State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021 (NSW)
This Policy is State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021.
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
In this Policy—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
The aims of this Chapter are as follows—
(a) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,
(b) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.
On the repeal of Part 3A of the Act, this Chapter is subject to Schedule 6A to the Act.
Schedule 6A of the Act sets out those projects which will continue as Part 3A projects (
The repeal of clauses 6–6C and Schedules 1, 2 and 5 of this Chapter, and the other amendments made to this Chapter, by the State Environmental Planning Policy (State and Regional Development) 2011 do not affect any of the following—
(a) the declaration under this Chapter of a project as a project or a critical infrastructure project under Part 3A, if that project is a transitional Part 3A project,
(b) any certificate in force under clause 6C immediately before that repeal.
Particular development is not a transitional Part 3A project if—
(a) another provision of this Chapter or a provision of another environmental planning instrument, whether made before or after this Chapter takes effect, provides that the particular development is exempt or complying development, and
(c) the particular development is not carried out as part of or in conjunction with other development that is a transitional Part 3A project.
In this Chapter—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Chapter.
Words and expressions used in this Chapter have the same meaning as they have in Schedule 6A to the Act.
A reference to this Chapter includes a reference to an Appendix made under this Chapter.
A reference in this Chapter to a named map adopted by this Chapter is a reference to a map by that name—
(a) approved by the Minister 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 Minister when the instruments are made.
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Chapter to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Chapter, a map may be in, and may be kept and made available in, electronic or paper form, or both.
A map referred to in an Appendix made under this Chapter is taken to be a map adopted by this Chapter.
This Chapter applies to the State.
Subject to section 74(1) of the Act, in the event of an inconsistency between this Chapter and another environmental planning instrument whether made before or after the commencement of this Chapter, this Chapter prevails to the extent of the inconsistency.
(Repealed)
A development application or an application for a complying development certificate lodged, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2022 must be determined as if that Policy had not commenced.
Development may continue as if State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2022 had not commenced if—
(a) the carrying out of the development started before the commencement of that Policy, and
(b) the development was, immediately before the commencement of that Policy, development specified in section 2.9.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
Each Appendix made under this Chapter describes a State significant precinct and contains provisions relating to the carrying out of development in the State significant precinct.
The Minister may publish guidelines for proposals to amend an Appendix made under this Chapter.
Subsection (2) does not prevent an amendment of an Appendix made under this Chapter without compliance with the guidelines.
The Minister is the consent authority under the Act, Part 4 for development requiring consent under that Part that is of a kind specified in this section, other than development that is—
(a) a transitional Part 3A project, or
(b) State significant development, or
(c) State significant infrastructure.
Development with an estimated development cost of not more than $10 million on land to which Appendix 3 applies.
Development controls in relation to the Redfern–Waterloo Authority Sites for development under the Act, Part 4 are contained in Appendix 3.
(Repealed)
Development within the area identified as Glebe Island, White Bay and Rozelle Bay on the Sydney Harbour Port and Related Employment Lands Map, if the development—
(a) has an estimated development cost of not more than $10 million, and
(b) is carried out by a person other than a public authority.
Development with an estimated development cost of not more than $10 million within the area identified as Luna Park on the State Significant Development Sites Map under State Environmental Planning Policy (State and Regional Development) 2011.
Development with an estimated development cost of more than $10 million on land to which Appendix 8 applies.
Development with an estimated development cost of not more than $10 million on land identified as “Redfern–North Eveleigh Paint Shop Sub-precinct” on the Locality and Site Identification Map under Sydney Local Environmental Plan 2012.
Despite subsection (1), the Minister is not the consent authority for particular development under this section if—
(a) another provision of this Chapter or a provision of another environmental planning instrument, whether made before or after this Chapter takes effect, provides that the development is exempt or complying development, and
(b) the development is not carried out as part of or in conjunction with other development for which the Minister is the consent authority.
Development specified in this section is development that does not require consent under the Act, Part 4.
Development specified in this section will be subject to the environmental assessment and approval requirements of the Act, Part 5 if it is not a transitional Part 3A project or State significant infrastructure.
Development with an estimated development cost of not more than $10 million carried out by a public authority within the area identified as Glebe Island, White Bay and Rozelle Bay on the Sydney Harbour Port and Related Employment Lands Map.
Subject to section 75S of the Act, a subdivision certificate may be issued by an accredited certifier for a subdivision that is a transitional Part 3A project in accordance with section 6.5(3)(a) of the Act.
This Chapter terminates the powers and functions of the Minister administering the Walsh Bay Development (Special Provisions) Act 1999 as the consent authority under the Environmental Planning and Assessment Act 1979 and appoints the Council of the City of Sydney as the consent authority for that development.
This section does not affect the operation of Part 3A of the Act in relation any development at Walsh Bay that is a transitional Part 3A project.
This section does not affect the operation of Division 4.7 or 5.2 of the Act in relation to any development at Walsh Bay that is development to which those provisions apply.
The above provision is authorised by section 9(3) of the Walsh Bay Development (Special Provisions) Act 1999.
This section applies to development on land identified as a Sydney Harbour Foreshore Site on the Sydney Harbour Foreshore Sites Map that is not State significant development.
Despite clauses 22(1) and 28(1) of Schedule 6 to the Act, the consent authority for development to which this section applies is the Council of the City of Sydney.
The Sydney Harbour Foreshore Sites include land that was part of the Darling Harbour Development Area and land that was part of the Sydney Cove Development Area.
The Council of the City of Sydney is the consent authority for development on land in the Sydney Harbour Foreshore Sites that is in Walsh Bay under this Policy, Chapter 5, and the Bank Street Precinct, Circular Quay and the Sydney Casino (under Sydney Local Environmental Plan 2005).
Except as provided by subsection (2), this Chapter applies to the whole of the land within the Development Area, as varied from time to time.
This Chapter does not apply to land in respect of which an order is in force under clause 3B of the Darling Harbour Authority Regulation 1984.
The objects of this Chapter are—
(a) to promote the development of the Darling Harbour area as part of the State’s Bicentennial Program,
(b) to encourage the development of a variety of tourist, educational, recreational, entertainment, cultural and commercial facilities within that area, and
(c) to make provision with respect to controlling development within that area.
The means whereby this Chapter aims to achieve its objects are—
(a) by providing that certain kinds of development may not be carried out in the Darling Harbour area otherwise than in accordance with the terms of a permit,
(b) by prohibiting all other kinds of development within that area, and
(c) by ensuring that the controls that apply in that area in relation to the carrying out of development apply also in relation to the demolition and renovation of buildings and works.
This Chapter does not apply to or in respect of any act, matter or thing done or caused to be done by the Authority pursuant to Part 3 of the Act.
In this Chapter, except in so far as the context or subject-matter otherwise indicates or requires—
Such of the expressions used in Schedule 1 as are defined in the City of Sydney Planning Scheme Ordinance have the same meanings as they have in that Ordinance.
Development—
(a) for the purposes of tourist, educational, recreational, entertainment, cultural or commercial facilities (other than facilities used for pawnbroking or other forms of moneylending),
(b) for the purposes of transport facilities,
(c) for the purposes of beautifying the landscape,
(d) for any purpose specified in Schedule 1, or
(e) for any purpose incidental or subsidiary to a purpose referred to in paragraph (a), (b), (c) or (d),
may not be carried out except with a permit being obtained therefor.
Development of a kind not referred to in section 3.5, or of a kind referred to in section 3.5 by way of exception only, is prohibited.
The renovation or demolition of a building or work may not be carried out except with a permit being obtained therefor.
Part 5 of the Act applies to and in respect of the renovation or demolition of a building or work in the same way as it applies to and in respect of the carrying out of development.
This section applies to that part of Lot 1, DP 775101, on which the building known as the Corn Exchange is situated.
Conservation of the Corn Exchange may not be carried out except with a permit being obtained therefor.
Part 5 of the Act applies to and in respect of the conservation of the Corn Exchange in the same way as it applies to and in respect of the carrying out of development.
The Authority shall not grant a permit that would allow the Corn Exchange to be demolished, damaged or despoiled.
In determining an application for a permit for the development, conservation or renovation of the Corn Exchange, the Authority shall ensure that the heritage value of the Corn Exchange is maintained.
This section does not prevent the Authority from granting a permit for the development, conservation or renovation of the Corn Exchange that enhances, or does not detract from, its heritage value.
This section applies to Lot 1, DP 775101, other than that part of that lot on which the building known as the Corn Exchange is situated.
In determining an application for a permit for the carrying out of development on the land to which this section applies, or for the renovation or demolition of any building situated on that land, the Authority—
(a) shall ensure that the heritage value of the Corn Exchange is maintained, and
(b) shall ensure that—
(i) a sufficient number of the buildings situated on the land are retained, and
(ii) any infill development is carried out on the street frontage,
so as to maintain the coherence of the streetscape.
This section applies to land (other than Lot 1, DP 775101) in the vicinity of the Corn Exchange.
In determining an application for a permit for the carrying out of development on the land to which this section applies, or for the renovation or demolition of any building situated on that land, the Authority shall take into consideration the effect of the proposed development, renovation or demolition on the heritage value of the Corn Exchange.
This Chapter applies to the land shown on Map 1 as the City West area, except such of that land as is shown as “excluded” on that map and such of that land as is within waters to which State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6 applies.
The land to which this Chapter applies is part of the Sydney Region and is referred to in this Chapter as “City West”.
However, this Chapter does not apply to land to which Sydney Local Environmental Plan 2012 applies.
Four Precincts are intended to be created within City West.
The “Ultimo-Pyrmont Precinct” is created by this Chapter and is the land indicated by heavy black edging on Map 2, Sheet 1.
The “Eveleigh Precinct” is created by Sydney Regional Environmental Plan No 26—City West (Amendment No 1—Eveleigh Precinct) and is the land indicated by heavy black edging on Map 2, Sheet 2.
The “Bays Precinct” is created by Sydney Regional Environmental Plan No 26—City West (Amendment No 7—Bays Precinct) and is the land indicated by heavy black edging on Map 2, Sheet 3.
The aims of this Chapter are—
• to establish planning principles of regional significance for City West as a whole with which development in City West should be consistent, and
• to establish planning principles and development controls of regional significance for development in each Precinct created within City West by this Chapter and by subsequent amendment of this Chapter, and
• to promote the orderly and economic use and development of land within City West.
The planning principles for City West as a whole have effect in accordance with Part 2 in addition to other Regional Environmental Plans, State Environmental Planning Policies and (except in the case of land within a Precinct) local environmental plans.
Part 3 replaces all local environmental plans that applied to a Precinct before the Precinct was created.
Each of the following instruments is repealed to the extent that it would otherwise apply to land within a Precinct—
• Sydney Local Environmental Plan No 30, and
• City of Sydney Planning Scheme Ordinance, and
• South Sydney Local Environmental Plan No 107 (Erskineville/Alexandria and Surry Hills), and
• Interim Development Order No 27—Municipality of Leichhardt, and
• Leichhardt Local Environmental Plan No 20, and
• any other local environmental plan or deemed environmental planning instrument.
Any agreement, covenant or other similar instrument does not apply to development allowed by this Chapter to the extent necessary to allow the development to be carried out in accordance with this Chapter, and any consent granted pursuant to this Chapter, as in force from time to time.
This section does not affect the application of any of the following—
• any agreement, covenant or other similar instrument entered into, before or after the commencement of this section, by the Minister, Sydney City Council, South Sydney City Council or the Sydney Harbour Foreshore Authority, or
• any covenant required, before or after the commencement of this section, by a condition of a development consent or by the Minister, Sydney City Council, South Sydney City Council or the Sydney Harbour Foreshore Authority.
The Governor approved of this section before Sydney Regional Environmental Plan No 26—City West (Amendment No 9) was made.
Certain terms used in this Chapter are defined in Schedule 2. To the extent that any particulars shown on a Sheet specified in the definition of a map in Schedule 2 are inconsistent with particulars shown on a Sheet listed later in that definition, the particulars shown on the Sheet listed later prevail.
Notes included in this Chapter do not form part of this Chapter.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.
This Part applies to City West.
Before granting consent to a development application relating to land within City West (whether or not within a Precinct), the consent authority must take into consideration the aim of this Chapter that development within City West should be consistent with the planning principles for City West set out in the Table to this section.
Development in City West is to promote urban consolidation in the Sydney Region and consequently contribute to Sydney’s status as a financial, commercial, residential and tourist city of world standing.
Development in City West is to provide benefits to the people of the Sydney Region and New South Wales.
The types and intensities of development in City West are to reflect its central location and accessibility to public transport and are to support and to complement development in the city centre.
Development in City West is to contribute to an integrated mixed-use development pattern containing a wide range of housing and employment opportunities, and educational, recreation and cultural activities.
Development in City West is to house an increased population and to provide an increased quantity and range of employment opportunities which are compatible with the achievement of a high-quality mixed living and working environment.
Development in City West is to promote and retain close to the city centre a socially diverse residential population representative of all income groups.
Development in City West is to provide different kinds of housing, including affordable housing, to ensure that low to moderate income households may continue to be able to live in City West.
Development in City West is to provide opportunities for people to live and work at places in close proximity.
Development relating to educational establishments should be based on strategies for their growth and response to technological and other changes, and their integration with surrounding development.
Full advantage is to be taken of the leisure and recreation facilities and the public open space in the city centre and in surrounding areas (particularly in City West) and the use of Sydney Harbour for leisure and recreation.
Public access to the entire foreshore in City West is to be provided. Opportunities for waterfront and water-based recreation and tourism activities, compatible with adjoining land uses, are to be provided.
The operation, concentration and rationalisation of commercial shipping facilities is to be supported to meet the changing needs of Sydney Harbour as a commercial port.
The needs of existing and future communities, including needs for social facilities and services are to be accommodated.
Development in City West is to ensure a high level of environmental quality by addressing issues of air quality, noise levels, wind conditions, access to light and sunshine, privacy, soil conditions and water quality.
Development in City West is to have regard to the principles of ecologically sustainable development (namely, the precautionary principle, inter-generational equity, conservation of biological diversity and ecological integrity, and improved valuation, pricing and incentive mechanisms).
Development in City West is to—
• incorporate measures to minimise waste, including (where practicable) utilising recycled materials and renewable building resources, recycling building and demolition wastes, and providing facilities for recycling and composting, and
• implement total water cycle management, including (where practicable) reducing consumption of potable water, treating and recycling waste water for re-use, minimising site run-off and stormwater generation, and reusing stormwater, and
• incorporate measures to conserve energy, including (where practicable) reducing energy consumption, and increasing inherent energy efficiency through design and materials selection, and
• promote biological diversity by measures that include (where practicable) increasing habitat through appropriate retention, planting and maintenance of native flora considered representative of the locality, and
• complement and reinforce the development and use of the existing and planned integrated public transport, pedestrian and cycling networks in City West.
Development in City West is to enhance, complement and contribute to the development of the public domain in order to create a high-quality physical environment for access, enjoyment and recreation for residents and workers.
Development in City West is to contribute to a high level of residential amenity and convenience.
The items and areas of heritage significance in City West are to be conserved and enhanced. New development is to respect the character of heritage items and conservation areas. The re-use of heritage buildings through adaptation and modification is to be encouraged.
A range of housing and work, leisure and service facilities is to be provided in City West so that the need for travel is minimised.
A high degree of accessibility is to be provided to places in and outside City West for both able and disabled persons. Walking, cycling and use of public transport are to be encouraged as the means of movement.
Development in City West is to facilitate the provision and operation of a comprehensive regional public transport network.
Development, particularly that which is employment related, is to be within the capacities of existing and proposed public transport and arterial road systems.
The provision for vehicular movement is to be consistent with the development of a high-quality pedestrian environment within the street system.
Parking controls are to support public transport strategies of the Government and to reflect road network capacities.
Development is to contribute towards the efficient use of City West’s existing infrastructure and towards the provision of physical and social infrastructure as part of the development process, in accordance with the provisions of the Act.
This Part applies to each Precinct.
All development that is permissible within a Precinct (including the demolition of buildings) requires the consent of the consent authority, except development described in Schedule 3.
Nothing in this section prevents exempt development or complying development from being carried out in accordance with State Environmental Planning Policy (Infrastructure) 2007 on land to which that Policy applies.
The relevant council is the consent authority for the purposes of this Part, except as provided by the Act.
Land to which this Chapter applies may be subdivided, but only with development consent.
If a subdivision is specified as
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
Before granting consent to a development application relating to land within a Precinct, the consent authority must take into consideration the aim of this Chapter that development within the Precinct should be consistent with the planning principles set out for the Precinct in the Table to this section.
Development in the Precinct is to provide for a significant increase in residential population in a mixed use development pattern also accommodating employment, educational and other uses.
Because land values in the Precinct may reasonably be expected to increase when land in the Precinct is developed in accordance with this Chapter, development in the Precinct is to provide affordable housing to ensure that low to moderate income households may continue to be able to live in the Precinct.
Where possible, development is to make use of existing under-utilised buildings and large areas of land which are either vacant or occupied by out of date facilities.
Development is to take full advantage of the Precinct’s existing facilities, proximity to Darling Harbour, Central Station and other facilities of the city centre, and the extensive Pyrmont waterfront.
Retail development providing for the full range of neighbourhood needs is to be encouraged.
Uses at the ground level of buildings fronting the public domain should complement the functions of the public domain.
A diverse housing stock is to be developed in the Ultimo-Pyrmont Precinct to cater for all households, including singles, couples, families, groups, the elderly, the disabled and lower income earners.
A mixture of dwelling types and sizes should be provided to enable a diverse community and promote housing choice.
High quality housing with adequate facilities and sustainable design is to be developed to encourage long-term residents and achieve urban consolidation.
A range of services and facilities should be provided to meet the needs of the existing and new residents and workers, including retail, leisure, recreational and welfare facilities that promote the health and well-being of the community and recognise its cultural and ethnic diversity.
Urban design is to enhance the conviviality and sense of place of the Ultimo-Pyrmont Precinct and reflect the character and heritage of the Precinct.
Development is to enable surveillance and to enhance street level activity to increase actual and perceived security.
Development is to enhance the creation of a diverse resident community through the provision of a range of dwelling unit types and sizes.
Building heights are to reflect and emphasise the topography of the Precinct by increasing in height as distance increases from the nearest waterfront. Building heights should allow a reasonable sharing of distant views from buildings by their occupants.
The heights and scale of buildings are to form a transition between the high-rise buildings in the city and low-rise buildings in the suburbs adjoining the Precinct.
The heights and scale of new buildings are to respect existing buildings in the locality, particularly heritage items and buildings in conservation areas.
The heights and form of buildings are to take account of visual impact, solar access, wind impact and, where appropriate, the privacy of residences, in order to contribute to a high quality of environmental amenity in intensively used parts of the public domain and in residential areas.
Buildings fronting the public domain should have appropriate height, bulk, finish and street alignment so as to enhance its quality by respecting its character. In general the scale of street facades must respect the width of adjoining streets or lanes, adjoining heritage items or other contextual elements.
Higher buildings may be accommodated—
• if they will emphasise existing or former high points in the natural ground level on Distillery Hill, Pyrmont Point, Darling Island and adjoining the CSR Stables, they will reflect the former vertical smoke-stack elements of the Pyrmont Point Power Station, or they will provide a suitable axial focal point in the vista down Liverpool Street, and
• if they will not compromise the environmental amenity and general scale of development in their locality.
Development on the waterfront and on adjoining land is to maximise the environmental quality of those parts of the peninsula for all users.
Public recreation areas are to provide for a range of recreational opportunities for the residents of and workers within the Precinct.
Coordinated pedestrian and cycling networks are to be provided throughout the Precinct and to link with the city centre and suburbs adjoining the Precinct. Access to major natural features such as foreshores and escarpments is to be included.
The passage of through motor traffic in residential areas and areas of pedestrian and cycling priority is to be discouraged.
Public and private sector high technology industrial enterprises involved in research and development should be promoted within the Precinct. Advantage should be taken of the Precinct’s proximity to the University of Sydney, the University of New South Wales and the University of Technology, Sydney.
Development in the Precinct is to include employment opportunities for people residing in, and in the vicinity of, the Precinct.
Development is to provide affordable housing which will supplement the existing housing within the Precinct.
Development is to allow the continued use of land within the Precinct for railway purposes by the State Rail Authority.
Development is to take advantage of Redfern Railway Station as a major regional public transport node.
The provision of on-site car parking within the Precinct is to be strictly limited and the use of public transport maximised.
Development is to make efficient use of surplus Government owned land and any heritage items located on that land.
Development is to incorporate cultural and community facilities to assist in meeting the needs of the various groups constituting the residential and working populations of the locality.
Development is to be compatible with and enhance the surrounding land uses in Waterloo, Redfern and Darlington.
The height of new buildings should reflect and emphasise the topography of the Precinct, at the same time respecting the height and scale of heritage items.
New buildings within the Precinct that are close to the Precinct boundaries are to respect the character and height of buildings in their immediate vicinity.
Higher buildings may be accommodated towards the eastern part of the Precinct to the south of the Locomotive Workshop building and Garden Street, to provide a focus and symbol for development. Any such buildings should not compromise the environmental amenity, heritage significance and general scale of development in their locality.
Development involving former railway buildings and associated items of heritage significance is to result in their conservation and re-use.
Public recreation areas are to provide for a range of recreational opportunities for the residents and workers within the Precinct.
Links for pedestrians, cyclists and disabled people are to provide access to buildings and other places within the Precinct and access across the Precinct from Darlington to the Redfern/Waterloo commercial area.
Development should reinforce and complement the role of the Precinct as a major inner-harbour port and maritime location. Development should recognise that the port operates for 24 hours of the day and that the generation of noise, lighting and traffic movement is necessarily associated with its operation.
Development in the Precinct is to provide for a mixture of commercial port, port-related, employment, waterfront and recreational uses, but is not to include residential development. The existing diversity and maritime character of the Precinct, particularly the mixed use of waterfront areas, should be retained.
Development is to take full advantage of the Precinct’s location and its infrastructure, particularly rail or light rail facilities, for the port and other employment generating activities.
Development is to encourage the environmental rejuvenation of the Precinct. Where possible, future development is to encourage the segregation of port traffic from residential and recreational areas.
Development is to make efficient use of surplus government owned land.
Development is to encourage the conservation of and adaptation for re-use of existing heritage items and structures for uses compatible with new development.
Development is to contribute to improved water quality in Rozelle Bay and Blackwattle Bay.
Development on the waterfront and on land adjoining Rozelle Bay and Blackwattle Bay is to enhance the environmental quality of those areas for all users.
Design principles to be developed in detailed planning should recognise the working industrial nature of the Precinct in close proximity to residential areas.
Development along the Precinct boundary should relate to and not adversely affect the adjoining street systems and built forms.
The siting and form of development in all areas must consider impacts on views from within the Precinct and to and across the Precinct from surrounding areas.
Public recreation areas are to provide for a range of recreational opportunities for those working in and visiting the Precinct.
The siting and form of development must consider creating, retaining and enhancing views and vistas from the water and public domain.
Links for pedestrians, cyclists, and persons with disabilities are to be provided through the Precinct and to link and integrate the Precinct with adjoining areas.
Links through the Precinct, including public access to the foreshores, should recognise the safety and security issues associated with commercial port and maritime activities.
Development should help to create a high quality public domain in the Precinct.
Master plans for all areas should identify opportunities for public recreation, public access through sites and links to adjoining pedestrian and cyclist networks.
Land in each Precinct is within one of the following zones—
• Residential
• Residential-Business
• Public Recreation
• Waterways
• Railways
• Waterfront Use
• Port and Employment
The zoning of land is shown on Map 2.
Development for the purposes of roads, rail and light rail transport undertakings and facilities, fire stations and other emergency services facilities, and public utility undertakings are permissible in any zone.
The only uses permissible in this zone are—
• residential development; open space; recreational facilities; community facilities; non tertiary educational establishments; small-scale restaurants, retail outlets, commercial undertakings and professional services to serve the neighbourhood; public utility undertakings; other uses which the consent authority is satisfied are strictly consistent with the zone objectives.
The
• to protect existing residential areas and identify future residential areas, and
• to ensure that land within the zone is primarily used for residential purposes, and
• to limit the range, scale and locations of non-residential uses to ensure that they are compatible with residential amenity and primarily serve local residents, and
• to prohibit tourist development in residential areas (including serviced apartments, hotels and associated tourist facilities) and to prohibit brothels, and
• to limit advertising to a level compatible with the creation of a high-quality residential and mixed use area.
Non-residential uses are not to be located above the ground floor level of buildings in this zone, except where Activity Strips (as referred to in section 4.23) are indicated on Sheet 1 of Map 2 and Sheet 1 (1995 Update) of Map 2 in which case non-residential uses are also permissible on the first floor.
Only uses which the consent authority is satisfied are generally consistent with one or more of the zone objectives are permissible in this zone.
The
• to promote a wide range of uses, particularly business development including tourist, leisure, commercial, retail and office development consistent with the Precinct’s proximity to the Sydney CBD, harbour locations and transport infrastructure, and
• to accommodate residential development to a level compatible with adjoining business uses and consistent with the objective of creating a mixed use area, and
• to accommodate uses which generate employment opportunities and provide facilities and services that enable people to live and work in the same community, and
• to ensure that the total amount of employment-generating development is compatible with the traffic capacity of the Precinct and adjoining areas, and
• to encourage sustainable transport modes for journeys to work and other trips, including walking, cycling and all forms of public transport, and
• to limit advertising to a level compatible with the creation of a high-quality mixed use area.
Consent is to be granted to development within this zone only if the consent authority is satisfied that carrying out the proposed development will be consistent with the planning principles for the relevant precinct and for City West, particularly residential provision and amenity.
Residential development within this zone is not to be located or designed so that the amenity of the development is adversely affected, by an adjoining or nearby use, to a level that is considered inappropriate by the consent authority due to excessive noise or odour or any similar environmental impact.
Residential development (other than for the purpose of dwellings for employees of a business use located on the same site) is prohibited on land within this zone that is identified by the words “Non-Residential Development” on Map 6.
Only uses which the consent authority is satisfied are generally consistent with the zone objectives are permissible in this zone. However, the consent authority may consent to other uses being carried out beneath land used as a public recreation area.
The
• to establish public recreation areas which serve the needs of residents and workers within City West and the adjoining suburbs, and
• to provide public access to all parts of the public domain, especially waterfront areas and escarpments, and
• to provide a variety of public areas and recreational opportunities, and
• to provide for facilities which accommodate or are ancillary to recreation opportunities relating to the use of the public domain, and
• in the Bays Precinct, in addition to the other objectives of this zone—to allow for the continued operation and development of Wentworth Park as a major public open space and recreational facility.
Uses permissible in the zone adjoining the public recreation zone are also permissible in the public recreation zone for a distance of 10 metres from the zone boundary if, in the opinion of the consent authority, it would allow a better relationship between use of land as a public recreation area and use of the adjoining land and would not decrease the total amount of land that will be available for use as a public recreation area.
Only uses which the consent authority is satisfied are generally consistent with the zone objectives are permissible within this zone.
The
• to provide for water-based and foreshore development which will contribute to the recreational and tourism potential of the locality, and
• to provide for the extension of ferry services which link with the land based public transport network, and
• to ensure that activities associated with development are compatible with the use of Darling Harbour and Johnston’s Bay for commercial shipping and Navy and other government functions, and
• to ensure that development on the waterways maintains or enhances the environmental quality and amenity of the Precinct.
Only uses which the consent authority is satisfied are generally consistent with the zone objectives are permissible within this zone.
The
• to provide for the ongoing day-to-day operational activities of the State Rail Authority, Freight Rail Corporation and Rail Access Corporation, and
• to ensure that uses within the zone do not detrimentally impact on the use of adjoining land, and
• to provide for community facilities within and public access across the zone.
Only uses which the consent authority is satisfied are generally consistent with one or more of the zone objectives are permissible within this zone.
The
• to provide for development of water-based commercial and recreational activities, including facilities for the servicing, mooring, launching and storage of boats, and
• to allow a range of commercial maritime facilities (such as boating industry facilities, marinas, waterfront service operations, waterfront commercial and tourism facilities and uses associated with the servicing, temporary mooring, launching and storage of boats and uses ancillary to these), which will take advantage of the harbour location, and
• to provide public access within and across the zone and to facilitate the extension of the Ultimo-Pyrmont foreshore promenade from Blackwattle Bay to Rozelle Bay and link with public access networks surrounding the precinct, and
• to create, retain and enhance views and links between Wentworth Park and the foreshores of Blackwattle Bay.
Uses such as hotels, hotel apartments and tourist resort development will not be permitted.
Only uses which the consent authority is satisfied are generally consistent with one or more of the zone objectives are permissible within this zone.
The
• to facilitate the continuation of commercial port uses, and
• to allow a range of commercial port facilities (such as buildings, structures, activities or operations and uses ancillary to these, associated with carrying goods from one port to another and associated with storage and handling and access to the port), and
• to encourage development on Glebe Island and land adjoining White Bay which requires close proximity to the port, and
• to encourage a mix of land uses which generate employment opportunities, particularly in relation to port and maritime uses, and
• to allow a mix of uses which generate employment opportunities in the White Bay Power Station site, and
• to provide for the ongoing rail access to the port and related activities, and
• to provide pedestrian and cyclist links with surrounding public access networks, and
• to encourage port-related uses which optimise use of existing rail facilities, and
• to provide road and rail access to port activities.
Development may be carried out on any land which is shown uncoloured on Map 2 only for a purpose which is permissible on land adjoining that land.
Activity Strips indicated on Sheet 1 of Map 2, Sheet 1 (1995 Update) of Map 2 and Sheet 1 (1999 Update) of Map 2 show the principal streets, nodes and locations for pedestrian activity and interest and retail uses.
In these locations, development on the ground floor must provide for non-residential uses, including retail outlets, restaurants, neighbourhood facilities and the like that provide people-orientated street frontages, and enhance security and surveillance compatible with adjoining development.
On land zoned Residential, Residential—Business or Public Recreation, advertisements not related to use of the site are prohibited unless they are displayed on public street furniture, bus shelters, public telephone booths or the like erected by, or on behalf of, a public authority.
The consent authority, while land is not being used for a purpose for which it is zoned, may consent to its use for any other purpose, but only if the consent authority is satisfied that—
• the use will not prejudice the eventual development of the land in accordance with the rest of this Chapter, and
• appropriate arrangements have been made for reinstatement of the site so that it may be used in accordance with the rest of this Chapter, and
• the use will not adversely affect residential amenity and permissible development in accordance with this Chapter on other sites in the locality.
Before granting consent to development as allowed by this section, the consent authority must be satisfied that the development will cease within such time as the consent authority stipulates.
The height of any building must not exceed the maximum building height shown on Map 3. However, any building on land zoned Public Recreation must not exceed 7 metres in height.
Before granting consent for any building that will attain the maximum building height, the consent authority must be satisfied that the building will not only meet such of the urban design requirements made by sections 4.27, 4.28, 4.29 and 4.30 as are relevant, but will also meet any relevant design requirements made by a Master Plan or urban development plan.
Before granting consent to the erection of a building, the consent authority must be satisfied that the building will be consistent with the urban design planning principles for the Precinct in which it will be situated set out in the Table to section 4.13.
Sheet 1 of Map 3 shows specific height limits for development in locations referred to on the map as “landmark locations”. The location to which such a limit relates may, with the agreement of the Minister in an adopted master plan, be altered if the consent authority is satisfied that the height of the development in the new location is consistent with the relevant urban design principles.
The height of any building adjacent to a heritage item or conservation area must be such as to provide an appropriate transition in height between the building and either the heritage item or the buildings within the conservation area.
Before granting consent to the erection of a building, the consent authority must be satisfied that the scale and alignment of the building facades on the street boundary or boundaries respects the width of the street, adjoining heritage items or other contextual elements, as may be defined in an urban development plan prepared and adopted under Division 7 of this Chapter, or defined in a Master Plan prepared and adopted under Division 8 of this Chapter.
In the Ultimo-Pyrmont Precinct, the ratio of business floor space of a building on land for which a Master Plan is required to the site area must not be greater than 2.5:1 to the north of Pyrmont Bridge Road and 3:1 to the south of Pyrmont Bridge Road.
However, a greater floor space ratio applies if a Master Plan adopted for the site includes a provision made under section 4.55 (relating to flexible uses of land requiring a Master Plan) that allows the greater floor space ratio.
For the purposes of this section,
In the Ultimo-Pyrmont Precinct, the following maximum floor space ratios apply for land for which a Master Plan is not required.
This section does not allow buildings to exceed maximum heights set by this Chapter.
Maximum building height limit for land on which building is situated | Maximum floor space ratio for residential uses | Maximum floor space ratio for business uses |
9m | 1.5:1 | 2.0:1 |
12m | 2.0:1 | 2.5:1 |
15m | 2.5:1 | 3.0:1 |
21m | 3.0:1 | 3.5:1 |
28m | 3.5:1 | 4.0:1 |
42m | 4.0:1 | 5.0:1 |
For a mixed use building used for both business and residential purposes (and no other purposes), the following formula applies to determine the maximum floor space ratio—
Where—
For the purposes of this section,
In the Eveleigh Precinct, the ratio of the business floor space of a building to the site area must not be greater than 1.2:1.
No maximum floor space ratio applies to residential development in the Eveleigh Precinct.
For the purposes of this section,
Before granting consent for any building on land for which a Master Plan is not required that will attain the maximum floor space ratio, the consent authority must be satisfied that the building will not only meet such of the urban design requirements made by sections 4.27, 4.29 and 4.30 as are relevant, but will also meet any relevant design requirements made by an urban development plan and not exceed any maximum height set by this Chapter.
However, the consent authority may consent to a building that exceeds a maximum floor space ratio or a maximum building height for the site (or both) if an urban development plan containing detailed urban design controls for the block containing the site has been adopted by the Minister and the building complies with that plan. Before adopting any such urban development plan, the Minister must be satisfied that it will give effect to the relevant urban design requirements made by sections 4.27, 4.29 and 4.30.
The objectives of this section 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.
Development consent may, subject to this section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subsection (3).
(Repealed)
This section 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.
Heritage items are identified on Map 4 and described in Schedule 4.
Conservation areas are identified on Map 4.
Development of or including a heritage item, in the vicinity of a heritage item, or within a conservation area, must be compatible with the conservation of the heritage significance of the item or the character of the conservation area.
Before granting consent to any such development, the consent authority must consider—
• the heritage significance of the heritage item or conservation area, and
• the impact that the proposed development will have on the heritage significance of the heritage item and its setting or the conservation area, and
• the measures proposed to conserve the heritage significance of the heritage item and its setting or the conservation area, and
• whether any archaeological site or potential archaeological site would be adversely affected.
The consent authority must decline to grant consent for development relating to a heritage item or conservation area unless it has taken into consideration a conservation management plan or heritage impact statement which includes an assessment of the matters listed in section 4.38.
The consent authority must not grant consent for development which will result in the complete or substantial demolition of a heritage item unless it is satisfied that the item, or so much of the item as is proposed to be demolished, does not have such heritage significance as would warrant its retention.
Before granting such a consent, the consent authority must also be satisfied that, after the demolition work has been carried out, redevelopment will be carried out that will—
• result in buildings of a higher architectural and urban design quality (in terms of the principles and other provisions of this Chapter and of any Master Plan or urban development plan applying to the site) than were exhibited by the heritage item before the work was carried out, and
• make a positive contribution to the streetscape, and
• in the case of partial demolition, enhance the adaptive re-use of the residual part of the heritage item.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
Before determining an application for consent to development on land identified in an urban development plan as a potential archaeological site, the consent authority may request a report on the likely impact of the development on any archaeological material.
Before granting consent to development to which an urban development plan applies, the consent authority must take the plan into consideration.
An urban development plan is a written instrument (which may be supported by diagrams or maps) that makes more detailed provisions relating to development within a Precinct than this Chapter. Any such plan must not be inconsistent with this Chapter.
A draft urban development plan or a draft amendment of such a plan may be prepared by the Director-General or by the Council of the area concerned.
Before the Director-General or the Council of the area concerned recommends that the Minister adopt an urban development plan or adopt an amendment of any such plan—
• a draft of the plan or amendment must be advertised, and exhibited for not less than 21 days for public comment, and
• the views of the Council or the Director-General (as the case may require) and of such other public authorities as the person who prepared the draft considers relevant must have been sought on the draft, and
• the person who prepared the draft must take into account any written submission made about the content of the plan or amendment to that person during the exhibition period.
The Minister may adopt an urban development plan, or an amendment of any such plan, recommended for adoption by the Director-General or the Council, or may adopt such a plan or amendment with such variations as the Minister considers appropriate.
Before adopting a recommended plan or amendment (whether or not in a varied form) the Minister may require that it be re-exhibited to the satisfaction of the Minister.
A copy of each urban development plan must be available for inspection at the Head Office of the Department and at the office of the Council of the area concerned during normal business hours.
Development consent must not be granted for development that relates to land indicated on Map 5 as requiring a Master Plan unless—
• there is a Master Plan for the land, and
• the consent authority has taken the Master Plan into consideration.
The Minister may waive compliance with this requirement because of the nature of the development concerned, the adequacy of other guidelines that apply to the proposed development or for such other reason as the Minister considers sufficient.
A Master Plan is a document consisting of written information, maps and diagrams that makes more detailed provisions relating to development of land for which a Master Plan is required than this Chapter. A Master Plan must be generally consistent with this Chapter.
A Master Plan is to outline in broad terms the long-term proposals for the development of land for which a Master Plan is required and to explain how those proposals address the planning principles and development controls in this Chapter.
A draft Master Plan may be prepared by or on behalf of the owner or lessee of the land concerned or by the Director-General.
A draft Master Plan should be prepared following consultation between the owner or lessee and the Director-General and is to illustrate and explain, where appropriate, proposals for the following—
• phasing of development,
• distribution of land uses and, in the Residential-Business Zone, proposals for satisfying the principles of mixed residential and business use and public recreation use,
• pedestrian, cycle and road access and circulation networks,
• parking provision,
• subdivision pattern,
• infrastructure provision,
• building envelopes and built form controls,
• heritage conservation, implementing the guidelines set out in any applicable conservation policy, and protection of archaeological relics,
• decontamination of the site,
• provision of public facilities,
• provision of open space, its function and landscaping,
• any other matters stipulated by the Director-General.
Before the Director-General recommends that the Minister adopt a Master Plan—
• a draft of the plan must be advertised in a newspaper circulating in the locality, and exhibited for not less than 21 days for public comment, and
• the views of the Council of the area concerned and of such other public authorities and such community organisations as the Director-General considers relevant must have been sought on the draft, and
• the Director-General must take into account any written submissions made about the content of the plan to the Director-General during the exhibition period.
The Minister may adopt a Master Plan, or an amendment of any such plan, recommended for adoption by the Director-General or may adopt such a plan or amendment with such variations as the Minister considers appropriate.
Before adopting a Master Plan or an amendment of a Master Plan, the Minister must take into consideration any development consents that have been granted for the land concerned and, in particular, the gross floor area of buildings on which a business use is allowed by those consents.
When a Master Plan or an amendment is adopted, the Director-General must ensure that the following are notified of its adoption—
• the owner of the land concerned, and
• each public authority and community organisation whose views were sought, and
• each person who made a written submission about the content of the plan or amendment to the Director-General during the exhibition period.
A draft amendment of a Master Plan may be prepared by or on behalf of the owner or lessee of the land concerned, whether or not at the request of the Director-General, or may be prepared by the Director-General.
The Director-General may request the preparation of such a draft amendment for the purpose of keeping the Master Plan up-to-date.
Before recommending that the Minister adopt a draft amendment which the Director-General considers to be significant, the Director-General may arrange for it to be advertised and exhibited as required for a draft Master Plan.
An amendment to a Master Plan may be dealt with concurrently with a development application relating to the amendment.
A copy of each Master Plan must be available for inspection at the Head Office of the Department during normal business hours.
The Minister may consent to the use of part of any land that is subject to a Master Plan for a purpose that is not permitted by the zoning of that part if it will be used for a purpose that another part of the land that is subject to the Master Plan within a different zone may be used.
Before granting such a consent, the Minister must be satisfied that—
• a better distribution of land uses will result, and
• the total of the business floor space of all buildings within the Master Plan area will not be increased as a result of granting the consent, and
• the total of the land available for public recreation areas within the Master Plan area will not be reduced as a result of granting the consent, and
• public access to the entire foreshore in City West will not be reduced as a result of granting the consent.
For land that is subject to a Master Plan, the Minister may adopt a Master Plan that identifies maximum building heights that exceed the maximum building height limits shown on Map 3.
The Minister may grant consent to the erection of buildings that exceed the maximum building heights shown on Map 3 but do not exceed the maximum identified on the adopted Master Plan. Before granting such a consent the Minister must be satisfied that the relevant adopted Master Plan has demonstrated that—
• a better pattern of building heights will result, and
• there are reductions in building heights on other sites in the Master Plan, and
• the urban design principles for City West and the Precinct set out in sections 4.8 and 4.13 are achieved, and
• the higher heights do not adversely affect the quality of the adjoining public domain.
The use of any building or place in the Ultimo-Pyrmont Precinct for the purpose of carrying on the business of a pawnbroker or any other moneylender is prohibited.
A pawnbroker is a person who carries on a business of lending money on the security of pawned goods.
This section does not apply to the carrying on, in good faith and in the ordinary course of banking or mercantile transactions, of the business of a bank, building society or credit union.
Canal estate development is prohibited on land to which this Chapter applies.
In this section—
The consent authority must not consent to development on a site or part of a site unless—
• it has taken into consideration whether there is any risk to public health or safety from contamination of the site or part by past industrial use, and
• where such a risk exists on the site or part, it is satisfied that appropriate remediation measures will be undertaken to remove such a risk before development commences on that site or part.
Removal of sandstone for the provision of car parking or plant or storage associated with future residential or business development is taken to be an ancillary use and not to be extractive industry no matter whether the extracted material is reused or resold.
Before granting consent to a development application in relation to land in the Eveleigh Precinct, the consent authority must, if the consent authority considers it appropriate, consult TfNSW.
Before granting consent to a development application in relation to land in the Bays Precinct, the consent authority must, if the consent authority considers it appropriate, consult TfNSW and the Port Authority of New South Wales.
The consent authority must consider any submissions received from TfNSW or the Port Authority of New South Wales, as relevant, within 21 days of giving notice of the application to the body.
In this section—
Before granting consent to a development application relating to land within the Waterways Zone, the consent authority must seek the views of the Maritime Services Board regarding the effect of development on the navigational safety and operations of the Port of Sydney.
The consent authority must consider any views of the Board received within 21 days of giving notice of the application to the Board.
The owner of the land within the Public Recreation Zone may, by notice in writing, require the City West Development Corporation to acquire the land. This section does not apply to land owned by a public authority and held by the public authority for public recreation purposes.
On receipt of the notice, the City West Development Corporation is to acquire the land.
The City West Development Corporation does not, however, have to acquire the land if it might reasonably be required to be dedicated as a condition of development consent.
Despite any other provision of this or any other environmental planning instrument, development is permitted without development consent if the development—
(a) is on land identified as “Subject Land” on the Temporary use of Land for the Purpose of a School at Wentworth Park Map, and
(b) is a temporary use of land for the purpose of a school (within the meaning of the Standard Instrument), and
(c) is carried out by or on behalf of a public authority, and
(d) does not result in a building with a building height (within the meaning of the Standard Instrument) greater than 12 metres, and
(e) does not continue after 31 December 2023.
Part 3 does not apply to development referred to in subsection (1).
Division 1 of Part 2 of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 applies to development referred to in subsection (1) as if it were development that that Policy provides is development that may be carried out without consent.
A public authority, or a person acting on behalf of a public authority, must not carry out development referred to in subsection (1) unless the authority or person has—
(a) given written notice of the intention to carry out the development to TfNSW, and
(b) taken into consideration any response to the notice that is received from TfNSW within 21 days after the notice is given.
In this section—
This Chapter aims—
(a) to allow an appropriate range of uses to encourage the adaptive re-use of existing structures while not required for commercial port uses,
(b) to identify and protect the heritage significance of the area by establishing a conservation zone and providing appropriate controls for adaptive re-use, demolition and alteration,
(c) to ensure that development is compatible with the scale and character of existing built structures in the area,
(d) to control the use of the waterways between the wharves to ensure that any activities associated with any development are compatible with the commercial shipping and navigational requirements in Sydney Harbour,
(e) to identify a consent authority for development approvals,
(f) to identify matters to be considered when determining development applications,
(g) to ensure the provision of public access to the waterfront, including the wharves, and
(h) to ensure that development—
(i) provides appropriate parking facilities and traffic management which minimises impact on the amenity of the area, adjoining residential areas and the Sydney Cove Redevelopment Area,
(ii) does not adversely affect the arterial road network in the City of Sydney,
(iii) preserves views to and from Sydney Harbour,
(iv) is compatible with the adjacent existing residential community, and
(v) provides a public transport system which can be integrated with the existing public transport services in the City of Sydney.
This land applies to land within the City of Sydney and land within Sydney Harbour as shown edged heavy black on the map.
In this Chapter—
(a) the making of structural changes to the building or work, or
(b) the making of non-structural changes to the detail, fabric, finish or appearance or the building or work, not including the maintenance of the existing detail, fabric, finish or appearance of the outside of the building or work.
(a) a building or place elsewhere specifically defined (or used for a purpose elsewhere specifically defined) in this section or in clause 4 of the Environmental Planning and Assessment Model Provisions 1980, or
(b) a building or place used for the purpose of parking vehicles for fee or reward.
The Environmental Planning
and Assessment Model Provisions 1980 (except the definitions of
55 Water Board Pumping Station, 10A Wattle St
56 Quarryman’s Hotel, 214–216 Harris St
57 Dunkirk Hotel, 205–207 Harris St
58 Terraces 189–203 Harris St
59 Bonnington and Company Building, 179 Harris St
60 Terraces 135–155 Harris St
61 Terraces 1–21 Paternoster Row
62 Commercial Building, 1 Union St
63 Terraces 2–22 Union St
64 Pyrmont Post Office, 146–150 Harris St
65 Terraces 99–125 Harris St
66 Pyrmont Bridge Hotel, 94 Union St
67 The New York Hotel, 50 Union St
68 Charmelu, 35 Union St
69 Festival Records Pty Ltd, 63–79 Miller St
70 Building A, Pyrmont Power Station, 42 Pyrmont St
71 Schute, Bell, Badgery, Lumby Ltd, 47–69 Pyrmont St
72 CSR Hostel, 79–85 Harris St
73 Terraces 31–41 Mount St
74 McCaffery’s Building, 17 Mount St
75 Terraces 5–15 Mount St
76 Terraces 75–77 John St
77 John St Annex, John St
78 Terminus Hotel, 61 Harris St
79 Terraces 63–65 Harris St
80 Terrace 67 Harris St
81 Sandstone Bakery, 82 Harris St
82 Terraces 74–80 Harris St
83 Cottages, 27–29 Pyrmont St
84 St Bede’s School, St Bede’s Church & Rectory, 37–43 Pyrmont St
85 Royal Pacific Hotel, 59 Harris St
86 Terraces 54–66 John St
87 Pyrmont Arms Hotel, 42–44 Harris St
88 Cooperage Building, CSR, Bowman St
89 Main Office, CSR, Bowman St
90 Laboratory B, CSR, Bowman St
91 Tablet House, CSR, Bowman St
92 Gate House, CSR, Bowman St
93 Store House, CSR, Bowman St
94 Terraces, 120–140 Bowman St and 83 Point St
95 Way’s Terrace, 12–20 Point St
96 Cottage, 4 Ways Terrace
97 Naval Stores Building, Jones Bay Rd, Darling Island
98 Naval Warehouse, Wharf, Darling Island
99 Wharves and Sheds, Wharf 19, 20, 21, Jones Bay Road
100 Escarpment Face
101 Cast Iron Palisade Fence, Bowman St and Cross St
102 Escarpment and Fencing, Jones Bay Road
103 Railway Cutting
104 Terraces 46–52 Harris Street
105 Terraces 2–8 Scott Street
106 Terraces 1–5 Cross Street
107 TAFE Building, U 622 Harris St
108 TAFE Building, 19 Mary Ann St, Cnr Jones St
109 Residence 238 Bulwara Rd
110 Terraces and former hotel, 365–375 Bulwara Rd
111 Millers Self Storage, 14–18 William Henry St
112 Terraces 20–36 William Henry St
113 Terraces 91–97 William Henry St
114 Former St Francis Xavier Church and School, 247–257 Bulwara Rd
116 Virgin Building, 51–53 Murray St
117 Terrace houses 142–168 Pyrmont St
118 Maybanke Kindergarten and Playground, 99 Harris St
119 Former Pyrmont Baths, Pyrmont Point
120 War Memorial, Union Square
121 Sam Horden fountain, Cnr Pyrmont St and Pyrmont Bridge Rd
122 Terrace houses 31–33 Union St
123 Terrace houses 86–94 Union St
124 Dwellings 91–95 Pyrmont St
125 Terraces 2A and 2B Mill St
126 Rail cutting and Rail bridge, Harris St
127 Engineers Store, former CSR, Harris St
128 Northern facade, The Boiler House, former CSR, Harris St
129 Western and northern escarpment and cliff face, Pirrima Rd
130 Arrow Marine building, 17a Pirrima Rd
131 Wattle Street railway viaduct, Wattle St
132 Warehouse and terraces 10–18 Pyrmont St
1 Locomotive Workshops—Bays 1–15, including machinery in Bays 1–4, Eveleigh Rail Yard
2 New Locomotive Shop, Eveleigh Rail Yard
3 Works Manager’s Office, Eveleigh Rail Yard
4 Large Erecting Shop, Eveleigh Rail Yard
5 Administration Building, Former Chief Mechanical Engineer’s office, Wilson Street
6 Gasometer and Pump, Eveleigh Rail Yard
7 Booking Office, Redfern Station, Lawson Street
1 Glebe Island wheat silos (components A, B and C as identified on Map 4)
2 Former Hotel, 78 Lilyfield Road
3 “Cadden Le Messurier”, 84 Lilyfield Road
4 (Repealed)
5 Monument, Glebe Island
6 Stormwater canal, Lilyfield Road
7 Railway Bridge, Railway Parade
8 Arched Bridge, Whites Creek
9 Railway truss bridge, Johnston Street
10 Wentworth Park rail viaduct
11 (Repealed)
12 Catherine Street railway bridge
13 NCA Steward’s Building, Wentworth Park
14 Store Building, Wentworth Park
15 NCA Entry tower, Wentworth Park
16 Wentworth Park
(Section 6.6)
Development listed in this Part is complying development, but only if—
(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(b) it does not contravene any condition of a development consent applying to the land, and
(c) it meets the outcomes specified for it in this Part.
Development | Outcomes |
| No increase to the total floor area of the building No more than 500 square metres of floor area are changed from an office to a shop No increase in total permissible floor area for shops within the precinct |
That enables implementation of an adopted master plan and will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia | The subdivision must achieve one or more of the following only—
|
The erection of a building and its use for a period not exceeding 3 years specified in the application for a complying development certificate, being a building that is not used for the storage or handling of inflammable materials | Maximum height of the building is 1 storey Building is set back from every boundary of the lot by a minimum of 3 metres |
Two days before any site works, building or demolition begins, the applicant must—
(a) forward a Notice of Commencement of Work and Appointment of Principal Certifying Authority to the Council, and
(b) notify the adjoining owners that work will commence.
Before any site works, building or demolition begins, the applicant must—
(a) notify the consent authority of the name, address, phone number and licence number of the builder, and
(b) erect a sign at the front of the property with the builder’s name, licence number and site address and the number of the certificate of compliance, and
(c) provide a temporary on-site toilet, and
(d) protect and support any neighbouring buildings, and
(e) protect any public place from obstruction or inconvenience due to the carrying out of the development, and
(f) prevent any substance from falling onto a public place, and
(g) follow any other conditions prescribed by the Environmental Planning and Assessment Regulation 2000.
This item does not impose a requirement on an applicant if the builder complies with it.
The applicant must notify either the Council or an accredited certifier in advance (at least 48 hours in advance in writing or 24 hours by phone) of the time to inspect the following—
(a) erosion controls, site works and site setout, before building starts,
(b) placement of piers or foundation before placing footings, and steel reinforcing before pouring concrete,
(c) framework of structure before lining or cladding is fixed,
(d) stormwater drainage and on-site detention before backfilling,
(e) wet areas treated before lining or tiling.
Any building work must be carried out between 7.00 am and 6.00 pm on Monday to Friday and 8.00 am to 5.00 pm on Saturday, but not on Sundays or public holidays.
A survey certificate must be given to the principal certifying authority at the following stages—
(a) on completion of the floor slab framework before concrete is poured, detailing the location of the structure to the boundaries,
(b) at completion of the lowest floor, confirming that levels are in accordance with the certificate (and the levels must relate to the datum shown on the certificate).
(Section 6.6)
The development listed in this Schedule is exempt development, but only if any structure erected or altered as a consequence of the development—
(a) will comply with the deemed-to-satisfy provisions of the Building Code of Australia, and
(b) will not obstruct drainage of the site, and
(c) will not restrict any vehicular or pedestrian access to or from the site, and
(d) will be at least 1 metre from any easement or public sewer main, and
(e) will not require a tree to be removed, and
(f) will comply with the recommendations of the Green and Golden Bell Frog management plan and the wetlands environmental management plan.
Erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not on an advertising structure, in any of the following cases—
(a) The advertisement and any structure are not visible from outside the site on which they are displayed.
(b) The advertisement is behind the glass line of a shop window.
(c) The advertisement is a temporary advertisement for a social, cultural or recreational event that is displayed no more than 28 days before the event and is removed within 14 days after the event.
(d) The advertisement is a public notice displayed by a public authority giving information about a service.
(e) The advertisement is a real estate sign advertising that the premises on which it is displayed are for sale or lease, and the advertisement and any structure together have a maximum area of 4.5 square metres in the Trade and Technology Zone.
(f) The advertisement replaces one lawfully displayed on the same structure.
(g) The advertisement displays a message relating to the premises on which it is situated and the advertisement and the structure (if any) together have a maximum area of—
(i) 30% of the front elevation of any building on which it is displayed in the Trade and Technology Zone, and
(ii) a maximum height of either 4.6 metres above ground level or the height of a first floor window sill and, if suspended from an awning along a public road, the advertisement is not lower than 2.6 metres above ground level.
Development (such as landscaping, gardening, paving or the erection of minor structures) that is ordinarily incidental or ancillary either to a use allowed by a development consent or to a lawful existing use (as defined in section 106 of the Act), but only if—
(a) any ancillary structure is erected at least 1 metre from each boundary of the site and extends no more than 3 metres above natural ground level, and
(b) any ancillary structure, paving or hard surface area covers not more than 25 square metres, and
(c) the development does not involve excavation beyond 600 millimetres below natural ground level, and
(d) it does not involve handling, storing or using hazardous chemicals or materials and does not release hazardous chemicals or any pollutants into the environment, and
(e) it does not involve a display of an advertisement.
Demolition, that is carried out in accordance with AS 2601—2001, Demolition of structures, of—
(a) any structure the erection of which is identified as being exempt development by this Chapter, or
(b) a structure covering an area of not more than 25 square metres.
Erection of boundary fences that comply with any relevant covenant and Council policy and—
(a) are no more than 1.8 metres high if located behind the building line, but do not include any masonry construction over 900 millimetres above ground level, or
(b) are no more than 900 millimetres high if forward of the building line.
Erection of flagpoles not more than 6 metres high that are structurally adequate, but only one per site.
(Section 6.21 and Schedule 8)
212 West Botany Street, Banksia | Lot 1, DP 514811 | Market garden |
(Section 6.5 (1))
(a) electronic and micro-electronic systems, goods and components,
(b) information technology, computer software or hardware,
(c) instrumentation or instruments,
(d) biological, pharmaceutical, medical or paramedical systems, goods or components,
(e) telecommunications services, systems or components,
(f) other goods, systems or components intended for use in science and technology,
(g) advanced technology relating to the provision or distribution of energy,
(h) technology promoting ecologically sustainable practices, such as remediation of land.
(a) make structural changes to the outside of the heritage item, building or work,
(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes resulting from the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.
(a) columns, fin walls, shade devices, and any elements, projections or works outside the general lines of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and associated plant rooms, and ancillary storage space and vertical air conditioning ducts, and
(c) such car, coach and bicycle parking as is required to comply with any development control plan and any internal access to that parking, and
(d) space for the loading and unloading of goods, and any waste management areas, and
(e) common or public areas, including arcades and circulation space.
(a) railway, light railway, road, water or air transport or facilities, or wharf or river services or facilities, or
(b) sewerage or drainage services, or
(c) water, hydraulic power, electricity or gas, or
(d) telecommunications facilities.
(a) a children’s playground, or
(b) an area used for sporting activities, or
(c) an area used to provide for the physical, cultural or intellectual welfare of the community,
but does not include racecourses or showgrounds.
(a) removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or
(b) eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals onto the land).
(a) meet the research and development criteria of the Industry Research and Development Board of the Commonwealth for the purposes of a taxation concession under the Income Tax Assessment Act 1936 of the Commonwealth, or
(b) are being funded wholly or partly by a Commonwealth or State government research and development grant.
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing and servicing of motor vehicles (other than repairing or servicing involving body building, panel beating or spray painting).
(a) the space between two floors, or
(b) the space between any floor and its ceiling or roof above, or
(c) building foundation areas, garages, workshops, storerooms and the like, where the height between finished ground level and the top of the floor above is 1.5 metres or more.
A storey that exceeds 4 metres in height (otherwise than in an entry foyer or a part of the building used for exhibition space) is counted as two storeys, except in the case of a warehouse.
(a) hotels, motels or serviced apartments, and
(b) conference, convention or trade exhibition facilities, and
(c) restaurants and function rooms.
Appendix 8, section 2
Suburb | Item name | Address | Property description | Significance |
Rozelle | Sewerage pumping station | Roberts Street | Lot 2, DP 1277236 | Local |
Rozelle | White Bay Power Station | Lot 380, DP 1277236 | Local |
State Environmental Planning Policy (Precincts—Eastern Harbour City) 2021 (726). LW 2.12.2021. Date of commencement, 1.3.2022, sec 2. This Plan has been amended by this Plan, Sch 9, sec 10 and as follows—
(85) | State Environmental Planning Policy (Precincts—Eastern Harbour City) Amendment (Airfields Event) 2022. LW 17.3.2022. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(744) | Sydney Local Environmental Plan Amendment (Moore Park) 2022. LW 2.12.2022. Date of commencement, on publication on LW, sec 2. | |
(769) | State Environmental Planning Policy Amendment (Stage 1 Bays West Precinct) 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(826) | State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2022. LW 16.12.2022. Date of commencement, 8.9.23, sec 2. Amended by Sydney Local Environmental Plan Amendment (Precincts) 2023 (275). LW 8.6.2023. Date of commencement, 8.6.23, cl 2. | |
(835) | State Environmental Planning Policy Amendment (Riverstone West Precinct) 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(84) | State Environmental Planning Policy Amendment (Redfern–North Eveleigh Paint Shop Sub-precinct) 2023. LW 24.2.2023. Date of commencement, 15.12.23, sec 2. Amended by Sydney Local Environmental Plan Amendment (Precincts) 2023 (275). LW 8.6.2023. Date of commencement, 8.6.23, cl 2. Amended by State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023 (554). LW 29.9.2023. Date of commencement, 1.10.23, sec 2. Amended by Sydney Local Environmental Plan Amendment (Precincts) (No 2) 2023 (700). LW 15.12.2023. Date of commencement, on publication on LW, cl 2. | |
(291) | State Environmental Planning Policy (Precincts—Eastern Harbour City) Amendment (Large Erecting Shop—South Eveleigh) 2023. LW 9.6.2023. Date of commencement, on publication on LW, sec 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(524) | State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2. | |
(538) | Sydney Local Environmental Plan Amendment (Sirius Site) 2023. LW 22.9.2023. Date of commencement, on publication on LW, sec 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 2, on publication on LW, sec 2(b). | |
(698) | State Environmental Planning Policy Amendment (Design Competition Guidelines) 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2. | |
(115) | State Environmental Planning Policy (Transport and Infrastructure) Amendment 2024. LW 5.4.2024. Date of commencement, on publication on LW, sec 2. | |
(568) | Sydney Local Environmental Plan Amendment (Eastern Harbour City) 2025. LW 17.10.2025. Date of commencement, on publication on LW, cl 2. | |
(610) | State Environmental Planning Policy (Precincts—Eastern Harbour City) Amendment (Barangaroo Modification) 2025. LW 7.11.2025. Date of commencement, on publication on LW, sec 2. |
Sec 2.3 | Am 2022 (835), Sch 2[1]–[3]; 2023 (523), Sch 2.4[1]. |
Sec 2.4 | Am 2022 (835), Sch 2[4]. |
Sec 2.6A | Ins 2023 (524), Sch 2.2[1]. Rep 2023 (664), Sch 2.3[1]. |
Sec 2.6A | Ins 2022 (826), Sch 1.2[1]. Am 2023 (664), Sch 2.3[2]. |
Sec 2.7 | Am 2022 (769), Sch 1[1]; 2022 (835), Sch 2[5] [6]. |
Sec 2.8 | Am 2022 (769), Sch 1[2]; 2022 (826), Sch 1.2[2]; 2022 (835), Sch 2[7]; 2023 (84), Sch 2; 2023 (523), Sch 2.4[2]; 2024 (115), Sch 2.2. |
Sec 2.9 | Am 2022 (826), Sch 1.2[2]; 2023 (523), Sch 2.4[2]. |
Sec 2.12 | Am 2022 (629), Sch 3.14[1]. |
Sec 4.1 | Am 2022 (629), Sch 3.14[2]. |
Sec 4.6A | Ins 2023 (524), Sch 2.2[2]. |
Sec 4.35 | Am 2023 (524), Sch 1.2[1]. |
Sec 4.57A | Ins 2022 (629), Sch 3.14[3]. |
Sec 5.6A | Ins 2023 (524), Sch 2.2[3]. |
Sec 5.9 | Am 2023 (524), Sch 1.2[1]. |
Sec 5.10A | Ins 2022 (629), Sch 3.14[4]. |
Sec 7.5A | Ins 2023 (524), Sch 2.2[4]. |
Sec 7.8A | Ins 2022 (85), sec 4. |
Sec 7.12 | Am 2023 (524), Sch 1.2[1]. |
Sec 7.20 | Am 2022 (744), sec 4(1)–(3); 2025 (568), Sch 1. |
Sec 7.21 | Ins 2022 (629), Sch 3.14[5]. |
Appendix 1, heading | Subst 2022 (835), Sch 2[8]. |
Appendix 1 | Am 2022 (629), Sch 3.14[6] [7]; 2022 (835), Sch 2[8]. |
Appendix 2, heading | Subst 2022 (835), Sch 2[9]. |
Appendix 2 | Am 2022 (835), Sch 2[9]. |
Appendix 3, heading | Subst 2022 (835), Sch 2[10]. |
Appendix 3 | Am 2022 (835), Sch 2[10]; 2023 (291), Sch 1 [1]–[3]; 2023 (524), Sch 1.2[1]; 2023 (698), Sch 2.3[1] [2]. |
Appendix 4, heading | Subst 2022 (835), Sch 2[11]. |
Appendix 4 | Am 2022 (835), Sch 2[11]. |
Appendix 5, heading | Subst 2022 (835), Sch 2[12]. |
Appendix 5 | Am 2022 (835), Sch 2[12]; 2023 (524), Sch 1.2[1]; 2023 (698), Sch 2.3[3]–[6]; 2025 (610), Sch 1[1]–[3]. |
Appendix 6, heading | Subst 2022 (835), Sch 2[13]. |
Appendix 6 | Am 2022 (835), Sch 2[13]; 2023 (524), Sch 1.2[2]. |
Appendix 7, heading | Subst 2022 (835), Sch 2[14]. |
Appendix 7 | Am 2022 (629), Sch 3.14[8]; 2022 (835), Sch 2[14]; 2023 (524), Sch 1.2[1]; 2023 (538), Sch 1; 2023 (698), Sch 2.3[7]–[11]. |
Appendix 8 | Ins 2022 (769), Sch 1[3]. Am 2023 (523), Sch 2.4[3]; 2023 (524), Sch 1.2[1]; 2023 (554), Sch 2.34. |
Sch 2 | Am 2025 (610), Sch 1[4]. |
Sch 4 | Am 2022 (769), Sch 1[4]. |
Sch 9 | Rep 2021 (726), Sch 9. Ins 2022 (769), Sch 1[5]. |
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