Randwick Local Environmental Plan 1998 (Consolidation) (NSW)

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Part 1Preliminary1Name of plan

This plan is called Randwick Local Environmental Plan 1998 (Consolidation).

2Aims

The aims of this plan are:

  • (a)

    to consolidate and review existing planning controls in the City of Randwick, and

  • (b)

    to reduce the number of zones into which land is divided, and

  • (c)

    to create a broad framework of planning controls within which the Council may prepare development control plans to formulate and adopt more detailed policies and guidelines relating to matters of significance for local environmental planning, and

  • (d)

    to ensure that development is carried out in such a way as to allow the economic and efficient provision of public services and amenities, and

  • (e)

    to ensure the conservation of the environmental heritage and aesthetic character of the City, and

  • (f)

    to facilitate and encourage community consultation and participation in the planning process, and

  • (g)

    to promote, protect and enhance the environmental qualities of the City, and

  • (h)

    to recognise the importance of ecological sustainability in the planning and development processes, and

  • (i)

    to recognise the responsibilities of accountability in the planning processes, and

  • (j)

    to enhance individual and community economic well-being and welfare and safeguard the welfare of future generations, and

  • (k)

    to encourage consideration of social consequences when decisions are made in the implementation of this plan, and

  • (l)

    to encourage the provision of housing mix and tenure choice, including affordable housing, in the City, and

  • (m)

    to encourage the retention of affordable housing in the City in a variety of types and tenures.

Purpose: To establish and specify the aims of this plan.

2ANotes

Notes in this plan (other than those prefaced with “Purpose:”) do not form part of this plan.

3Land to which plan applies

This plan applies to all land situated in the City of Randwick.

Purpose: To identify the land that this plan applies to.

4Relationship to other environmental planning instruments(1)

This plan repeals:

  • (a)

    the Randwick Planning Scheme Ordinance, and

  • (b)

    Randwick Local Environmental Plan No 71 (Coogee Precinct), and

  • (c)

    all other local environmental plans, other environmental planning instruments and deemed environmental planning instruments which, immediately before the appointed day, applied to land to which this plan applies, but to the extent only to which those plans so applied to that land.

(2)

Despite subclause (1) (c), the following continue to apply to the land to which this plan applies:

  • (a)

    State Environmental Planning Policy No 1—Development Standards,

  • (b)–(d)

    (Repealed)

  • (e)

    State Environmental Planning Policy No 19—Bushland in Urban Areas,

  • (f)

    (Repealed)

  • (g)

    State Environmental Planning Policy No 32—Urban Consolidation (Redevelopment of Urban Land),

  • (h)

    State Environmental Planning Policy No 33—Offensive and Hazardous Development,

  • (i)

    State Environmental Planning Policy No 34—Major Employment-Generating Industrial Development,

  • (j)

    State Environmental Planning Policy No 38—Olympic Games and Related Projects, and

  • (k)

    Sydney Regional Environmental Plan No 7—Multi-Unit Housing: Surplus Government Sites.

Purpose: To establish the relationship between this plan and other environmental planning instruments, particularly the previous local planning controls and State policies and regional plans.

5Suspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this plan or with a development 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.

(2)

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, or

  • (f)

    to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

6Consent authority

The Council is the consent authority for the purposes of this plan.

Purpose: To nominate the Council as the authority for the granting of consents required by this plan.

7Savings(1)

Any development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the environmental planning instruments that were in force immediately before the commencement of this plan.

(2)

However, when determining an application to which this clause applies, the Council must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

Purpose: To provide protection for development applications lodged prior to the gazettal of this plan and establish that those applications are to be assessed and determined under the planning controls that applied at the time of lodgement of the application. Subclause (2) requires the provisions of this plan to still be considered (in the same way as if it were a draft plan) in the determination of applications to which the savings provision applies.

Part 2Zones8Zones

The Table below specifies the zones that apply in the City of Randwick and how those zones are shown on the map.

Table

Zone No 2A (Residential A Zone)—coloured light pink

Zone No 2B (Residential B Zone)—coloured medium pink

Zone No 2C (Residential C Zone)—coloured dark pink

Zone No 2D (Residential D—Comprehensive Development Zone)—coloured medium pink with green vertical hatching

Zone No 3A (General Business Zone)—coloured light blue

Zone No 3B (Local Business Zone)—coloured dark blue

Zone No 4A (Industrial Zone)—coloured light purple

Zone No 4B (Port Botany Zone)—coloured dark purple

Zone No 5 (Special Uses Zone)—coloured yellow

Zone No 6A (Open Space Zone)—coloured dark green

Zone No 6B (Private Open Space Zone)—coloured light green

Zone No 7 (Environmental Protection—Natural Heritage Areas Zone)—coloured grey-green

Zone No 8 (National Parks Zone)—uncoloured and edged dark green

Purpose: To specify the zones that apply to land under the provisions of this plan and how they are shown on the map.

9Objectives

The Council may grant consent to the carrying out of development on land to which this plan applies only after it has considered the extent to which the proposed development is consistent with the general aims of this plan and the specific objectives of the zone within which the development is proposed.

Purpose: To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications.

10Zone No 2A (Residential A Zone)(1)

The objectives of Zone No 2A are:

  • (a)

    to provide a low density residential environment, and

  • (b)

    to maintain the desirable attributes of established residential areas, and

  • (c)

    to protect the amenity of existing residents, and

  • (d)

    to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

  • (e)

    to encourage housing affordability, and

  • (f)

    to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Development for the purpose of the following requires development consent:

  • Attached dual occupancy; Bed and breakfast accommodation; Boarding houses; Child care centres; Communication facilities; Community facilities; Dwelling houses; Earthworks; Educational establishments; Health consulting rooms; Home activities; Outdoor advertising; Places of worship; Public transport; Recreation facilities; Roads

(4)

Any development not included in subclause (2) or (3) is prohibited.

11Zone No 2B (Residential B Zone)(1)

The objectives of Zone No 2B are:

  • (a)

    to provide for a low to medium density residential environment, and

  • (b)

    to maintain the desirable attributes of established residential areas, and

  • (c)

    to protect the amenity of existing residents, and

  • (d)

    to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

  • (e)

    to encourage housing affordability, and

  • (f)

    to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Development for the purpose of the following requires development consent:

  • Bed and breakfast accommodation; Boarding houses; Child care centres; Communication facilities; Community facilities; Dwelling houses; Earthworks; Educational establishments; Health consulting rooms; Home activities; Multi-unit housing; Outdoor advertising; Places of worship; Public transport; Recreation facilities; Roads; Serviced apartments

(4)

Any development not included in subclause (2) or (3) is prohibited.

12Zone No 2C (Residential C Zone)(1)

The objectives of Zone No 2C are:

  • (a)

    to provide for a medium density residential environment, and

  • (b)

    to maintain the desirable attributes of established residential areas, and

  • (c)

    to protect the amenity of existing residents, and

  • (d)

    to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

  • (e)

    to encourage housing affordability, and

  • (f)

    to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Development for the purpose of the following requires development consent:

  • Bed and breakfast accommodation; Boarding houses; Car parks; Child care centres; Communication facilities; Community facilities; Dwelling houses; Earthworks; Educational establishments; Health consulting rooms; Home activities; Hospitals; Motels; Multi-unit housing; Outdoor advertising; Places of worship; Public transport; Recreation facilities; Roads; Serviced apartments

(4)

Any development not included in subclause (2) or (3) is prohibited.

12AZone No 2D (Residential D—Comprehensive Development Zone)(1)

The objectives of Zone No 2D are:

  • (a)

    to allow the comprehensive redevelopment of land for primarily residential and open space purposes, and

  • (b)

    to enable development that is consistent with a development control plan prepared in accordance with clause 40A and approved by the Council, and

  • (c)

    to enable residential development in a variety of density and housing forms, where such development does not adversely affect the amenity and function of surrounding areas, and

  • (d)

    to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality, and

  • (e)

    to allow a limited range and scale of non-residential uses, that are compatible with residential amenity on land identified for those uses within a development control plan prepared in accordance with clause 40A and approved by the Council, and

  • (f)

    to encourage housing affordability, and

  • (g)

    to allow a range of community uses to be provided to serve the needs of residents, workers and visitors.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Development for the purpose of the following requires development consent:

  • Bed and breakfast accommodation; Boarding houses; Car parks (ancillary to primary land use); Child care facilities; Communication facilities; Community facilities; Dwelling houses; Earthworks; Educational establishments; Health consulting rooms; Home activities; Multi-unit housing; Outdoor advertising; Places of worship; Public transport; Recreation facilities; Residential care facilities; Restaurants; Roads; Serviced apartments

(4)

Any development not included in subclause (2) or (3) is prohibited.

13Zone No 3A (General Business Zone)(1)

The objectives of Zone No 3A are:

  • (a)

    to maintain the viability of existing business centres, and

  • (b)

    to facilitate the orderly and economic development of land as business centres, for commercial, retail, residential and community purposes by:

    • (i)

      introducing controls for the bulk and scale of buildings, and

    • (ii)

      encouraging economically viable retail cores which are centrally located and in close proximity to public transport, and

    • (iii)

      improving employment opportunities, and

    • (iv)

      servicing the needs of the local and regional community, and

    • (v)

      encouraging the provision and use of public transport, and

    • (vi)

      providing and improving pedestrian and public open space areas for shoppers and workers, and

    • (vii)

      maintaining and improving the environmental and aesthetic qualities of the City of Randwick, and

  • (c)

    to minimise the impact of development on adjoining and nearby residential zones, and

  • (d)

    to encourage housing affordability.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Any development not included in subclause (2) or (4) requires development consent.

(4)

Development for the purpose of the following is prohibited:

  • Animal establishments; Bulk stores; Caravan parks; Container depots; Generating works; Hazardous industries; Hazardous storage establishments; Heliports; Industries; Landscape and garden supplies; Offensive industries; Offensive storage establishments; Panel beating workshops; Potentially hazardous industries; Potentially offensive industries; Transport depots; Warehouses; Waste management facilities

14Zone No 3B (Local Business Zone)(1)

The objectives of Zone No 3B are:

  • (a)

    to provide opportunities for local retail and business development in the City of Randwick, and

  • (b)

    to provide opportunities for associated development such as car parking and service industries, and

  • (c)

    to provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone, and

  • (d)

    to minimise the impact of development on adjoining and nearby residential zones, and

  • (e)

    to encourage housing affordability, and

  • (f)

    to encourage the provision and use of public transport.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Any development not included in subclause (2) or (4) requires development consent.

(4)

Development for the purpose of the following is prohibited:

  • Amusement centres; Animal establishments; Automotive uses; Backpacker accommodation; Brothels; Bulk stores; Bulky goods premises; Caravan parks; Container depots; Dwellings (other than those attached to buildings involved in other uses which are permissible in this zone); Generating works; Hazardous industries; Hazardous storage establishments; Helicopter landing sites; Heliports; Industries; Light industries; Multi-unit housing (other than dwellings attached to buildings involved in other uses which are permissible in this zone); Offensive industries; Offensive storage establishments; Panel beating workshops; Plant and equipment hire; Potentially hazardous industries; Potentially offensive industries; Restricted premises; Serviced apartments; Transport depots; Warehouses; Waste management facilities

15Zone No 4A (Industrial Zone)(1)

The objectives of Zone No 4A are:

  • (a)

    to accommodate both traditional and modern forms of industrial development, and

  • (b)

    to ensure industrial development creates areas which are pleasant to work in, and

  • (c)

    to ensure safe and efficient transportation, land utilisation and service distribution, and

  • (d)

    to encourage innovation and development in industries, and

  • (e)

    to improve the physical environment of the City of Randwick, and

  • (f)

    to enable development for the purpose of retailing and commercial offices only where it is associated with and ancillary to industrial use of the same land.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Any development not included in subclause (2) or (4) requires development consent.

(4)

Development for the purpose of the following is prohibited:

  • Backpacker accommodation; Bed and breakfast accommodation; Boarding houses; Bulky goods premises; Business premises; Caravan parks; Child care centres; Dwellings; Educational establishments; Generating works; Hazardous industries; Hazardous storage establishments; Heliports; Hospitals; Markets; Medical centres; Motels; Multi-unit housing; Offensive industries; Offensive storage establishments; Restaurants; Serviced apartments

16Zone No 4B (Port Botany Zone)(1)

The objectives of Zone No 4B are:

  • (a)

    to facilitate the development and operation of Port Botany as a major cargo handling and distribution centre, and

  • (b)

    to allow a range of activities which complement the continued and effective operation of the port, and

  • (c)

    to encourage development of, and accommodate innovation in, the sources of economic growth, and

  • (d)

    to improve the physical environment, and

  • (e)

    to enable development for the purposes of retailing or commercial offices only where it is associated with and ancillary to port activities.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation

(3)

Development for the purpose of the following requires development consent:

  • Bulk stores; Communication facilities; Container depots; Earthworks; Generating works; Outdoor advertising; Port facilities; Potentially hazardous industries; Potentially offensive industries; Roads; Timber and building supplies; Transport depots; Warehouses; Waste management facilities

(4)

Any development not included in subclause (2) or (3) is prohibited.

17Zone No 5 (Special Uses Zone)(1)

The objectives of Zone No 5 are:

  • (a)

    to accommodate development by public authorities on publicly owned land, and

  • (b)

    to accommodate development for educational, religious, public transport or similar purposes on both publicly and privately owned land, and

  • (c)

    to enable associated and ancillary development, and

  • (d)

    to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

  • (e)

    to allow for the redevelopment of land no longer required for a special use.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Public utility undertakings; Recreation; Roads

(3)

Development for the purpose of the following requires development consent:

  • Animal establishments; Bed and breakfast accommodation; Boarding houses; Car parks; Cemeteries; Child care centres; Clubs; Communication facilities; Community facilities; Dwellings; Dwelling houses; Earthworks; Educational establishments; Health consulting rooms; Helicopter landing sites; Home activities; Hospitals; Markets; Multi-unit housing; Outdoor advertising; Penitentiaries; Places of worship; Plant nurseries; Public transport; Recreation facilities; Restaurants

(4)

Any development not included in subclause (2) or (3) is prohibited.

18Zone No 6A (Open Space Zone)(1)

The objectives of Zone No 6A are:

  • (a)

    to identify publicly owned land used or capable of being used for public recreational purposes, and

  • (b)
  • to allow development that promotes, or is related to, the use and enjoyment of open space, and

  • (c)

    to identify and protect land intended to be acquired for public open space, and

  • (d)

    to identify and protect natural features that contribute to the character of the land, and

  • (e)

    to enable the sustainable management of the land.

(2)

Development for the purpose of the following does not require development consent:

  • Public utility undertakings; Recreation; Works (but not buildings) involved in landscaping, gardening or bushfire hazard reduction

(3)

Development for the purpose of the following requires development consent:

  • Buildings ordinarily incidental or ancillary to landscaping, gardening or bushfire hazard reduction; Car parks; Child care centres; Clubs; Communication facilities; Community facilities; Earthworks; Helicopter landing sites; Markets; Outdoor advertising; Public transport; Recreation facilities; Restaurants; Roads

(4)

Any development not included in subclause (2) or (3) is prohibited.

19Zone No 6B (Private Open Space Zone)(1)

The objective of Zone No 6B is to enable private recreation facilities to be provided on privately owned land.

(2)

Development for the purpose of the following does not require development consent:

  • Public utility undertakings; Recreation; Works (but not buildings) involved in landscaping, gardening or bushfire hazard reduction

(3)

Development for the purpose of the following requires development consent:

  • Buildings ordinarily incidental or ancillary to landscaping, gardening or bushfire hazard reduction; Car parks; Child care centres; Clubs; Communication facilities; Community facilities; Earthworks; Helicopter landing sites; Markets; Outdoor advertising; Public transport; Recreation facilities; Restaurants; Roads

(4)

Any development not included in subclause (2) or (3) is prohibited.

19AZone No 7 (Environmental Protection—Natural Heritage Areas Zone)(1)

The objectives of Zone No 7 are:

  • (a)

    to identify, protect, conserve and improve natural heritage areas, and

  • (b)

    to enable the sustainable management of natural heritage areas, and

  • (c)

    to prohibit development that could adversely affect natural heritage values, and

  • (d)

    to enable public access and passive recreation, and

  • (e)

    to provide for buffer areas, and

  • (f)

    to identify, protect, conserve and improve land that is a habitat corridor.

(2)

Development for the purpose of the following does not require development consent:

  • Bushfire hazard reduction; Environmental management works; Public utility undertakings; Recreation

(3)

Development that, in the opinion of the consent authority, is consistent with the objectives of this zone and is described in an adopted management plan for the land requires development consent.

(4)

Development for the purposes of the following requires development consent:

  • Earthworks

(5)

Any development not included in subclause (2), (3) or (4) is prohibited.

20Zone No 8 (National Parks Zone)(1)

The objectives of Zone No 8 are:

  • (a)

    to identify land dedicated or reserved under the National Parks and Wildlife Act 1974, and

  • (b)

    to allow for the management and use of that land.

(2)

Development for the purpose of the following does not require development consent:

  • Any building, work, place or land use authorised by or under the National Parks and Wildlife Act 1974, including any incidental or ancillary building, work, place or land use

(3)

Any development not included in subclause (2) is prohibited.

Part 2AExempt and complying development20AExempt and complying development(1)

Development of minimal environmental impact listed as exempt development in Table A of Development Control Plan—Exempt and Complying Development, as adopted by the Council on 25 September 2007 is exempt development, despite any other provision of this plan.

(2)

Development listed as complying development in Tables B, C and D of Development Control Plan—Exempt and Complying Development, as adopted by the Council on 25 September 2007 is complying development if:

  • (a)

    it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

  • (b)

    it is not an existing use as defined in section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan—Exempt and Complying Development, as adopted by the Council on 25 September 2007.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan—Exempt and Complying Development, adopted by the Council, as in force when the certificate is issued.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt and complying development under the Policy. The Policy has State-wide application and commenced on 27 February 2009. If any development specified by the Policy is the same as the development specified by Development Control Plan for Exempt and Complying Development approved by the Council on 25 September 2007, the Development Control Plan will no longer apply to that development.

Part 2BPrincipal development standards20BMinimum allotment sizes(1)

The minimum allotment size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No 2A is 400 square metres and each allotment must have a frontage of at least 12 metres.

(2)

The minimum allotment size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No 2B or 2C is 325 square metres and each allotment must have a frontage of at least 9 metres. This requirement does not apply to development for the purposes of multi-unit housing.

(3)

The minimum allotment size for the erection of a dwelling house within Zone No 2A is 400 square metres and the allotment must have a frontage of at least 12 metres.

(4)

The minimum allotment size for an attached dual occupancy within Zone No 2A is 450 square metres and the allotment must have a frontage of at least 15 metres.

(5)

This clause does not prohibit the erection of a dwelling house within Zone No 2A, 2B or 2C on an allotment of land that existed as a separate allotment on the appointed day.

Purpose: To establish minimum requirements for the subdivision of land within residential zones in order to protect and improve local amenity.

20CSite specific development controls(1)

This clause applies to land the subject of a built form control map inset.

(2)

The maximum floor space ratios for development of land to which this clause applies are shown on the built form control map inset for that land.

(3)

The minimum landscaped areas for development of land to which this clause applies are shown on the built form control map inset for that land.

(4)

The maximum building and wall heights for development of land to which this clause applies are shown on the built form control map inset for that land.

(5)

In this clause:

built form control map inset means an inset shown on the map and marked “Inset 1—Pindari Built Form Controls”, “Inset 2—Bundock Street Built Form Controls” or “Inset 3—Prince Henry Built Form Controls”.

Purpose: To provide for controls in relation to the size, scale and site coverage of development on land the subject of a built form control map inset.

20DTraffic and transport measures for Zone No 2D(1)

This clause applies to land within Zone No 2D (Residential D—Comprehensive Development Zone).

(2)

Despite any other provision of this plan, the Council must not grant consent to development of land within Zone No 2D unless it is satisfied that any relevant traffic or transport measures that may apply will be met.

20ELandscaped area(1)

Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area.

(2)

Development, otherwise than for the purpose of a dwelling house, within Zone No 2B or 2C must provide a minimum of 50% of the total site area as landscaped area.

(3)

Landscaped areas over podiums or excavated basement areas must not exceed 50% of the landscaped area requirements specified in subclauses (1) and (2).

Purpose: To operate together with controls for floor space ratio and building height to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

20FFloor space ratios(1)

The maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within Zones Nos 2A, 2B and 2C is 0.5:1, 0.65:1 and 0.9:1, respectively.

(2)

Despite subclause (1), the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No 2C is 0.65:1 where the site area is less than 700 square metres.

(3)

The maximum floor space ratios for buildings within Zones Nos 3A and 3B are shown by distinctive shading on the map.

(4)

The maximum floor space ratio for buildings within Zone No 4A or 4B is 1:1.

(5)

The maximum floor space ratio for buildings within Zone No 5 to be used for the purpose of boarding houses, dwellings or multi-unit housing (or any two or more of them) is 0.5:1.

(6)

The area of the access corridor for a battleaxe allotment is not to be included in the calculation of the floor space ratio of any building on the allotment.

Purpose: To operate together with controls for building height and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

20GBuilding heights(1)

The maximum height for a building, other than a dwelling house, within Zone No 2A or 2B is 9.5 metres measured vertically from any point on ground level.

(2)

The maximum height for a building, other than a dwelling house, within Zone No 2C is 12 metres measured vertically from any point on ground level.

(3)

The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A or 2B is 7 metres measured vertically from any point on ground level.

(4)

The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2C is 10 metres measured vertically from any point on ground level.

(5)

The maximum height for buildings within Zone No 3A or 3B are shown by distinctive shading on the map.

(6)

For the purposes of this clause, chimneys, vents and other service installations may exceed the specified height limits, but only where the Council is satisfied that they will not adversely affect the amenity of adjoining or nearby land.

Purpose: To operate together with controls for floor space ratio and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

Part 3Miscellaneous provisions21Subdivision—consent requirements(1)

Land to which this plan applies may be subdivided, but only with consent.

(2)

However, consent is not required for a subdivision within Zone No 8, or a subdivision for the purpose only of any one or more of the following:

  • (a)

    widening a public road,

  • (b)

    a minor realignment of boundaries that does not create:

    • (i)

      additional lots or the opportunity for additional dwellings, or

    • (ii)

      lots that are smaller than the minimum size provided for by or under this plan in relation to the land concerned,

  • (c)

    a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,

  • (d)

    rectifying an encroachment on a lot,

  • (e)

    creating a public reserve,

  • (f)

    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 toilets.

22Services

The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.

Purpose: To ensure that adequate provision is made for the supply of water, and for sewage and drainage services.

23–26A

(Repealed)

27Aircraft noise(1)

This clause applies to land where the ANEF contour exceeds 20.

(2)

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the proposed development meets the requirements of AS 2021 regarding interior noise levels relevant to the particular type of development.

(3)

In this clause:

ANEF means a relevant Australian Noise Exposure Forecast contour map showing the forecast of aircraft noise levels that is expected to exist in the future produced in accordance with the Guidelines for the Production of Noise Contours for Australian Airports published by Airservices Australia.

AS 2021 means AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.

Purpose: To ensure that development for the purposes of residential accommodation, places of worship, hospitals, educational establishments or other noise sensitive buildings are not adversely affected by aircraft noise.

28Tree preservation orders(1)

The Council may, by resolution, make a tree preservation order.

(2)–(4)

(Repealed)

(5)

Where a tree preservation order is in force, a person must not, on land to which it applies, ringbark, cut down, top, lop, remove, injure or destroy any tree covered by the order without the consent of the Council.

(6)

Subclause (5) does not apply where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous or where the tree is dealt with in accordance with a permit granted by the Council.

(7)

Before granting a consent or permit referred to in subclause (5) or (6), the Council must make an assessment of the importance of the tree or trees concerned in relation to:

  • (a)

    soil stability and prevention of land degradation, and

  • (b)

    scenic or environmental amenity, and

  • (c)

    vegetation systems and natural wildlife habitats.

(8)

This clause does not apply to work carried out under section 48 of the Electricity Supply Act 1995.

Purpose: To establish procedures for the proper management of trees in order to minimise the unnecessary loss of significant tree resources.

29Foreshore scenic protection area(1)

The foreshore scenic protection area is shown on the map.

(2)

The consent authority may only grant consent to a building within the foreshore scenic protection area after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

Purpose: To protect and improve the visual qualities of visually prominent areas along the coast.

30Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by New South Wales Fire Brigades or by a private service provider.

(2)

The following development may be carried out, but only with consent:

  • (a)

    converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider,

  • (b)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

  • (c)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying development if it consists only of:

  • (a)

    internal alterations to a building, or

  • (b)

    internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)

A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)

In this clause:

private service provider means a person or body that has entered into an agreement that is in force with New South Wales Fire Brigades to monitor fire alarm systems.

30A–33

(Repealed)

34Boarding houses(1)

This clause applies to a building or place that is used for the purpose of a boarding house and includes any vacant building or part of a building that, when last used or occupied, was used or occupied as a boarding house.

(2)

The consent of the Council is required in respect of a building or place to which this clause applies:

  • (a)

    to a different use of the building or place resulting from a change of the use of the building or place to another use not being a boarding house, or

  • (b)

    to demolish the building or place, or

  • (c)

    to make any alterations or additions to the building or place.

(3)

When determining an application required by this clause, the Council may grant its consent only where it has made an assessment of and considered the implications of:

  • (a)

    the need to retain the particular type of housing in relation to any identified needs of the local area, and

  • (b)

    the accumulated impact that the loss of the building or place for use as a boarding house will have on the supply of that type of housing in the local area, and

  • (c)

    any building and fire safety requirements, and

  • (d)

    the financial viability of the continued use of the building or place as a boarding house, and

  • (e)

    whether arrangements have been made or will be made to assist residents who may be displaced by the development, and

  • (f)

    the availability of other buildings suitable for use as affordable housing, having regard to their location, type, size, rent levels and available services, and

  • (g)

    any adverse social and economic effects caused by the development on affordable housing stocks and on households in the local community on very low, low or moderate incomes who are spending 30% or greater of gross incomes on rent or home purchase expenses.

Purpose: To make provision for the assessment of the cumulative loss of boarding house accommodation.

35Business premises in residential zones

Despite clauses 10, 11 and 12, the Council may grant consent to the development of land within Zone No 2A, 2B or 2C for the purpose of business premises, but only if the Council is satisfied that the proposed use:

  • (a)

    is to be situated in a building, or part of a building, that was originally designed or constructed (or both) for use as business premises, and

  • (b)

    does not occupy more than 100 square metres of floor space.

Purpose: To provide for the establishment and continued operation of small scale business development in residential zones.

35ACertain non-residential uses in Zone No 2D

Despite clause 12A, the consent authority may grant consent to development for the purpose of business premises, neighbourhood shops or medical centres on land within Zone No 2D, but only if it is satisfied that the development:

  • (a)

    is located on land identified as an activity strip in a development control plan for the land, approved by the Council, and

  • (b)

    is limited to:

    • (i)

      in the case of land to which Prince Henry Site Development Control Plan approved by the Council on 27 July 2004 applies, ground floor non-residential uses and first floor non-residential uses, and

    • (ii)

      in any other case, to ground floor non-residential uses, and

  • (c)

    is consistent with residential amenity, and

  • (d)

    primarily serves the local community.

Purpose: To provide for the establishment of small scale businesses and services with active street frontages in locations identified in a development control plan.

36Additional development in industrial zones(1)

Despite clause 15, the consent authority may grant consent to the carrying out of development on land within Zone No 4A for the purpose of a panel beating workshop, but only if:

  • (a)
  • the land does not adjoin land within a residential zone, and

  • (b)

    it is satisfied that arrangements are made to store on the site of the proposed development, and either within a building or within a screened area, all vehicles awaiting or undergoing repair, awaiting collection or otherwise involved with the proposed workshop.

(2)

Despite clause 15, the consent authority must not grant consent to the development of land within Zone No 4A for the purpose of a container depot or transport depot on land shown by distinctive shading on the map.

(3)

The consent authority may grant consent to the development of land within Zone No 4A or 4B only if it has considered the Port Botany Land Use Safety Study Overview Report published in 1996 by the former Department of Urban Affairs and Planning, a copy of which is deposited in the office of the Council.

Purpose: To establish criteria for the assessment of applications for certain types of development in industrial zones, particularly having regard to the impact of those activities on nearby residential areas.

37Development in the Port Botany industrial area

The Council may grant consent to the development of land within Zone No 4B only if it is satisfied that the proposed development is, by virtue of the nature of the activity or activities involved, suited to being in close proximity to Port Botany and will not adversely affect the continued operation of the port.

Purpose: To reinforce the importance of the role and function of the land within Zone No 4B to the continued operation of Port Botany as a major shipping and cargo handling facility.

37ADevelopment in Special Uses Zone

The Council may grant consent to the development of land within Zone No 5 only if it is satisfied that the proposed development is compatible with the character of the locality and will not adversely affect the amenity of nearby and adjoining development.

Purpose: To ensure that consideration is given to the impact of development proposals within the Special Uses Zone on other development and uses in the locality. This clause should reduce the potential for adverse impact on nearby development and on the amenity and character of the locality.

38Development in open space zones(1)

When determining an application for consent to carry out development on land within Zone No 6A or 6B, the consent authority must consider:

  • (a)

    the need for the proposed development on that land, and

  • (b)

    whether the proposed development promotes or is related to the use and enjoyment of open space, and

  • (c)

    the impact of the proposed development on the existing or likely future use and character of the land, and

  • (d)

    the need to retain the land for its existing or likely future use.

(2)

Despite clause 18, the consent authority may grant consent to the development of land within Zone No 6A for purposes (including business premises) permitted by a management plan adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (1), suited to a location in that zone.

(3)

Despite clause 19, the consent authority may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (1), suited to a location in that zone.

(4)

Nothing in this plan requires the Centennial Park and Moore Park Trust (or any person authorised by the Trust) to obtain the consent of the consent authority to carry out development on Trust lands (within the meaning of the Centennial Park and Moore Park Trust Act 1983) for the purpose of anything authorised by section 9 (1) of that Act.

Purpose: To establish criteria for the assessment of applications for development in open space zones, and provide for greater flexibility in the development of open space areas for recreation and leisure activities where there is an adopted management plan.

39Unzoned land(1)

A person may, with the consent of the Council, carry out development on land shown unzoned on the map for the purpose of anything which is permissible on land adjoining that land.

(2)

Despite subclause (1), the consent of the Council is not required for development of unzoned land for the purpose of a public utility undertaking.

Purpose: To establish consent requirements for the development of land shown as unzoned on the map and to link those requirements to the land uses permissible in adjoining zones.

40Earthworks

When determining an application for consent to carry out earthworks the consent authority must consider:

  • (a)

    the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and

  • (b)

    the effect of the proposed works on the likely future use or redevelopment of the land.

Purpose: To ensure consideration is given to drainage and soil stability issues when determining a development application for earthworks.

40ASite specific development control plans(1)

The consent authority must not grant consent to a development application made in respect of a site area consisting of more than 10,000 square metres of land unless a site specific development control plan for the development of that land has been prepared in accordance with this clause.

(2)

A site specific development control plan is to be prepared following consultation with the Council and is to address, illustrate and explain, where appropriate, proposals in relation to the land covering the following range of matters (but is not limited to them):

  • (a)

    design principles drawn from an analysis of the site and its context,

  • (b)

    phasing of development,

  • (c)

    distribution of land uses, including public open space and environmental protection areas,

  • (d)

    subdivision pattern,

  • (e)

    building envelopes and built form controls,

  • (f)

    heritage conservation, including both Aboriginal and European heritage,

  • (g)

    infrastructure provision,

  • (h)

    remediation of the site,

  • (i)

    pedestrian, cycle and road access and circulation network, with particular regard to public transport servicing,

  • (j)

    parking provision,

  • (k)

    provision of public facilities,

  • (l)

    impact on, and improvements to, the public domain,

  • (m)

    provision of open space, its function and landscaping,

  • (n)

    identification and conservation of native flora and fauna habitat on the site, including any threatened species, populations or ecological communities,

  • (o)

    the principles of ecologically sustainable development,

  • (p)

    identification, extent and management of buffer areas,

  • (q)

    identification, extent and management of water courses, wetlands and riparian lands, whether identified on the map or not,

  • (r)

    identification, extent and management of habitat corridor,

  • (s)

    identification, extent and constraints of acid sulfate soils,

  • (t)

    opportunities to apply integrated natural water cycle design,

  • (u)

    opportunities to apply integrated renewable energy design,

  • (v)

    provision of housing mix and tenure choice, including affordable housing.

(3)

A proposal referred to in subclause (2) must conform to the requirements for development of the site made by this plan and any other environmental planning instrument.

(4)

The consent authority may waive the requirement for a development control plan, but only if it is satisfied:

  • (a)

    that the proposed development is of a minor nature only or is ancillary to the current use of the land, or

  • (b)

    that adequate guidelines and controls applying to the land are already in place.

Purpose: To require the development of large sites to be in the context of a site specific development control plan.

40BRelevant acquisition authority(1)

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 owner-initiated acquisition provisions).

Note—

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.

(2)

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 No 6A Open Space Zone and marked “Open space”

Council

(3)

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.

Note—

If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, this instrument is required to be amended to designate the acquiring authority for that land (see section 27 of the Act). The Minister for Planning is required to take action to enable the designation of the acquiring authority under this instrument. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991).

41Temporary use of land(1)

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.

(2)

Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary purpose for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that:

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any such other instrument, and

  • (b)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (c)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (d)

    at the end of the temporary use period the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

41AInterim use of land(1)

Despite any other provisions of this plan, the Council may grant consent to development on land within any zone for an interim period of up to 5 years, but only where the Council is satisfied that:

  • (a)

    the interim use is necessary and reasonable for the economic use of the land pending its subsequent development in accordance with this plan, and

  • (b)

    the interim use will not prejudice the eventual development of the land in accordance with the objectives of this plan, and

  • (c)

    the use will not adversely affect residential amenity and permissible development in accordance with this plan on other sites in the locality, and

  • (d)

    appropriate arrangements have been made for the reinstatement of the site so that it may be used in accordance with the objectives of this plan.

(2)

Before granting consent for development as allowed by this clause, the Council must be satisfied that the development will cease within such time as is permitted by the Council.

Purpose: To make provision for the interim use or development of land pending development in accordance with the existing zoning.

42Development of land for certain additional purposes

Despite the provisions of this plan, a person may, with the consent of the Council, carry out development on land described in Column 1 of Schedule 2 that is specified in Column 2 of that Schedule, subject to any conditions that may be specified in Column 3 of that Schedule.

Purpose: To make provision for additional uses of land in certain specified circumstances, where those uses are not permissible under the existing zoning of the land.

42AClassification and reclassification of public land as operational

The public land described in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

42BContaminated land

Despite any other provisions of this plan, the Council must not grant consent to the development of contaminated land within any zone unless the Council is satisfied:

  • (a)

    that the contaminated land will, after being remediated, be suitable for the purpose for which development is proposed to be carried out, and

  • (b)

    that the contaminated land will be remediated before the land is used for that purpose, and

  • (c)

    that the use of the land for that purpose is permissible in the zone.

Purpose: To ensure land will be suitable after remediation for the purpose for which the development is proposed and that the land will be remediated to that suitable standard before it is used.

42CKensington Town Centre(1)

This clause applies to land comprising the Kensington Town Centre, as shown edged heavy black on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 27)” deposited in the office of Randwick City Council.

(2)

The Council must not grant consent to the carrying out of development on land within the Kensington Town Centre unless it is satisfied that the proposed development is consistent with the following objectives for the Kensington Town Centre:

  • (a)

    to achieve high quality design in all new development and improvements undertaken in the public domain,

  • (b)

    to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality,

  • (c)

    to provide opportunities for residential development in the town centre that compliment the primary business function of the town centre,

  • (d)

    to encourage a variety of medium density housing forms that compliment the development within the town centre and that do not have an adverse impact on surrounding residential areas,

  • (e)

    to encourage the amalgamation of land to facilitate redevelopment within the town centre,

  • (f)

    to facilitate development within the town centre that supports the regional entertainment industry,

  • (g)

    to ensure that social and cultural needs are considered with any development proposals in the town centre,

  • (h)

    to encourage and facilitate the provision of vehicular access and off-street parking to support the local businesses,

  • (i)

    to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in the town centre,

  • (j)

    to ensure appropriate conservation of the environmental heritage and recognition of the characteristics of buildings with architectural merit,

  • (k)

    to require and encourage environmentally sustainable approaches to future land use and development,

  • (l)

    to improve the overall environmental quality of the Kensington Town Centre.

(3)

Clauses 20E, 20F, 20G and 35 do not apply to the land within the Kensington Town Centre.

(4)

The following requirements of the Kensington Town Centre Development Control Plan 2002 adopted by the Council on 26 November 2002 apply to the development of land within the Kensington Town Centre as if they were incorporated into this plan:

  • (a)

    maximum number of storeys,

  • (b)

    maximum height of development,

  • (c)

    minimum frontage for development,

  • (d)

    minimum allotment size for development.

(5)

For the purpose of subclause (4):

  • (a)

    ground level is to be calculated as an average of levels across the allotment frontage, and

  • (b)

    height is to be calculated as the height measured vertically from ground level to the underside of the ceiling of the topmost floor.

42DMaroubra Junction Town Centre(1)

This clause applies to the land comprising the Maroubra Junction Town Centre, as identified by heavy black edging on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 33)”, deposited in the office of Randwick City Council.

(2)

The Council must not grant consent to the carrying out of development on land within the Maroubra Junction Town Centre unless it is satisfied that the proposed development is consistent with the zone objectives for the land and the following objectives for the Maroubra Junction Town Centre:

  • (a)

    to achieve high quality design in all new developments and improvements undertaken in the public domain,

  • (b)

    to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality and local government area,

  • (c)

    to provide opportunities for residential development in the town centre that complement the primary business function of the town centre,

  • (d)

    to encourage a variety of housing forms that complements development within the town centre and do not impact adversely upon the amenity of surrounding residential areas,

  • (e)

    to ensure that social and cultural needs are considered with any development proposals in the town centre,

  • (f)

    to encourage and facilitate the provision of vehicular access and off-street parking to support businesses in the town centre,

  • (g)

    to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in town centre,

  • (h)

    to require and encourage environmentally sustainable approaches to future land use and development, and

  • (i)

    to improve the overall environmental quality of the Maroubra Junction Town Centre.

(3)

Clauses 20E and 20F, 20G do not apply to the land within the Maroubra Junction Town Centre.

(4)

The maximum number of storeys requirement of the Maroubra Junction Town Centre Development Control Plan adopted by the Council on 18 November 2003 applies to the development of land within the Maroubra Junction Town Centre as if it were incorporated into this plan.

(5)

For the purpose of subclause (4), the maximum number of storeys must correspond with the building height as set out in the Table to subclause (6).

(6)

For the purpose of this clause the maximum height of development is as follows:

Table

No of storeys

Maximum building height to underside of ceiling (m)

1

4.5

2

9.0

3

12.0

4

15.0

5

18.0

6

21.0

7

24.0

8

26.7

(7)

For the purpose of this clause, building height is to be calculated as the distance measured vertically from ground level taken from each point on the boundary of the site to the underside of the ceiling of the topmost floor.

(8)

For the purpose of this clause, storeys means habitable floors, excluding underground car parking.

42DAMatraville Town Centre(1)

This clause applies to land comprising the Matraville Town Centre, as shown edged heavy black on Sheet 1 of the map marked “Randwick Local Environmental Plan 1998 (Amendment No 37)” deposited in the office of Randwick City Council.

(2)

The Council must not grant consent to the carrying out of development on land within the Matraville Town Centre unless it is satisfied that the proposed development is consistent with the zone objectives for the land and the following objectives for the Centre:

  • (a)

    to achieve high quality design in all new development and improvements undertaken in the public domain,

  • (b)

    to encourage a vibrant and active town centre that provides a range of core neighbourhood facilities and services that benefit the locality and community,

  • (c)

    to provide opportunities for residential development in the town centre that complement the primary business function of the town centre,

  • (d)

    to encourage a variety of housing that complements development within the town centre and does not impact adversely upon the amenity of surrounding residential areas,

  • (e)

    to ensure that social and cultural needs are considered with any development proposals in the town centre,

  • (f)

    to encourage and facilitate the provision of appropriate vehicular access and off-street parking to support businesses in the town centre,

  • (g)

    to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in the town centre,

  • (h)

    to require and encourage environmentally sustainable approaches to future land use and development,

  • (i)

    to improve the overall environmental quality of the Matraville Town Centre.

(3)

Clauses 20E and 20F, 20G do not apply to the land within the Matraville Town Centre.

(4)

The following requirements of the Matraville Town Centre Development Control Plan, as approved by Council on 11 April 2006, apply to the development of land within the Matraville Town Centre as if they were incorporated into this plan:

  • (a)

    maximum number of storeys,

  • (b)

    maximum height of development.

(5)

Subject to subclause (7), the maximum number of storeys must correspond with the building height as set out in the Table to subclause (6).

(6)

For the purposes of this clause, the maximum height of development is as follows:

Table

No of storeys

Maximum building height (m)

1

3.5

2

7.0

3

9.9

4

12.8

5

15.7

(7)

If a supermarket or pedestrian connection is provided within the specifically identified Opportunity Locations in the Matraville Town Centre Development Control Plan, as approved by Council on 11 April 2006:

  • (a)

    the maximum number of storeys may be 6 storeys, and

  • (b)

    the maximum building height may be 20.1 metres.

(8)

For the purposes of this clause, building height is to be calculated as the height measured vertically from ground level to the underside of the ceiling of the topmost floor.

(9)

For the purposes of this clause, storeys means habitable floors, excluding underground car parking.

42EDevelopment in, on, or adjacent to a watercourse or wetland(1)

Despite any other provisions of this plan, the Council must not grant consent to development in, on, or adjacent to a watercourse or wetland identified on the map unless the Council is satisfied that:

  • (a)

    appropriate measures have been identified for ongoing protection, conservation and management of the watercourse or wetland and its riparian land over time, and

  • (b)

    the width of the riparian land maximises and enhances its potential to serve as a habitat corridor, and

  • (c)

    the riparian land retains and incorporates within it, wherever possible, existing areas of remnant native vegetation, and

  • (d)

    the provision of public access is to be located and designed to minimise disturbance to the habitat corridor and existing remnant native vegetation.

(2)

For a watercourse or wetland that is shown on the map:

  • (a)

    as a category 2 watercourse or a category 2 wetland—land is taken to be part of the riparian land for that watercourse or wetland if it satisfies one or both of the following:

    • (i)

      the land is within 20 metres of the top of the bank of the watercourse or wetland,

    • (ii)

      the land contains remnant native vegetation that adjoins the watercourse or wetland, or

  • (b)

    as a category 3 watercourse or a category 3 wetland—land is taken to be part of the riparian land for that watercourse or wetland if the land is within 10 metres of the top of the bank of the watercourse or wetland.

42FStaged development

While any consent granted on the determination of a staged development application for a site remains in force, nothing in this plan prevents the Council from granting consent to any further development application in respect of that site.

42GFurther savings

A development application lodged with the Council, but not finally determined, before the commencement of Randwick Local Environmental Plan 1998 (Amendment No 41) is to be determined as if that plan had been exhibited under the Act but had not been made.

Part 4Heritage provisions43Heritage conservation(1)

The objectives of this clause are:

  • (a)

    to conserve the environmental heritage of Randwick City, and

  • (b)

    to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

  • (c)

    to conserve known or potential archaeological sites, and

  • (d)

    to conserve places of Aboriginal heritage significance.

(2)

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 structural changes to its interior,

  • (d)

    disturbing or excavating a known or potential 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.

(3)

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, known or potential archaeological site, or a building, work, relic, tree or place within a heritage conservation area, or

    • (ii)

      would not adversely affect the significance of the heritage item, known or potential 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.

(4)

The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned, including (where the proposed development involves a building) consideration of:

  • (a)

    the pitch and form of the roof, if any, and

  • (b)

    the style, size, proportion and position of the openings for windows or doors, if any, and

  • (c)

    the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

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.

(6)

The consent authority may require, after considering the significance of the heritage item or heritage conservation area and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

The consent authority must, before granting consent under this clause to the carrying out of development on a known or potential archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order applies):

  • (a)

    notify the Heritage Office of its intentions to grant consent, and

  • (b)

    take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

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 a way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 3 as being of State heritage significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

  • (a)

    notify the Heritage Council about the application, and

  • (b)

    take into consideration any response received within 28 days after the notice is sent.

(10)

The consent authority may grant consent to the 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

  • (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 impact on the amenity of the surrounding area.

Part 4ANatural heritage provisions44Management plan for land in Zone No 7(1)

The objectives of this clause are to ensure that natural heritage is managed sustainably and that management practices are consistent with the objectives of Zone No 7.

(2)

The consent authority must not determine an application for consent to carry out development of land within Zone No 7 unless the consent authority has approved a management plan for the land that complies with this clause.

(3)

For the purposes of this clause, a management plan is a document (consisting of written information, maps and diagrams), prepared by a suitably qualified person. Where appropriate and applicable, a management plan for land within Zone No 7 must address (but need not be limited to) the following:

  • (a)

    any natural heritage studies that include the land,

  • (b)

    the natural heritage significance of the land,

  • (c)

    consistency of the management plan with relevant Commonwealth, State or local plans and policies,

  • (d)

    the management of threatening processes,

  • (e)

    the management of buffer areas,

  • (f)

    the provision and management of any public utility undertakings,

  • (g)

    any funding arrangements,

  • (h)

    any restrictive covenants on the land,

  • (i)

    performance monitoring and review criteria.

45–48A

(Repealed)

Part 5Interpretation49Definitions

In this plan:

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

acid sulfate soils (ASS) means soils that contain iron sulfides that are stable and do not cause an environmental or economic problem when waterlogged, but when exposed to air, after drainage or excavation, rapidly form sulfuric acid.

alter, in relation to a heritage item, means:

  • (a)

    make structural changes to the outside of the heritage item, or

  • (b)

    make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, other than changes ensuing from the maintenance of the existing detail, fabric, finish or appearance of the outside of the item.

amusement centre means a building or place used for playing:

  • (a)

    billiards, pool or similar games, or

  • (b)

    electrically or mechanically operated amusement devices such as pinball machines and the like, but only if more than 5 such machines are installed in the building or place.

animal establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals whether or not for a commercial purpose, but does not include a veterinary establishment or a building or place used (in conjunction with a dwelling) for the keeping of pets.

appointed day means the day on which this plan was published in the Gazette.

attached dual occupancy means a building containing two (but not more than two) dwellings erected on the same allotment of land (not being an individual lot in a strata plan or community title scheme).

automotive use means a use of a building or work or land for fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or for offering for sale and installing automotive accessories or parts and includes a workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions, but does not include a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station.

backpacker accommodation means a building or place used for providing temporary accommodation for tourists whose principal place of residence is elsewhere and where communal kitchen and laundry facilities may be provided, but which is not licensed to sell liquor within the meaning of the Liquor Act 1982.

bed and breakfast accommodation means tourist and visitor accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling for a maximum of 6 guests and:

  • (a)

    meals are provided for guests only, and

  • (b)

    cooking facilities for the preparation of meals are not provided within guests’ rooms, and

  • (c)

    dormitory-style accommodation is not provided.

biodiversity (or biological diversity) means the variety of life: the different plants, animals and micro-organisms, the genes they contain and the ecosystems of which they form a part.

boarding house means a building or place:

  • (a)

    where permanent accommodation facilities are provided to the residents of the building or place, and

  • (b)

    where meal and laundry facilities may be provided, and

  • (c)

    which is not licensed to sell liquor within the meaning of the Liquor Act 1982,

but (in Part 2) does not include a building or place elsewhere defined in this clause.

brothel means a building or place used, whether in whole or in part, for prostitution.

buffer area means an area of land that is managed in a way that ensures the protection, conservation and enhancement of natural heritage, rare species and threatened items, over time.

building height means the vertical distance from the highest point on the building to the ground level and includes ancillary services, installations and works (including works to conceal and integrate services) unless the Council is satisfied that they will not adversely affect the amenity of adjoining or nearby land.

bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or other business premises on the same parcel of land or on adjoining land in the same ownership, but (in Part 2) does not include a building or place elsewhere defined in this clause.

bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require:

  • (a)

    a large area for handling, display or storage, or

  • (b)

    direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.

bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.

business premises means a building or place in which there is carried on an occupation, profession or trade which may or may not provide a service or goods directly and regularly to the public, but (in Part 2) does not include a building or place elsewhere defined in this clause.

car park means a building or place (other than a building or place used in conjunction with a dwelling) used for parking vehicles, whether operated for gain or not, and includes any manoeuvring space and access to that building or place.

caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.

child care centre means a building or place used for the purpose of supervising or caring for children which:

  • (a)

    caters for more than 5 children who have not reached the compulsory school-age (as defined in the Education Act 1990), whether or not those children are related to the owner or operator of the building or place, and

  • (b)

    may be used for education, and

  • (c)

    may operate for the purpose of gain,

but does not include a building or place providing residential care for those children.

club means a building or place which is used for social, literary, political, sporting or any other lawful use which is, or intended to be, registered under the Registered Clubs Act 1976, whether or not the building or place is licensed to sell liquor under the Liquor Act 1982.

communications facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, and includes radio masts, towers, satellite dishes, cables and the like, but does not include any reception device attached to a dwelling for domestic purposes.

community facility means a building or place owned or controlled by a public authority or a charitable or voluntary organisation which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but (in Part 2) does not include a building or place elsewhere defined in this clause.

container depot means a building or place which is used for:

  • (a)

    the unloading or unpacking (or both) of shipping containers for delivery to individual consignees, or

  • (b)

    the consolidation of goods from different consignors into full shipping container loads for despatch, or

  • (c)

    the repair, refitting or storage of shipping containers,

but does not include a building or place used for container handling that is merely ancillary or incidental to the primary use of the building or place.

contaminated land has the same meaning as in Part 7A of the Act.

Council means the Council of the City of Randwick.

demolition, in relation to a heritage item or a building in a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item or building, in whole or in part.

dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate residence.

dwelling house means a dwelling:

  • (a)

    that is the only dwelling erected on an allotment of land (not being an individual lot in a strata plan or community title scheme), and

89

Local

45 Beach Street, Coogee

“Cliffbrook”, Edwardian free classical style house, c 1921, sandstone wall and stables

90

State

69 Beach Street, Coogee

“Warimoo”, c 1940

91

Local

75 Beach Street, Coogee

“San Antonio” Federation house, late 1920s

92

Local

154 Beach Street, Coogee

“The Warwick”, c 1930

93

Local

224 Beauchamp Road, Matraville

Electricity Substation No 25, c 1930

94

Local

Cnr Belmore Road and Avoca Street, Randwick

Statue of Captain James Cook RN

95

Local

35–43 Belmore Road, Randwick

Three-storey Art Deco commercial building

96

Local

48–60 Belmore Road, Randwick

Residential/commercial building, c 1940

97

Local

70–82 Belmore Road, Randwick

Three-storey commercial building

98

Local

84–90 Belmore Road, Randwick

“Koowori Flats”, three-storey commercial/ residential building

99

Local

119 Belmore Road, Randwick

“Cooks Lodge”, two-storey commercial building, c 1878

100

Local

120–126 Belmore Road, Randwick

Commercial building, c 1920s

101

Local

127–129 Belmore Road, Randwick

Federation commercial building, c 1895

102

Local

128 Belmore Road, Randwick

“Sandgate”, mid-Victorian sandstone house, c 1870

103

State

2–4 Bishops Avenue (cnr Douglas Street), Randwick

Victorian house, c 1885

104

Local

8 Bishops Avenue, Randwick

Two-storey house, c 1895

105

Local

14 Bishops Avenue, Randwick

“Artney”, c 1885

106

Local

17 Blenheim Street, Randwick

“Blenheim House”, c 1848

107

Local

17 Blenheim Street (rear No 19), Randwick

Old stone building, associated with Blenheim House

108

Local

49–51 Boronia Street, Kensington

Symmetrical semi, c 1930

109

Local

24 Borrodale Road, Kingsford

Edwardian timber cottage

110

Local

1891 Botany Road, Matraville

APM building, c 1902

111

Local

Entrance to Botany Bay

Henry Head Fort

112

Local

139 Botany Street, Randwick

Georgian house, c 1860s

113

Local

71 Boundary Street, Clovelly

Weatherboard cottage, c 1900

114

Local

2a Bradley Street, Randwick

“Redlands” Art Deco flats, c 1940

115

Local

26 Bream Street, Coogee

Weatherboard cottage, c 1900

116

Local

82 Bream Street, Coogee

see 182 Arden Street, Coogee

3 Bridges Street, Maroubra

Post-war cottage

117

Local

88 Brook Street, Coogee

Victorian Italianate mansion

118

Local

90–100 Brook Street, Coogee

Two-storey Edwardian style semis, c 1915

119

Local

101 Brook Street, Coogee

see 1 Alfreda Street, Coogee

108 Brook Street, Coogee

Federation flats, c early 1900s

120

Local

113 Brook Street, Coogee

Federation style house, c 1920

121

Local

123 Brook Street, Coogee

St Nicolas Rectory, Federation residence, c 1907

122

Local

125 Brook Street (cnr Carr Street), Coogee

St Nicolas Anglican Church, c 1887

123

Local

135 Brook Street (cnr Waltham Street), Coogee

St Brigids Catholic Church, c 1921

124

Local

142a Brook Street, Coogee

Three-storey Art Deco flats, late 1930s

125

Local

152 Brook Street, Coogee

“Brooklyn Flats”, c 1930

126

Local

Bundock Street (also known as 1–23 Bundock Street), Randwick

Randwick Barracks School of Musketry and Officers’ Mess / Convention Centre

127

Local

770–1000 Bunnerong Road (also known as 51–61 Military Road), Matraville

Pioneers Park, Botany Cemetery

128

Local

379 Bunnerong Road, Maroubra

Inter-war Ocean Liner style house

129

Local

465W Bunnerong Road, Matraville

see Lot C, DP 18047, Jersey Lane, Matraville

1002–1100 Bunnerong Road, Phillip Bay

Chinese Market Garden

436

State

Burrows Park (Shark Point), Clovelly

see Ocean Street, Clovelly

Byron Street (also known as 101 Coogee Bay Road), Coogee

Coogee Public School, c 1920 and old stone building

131

Local

25 Byron Street, Coogee

“Byron Lodge”, c 1886

132

Local

23 Campbell Street (cnr Warner Avenue), Clovelly

Late Victorian stone cottage, c 1880

133

Local

61 Canberra Street, Randwick

Electricity Substation No 341, c 1930

134

State

Cantrill Avenue (also known as 10R Cantrill Avenue), Maroubra

Quarry Reserve, c 1916

135

Local

4 Carlton Street (Elsmere Street), Kensington

“T’olle Goes”, Federation house, c 1900

136

Local

15 Carr Street (cnr Carr Lane), Coogee

Federation style dwelling, c 1920

137

Local

21 Carr Street (cnr Mount Street), Coogee

Late Victorian house, c 1890

138

Local

64 Carr Street, Coogee

Grand Pacific Hotel, c 1920s

139

Local

53–59 Carrington Road, Randwick

“Nolan Terrace”

140

Local

61–63 Carrington Road, Randwick

Unusual semi, c 1900

141

Local

81a Carrington Road / 160 Clovelly Road, Clovelly

Art Deco flat building, c 1935–6

435

Local

117 Carrington Road, Randwick

Spanish Mission style flats, c 1940

142

Local

120 Carrington Road, Randwick

Federation arts and crafts style house, c 1920s

143

Local

127 Carrington Road, Randwick

Spanish Mission style flats, c 1930

144

Local

256–262 Carrington Road, Randwick

Row of Victorian attached houses, c 1870

145

Local

Centennial Park, Randwick

Federation Monument

146

State

Centennial Park, Randwick

Gates to Centennial Park (Centennial Square)

147

State

9 Challis Street, Randwick

Weatherboard house, c 1910

148

Local

Centennial Park, Randwick

see also Oxford Street, Randwick

23 Chichester Street, Maroubra

Californian bungalow

149

Local

17–19 Clara Street, Randwick

Edwardian semis, c 1910

150

Local

4 Clifton Road, Clovelly

Old timber cottage, well preserved, c 1860s

151

Local

55 Clifton Road, Clovelly

Bungalow style residence, c 1920

152

Local

Clovelly Bay

Clovelly Bay enclosure, including baths, c 1930

153

Local

225M Avoca Street, Randwick

Post box

154

Local

49–53 Clovelly Road (cnr Gilderthorpe Avenue), Randwick

Edwardian style commercial building, c 1920

155

Local

105 Clovelly Road, Clovelly

Central European style house

156

Local

107 Clovelly Road, Clovelly

Victorian house, c late 1800s

157

Local

221–223 Clovelly Road, Clovelly

Shopfront and residence, c 1930

158

Local

222–226 Clovelly Road, Clovelly

see 1a Mount Street, Coogee

263–269 Clovelly Road, Clovelly

Clovelly RSL Air Force Club (formerly Kings Theatre), 1939

159

Local

298 Clovelly Road, Clovelly

“Warrah Flats”, c 1920

160

Local

317 Clovelly Road, Clovelly

“Pohills Corner” Inter-war period commercial/residential building, 1926

161

Local

319 Clovelly Road, Clovelly

“Walders Corner” Federation style commercial/residential building, c 1915

162

Local

379 Clovelly Road, Clovelly

Clovelly Hotel, c 1859

163

Local

12 Cobham Street, Maroubra

Brick bungalow, c 1930s

164

Local

21 Cobham Street, Maroubra

Neo-romanesque house

165

Local

28 Coldstream Street, Coogee

“Santa Fe” bungalow, c 1929

166

Local

6 and 8 Conway Avenue, Clovelly

Pair of bungalows, c 1920s

167

Local

Coogee Bay

Giles Baths pool, c 1902

168

Local

Coogee Beach, Coogee

Sandstone wall

169

Local

Coogee Beach (end of Carr Street)

Ross Jones Memorial Pool, c 1947

170

Local

Coogee Beach (adjacent to Grant Reserve)

Women’s Baths, c 1876

171

Local

8–10 Coogee Bay Road, Randwick

“Gower-Galtees”, Art Deco residential flat building, including fence and gate

172

Local

12 Coogee Bay Road, Randwick

Edwardian residence

173

Local

24 Coogee Bay Road, Randwick

“Glen Mervyn”, 1924

174

Local

28 Coogee Bay Road, Randwick

Police station, 1892

175

Local

7–39 Coogee Bay Road, Randwick

“Aeolia”, Brigidine Convent and Chapel

176

Local

81–83 Coogee Bay Road, Coogee

Late Victorian semi-detached houses

177

Local

86 Coogee Bay Road, Coogee

Victorian Gothic house

178

Local

87 Coogee Bay Road, Coogee

Federation residence

179

Local

92–94 Coogee Bay Road, Coogee

Inter-war Art Deco Ocean Liner style flats

180

Local

101 Coogee Bay Road (cnr Byron Street), Coogee

see Byron Street, Coogee

165–167 Coogee Bay Road, Coogee

Federation style semi

181

Local

201 Coogee Bay Road, Coogee

Art Deco flats, c 1937

182

Local

253 Coogee Bay Road, Coogee

see 212 Arden Street, Coogee

3 Cook Street, Randwick

“Woodville”, Edwardian house, c 1915

183

Local

14 Cook Street, Randwick

Federation house, c 1900

184

Local

26 Cook Street (cnr Francis Street), Randwick

Federation house, c 1916

185

Local

50 Cook Street, Randwick

“Juverna”, Art Deco three-storey flats, c 1940

186

Local

25 Cottenham Avenue, Kensington

Bungalow, c 1920s

187

Local

69 Cottenham Avenue, Kensington

Bungalow, c 1920s

188

Local

5 Courland Street, Randwick

Bungalow, c 1920s

189

Local

Cowper Street, Randwick

Brickwork of Flemish bond, (adjacent to tramway reservation), c 1887

190

Local

29 Cowper Street, Randwick

“Pepadeniya”, Federation bungalow, c 1915

191

Local

33–35 Cowper Street, Randwick

Edwardian semi, c 1915

192

Local

90–96 Cowper Street / 78 Cowper Street (also known as 62–88 Avoca Street), Randwick

Randwick Public School, c 1924 and Randwick North High School, 1886

193

Local

81 Cowper Street, Randwick

“Peckham”, Victorian mansion, c 1886

194

Local

7 Cuthill Street, Randwick

Victorian house, c 1890

195

Local

11 Cuthill Street, Randwick

Victorian house

196

Local

Dacre Street (cnr Fishermans Road), Malabar

Cromwell Park sandstone monument, c 1909

197

Local

37 Darley Road, Randwick

“Monte Carlo”, Edwardian house, c 1920s

198

Local

71 Darley Road, Randwick

Federation house, c 1915

199

Local

73 Darley Road, Randwick

Bungalow style dwelling, c 1920s

200

Local

85 Darley Road, Randwick

“Shaldon”, Queen Anne residence, c 1905

201

Local

87 Darley Road, Randwick

“Swan Isle”, two-storey mansion, c 1910

202

Local

115 Darley Road, Randwick

“Wollungra”, corner bungalow

203

Local

127 Darley Road, Randwick

“Alhawa”, Federation house, c 1920

204

Local

135 Darley Road, Randwick

Unusual symmetrical style house, c 1915

205

Local

143 Darley Road, Randwick

Late Edwardian house, c 1919

206

Local

147 Darley Road, Randwick

Edwardian style bungalow, c 1920

207

Local

169–177 Darley Road, Randwick

Row of attached cottages, c 1905

208

Local

195 Darley Road, Randwick

Triple-gabled bungalow

209

Local

199–201 Darley Road (cnr Market Street), Randwick

Federation style semi

210

Local

1–27 Darling Street, Kensington

Row of Edwardian houses, c 1905

211

Local

1–5 Day Avenue, Kensington

Group of three bungalows, c 1930

212

Local

6–10 Day Avenue, Kensington

Group of three bungalows, c 1930

213

Local

24 Day Avenue (cnr Cottenham Avenue), Kensington

Bungalow style dwelling, c 1930

214

Local

1 Dick Street (cnr Glebe Street), Randwick

Federation residence

215

Local

78 Dolphin Street (cnr Glenwood Avenue), Coogee

1920s style dwelling

216

Local

131–133 Dolphin Street (also known as 184 Arden Street), Coogee

Neo-classical residential building, c 1920s

217

Local

169–181 Dolphin Street (cnr Beach Street), Coogee

Coogee Palace, c 1887

218

Local

10–12 Doncaster Avenue, Kensington

Two-storey pair of terraces, c 1880

219

Local

25 Doncaster Avenue, Kensington

“Walsworth”, Victorian cottage, c 1894

220

Local

58 Doncaster Avenue, Kensington

“Creswell”, Victorian terrace, c 1890s

221

Local

68–82 Doncaster Avenue, Kensington

Federation Queen Anne single-storey row house

222

Local

77 Doncaster Avenue, Kensington

Kensington Public School buildings, c 1900

223

Local

88 Doncaster Avenue, Kensington

Victorian mansion

224

Local

127 Doncaster Avenue, Kensington

Edwardian style house, c 1915

225

Local

167 Doncaster Avenue (cnr Day Avenue), Kensington

Corner design bungalow, c 1920s

226

Local

202 Doncaster Avenue, Kensington

Bungalow style dwelling, c 1920s

227

Local

12 Douglas Street (cnr Carey Street), Randwick

Federation style corner house

228

Local

16 Douglas Street, Randwick

Old timber cottage

229

Local

19 Douglas Street, Randwick

Turn of the century house, c 1895

230

Local

57 Dowling Street, Kensington

Edwardian style house, c 1915

231

Local

67 Dowling Street (cnr Baker Street), Kensington

Corner design bungalow

232

Local

16, 18, 20 and 22 Dudley Street, Randwick

4 large freestanding bungalow style residences

233

Local

32–34 and 36 Dudley Street, Randwick

2 large freestanding bungalow style residences

234

Local

23 Duke Street, Kensington

1920s style dwelling

235

Local

6 Duncan Street, Maroubra

1930s bungalow

236

Local

1 Elaroo Avenue, La Perouse

“Yarra Bay House”, c 1903

237

Local

4 Dutruc Street, Randwick

Victorian residence, c 1886

238

Local

9 Dutruc Street (Lot 10, DP 864725), Randwick

Electricity Substation No 287, c 1929

239

Local

11A and 15 Dutruc Street, Randwick

Freestanding Victorian residences

240

Local

21 Dutruc Street, Randwick

Victorian Italianate villa

241

Local

54 Dutruc Street, Randwick

Victorian Italianate residence, c 1890

242

Local

60B and 62–64 Dutruc Street, Randwick

Sandstone cottage and Victorian duplex

243

Local

55–57 Earl Street, Randwick

Timber semi, c 1910

244

Local

59 and 61 Earl Street, Randwick

Timber cottages, c 1910

245

Local

Eastbourne Avenue, Clovelly

Sandstone pillar fountain, 1899

246

Local

28 Everett Street, Maroubra

Californian bungalow, c 1930

247

Local

3 Farnham Avenue (also known as 75A St Marks Road), Randwick

“Farnham House”, c 1860

248

Local

16 Fern Street, Randwick

Victorian cottage

249

Local

65 Fern Street, Clovelly

Victorian Italianate style two-storey house, c 1880 (pair to 67)

250

Local

67 Fern Street, Clovelly

Victorian Italianate style two-storey house, c 1880 (pair to 65)

251

Local

21s Flood Street, Clovelly

Electricity Substation No 300, c 1929

252

Local

Lot 1, DP 840568, Frances Street (cnr The Avenue), Randwick

St Jude’s Cemetery

253

State

2s Frances Street, Randwick

Electricity Substation No 349, c 1929

254

Local

2 Frances Street, Randwick

Federation arts and crafts two-storey dwelling, c 1920

255

Local

4 Frances Street, Randwick

Federation arts and crafts two-storey dwelling, c 1920

256

Local

11 Frances Street, Randwick

Federation arts and crafts single-storey dwelling, c 1900

257

Local

11A Frances Street, Randwick

Federation arts and crafts single-storey dwelling, c 1900

258

Local

14, 16 and 18 Frances Street, Randwick

“The Centre”, “Wirringulla” and “Ballarat House”, Federation mansions

259

Local

231–239 Franklin Street, Malabar

Malabar Public School, c 1909

260

Local

29 Frenchmans Road, Randwick

Two-storey residence, c 1895

261

Local

38 Frenchmans Road (also known as 2 St Marks Road), Randwick

Duke of Gloucester Hotel, c 1934

262

Local

41 Frenchmans Road, Randwick

“Glendu”, Federation Queen Anne cottage, c 1908

263

Local

49–55 Frenchmans Road, Randwick

Two-storey commercial/residential building

264

Local

66 Frenchmans Road, Randwick

Victorian residence, c 1890

265

State

107 Frenchmans Road, Randwick

see 6 Barrett Place, Randwick

152 Gale Road, Maroubra

Stone bungalow, c 1930

266

Local

78 Gardeners Road, Kingsford

St Spyridon Church (1973)

267

Local

6 and 8 George Street, Randwick

Two-storey stone cottages, c 1860

268

Local

17 Gilderthorpe Avenue (cnr Figtree Avenue), Randwick

“Hooper Cottage”, c 1848

269

State

63 Gilderthorpe Avenue, Randwick

Federation symmetrical house, c 1910

270

Local

65–67 Gilderthorpe Avenue, Randwick

Federation symmetrical semi-detached houses, c 1910

271

Local

83 Gilderthorpe Avenue, Randwick

Victorian Gothic house, c 1885

272

Local

Giles Baths pool, Coogee Bay

see Coogee Bay

27 Goorawahl Avenue, La Perouse

1920s style bungalow

273

Local

2 Gordon Avenue, Coogee

English country house, c 1930s

274

Local

2–26 Gordon Street, Randwick

“Gordon Terrace”, c 1885

275

Local

5 and 7 Greville Street, Clovelly

Terrace/maisonettes

276

Local

6 Greville Street, Clovelly

“Clara”, mid-Victorian style dwelling

277

Local

20 Greville Street (cnr Barry Street), Clovelly

Symmetrical bungalow, c 1930

278

Local

16 Grosvenor Street, Kensington

Edwardian style cottage, c 1920

279

Local

4 Hay Street, Randwick

“Cotswold”, late Victorian cottage, c 1885

280

Local

Henry Head Fort

see Entrance to Botany Bay

8–14 Hereward Street, Maroubra

Row of Art Deco style flat buildings, c 1930s

281

Local

15s Higgs Street, Coogee

Electricity Substation No 280, c 1929

282

Local

High Cross Reserve

see North-west cnr Avoca Street and Alison Road, Randwick

61 High Street, Randwick

Prince of Wales Hospital group of buildings (former Main Building, Outpatients’ Building and Superintendent’s Residence)

283

Local

1 Hill Street (cnr Arcadia Street), Coogee

Spanish Mission style residence

284

Local

57–59 Hooper Street (cnr Carrington Road), Randwick

Federation style semi, c 1890

285

Local

11 Jane Street, Randwick

Worker’s cottage, c 1865

286

Local

15 Jane Street, Randwick

Two-storey sandstone cottage, c 1860s

287

Local

17 Jennings Street, Matraville

“Alice Villa”, bungalow, c 1930s

288

Local

Lot C, DP 180474, Jersey Lane (also known as 465W Bunnerong Road), Matraville

Brick sewer vent, c 1917

289

Local

23 Judge Street (cnr Judge Lane), Randwick

Two-storey Federation house, c 1900

290

Local

1–13 Kemmis Street, Randwick

Late 1800s Victorian terrace row

291

Local

15 and 17 Kemmis Street, Randwick

Wide-fronted pair of late Victorian semi-detached dwellings, c 1890

292

Local

23, 25 and 27 Kemmis Street, Randwick

Grand Victorian houses

293

Local

1 Kensington Road (also known as 2 Roma Avenue), Kensington

Our Lady of the Rosary Church

294

Local

2 Kensington Road, Kensington

Our Lady of the Sacred Heart Convent

294

Local

3 King Street, Randwick

Federation cottage, c 1915

295

Local

90–98 King Street (Lot 201, DP 879576), Randwick

Brick chimney stack, c 1917

296

Local

Kooringal Avenue, Phillip Bay

see Yarra Bay and Yarra Bay Beach and Reserve

La Perouse Peninsula

Bare Island Fort and Causeway

298

State

La Perouse Peninsula

Macquarie Watchtower

299

Local

La Perouse Peninsula

La Perouse Memorial

300

Local

La Perouse Peninsula

Tomb of Pere le Receveur

301

Local

La Perouse Peninsula (Old Cable Station)

see Anzac Parade, La Perouse

17 Lee Street, Randwick

Transitional Victorian/Edwardian style residence, c 1910

302

Local

25 Lenthall Street, Kensington

“Hastings”, Federation style dwelling, c 1915

303

Local

30 Lenthall Street, Kensington

Classical revival style dwelling, c 1920s

304

Local

42 Lenthall Street, Kensington

Late Federation style dwelling, c 1915

305

Local

84 Loch Maree Street, Maroubra

Post-war bungalow

306

Local

Mahon Pool, off Marine Parade, Maroubra

see Jack Vanny Reserve, Maroubra

Malabar Road, Coogee

Randwick Cemetery

307

Local

85 Malabar Road, Coogee

Timber cottage

308

Local

23 Marcel Avenue, Randwick

“Romona Hall”, Spanish Mission influence flat building, c 1940

309

Local

31 Marcel Avenue, Randwick

Residential flat building with neo-classical entry and shingled bay windows, c 1920s

310

Local

47A Market Street, Randwick

Literary Institute, Inter-war period building

311

Local

Jack Vanny Reserve, Maroubra

Mahon Pool, off Marine Parade, c 1930

312

Local

182 Marine Parade, Maroubra

“Maroubra Beach Hotel”, c 1920

313

Local

139 Maroubra Road, Maroubra

Art Deco style flat building, c 1930s

314

Local

156–164 Maroubra Road, Maroubra

see 892–906 Anzac Parade, Maroubra

197–199 Maroubra Road, Maroubra

Maroubra Junction Hotel, c 1920s

315

Local

214 Maroubra Road (cnr Gale Road), Maroubra

Holy Family Church, neo-romanesque style, c 1940

316

Local

306 Maroubra Road, Maroubra

“Eden Monaro”, brick mansion, c 1927

317

Local

325 Maroubra Road, Maroubra

Maroubra Fire Station, c 1920s

318

Local

7 McDougall Street, Kensington

Federation style house

319

Local

10 McDougall Street, Kensington

Federation style house

320

Local

12 McLennan Avenue, Randwick

Californian bungalow, c 1930

321

Local

23 McLennan Avenue, Randwick

Californian bungalow, c 1930

322

Local

25 McLennan Avenue, Randwick

Californian bungalow, c 1930

323

Local

2–20 Mears Avenue, Randwick

Brighton Terrace, c 1886

324

Local

69 Meeks Street, Kingsford

1950s brick house

325

Local

31 Melody Street, Coogee

Bungalow, c 1930s

326

Local

2–6 Menin Road (Lot 5239, DP 729855), Matraville

Soldiers Settlement Public School, c 1929

327

Local

9 Middle Street, Kingsford

“Lanor”, Edwardian style house, c 1920

328

Local

79 Middle Street (cnr Kennedy Street), Kingsford

Late 1920s style house

329

Local

84 Middle Street (cnr Jane Street), Randwick

St Jude’s Mission Church, c 1885

330

Local

88 Middle Street, Randwick

Old stone cottage, c 1865

331

Local

90 Middle Street, Randwick

Edwardian timber cottage, c 1905

332

Local

2–4 Milford Street, Randwick

Victorian mansion

333

Local

10 Milford Street, Randwick

Californian bungalow

334

Local

16–18 Milford Street, Randwick

Gothic Revival sandstone mansion, c 1853

335

State

45 Military Road (part), Matraville

Eastern Suburbs Crematorium

336

Local

51–61 Military Road (part), Matraville (Pioneers Park, Botany Cemetery)

see 770–1000 Bunnerong Road, Matraville

55 Milroy Avenue, Kensington

“Marathon”, Federation style dwelling, c 1915

337

Local

45–59 Mirrabooka Crescent, Little Bay

Complex of townhouses, 1980

338

Local

2 Monmouth Street, Randwick

Federation residence, c 1905

339

Local

19 Monmouth Street, Randwick

Bungalow, c 1931

340

Local

18 Moorina Avenue, Matraville

Post-war brick house

341

Local

1a Mount Street (also known as 222–226 Clovelly Road), Coogee

Art Deco flats, c 1940

342

Local

14 Mount Street, Coogee

Bungalow, c 1940

343

Local

3 Mulwaree Avenue, Randwick

Spanish Mission flats, c 1940

344

Local

34 Murrabin Avenue, Matraville

Late modern style dwelling

345

Local

39 Napier Street, Malabar

Turn-of-the-century house

346

Local

Neptune Street, Coogee

Wylies Baths, c 1907

347

State

2 Nolan Avenue, Clovelly

Sandstone Georgian cottage, c 1870

348

Local

3–7 Nolan Avenue, Clovelly

Three attached Federation style cottages, c 1900

349

Local

153 Oberon Street, Coogee

Edwardian style bungalow, c 1925

350

Local

245 Oberon Street, Coogee

Electricity Substation No 362, c 1930

351

Local

Ocean Street (also known as 13R Ocean Street), Clovelly

Shark Point, Burrows Park

352

Local

41–45 O’Sullivan Street, Maroubra

Row of semis, c 1940s

353

Local

1–19 Oswald Street, Coogee

Victorian attached houses, c 1880s

354

Local

Oxford Street, Randwick

Superintendent’s residence, Centennial Park, c 1888

355

State

Oxford Street (Lot 1729, DP 45644), Randwick

Reservoir fence and steps Centennial Park

356

State

7 Pacific Street, Clovelly

Victorian cottage, c 1870

357

Local

11A Park Avenue, Randwick

“The Pines”, boom style house, c 1885

358

Local

18 Percival Street, Maroubra

“Palmyra”, late Victorian cottage

359

Local

2–4 Perouse Road, Randwick

Royal Hotel, 1887

360

Local

15–19 Perouse Road, Randwick

Matching pairs of Edwardian cottages and fences

361

Local

84 Perouse Road, Randwick

Grand Edwardian mansion

362

Local

85 Perouse Road, Randwick

Federation house, c 1915

363

Local

98–100 Perouse Road, Randwick

Edwardian style adaptation to irregular blocks, c 1915–1920

364

Local

106 Perouse Road, Randwick

Federation Queen Anne house

365

Local

108 and 110 Perouse Road, Randwick

Federation Queen Anne houses

366

Local

144 Perry Street, Matraville

Matraville Hotel, c 1920s

367

Local

30 Pine Street, Randwick

Transitional style Victorian two-storey house

368

Local

71 Pine Street, Randwick

Edwardian style cottage, c 1900

369

Local

81–83 Pine Street, Randwick

Two-storey Federation semi, c 1905

370

Local

28 Powell Street, Coogee

“Belle”, Federation house

371

Local

2 Prince Street (cnr King Street), Randwick

Three-storey 1930s style block of flats

372

Local

2–14 Prince Edward Street, Malabar

Stella Maris Convent and St Andrew’s Church, c 1930s

373

Local

3 Quail Street, Coogee

Edwardian cottage, c 1910

374

Local

Quarry Reserve, Maroubra

see Cantrill Avenue, Maroubra

1 Rae Street, Randwick

Small Gothic church, c 1883

375

Local

3, 5, 7 and 9–11 Rae Street, Randwick

Part of historic streetscape, c 1900

376

Local

11A–23 Rae Street, Randwick

Part of historic residential streetscape, c 1887

377

Local

37 Rae Street (cnr St Marks Road), Randwick

Victorian residence, c 1889

378

Local

90–98 Rainbow Street, Coogee

Rainbow Street Public School, c 1920s

380

Local

9 Ritchard Avenue, Coogee

1950s style house

381

Local

2 Robey Street, Maroubra

Post-war style residence

382

Local

37 Robey Street, Maroubra

“Elwi Ento”, late modern style dwelling, c 1930s

383

Local

1 Roma Avenue, Kensington

Sacred Heart Monastery and Chapel, c 1895

384

Local

Ross Jones Memorial Pool, Coogee Beach

see Coogee Beach

43 Sackville Street, Maroubra

Spanish Mission style residence

385

Local

2 St Marks Road, Randwick

see 38 Frenchmans Road, Randwick

4–10 St Marks Road, Randwick

Federation Queen Anne semi-detached single-storey houses

386

Local

43 St Marks Road, Randwick

“Rathven”, large Italianate house, c 1887

387

State

48–50, 52–56, 58, 60, 62, 64 and 66 St Marks Road, Randwick

Single-storey and two-storey Italianate residences, part of a large and consistent group, c 1884

388

Local

15 St Pauls Street, Randwick

Victorian terrace

389

Local

17 St Pauls Street, Randwick

Federation single-storey cottage

390

Local

19 St Pauls Street, Randwick

Victorian Italianate boom style two-storey house

391

Local

25–27 St Pauls Street, Randwick

Federation single-storey cottage

392

Local

39–47 St Pauls Street, Randwick

Ritz Theatre

393

State

44 St Pauls Street, Randwick

Masonic Temple, classic Revival style, c 1920s

394

Local

32 Shackel Avenue, Clovelly

Bungalow style residence, c 1920s

395

Local

22 Shaw Avenue, Kingsford

1930s style bungalow

396

Local

4–8 Silver Street, Randwick

Three late Victorian houses, c 1885

397

Local

18–20 Stanley Street (cnr Avoca Street), Randwick

Former Little Sisters of the Poor Chapel, Novitiate and “Aston Lodge”

398

State

10–14 Stephen Street (cnr Monmouth Street), Randwick

Pair of late Victorian terraces and Edwardian style corner house

399

Local

1 and 1A Sully Street, Randwick

Late version, Spanish Mission style flats, c 1950

400

Local

Tay Reserve, Kensington

see Cnr Anzac Parade and Alison Road, Kensington

1 The Avenue, Randwick

“Tayar”, Italianate house, c 1900

401

Local

6 The Avenue, Randwick

Randwick Fire Station, c 1908

402

Local

26–42 The Avenue, Randwick

“Avonmore Terrace”, boom style Victorian terraces, c 1888

403

State

7 Thomas Street, Randwick

Large bungalow

404

Local

1–21 Todman Avenue, Kensington

Row of Art Deco flat buildings

405

Local

12 Todman Avenue, Kensington

Former Administration building for WD &HO Wills, Raleigh Park

406

Local

85 Todman Avenue, Kensington

“Carthona”, Edwardian house

407

State

101–103 Todman Avenue, Kensington

St Martin’s Church

408

Local

117–119 Todman Avenue, Kensington

Edwardian style semis

409

Local

161 Todman Avenue, Kensington

“Cooma”, Edwardian mansion, c 1894

410

Local

47 Tunstall Avenue, Kensington

Spanish Mission style dwelling, c 1930s

411

Local

8–10 Victoria Street, Randwick

Two-storey semi-detached houses, c 1860

412

Local

66 Victoria Street, Malabar

“Sunnyside”, Edwardian cottage

413

Local

3 Villiers Street, Kensington

“Bradford”, Edwardian cottage

414

Local

4 Villiers Street, Kensington

“Avalon”, bungalow, c 1920s

415

Local

14–16 Villiers Street, Kensington

Edwardian semi, c 1920

416

Local

42 Wallace Street, Kingsford

Late modern style house

417

Local

44 Wallace Street, Kingsford

Late 1920s style flat building

418

Local

7–9 Walsh Avenue, Maroubra

Semi, c 1930s

419

Local

23–25 Walsh Avenue, Maroubra

Post-war semi

420

Local

1A Waltham Street (cnr Asher Street), Coogee

“Maidstone”, late Victorian mansion, c 1860

421

Local

5 Wentworth Street, Randwick

“Keletera”, symmetrical cottage, c 1920

422

Local

53 Willis Street, Kingsford

Early 1950s mansion

423

Local

65 Willis Street, Kingsford

Innovative 1930s building

424

Local

39 Winchester Road, Clovelly

“Peace”, early bungalow, c 1920

425

Local

11–13 Wise Street, Maroubra

Edwardian style semi

426

Local

Wylie’s Baths, Coogee

see Neptune Street, Coogee

Yarra Bay (eastern side of Kooringal Avenue)

Phillip Monument

427

Local

Yarra Bay Beach and Reserve (also known as 5–33R Kooringal Avenue), Phillip Bay

428

Local

11 Yarra Road, La Perouse

Our Lady of the Good Counsel Church, c 1940s

429

Local

22 Young Street, Randwick

Weatherboard cottage, c 1870

430

Local

Young Street (cnr Barker Street), Randwick

Newmarket sale ring, big stable and Newmarket house

431

State

Schedule 4Known or potential archaeological sites

(Clause 49)

Location

Description

Inventory No

Prince Henry Site, 1430 Anzac Parade, Little Bay

Aboriginal and non-Aboriginal sites

1

Schedule 5Classification and reclassification of public land as operational

(Clause 42A)

Column 1

Column 2

Location

Identification

Clovelly

Clovelly Road

Land between Beach and Flood Streets, Clovelly, being Lots 19A and 2A, DP 5790

Maroubra

Minneapolis Crescent

64–66 Minneapolis Crescent, Maroubra, being Lot 102, DP 855181

Matraville

Baird Avenue

Land within Baird Avenue car park, 37–39R Baird Avenue, being Lot 11, DP 236131

Randwick

King Street

3/90–98 King Street, Randwick, being Lot 3, SP 75411

South Coogee

Blenheim Park

Land within right of carriageway 3m wide, being DP 1080495, comprising part of Blenheim Park, and Lot 6, DP 1109484, between Oberon Street and Rainbow Street, Coogee

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