Ryde Local Environmental Plan 2010 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (650) (amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726)), Sch 3 (not commenced — to commence on 26.4.2023)

See also—

Planning Legislation Amendment Bill 2019

Maps: Am 2012 (77), cl 4; 2012 (94), cl 4; 2012 (325), cl 4; 2013 (552), cl 3; 2013 (584), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Part 1Preliminary1.1Name of Plan

This Plan is Ryde Local Environmental Plan 2010.

1.1AACommencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Ryde in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

  • (aa)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

  • (a)

    to create a broad framework of controls for the future development of all land in Ryde,

  • (b)

    to encourage the management and development of land to provide a range of land uses, employment activities and housing types that respond to the welfare of the citizens of Ryde,

  • (c)

    to conserve items and places in Ryde that are of natural, indigenous, cultural, social and historical significance,

  • (d)

    to manage development of Ryde to create a better environment.

1.3Land to which Plan applies(1)

This Plan applies to the land identified on the Land Application Map.

(1A)

Despite subclause (1), this Plan does not apply to the land shown on the Land Application Map as “Deferred Matter”.

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

  • (a)

    approved by the local plan-making authority when the map is adopted, and

  • (b)

    as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note—

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note—

The following local environmental plans are repealed under this provision—

  • Ryde Planning Scheme Ordinance

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

Note—

The Ryde Planning Scheme Ordinance continues to apply to the land shown on the Land Application Map as “Deferred Matter”.

1.8ASavings provision relating to pending development approvals

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note—

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

(2A)

Part 3 of Schedule 3 to State Environmental Planning Policy (Major Development) 2005 is repealed.

1.9ASuspension 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 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 relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, 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, or

  • (g)

    to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)

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

(4)

Except for the purposes of enabling development for dual occupancy (attached) or multi dwelling housing (attached), this clause does not apply to any land in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential.

(5)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(4).

cl 1.9A: Am 2011 (363), Sch 20 [1]; 2019 (621), Schs 1.11[1], 5[2] [3].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

  • Residential Zones

    R1 General Residential

    R2 Low Density Residential

    R3 Medium Density Residential

    R4 High Density Residential

  • Business Zones

    B1 Neighbourhood Centre

    B3 Commercial Core

    B4 Mixed Use

    B5 Business Development

    B7 Business Park

  • Industrial Zones

    IN2 Light Industrial

    IN4 Working Waterfront

  • Special Purpose Zones

    SP1 Special Activities

    SP2 Infrastructure

  • Recreation Zones

    RE1 Public Recreation

    RE2 Private Recreation

  • Conservation Zones

    C1 National Parks and Nature Reserves

    C2 Environmental Conservation

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

    development that may be carried out only with development consent, and

  • (d)

    development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

  • (a)

    a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

  • (b)

    a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Plan.

Notes—

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

In deciding whether to grant development consent, the consent authority—

  • (a)

    must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

  • (b)

    must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

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

Notes—

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8Temporary 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 use for a maximum period of 182 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 other applicable environmental planning 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 land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

  • (a)

    a constructed canal, or other waterway or waterbody, that—

    • (i)

      is inundated by surface water or groundwater movement, or

    • (ii)

      drains to a waterway or waterbody by surface water or groundwater movement, and

  • (b)

    the erection of a dwelling, and

  • (c)

    one or both of the following—

    • (i)

      the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

    • (ii)

      excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

  • (a)

    carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

  • (b)

    limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Note—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

  • State Environmental Planning Policy (Housing) 2021

  • State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

  • State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

  • State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

  • State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

  • State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2011 (363), Sch 20 [2]–[13]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 No 1, Sch 2.27; 2019 (621), Sch 3.

Zone R1General Residential1Objectives of zone
  • To provide for the housing needs of the community.

  • To provide for a variety of housing types and densities.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2Permitted without consent

Home-based child care; Home occupations

3Permitted with consent

Attached dwellings; Boarding houses; Car parks; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Group homes; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R2Low Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a low density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To ensure that the general low density nature of the zone is retained and that development for the purposes of dual occupancy (attached) and multi dwelling housing (attached) do not significantly alter the character of a location or neighbourhood.

  • To ensure that new development complements or enhances the local streetscape.

  • To maintain on sites with varying topography the two storey pitched roof form character of dwelling houses and dual occupancy (attached) developments.

  • To ensure that land uses are compatible with the character of the area and responsive to community needs.

2Permitted without consent

Home-based child care; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Educational establishments; Group homes; Health consulting rooms; Hospitals; Multi dwelling housing; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential care facilities; Respite day care centres; Roads; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a medium density residential environment.

  • To provide a variety of housing types within a medium density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To encourage revitalisation, rehabilitation, and redevelopment of residential areas while ensuring that dwelling types do not adversely affect the amenity of the locality.

2Permitted without consent

Home-based child care; Home occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Group homes; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture

4Prohibited

Any other development not specified in item 2 or 3

Zone R4High Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a high density residential environment.

  • To provide a variety of housing types within a high density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To allow higher density development around transport nodes and commercial and retail centres.

  • To allow for revitalisation, rehabilitation and redevelopment of residential areas while ensuring that building design does not adversely affect the amenity of the locality.

2Permitted without consent

Home-based child care; Home occupations

3Permitted with consent

Bed and breakfast accommodation; Boarding houses; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Educational establishments; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential care facilities; Residential flat buildings; Respite day care centres; Roads; Serviced apartments; Shop top housing

4Prohibited

Any other development not specified in item 2 or 3

Zone B1Neighbourhood Centre1Objectives of zone
  • To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

  • To ensure that the development does not have an adverse impact on the amenity of local residents.

2Permitted without consent

Home occupations

3Permitted with consent

Boarding houses; Business identification signs; Business premises; Centre-based child care facilities; Commercial premises; Community facilities; Depots; Entertainment facilities; Industrial retail outlets; Light industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Roads; Self-storage units; Service stations; Shop top housing; Tank-based aquaculture; Wholesale supplies

4Prohibited

Garden centres; Hardware and building supplies; Landscaping material supplies; Plant nurseries; Pond-based aquaculture Pubs; Roadside stalls; Rural supplies; Specialised retail premises; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 3

Zone B3Commercial Core1Objectives of zone
  • To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

  • To encourage appropriate employment opportunities in accessible locations.

  • To maximise public transport patronage and encourage walking and cycling.

  • To ensure the zone is characterised by high-quality well-designed buildings that enhance and encourage a safe environment.

  • To encourage industries involved in scientific research and development.

2Permitted without consent

Home occupations

3Permitted with consent

Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Self-storage units; Serviced apartments; Tank-based aquaculture; Warehouse or distribution centres

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone B4Mixed Use1Objectives of zone
  • To provide a mixture of compatible land uses.

  • To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

  • To create vibrant, active and safe communities and economically sound employment centres.

  • To create safe and attractive environments for pedestrians.

  • To recognise topography, landscape setting and unique location in design and land-use.

2Permitted without consent

Home-based child care; Home occupations

3Permitted with consent

Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Waste or resource transfer stations; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Animal boarding or training establishments; Biosolids treatment facilities; Camping grounds; Caravan parks; Depots; Eco-tourist facilities; General industries; Heavy industrial storage establishments; Heavy industries; Home occupations (sex services); Industrial training facilities; Pond-based aquaculture Sex services premises; Stock and sale yards; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Water recycling facilities; Water treatment facilities; Wharf or boating facilities

Zone B5Business Development1Objectives of zone
  • To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

2Permitted without consent

Home occupations

3Permitted with consent

Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Landscaping material supplies; Light industries; Oyster aquaculture; Passenger transport facilities; Recreation areas; Respite day care centres; Roads; Service stations; Specialised retail premises; Tank-based aquaculture; Vehicle repair stations; Warehouse or distribution centres

4Prohibited

Plant nurseries; Pond-based aquaculture Pubs; Restaurants or cafes; Roadside stalls; Rural supplies; Timber yards; Any other development not specified in item 2 or 3

Zone B7Business Park1Objectives of zone
  • To provide a range of office and light industrial uses.

  • To encourage employment opportunities.

  • To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

  • To ensure the zone is characterised by a high-quality, well-designed and safe environment that reflects its natural setting.

  • To provide a zone with strong links to the Macquarie University and research institutions and an enhanced sense of identity.

  • To encourage industries involved in scientific research or development.

2Permitted without consent

Home occupations

3Permitted with consent

Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Educational establishments; Function centres; Garden centres; Hardware and building supplies; Industrial retail outlets; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Recreation areas; Registered clubs; Research stations; Respite day care centres; Restaurants or cafes; Roads; Tank-based aquaculture; Warehouse or distribution centres

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone IN2Light Industrial1Objectives of zone
  • To provide a wide range of light industrial, warehouse and related land uses.

  • To encourage employment opportunities and to support the viability of centres.

  • To minimise any adverse effect of industry on other land uses.

  • To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

  • To support and protect industrial land for industrial uses.

  • To enhance the amenity of local areas through better building design, reduced hard-paved surfaces and landscaping.

2Permitted without consent

Home occupations

3Permitted with consent

Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Depots; Garden centres; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Pubs; Recreation areas; Research stations; Respite day care centres; Roads; Service stations; Sex services premises; Tank-based aquaculture; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities

4Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone IN4Working Waterfront1Objectives of zone
  • To retain and encourage waterfront industrial and maritime activities.

  • To identify sites for maritime purposes and for activities that require direct waterfront access.

  • To ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore.

  • To encourage employment opportunities.

  • To minimise any adverse effect of development on land uses in other zones.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Business identification signs; Industrial retail outlets; Jetties; Light industries; Recreation areas; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone SP1Special Activities1Objectives of zone
  • To provide for special land uses that are not provided for in other zones.

  • To provide for sites with special natural characteristics that are not provided for in other zones.

  • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Recreation facilities (indoors); Recreation facilities (outdoors); The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone
  • To provide for infrastructure and related uses.

  • To prevent development that is not compatible with or that may detract from the provision of infrastructure.

  • To ensure the orderly development of the land.

  • To ensure that development does not have an adverse effect on adjoining land.

2Permitted without consent

Nil

3Permitted with consent

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Aquaculture; Recreation areas; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone
  • To enable land to be used for public open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To provide adequate open space areas to meet the existing and future needs of the residents of Ryde.

  • To protect and enhance the natural bushland in a way that enhances the quality of the bushland and facilitates public enjoyment of the bushland in a way that is compatible with its conservation.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Business identification signs; Community facilities; Environmental facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants or cafes; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone
  • To enable land to be used for private open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To ensure that the use and development of the land does not have an adverse effect on the amenity of the locality.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Business identification signs; Community facilities; Environmental facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Water recycling facilities

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone
  • To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

  • To enable uses authorised under the National Parks and Wildlife Act 1974.

  • To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone
  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

  • To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

2Permitted without consent

Environmental protection works

3Permitted with consent

Environmental facilities Oyster aquaculture

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development—

  • (a)

    must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

  • (b)

    must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

  • (c)

    must not be designated development, and

  • (d)

    must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

  • (a)

    the building has a current fire safety certificate or fire safety statement, or

  • (b)

    no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must—

  • (a)

    be installed in accordance with the manufacturer’s specifications, if applicable, and

  • (b)

    not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note—

See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

  • (a)

    be permissible, with development consent, in the zone in which it is carried out, and

  • (b)

    meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

  • (c)

    have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally sensitive areas excluded(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

  • (a)

    the coastal waters of the State,

  • (b)

    a coastal lake,

  • (c)

    land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

  • (d)

    land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

  • (e)

    land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

  • (f)

    land within 100 metres of land to which paragraph (c), (d) or (e) applies,

  • (g)

    land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

  • (h)

    land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

  • (i)

    land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

  • (j)

    land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

  • (a)

    to retain streetscape, amenity and landscaped areas in residential zones,

  • (b)

    to provide open space areas for environmental sustainability in residential zones,

  • (c)

    to maintain a consistent density of development in Zone R2 Low Density Residential.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of any land—

  • (a)

    by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

  • (b)

    by any kind of subdivision under the Community Land Development Act 2021.

4.1AAMinimum subdivision lot size for community title schemes

[Not adopted]

cl 4.1AA: Ins 2011 (363), Sch 20 [14].

4.1AMinimum subdivision requirements in certain residential zones(1)

This clause applies to land in Zone R2 Low Density Residential, Zone R3 Medium Density Residential and Zone R4 High Density Residential other than land identified as “North Ryde Station Precinct” on the Centres Map.

(2)

The consent authority must not consent to the subdivision of land to which this clause applies unless—

  • (a)

    each lot (other than a hatchet shaped lot) has—

    • (i)

      an area of not less than 580 square metres, and

    • (ii)

      a frontage to a road of not less than 10 metres, and

    • (iii)

      a width of not less than 15 metres at a distance of 7.5 metres from the frontage of the lot, and

  • (b)

    each hatchet shaped lot has—

    • (i)

      an area of not less than 740 square metres (not including the access corridor and any part of the lot that is intended for access to other lots), and

    • (ii)

      a frontage to a road of not less than 3 metres, and

    • (iii)

      an access corridor not less than 3 metres wide.

(3)

However, the consent authority may consent to the subdivision of land to create a lot adjoining a hatchet shaped lot if the consent authority is satisfied that—

  • (a)

    the area of the lot to be created will be not less than 740 square metres, and

  • (b)

    there will be permanent adequate vehicular access from a public road to the lot to be created.

cl 4.1A: Am 2013 (552), Sch 1 [1].

4.1BResidential buildings that cannot be subdivided(1)

Development consent must not be granted to the subdivision (including a subdivision by a strata plan or community title scheme) of a dual occupancy (attached) or a duplex building on land in Zone R2 Low Density Residential.

(2)

In this clause—

duplex building means a single building not more than 2 stories high that contains 2 dwellings that are attached to one another.

4.2Rural subdivision

[Not applicable]

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to maintain desired character and proportions of a street within areas,

  • (b)

    to minimise overshadowing and ensure a desired level of solar access to all properties,

  • (c)

    to enable the built form in denser areas to create spatial systems that relate to human scale and topography,

  • (d)

    to enable focal points to be created that relate to infrastructure such as train stations or large vehicular intersections,

  • (e)

    to reinforce important road frontages in specific centres.

(1A)

In addition to the objectives specified in subclause (1), the objectives for the control of the height of buildings on land identified as “Macquarie Park Corridor” or “North Ryde Station Precinct” on the Centres Map are as follows—

  • (a)

    to provide effective control over the scale and bulk of future development,

  • (b)

    to concentrate building heights around railway stations,

  • (c)

    to provide focal nodes that clearly highlight the role of railway stations,

  • (d)

    to reinforce the important road frontages of Waterloo Road and Lane Cove Road.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

(2A)

Despite subclause (2), the maximum height of multi dwelling housing (attached) in Zone R2 Low Density Residential is—

  • (a)

    for dwellings in the building that do not have a frontage to the street—6.5 metres, and

  • (b)

    for dwellings with a frontage to the street, if adjoining lots contain dwelling houses that are less than 9.5 metres high—8 metres.

cl 4.3: Am 2013 (552), Sch 1 [2].

4.4Floor space ratio(1)

The objectives of this clause are as follows—

  • (a)

    to provide effective control over the bulk of future development,

  • (b)

    to allow appropriate levels of development for specific areas,

  • (c)

    to enable the consent authority to assess and respond appropriately to future infrastructure needs.

(1A)

In addition to the objectives specified in subclause (1), the objectives for the control of floor space ratios on land within the Macquarie Park Corridor are as follows—

  • (a)

    to achieve a consolidation of development around railway stations, with the highest floor space ratios at the station nodes,

  • (b)

    to allow feasible development of the sites around railway stations and facilitate focal points at the station areas,

  • (c)

    to ensure that the peripheral locations of the corridor reflect the landscape needs and building setting requirements of the corporate building,

  • (d)

    to reinforce the importance and function of the central spine (Waterloo Road and Riverside Main Street) with suitable built form,

  • (e)

    to encourage the provision of a new street network,

  • (f)

    to provide incentives for redevelopment in return for the provision of the proposed access network as a public benefit.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

4.4AResidential zones—floor space ratio(1)

Despite clause 4.4 (2), the maximum floor space ratio shown for a building on land in Zone R2 Low Density Residential on the Floor Space Ratio Map only applies to development for the purposes of a dwelling house or dual occupancy (attached).

(2)

Despite clause 4.4 (2), the maximum floor space ratio shown for a building on land in Zone R4 High Density Residential on the Floor Space Ratio Map does not apply to development for the purposes of dual occupancy (attached), multi dwelling housing or residential flat buildings unless they are part of shop top housing.

(3)

This clause does not apply to land identified as “North Ryde Station Precinct” on the Centres Map.

cl 4.4A: Am 2013 (552), Sch 1 [3].

4.4BMacquarie Park Corridor—floor space ratio

Despite clause 4.4 (2), for land shown as “A1” on the Floor Space Ratio Map, the consent authority may consent to development that results in a floor space ratio in excess of the floor space ratio shown for that land on the Floor Space Ratio Map, if—

  • (a)

    the land contains part of the proposed access network shown on the Macquarie Park Corridor Proposed Access Network Map, and

  • (b)

    the excess floor space does not exceed the equivalent of the site area provided for the portion of the access network shown in relation to the land.

4.4CWest Ryde Urban Village—floor space ratio

Despite clause 4.4 (2), for land shown as “West Ryde Urban Village” on the Centres Map, the consent authority may consent to development that results in a floor space ratio in excess of the floor space ratio shown for that land on the Floor Space Ratio Map, if the consent authority is satisfied that the development—

  • (a)

    will create a safe and attractive environment for pedestrians, and

  • (b)

    will create a mixed use precinct with an emphasis on uses that promote pedestrian activity and safety at ground level, and

  • (c)

    will create a precinct that contains opportunities and facilities for living, working, commerce, leisure, culture, community services, education and spiritual nurture, and

  • (d)

    will increase the number of people living within walking distance of high frequency public transport services, and

  • (e)

    will increase the use of public transport, and

  • (f)

    is not likely to significantly adversely affect the operation of the surrounding local road network.

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

  • (a)

    to define floor space ratio,

  • (b)

    to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

    • (i)

      prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

    • (ii)

      prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

    • (iii)

      require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

  • (a)

    if the proposed development is to be carried out on only one lot, the area of that lot, or

  • (b)

    if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

  • (a)

    land on which the proposed development is prohibited, whether under this Plan or any other law,

  • (b)

    community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

If—

  • (a)

    a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

  • (b)

    proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.5ADensity controls for Zone R2 Low Density Residential(1)

The consent authority must not consent to the erection of multi dwelling housing (attached) on land in Zone R2 Low Density Residential unless—

  • (a)

    the site area for the building is not less than—

    • (i)

      for each 1, 2 or 3 bedroom dwelling—300 square metres, and

    • (ii)

      for each 4 or more bedroom dwelling—365 square metres, and

  • (b)

    each dwelling will have its own contiguous private open space and separate access to that space from an unbuilt portion of the site.

(2)

The consent authority must not consent to the erection of a dual occupancy (attached) on a lot in Zone R2 Low Density Residential unless—

  • (a)

    the lot has an area of not less than 580 square metres, and

  • (b)

    it is satisfied that adequate arrangements have been made for the disposal of sewage and stormwater from each dwelling.

4.5BDensity controls for multi dwelling housing and residential flat buildings in Zone R4 High Density Residential(1)

The consent authority must not consent to the erection of multi dwelling housing or residential flat buildings on land in an area specified in Column 1 of the Table to this clause and shown on the Residential Density Area Map unless the area of the land on which that development is to be carried out is not less than the total of the areas specified in Column 2 of that Table in respect of each of the dwellings to be contained in that development.

(2)

This clause does not apply to land identified as “North Ryde Station Precinct” on the Centres Map.

Table—Density in areas shown on Residential Density Area Map

Column 1

Column 2

Area and development

Site size (in m2)

Area 1

1 bedroom dwelling

130

2 bedroom dwelling

180

3 or more bedroom dwelling

270

Area 2

1 bedroom dwelling

100

2 bedroom dwelling

150

3 or more bedroom dwelling

220

Area 3

1 bedroom dwelling

90

2 bedroom dwelling

120

3 or more bedroom dwelling

170

Area 4

1 bedroom dwelling

70

2 bedroom dwelling

100

3 or more bedroom dwelling

130

Area 5

1 bedroom dwelling

140

2 bedroom dwelling

196

3 or more bedroom dwelling

268

Area 6

1 bedroom dwelling

91

2 bedroom dwelling

137

3 or more bedroom dwelling

183

Area 7

1 bedroom dwelling

76

2 bedroom dwelling

111

3 or more bedroom dwelling

152

Area 8

1 bedroom dwelling

45

2 bedroom dwelling

58

3 or more bedroom dwelling

90

cl 4.5B: Am 2013 (552), Sch 1 [4].

4.5CDensity controls for 1–13 Pennant Avenue, Denistone (residential flat building)(1)

This clause applies to that part of Lots 1 and 2, DP 221325, known as 1–13 Pennant Avenue, Denistone and situated in Zone R3 Medium Density Residential.

(2)

The consent authority must not consent to the erection of a residential flat building on the land to which this clause applies unless—

  • (a)

    the building will have not more than 32 dwellings, and

  • (b)

    there will be at least 30 square metres of landscaped area per dwelling.

4.5DDensity controls for Royal Rehabilitation Centre Sydney(1)

This clause applies to that part of Lot 1010, DP 836975 and Lot 102, DP 826426, known as the Royal Rehabilitation Centre Sydney site and situated in Zone R1 General Residential.

(2)

The consent authority must not consent to the erection of a dwelling on the land to which this clause applies if the consent would result in an average density of more than 50 dwellings per hectare on that land.

4.5EMacquarie Park Corridor(1)

The objectives for off-street parking controls in the Macquarie Park Corridor are as follows—

  • (a)

    to encourage accessibility by foot, bicycle and public transport,

  • (b)

    to support the management and supply of parking as the primary means to influence travel behaviour of employees,

  • (c)

    to encourage greater reliance on public transport,

  • (d)

    to assist in the management of increased car usage and traffic congestion in the corridor,

  • (e)

    to effect a greater shift to public transport.

(2)

The maximum off-street parking spaces for commercial and industrial development in the Macquarie Park Corridor are those shown on the Macquarie Park Corridor Parking Restrictions Map.

(3)

The objectives for restricting uses listed in subclause (4) in the Macquarie Park Corridor are as follows—

  • (a)

    to provide for the daily convenience needs of employees and visitors,

  • (b)

    to ensure that any activities support the needs of businesses and organisations in the development to which the facilities or services relate,

  • (c)

    to reinforce the station nodes as focal points of activity, supporting a range of retail and commercial activities.

(4)

Despite any other provision of this Plan, development for the purposes of a function centre, neighbourhood shop, registered club or restaurant must not be carried out on land in Zone B7 Business Park in the Macquarie Park Corridor unless the development is located on the ground floor level of a building and the total floor space of all such development in that zone does not exceed 500 square metres, or an area equal to 5% of the total area of the land in that zone, whichever is the greater.

(5)

Despite any other provision of this Plan, the consent authority must not consent to the carrying out of development on land in Zone B3 Commercial Core in the Macquarie Park Corridor for the purpose of serviced apartments unless—

  • (a)

    the development comprises at least 2 self-contained dwellings, and

  • (b)

    all dwellings are on the same lot (that is, not on separate strata or other titles), and

  • (c)

    the development includes private or communal facilities that the consent authority is satisfied are of adequate size and amenity, such as a laundry, guest reception area, waiting area and external open space, and

  • (d)

    the building that is to contain the dwellings is not a boarding house, hospital or hotel or motel accommodation.

(6)

Development for the purposes of retail premises must not be carried out on land that is in Zone B3 Commercial Core in the Macquarie Park Corridor, unless the premises are located on the ground floor level of a building and do not exceed 2,000 square metres, or in the case of a pub, 250 square metres in floor space.

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development,

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

  • (a)

    that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

  • (b)

    that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

Development consent must not be granted for development that contravenes a development standard unless—

  • (a)

    the consent authority is satisfied that—

    • (i)

      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

    • (ii)

      the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

  • (b)

    the concurrence of the Planning Secretary has been obtained.

(5)

In deciding whether to grant concurrence, the Planning Secretary must consider—

  • (a)

    whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

  • (b)

    the public benefit of maintaining the development standard, and

  • (c)

    any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

  • (a)

    the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

  • (b)

    the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note—

When this Plan was made it did not include Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E3 Environmental Management or Zone E4 Environmental Living.

(7)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

  • (a)

    a development standard for complying development,

  • (b)

    a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

  • (c)

    clause 5.4,

  • (caa)

    clause 5.5,

  • (ca)

    clause 4.3, to the extent it applies to Precinct 2 (Town Core) shown on the Ryde Town Centre Precincts Map.

cl 4.6: Am 2011 (363), Sch 20 [15] [16].

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 3.15 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 RE1 Public Recreation and marked “Local open space”

Council

Zone RE1 Public Recreation and marked “Regional open space”

The corporation constituted under section 2.5 of the Act

Zone SP2 Infrastructure and marked “Classified road”

Transport for NSW

Zone C1 National Parks and Nature Reserves and marked “National Park”

Minister administering the National Parks and Wildlife Act 1974

(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, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this clause. 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).

5.1ADevelopment on land intended to be acquired for a public purpose(1)

The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.

(2)

This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the authority of the State specified opposite that land in Column 2 of the Table.

(3)

Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 3 of the Table.

Column 1

Column 2

Column 3

Land

Authority

Development

Zone RE1 Public Recreation and marked “Local open space”

Council

Recreation areas

Zone RE1 Public Recreation and marked “Regional open space”

The corporation constituted under section 2.5 of the Act

Recreation areas

Zone SP2 Infrastructure and marked “Classified road”

Roads and Traffic Authority

Roads

Zone SP2 Infrastructure and marked “Local road”

Council

Roads

cl 5.1A: Am 2019 (621), Sch 1.11[2].

5.2Classification and reclassification of public land(1)

The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 4—

  • (a)

    does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

  • (b)

    continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

  • (a)

    those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

  • (b)

    any reservations that except land out of the Crown grant relating to the land, and

  • (c)

    reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note—

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3Development near zone boundaries(1)

The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)

This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.

(3)

This clause does not apply to—

  • (a)

    land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or

  • (ab)

    land in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone B1 Neighbourhood Centre, Zone B3 Commercial Core, Zone B4 Mixed Use, Zone B5 Business Development, Zone B7 Business Park, Zone IN2 Light Industrial, Zone IN4 Working Waterfront, Zone SP1 Special Activities and Zone RE2 Private Recreation, or

  • (b)

    land within the coastal zone, or

  • (c)

    land proposed to be developed for the purpose of sex services or restricted premises.

(4)

Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

  • (a)

    the development is not inconsistent with the objectives for development in both zones, and

  • (b)

    the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)

This clause does not prescribe a development standard that may be varied under this Plan.

Note—

Because of the exclusions referred to in subclause (3), this clause only applies to land in Zone SP2 Infrastructure.

cl 5.3: Am 2011 (363), Sch 20 [17].

5.4Controls relating to miscellaneous permissible uses(1)

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

Note—

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2)

If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.

(3)

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.

(4)

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—

  • (a)

    25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

  • (b)

    400 square metres,

whichever is the lesser.

(5)

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.

(6)

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 200 square metres.

(7AA)

If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.

(8)

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 8 square metres.

(9)

If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—

  • (a)

    60 square metres,

  • (b)

    11% of the total floor area of the principal dwelling.

(10)

If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—

  • (a)

    25% of the gross floor area of the industry, or

  • (b)

    400 square metres,

whichever is the lesser.

cl 5.4: Am 2011 (363), Sch 20 [18] [19]; 2018 (406), Sch 1.118 [1] [2].

5.5Controls relating to secondary dwellings on land in a rural zone

[Not adopted]

5.6Architectural roof features

[Not adopted]

5.7Development below mean high water mark(1)

The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.

(2)

Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

5.8Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

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

  • (a)

    converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW 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 Fire and Rescue NSW to monitor fire alarm systems.

5.9Dwelling house or secondary dwelling affected by natural disaster

[Not adopted]

cl 5.9: Am 2011 (363), Sch 20 [20].

5.9AA

(Repealed)

5.10Heritage conservationNote—

Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

(1)

The objectives of this clause are as follows—

  • (a)

    to conserve the environmental heritage of Ryde,

  • (b)

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

  • (c)

    to conserve archaeological sites,

  • (d)

    to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Development consent is required for any of the following—

  • (a)

    demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—

    • (i)

      a heritage item,

    • (ii)

      an Aboriginal object,

    • (iii)

      a building, work, relic or tree within a heritage conservation area,

  • (b)

    altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

  • (c)

    disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

  • (d)

    disturbing or excavating an Aboriginal place of heritage significance,

  • (e)

    erecting a building on land—

    • (i)

      on which a heritage item is located or that is within a heritage conservation area, or

    • (ii)

      on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

  • (f)

    subdividing land—

    • (i)

      on which a heritage item is located or that is within a heritage conservation area, or

    • (ii)

      on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

However, development 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, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

    • (ii)

      would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, 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 an Aboriginal place of 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 in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document 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—

  • (a)

    on land on which a heritage item is located, or

  • (b)

    on land that is within a heritage conservation area, or

  • (c)

    on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document 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 heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

  • (a)

    notify the Heritage Council of its intention 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 an Aboriginal place of 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 by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

  • (b)

    notify the local Aboriginal communities, in writing or in such other manner as may be 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 under this clause for the demolition of a nominated State heritage item—

  • (a)

    notify the Heritage Council about the application, and

  • (b)

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

(10)

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, 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 or Aboriginal place of heritage significance is facilitated by the granting of consent, and

  • (b)

    the proposed development is in accordance with a heritage management document 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 management document is carried out, and

  • (d)

    the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

  • (e)

    the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

5.11Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

Note—

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

5.12Infrastructure development and use of existing buildings of the Crown(1)

This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.

(2)

This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

5.13Eco-tourist facilities

[Not applicable]

cl 5.13: Ins 2011 (363), Sch 20 [21].

5.14Siding Spring Observatory—maintaining dark sky

[Not adopted]

5.15Defence communications facility

[Not adopted]

5.16Subdivision of, or dwellings on, land in certain rural, residential or conservation zones

[Not applicable]

5.17Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations

[Not applicable]

5.18Intensive livestock agriculture

[Not applicable]

5.19Pond-based, tank-based and oyster aquaculture(1)

The objectives of this clause are as follows—

  • (a)

    to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,

  • (a)

    an artisan food and drink industry, or

  • (b)

    farm gate premises.

Note—

Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.

restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.

restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;

  • (a), (b)

    (Repealed)

  • (c)

    food and drink premises,

  • (d)

    garden centres,

  • (e)

    hardware and building supplies,

  • (f)

    kiosks,

  • (g)

    landscaping material supplies,

  • (h)

    markets,

  • (i)

    plant nurseries,

  • (j)

    roadside stalls,

  • (k)

    rural supplies,

  • (l)

    shops,

  • (la)

    specialised retail premises,

  • (m)

    timber yards,

  • (n)

    vehicle sales or hire premises,

but does not include farm gate premises, highway service centres, service stations, industrial retail outlets or restricted premises.

Note—

Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.

road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note—

See clause 5.4 for controls relating to the gross floor area of roadside stalls.

Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—

  • (a)

    agricultural produce industries,

  • (b)

    livestock processing industries,

  • (c)

    composting facilities and works (including the production of mushroom substrate),

  • (d)

    sawmill or log processing works,

  • (e)

    stock and sale yards,

  • (f)

    the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note—

Rural industries are not a type of industry—see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note—

Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note—

Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

Ryde Town Centre Precincts Map means the Ryde Local Environmental Plan 2010 Ryde Town Centre Precincts Map.

sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.

Note—

Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.

school means a government school or non-government school within the meaning of the Education Act 1990.

Note—

Schools are a type of educational establishment—see the definition of that term in this Dictionary.

school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.

Note 1—

Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.

Note 2—

School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.

secondary dwelling means a self-contained dwelling that—

  • (a)

    is established in conjunction with another dwelling (the principal dwelling), and

  • (b)

    is on the same lot of land as the principal dwelling, and

  • (c)

    is located within, or is attached to, or is separate from, the principal dwelling.

Note—

See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.

Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note—

Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Note—

Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is—

  • (a)

    a residential care facility, or

  • (b)

    a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or

  • (c)

    a group of independent living units, or

  • (d)

    a combination of any of the buildings or places referred to in paragraphs (a)–(c),

and that is, or is intended to be, used permanently for—

  • (e)

    seniors or people who have a disability, or

  • (f)

    people who live in the same household with seniors or people who have a disability, or

  • (g)

    staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital.

Note—

Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—

  • (a)

    the ancillary sale by retail of spare parts and accessories for motor vehicles,

  • (b)

    the cleaning of motor vehicles,

  • (c)

    installation of accessories,

  • (d)

    inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

  • (e)

    the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note—

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—

  • (a)

    pipelines and tunnels, and

  • (b)

    pumping stations, and

  • (c)

    dosing facilities, and

  • (d)

    odour control works, and

  • (e)

    sewage overflow structures, and

  • (f)

    vent stacks.

Note—

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note—

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following—

  • (a)

    biosolids treatment facility,

  • (b)

    sewage reticulation system,

  • (c)

    sewage treatment plant,

  • (d)

    water recycling facility,

  • (e)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Note—

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.

Note—

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—

  • (a)

    an advertising structure,

  • (b)

    a building identification sign,

  • (c)

    a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note—

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—

  • (a)

    any basement,

  • (b)

    any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,

  • (c)

    any eaves,

  • (d)

    unenclosed balconies, decks, pergolas and the like.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note—

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—

  • (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, hire or display of other goods referred to in this definition.

Note—

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note—

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

  • (a)

    a space that contains only a lift shaft, stairway or meter room, or

  • (b)

    a mezzanine, or

  • (c)

    an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

    that is capable of being filled with water to a depth of 300 millimetres or more, and

  • (b)

    that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note—

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note—

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

    any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

  • (c)

    any other thing used in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note—

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note—

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means—

  • (a)

    mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

  • (b)

    shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note—

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note—

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note—

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note—

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note—

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note—

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note—

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note—

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

  • (a)

    natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

  • (b)

    artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

  • (a)

    facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

  • (b)

    facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

  • (c)

    wharves for commercial fishing operations,

  • (d)

    refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

  • (e)

    sea walls or training walls,

  • (f)

    administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Historical notesTable of amending instruments

Ryde Local Environmental Plan 2010 (316). LW 30.6.2010. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2011

(102)

Standard Instrument (Local Environmental Plans) Amendment Order 2011. LW 25.2.2011.

Date of commencement, on publication on LW, cl 2. The amendments made by Sch 2 have effect 4 months after that commencement. See cl 9 (1) of the Standard Instrument (Local Environmental Plans) Order 2006 (155).

(362)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011. LW 13.7.2011.

Date of commencement, on publication on LW, cl 2.

(363)

State Environmental Planning Policy Amendment (Standard Instrument) 2011. LW 13.7.2011.

Date of commencement, on publication on LW, cl 2.

No 41

Transport Legislation Amendment Act 2011. Assented to 13.9.2011.

Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011.

2012

(77)

Ryde Local Environmental Plan 2010 (Amendment No 2). LW 2.3.2012.

Date of commencement, on publication on LW, cl 2.

(94)

Ryde Local Environmental Plan 2010 (Amendment No 3). LW 9.3.2012.

Date of commencement, on publication on LW, cl 2.

(325)

Ryde Local Environmental Plan 2010 (Amendment No 4). LW 13.7.2012.

Date of commencement, on publication on LW, cl 2.

(506)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012.

Date of commencement, on publication on LW, cl 2.

No 96

Forestry Act 2012. Assented to 21.11.2012.

Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.

2013

No 5

Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013.

Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.

(552)

State Environmental Planning Policy Amendment (North Ryde Station Precinct) 2013. LW 23.9.2013.

Date of commencement, on publication on LW, cl 2.

(584)

Ryde Local Environmental Plan 2010 (Amendment No 5). LW 4.10.2013.

Date of commencement, on publication on LW, cl 2.

No 111

Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013.

Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.

2014

No 33

Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014.

Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.

(513)

Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014.

Date of commencement, on publication on LW, cl 2.

2015

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 3, 15.7.2015, sec 2 (3).

2016

(43)

Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016.

Date of commencement, 27.1.2016, cl 2.

(126)

Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016.

Date of commencement, on publication on LW, cl 2.

(309)

Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016.

Date of commencement, 56 days after publication on LW, cl 2.

2017

(453)

Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017.

Date of commencement, 25.8.2017, cl 2.

(492)

Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017.

Date of commencement, on publication on LW, cl 2.

(493)

State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017.

Date of commencement, on publication on LW, cl 2.

2018

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018.

Date of commencement, 3.4.2018, cl 2.

(154)

Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018.

Date of commencement, on publication on LW, cl 2.

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.

(404)

Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(405)

Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(406)

State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018.

Date of commencement, on publication on LW, cl 2.

(477)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018.

Date of commencement, 31.8.2018, cl 2.

(488)

State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018.

Date of commencement of Sch 1.1 and 1.2, 31.8.2018, cl 2 (1).

No 46

Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018.

Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.

(717)

Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018.

Date of commencement, 10.12.2018, cl 2.

2019

(133)

Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

No 1

Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019.

Date of commencement of Sch 2.27, 14 days after assent, sec 2 (1).

(620)

Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019.

Date of commencement, 15.1.2020, cl 2.

(621)

State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Schs 1.11, 3 and 5, 15.1.2020, cl 2(1).

2020

(155)

Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020.

Date of commencement, on publication on LW, cl 2.

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).

(636)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020.

Date of commencement, 28.10.2020, cl 2.

No 40

Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020.

Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.

(762)

Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020.

Date of commencement, 1.2.2021, cl 2.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

(225)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(301)

Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021.

Date of commencement, 23.6.2021, cl 2.

(650)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021.

Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3: not in force. Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2.

(711)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021.

Date of commencement, on publication on LW, cl 2.

2022

(71)

Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022.

Date of commencement, 9.3.2022, cl 2.

(592)

Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022.

Date of commencement, 1.12.2022, cl 2.

(628)

Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, cl 2.

(629)

State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, sec 2.

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.9A

Am 2011 (363), Sch 20 [1]; 2019 (621), Schs 1.11[1], 5[2] [3].

Land Use Table

Am 2011 (363), Sch 20 [2]–[13]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 No 1, Sch 2.27; 2019 (621), Sch 3.

Cl 4.1AA

Ins 2011 (363), Sch 20 [14].

Cl 4.1A

Am 2013 (552), Sch 1 [1].

Cl 4.3

Am 2013 (552), Sch 1 [2].

Cl 4.4A

Am 2013 (552), Sch 1 [3].

Cl 4.5B

Am 2013 (552), Sch 1 [4].

Cl 4.6

Am 2011 (363), Sch 20 [15] [16].

Cl 5.1A

Am 2019 (621), Sch 1.11[2].

Cl 5.3

Am 2011 (363), Sch 20 [17].

Cl 5.4

Am 2011 (363), Sch 20 [18] [19]; 2018 (406), Sch 1.118 [1] [2].

Cl 5.9

Am 2011 (363), Sch 20 [20].

Cl 5.13

Ins 2011 (363), Sch 20 [21].

Cl 5.23

Ins 2022 (629), Sch 2[1].

Cl 6.8

Am 2017 (493), Sch 1.2 [1] [2].

Cl 6.9

Ins 2013 (552), Sch 1 [5].

Sch 1

Am 2011 (363), Sch 20 [22]–[24]; 2013 (552), Sch 1 [6]; 2013 (584), cl 5; 2017 (493), Sch 1.2 [2]; 2018 (488), Sch 1.2.

Sch 6

Am 2012 (77), cl 5.

Maps

Am 2012 (77), cl 4; 2012 (94), cl 4; 2012 (325), cl 4; 2013 (552), cl 3; 2013 (584), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

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