex services premises, the consent authority must consider the following:
(a) whether the operation of the sex services premises will be likely to cause a disturbance in the neighbourhood because of its size, location, hours of operation or clients or the number of employees and other people working in it,
(b) whether the operation of the sex services premises will be likely to interfere with the amenity of the neighbourhood,
(c) whether the operation of the sex services premises will be likely to cause a disturbance in the neighbourhood when taking into account other sex services premises operating in the neighbourhood involving similar hours of operation.
Development consent must not be granted to development for the purposes of sex services premises in a building that contains a dwelling if all or part of the access to the sex services premises is shared with the dwelling.
The objective of this clause is to minimise the impacts of telecommunications facilities and retain streetscape amenity.
Development consent is required to carry out development for the purpose of a telecommunications facility if the development includes:
(a) the erection of a structure or facility, or
(b) the carrying out of work for the purpose of a telecommunications facility.
The consent authority must consider the following before determining an application for any such consent:
(a) any potential to install the facility underground,
(b) any potential to co-locate the facility with existing facilities or other structures,
(c) any impact of the facility on visual amenity,
(d) any impact of the facility on the heritage significance of the area,
(e) any impact of the facility on vegetation and street infrastructure.
This clause does not apply to the following:
(a) the installation of low impact facilities (as listed in the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth) or subscriber cabling, including cabling across streets,
(b) the installation of defence facilities,
(c) the installation of facilities authorised by a facility installation permit within the meaning of Part 1 of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth,
(d) the inspection of land, including making surveys, sinking bores, digging pits and examining soil,
(e) the maintenance of telecommunications facilities, including the alteration, removal, repair or replacement of the whole or part of the facility, and the cutting down or lopping of vegetation.
The ground floor of any development that is a building on land zoned B3 Commercial Core is to have active street frontages and is to be used for any one or more of the following purposes:
• business premises; educational establishments; entertainment facilities; function centres; hotel accommodation; medical centres; office premises; registered clubs; retail premises or other similar active uses.
Despite subclause (1), an active street frontage is not required in respect of any part of a building:
(a) that faces a service lane that, in the opinion of the consent authority, does not require active street frontages, or
(b) that is used for any of the following purposes:
(i) lobbies for any commercial, residential, serviced apartment or hotel component of the development,
(ii) access for fire services,
(iii) vehicle access.
The objective of this clause is to protect public open space in the vicinity of the Parramatta Square site, the Lancer Barracks site and Jubilee Park from overshadowing.
Despite any provision of Part 4, development is prohibited on land to which this Plan applies if the development results in any part of a building projecting above the sun access plane controls established for that land by the City Centre Development Control Plan.
The objectives of this clause are:
(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads (within the meaning of the Roads Act 1993), and
(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.
Consent must not be granted to the development of land that has a frontage to a classified road unless the consent authority is satisfied that:
(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and
(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the proposed development as a result of:
(i) the design of the vehicular access to the land, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the proposed development.
The objective of this clause is to ensure that development for the purpose of residential accommodation, places of public worship, hospitals, educational establishments or other noise sensitive buildings in the proximity of operating or proposed railways is not adversely affected by rail noise or vibration.
This clause applies to land comprising, or within 60m of, an operating railway line or land reserved for the construction of a railway line (referred in this clause as a
Development consent must not be granted to development:
(a) that is within a rail corridor, and
(b) that the consent authority considers is, or is likely to be, adversely affected by rail noise or vibration,
unless the consent authority is satisfied that the proposed development incorporates all practical mitigation measures for rail noise or vibration recommended by Rail Corporation New South Wales for development of that kind.
The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
The objectives of this clause are:
(a) to maintain the existing flood regime and flow conveyance capacity, and
(b) to enable safe occupation of flood prone land, and
(c) to avoid significant adverse impacts upon flood behaviour, and
(d) to avoid significant adverse effects on the floodplain environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and
(e) to limit uses to those compatible with flow conveyance function and flood hazard.
Before determining an application for consent to carry out development on flood prone land, the consent authority must consider:
(a) the impact of that development on:
(i) flood behaviour, including the flood peak at any point upstream or downstream of the site of the development, and
(ii) the flow of floodwater on adjoining lands, and
(iii) the flood hazard or risk of flood damage to property and persons, and
(iv) erosion, siltation or destruction of riparian vegetation in the area, and
(v) the water table on any adjoining land, and
(vi) riverbank stability, and
(vii) the safety in time of flood of the site of the development and of any buildings or works intended to be erected or carried out, and
(viii) the hydraulic capacity of flood prone land in the locality, and
(ix) the provision of emergency equipment, personnel, welfare facilities or other resources that might be needed for an evacuation resulting from flooding, and
(x) the risk to life and personal safety of any emergency service and rescue personnel who might be involved in any such evacuation, and
(xi) the cumulative impact of further development on flooding, and
(xii) the potential for pollution during flooding, and
(b) the impact that flooding will have on the proposed development, including the flood liability of access to the site of the proposed development, and
(c) the provisions of any floodplain management plan adopted by the Council that applies to the land.
The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
Development consent is required for the carrying out of works described in the Table to this subclause on land of the class specified for those works, except as provided by this clause.
Class of land shown on the Acid Sulfate Soils Map | Works |
1 | Any works. |
2 | Works below the natural ground surface. Works by which the watertable is likely to be lowered. |
3 | Works beyond 1m below the natural ground surface. Works by which the watertable is likely to be lowered beyond 1m below the natural ground surface. |
4 | Works beyond 2m below the natural ground surface. Works by which the watertable is likely to be lowered beyond 2m below the natural ground surface. |
5 | Works within 500m of adjacent Class 1, 2, 3 or 4 land that is below 5m Australian Height Datum by which the watertable is likely to be lowered below 1m Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
Consent is not to be granted under this clause unless:
(a) an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Guidelines and has been provided to the consent authority, and
(b) (Repealed)
Consent is not required under this clause for the carrying out of works if:
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Guidelines indicates that an acid sulfate soils management plan need not be carried out for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
This clause requires consent for the carrying out of works by a public authority. However, consent is not required for the carrying out of any of the following work by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power):
(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the work has been damaged, ceased to function or poses a risk to the environment or to public health and safety,
(b) routine management work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that would result in the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
This clause does not require consent to carry out any works unless:
(a) the works involve the disturbance of more than one tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works, or
(b) the works are likely to lower the water table.
The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.
This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) a development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation area.
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 35 will be applicable to any such consent.
This clause does not apply to or in respect of:
(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
The objectives of this clause are:
(a) to conserve the environmental heritage of Parramatta city centre, and
(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, layout, settings and views, and
(c) to conserve archaeological sites and relics, and
(d) to conserve places of Aboriginal heritage significance.
Development consent is required for any of the following:
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building, by making changes to significant elements of its interior,
(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, consent under this clause is not required if:
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development:
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority may, before granting consent to any development on land:
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area 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 may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site, be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 21 days after the notice is sent.
The Council maintains an Aboriginal heritage sensitivity database to provide information to assist in determining whether a place is of Aboriginal heritage significance.
Development that impacts on an Aboriginal object may require a permit under the National Parks and Wildlife Act 1974.
(Repealed)
The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan if the consent authority is satisfied that:
(a) the conservation of the heritage item is facilitated by the granting of consent, and
(a1) if the development is to contravene a development standard, the additional value that contravention of the development standard will add to the development is consistent with the value of conserving the heritage item, and
(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and
(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
(Repealed)
The consent authority must not grant consent to development on land identified in the City Centre Development Control Plan as being within a historic view corridor unless it has taken into account the impact that the development may have on any such historic view corridor.
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
The objective of this clause is to facilitate the establishment of:
(a) permanent group homes in which disabled persons or socially disadvantaged persons may live in an ordinary residential household environment instead of an institutional environment, and
(b) transitional group homes which provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of an institutional environment for such purposes as alcohol or drug rehabilitation and half-way rehabilitation for persons formerly living in institutions and refuges for men, women or young persons.
If development for the purpose of a dwelling house or a dwelling in a residential flat building may lawfully be carried out in accordance with this Plan, development for the purposes of a group home may, subject to this clause, be carried out.
Consent is required to carry out development for the purposes of a transitional group home.
Consent is required to carry out development for the purposes of a permanent group home that contains more than 5 bedrooms.
Consent is required to carry out development for the purposes of a permanent group home that contains 5 or less bedrooms and that is occupied by more residents (including any resident staff) than the number equal to the number calculated by multiplying the number of bedrooms in that home by 2.
Consent may not be refused under this clause unless an assessment has been made of the need for the group home concerned.
Nothing in this clause requires consent to be obtained by the Department of Housing (or by a person acting jointly with the Department of Housing) to carry out development for the purposes of a transitional group home.
Nothing in this Plan is to be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:
(a) the carrying out of development of any description specified in subclauses (2)–(12), or
(b) the use of existing buildings of the Crown by the Crown.
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b) the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c) the construction of new railways, railway stations and bridges over roads, and
(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:
(a) development of any description at or below the surface of the ground,
(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the commencement of this Plan of any plant or other structures or erections required in connection with the station or substation,
(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housing of stone, concrete or brickworks,
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e) the erection of service reservoirs on land acquired or in the process of being acquired for that purpose before the commencement of this Plan, provided reasonable notice of the proposed erection is given to the consent authority,
(f) any other development, except:
(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(ii) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(b) any facility for providing fuelling, sewage pump-out or other services for boats, and
(c) any facility for launching or landing boats, such as slipways or hoists, and
(d) any associated car parking, commercial, tourist or recreational or club facility that is ancillary to a boat storage facility, and
(e) any associated single mooring.
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
The term is defined as follows:
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
The term is defined as follows:
(1) Native vegetation means any of the following types of indigenous vegetation:(a) trees (including any sapling or shrub, or any scrub),
(b) understorey plants,
(c) groundcover (being any type of herbaceous vegetation),
(d) plants occurring in a wetland.
(2) Vegetation is
indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.(3) Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
Typical natural water-based aquaculture is fin fish culture in cages and oyster, mussel or scallop culture on or in racks, strings or cages.
(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Typical pond based aquaculture is the pond culture of prawns, yabbies or silver perch.
The term is defined as follows:
The term is defined as follows:
(a) means entertainment to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission and an entertainment does not cease to be a public entertainment merely because:
(i) some (but not all) persons may be admitted to the entertainment otherwise than on payment of money, or other consideration, as the price or condition of admission, or
(ii) such payment, or other consideration, is demanded as the charge for a meal or other refreshment, or for any other service or thing, before admission to the entertainment is granted or as the charge for the entertainment after admission to the entertainment has been granted, and
(b) includes a public meeting.
The term is defined as follows:
The term is defined as follows:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
The term is defined as follows:
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) that relates to the settlement of the area of Parramatta, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
(a) agricultural produce industry, or
(b) livestock processing industry, or
(c) use of composting facilities and works (including to produce mushroom substrate), or
(d) use of sawmill or log processing works, or
(e) use of stock and sale yards, or
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,
undertaken for commercial purposes.
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for:
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g)
staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
(a) land within 100 metres above mean high water mark of the sea, a bay or an estuary,
(b) a coastal lake,
(c) a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(d) a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,
(e) land declared as an aquatic reserve under the Fisheries Management Act 1994,
(f) land declared as a marine park under the Marine Parks Act 1997,
(g) land within 100 metres of any of the following:
(i) the water’s edge of a coastal lake,
(ii) land to which paragraph (b), (c), (d) or (e) applies,
(iii) land reserved under the National Parks and Wildlife Act 1974,
(iv) land to which State Environmental Planning Policy No 14—Coastal Wetlands applies,
(h) residential land (within the meaning of State Environmental Planning Policy No 26—Littoral Rainforests) that is within a distance of 100 metres from the outer edge of the heavy black line on the series of maps held in the Department of Planning and marked “State Environmental Planning Policy No 26—Littoral Rainforests (Amendment No 2)”.
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed decks, pergolas and the like.
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows:
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of this Act.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
The term is defined as follows:
(a) used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
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