Sutherland Local Environmental Plan—Menai Town Centre 1992 (Amendment No 2) (2002-780) [GG No 178 of 18.10.2002, p 8894] (NSW)

2002 No 780

Sutherland Local Environmental New South Wales

Plan—Menai Town Centre 1992

(Amendment No 2)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (S01/02441/S69 Pt 3)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 178 of 18 October 2002, page 8894	Page 1
[44]
2002 No 780

Clause 1

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Sutherland Local Environmental Plan—Menai Town

Centre 1992 (Amendment No 2)

1     Name of plan

This plan is Sutherland Local Environmental Plan—Menai Town

Centre 1992 (Amendment No 2).

2     Aims of plan

This plan aims:

(a)	to introduce exempt development and complying development provisions into Sutherland Local Environmental Plan—Menai Town Centre 1992 (the 1992 plan), and
(b)	to make consequential and other minor amendments to the 1992 plan.

3     Land to which plan applies

This plan applies to all land within the local government area of Sutherland Shire underSutherland Local Environmental Plan—Menai Town Centre 1992.

4 Amendment of Sutherland Local Environmental Plan—Menai Town Centre 1992

Sutherland Local Environmental Plan—Menai Town Centre 1992 is amended as set out in Schedule 1.

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Schedule 1 Amendments

(Clause 4)

[1]     Clause 8

Omit the clause. Insert instead:

8     What uses are allowed in the town centre?

All development requires consent, except for:

(a)	exempt development listed in Schedule 1, that satisfies the requirements of clause 32, and
(b)	urban servicing such as the provision of water, sewerage, electricity, gas, telephone, drainage, telecommunications, roadworks and main roads.

[2]     Clause 30 How are trees and bushland vegetation preserved?

Omit “fuel free zone within the meaning of the document entitled Planning for Bush Fire Protection published by the Department of Rural Fire Service” from clause 30 (9) (c) (i).

Insert instead “Inner Protection Area within the meaning of the document entitled Planning for Bushfire Protection published in December 2001 by the NSW Rural Fire Service in collaboration with Planning NSW, a copy of which is available for inspection at the office of the Council”.

[3]     Clauses 31–33 and Schedules 1 and 2

Insert after clause 30:

31 Definitions

For the purposes of clauses 32 and 33:

accredited certifier has the same meaning as in the Act.

advertising means the use of a building or place for the

external display of symbols, messages or other devices for

promotional purposes, whether or not the display involves the

erection of a structure or the carrying out of a work.

complying development has the same meaning as in the Act.

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community advertising means:

(a)	advertising of community events or community uses, or charity events, or
(b)	display of health or safety notices, or like notices, or
(c)	advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or
(d)	display of a notice by a public authority.

demolition means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.

dwelling house means one dwelling on one allotment.

exempt development has the same meaning as in the Act.

ground level is the ground surface of a site as it was prior to

any cutting, filling or grading of the site.

home activity means a business that is ancillary to a residential

use and is carried out, or partially carried out, in a dwelling or

within an allotment which contains a dwelling house or

dwellings, but only if:

(a)	that use is undertaken by the permanent residents, and
(b)	not more than two non-residents are employed in it at any one time, and
(c)	the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parking or the emission of noise, vibration, smell or creation of some other nuisance,

but does not include a bed and breakfast establishment.

storey means:

(a)	the space between two floors, or
(b)	the space between any floor and its ceiling or roof above, or

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(c) foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5metres or more.

A storeywhich exceeds 4.5 metres is considered as two storeys.

subdivision has the same meaning as in the Act.

the Act means the Environmental Planning and Assessment

Act 1979.

the Regulation means the Environmental Planning and

Assessment Regulation 2000.

waterbody means:

(a)

a natural waterbody, including

(i)	a lake or lagoon either naturally formed or artificially modified, or
(ii)	a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificiallymodifying the course of the stream, or
(iii)	tidal waters including any bay, estuary or inlet, or

(b)

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

32     What is exempt development?

(1) Development of minimal environmental impact listed in Schedule 1 is exempt development, subject to subclauses (2) and (3).

(2) Development is exempt development only if:

(a)	the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 1, and
(b)	the development is ancillary to an existing legal use of a property and will be contained wholly within the property, and

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(c)	the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currentlyprescribed in the Regulation, and
(d)	the development does not contravene any condition of a development consent applying to the land, and
(e)	the development does not result in removal, pruning or lopping of trees or bushland vegetation which would otherwise require consent or the permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and
(f)	the development does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and
(g)	the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and
(h)	if appropriate, any installation involved is carried out to the manufacturer’s specifications and requirements, and

(i)        the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and

(j)	the development does not result in the redirection of surface storm water or run off onto adjoining private property, and
(k)	the development does not involve excavation beyond 600 millimetres below natural ground level, and
(l)	it does not involve handling, storing, or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25 metres from any habitable building), and does not

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release any hazardous chemicals or materials or any

pollutants into the environment, and

(m) it is located within a bushfire interface area or bushfire prone area and complies with the Council’s construction standards or relevant building standards for buildings in these areas.

(3)

Development is not exempt development if it is carried out on

land that:

(a)	is listed as, or contains an item listed as, a heritage item in this plan, or
(b)	is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(c)	is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(d)	is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or
(e)	is within 40 metres of a waterbody where the development requires any excavation.

33     What is complying development?

(1)

Development listed in Schedule 2 is complying development,

subject to subclauses (2) and (3).

(2)

Development is complying development only if:

(a)	the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 2, and
(b)	the proposed development does not involve a building or a site in or on which an existing use, as defined in section 106 of the Act, is being carried out, and
(c)	it is consistent with any plan of management approved under State Environmental Planning Policy No 44— Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened

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Species Conservation Act 1995 that may apply to the land, and

(d)	it does not contravene any condition of a development consent applying to the land, and
(e)	the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currently prescribed in the Regulation, and
(f)	the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and
(g)	the development will not result in removal, pruning or lopping of trees or bushland vegetation which would require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and
(h)	the development is not carried out within the zone of influence of over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and

(i)        the development will not result in the redirection of surface storm water or run off onto adjoining private property, and

(j) the development complies with the provisions of the relevant development control plan for housing in the Residential “B” area for Menai Centre.

(3)

Development is not complying development if it is carried out

on land that:

(a) is identified by the Council as being:

(i)         within a bushfire interface area, or

(ii)        subject to flooding, tidal inundation, subsidence or land slip, or

(iii)       contaminated land, or

(b) is listed as, or contains an item listed as, a heritage item in this plan, or is on land that abuts a heritage item, or

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(c)	is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(d)	is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(e)	is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or
(f)	has previously been used as a service station, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55— Remediation of Land, or
(g)	is within 40 metres of a waterbody where the development requires any excavation, or
(h)	is adjacent to an arterial road or arterial road reservation where the development proposes a new, or alters an existing, vehicular accessway to that road or reservation, or

(i)        is subject to an interim heritage order under the Heritage Act 1997 or that is listed on the State Heritage Register under that Act.

(4) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in any applying development control plan adopted by the Council, as in force when the certificate is issued.

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Schedule 1 Exempt development (Clause 32)

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Access ramps for the disabled	(a) Maximum height 1m above ground level. (b) Maximum grade 1:14 and otherwise in compliance with relevant Australian Standards. (c) Must be located a minimum of 1.5 m from site boundaries
Advertising structures	General requirements
(a) The erection of the advertising structure must comply with all the requirements of the Building Code of Australia, including Part B1 (Structural Provisions). (b) Signs must not cover mechanical ventilation inlet or outlet vents. (c) Advertising structures within a public road reserve must be at least 0.6m from kerb/roadway edge. (d) Flashing signs are not exempt in any area. (e) No restrictions on advertising where displayed within a building and the advertisement is not visible from a public place, although it may be visible through openings at the ground and first floor levels of business premises, shops, food shops, restaurants, industrial premises, warehouses or bulky goods outlets.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

1	Street and traffic signs	(a)	Construction must be by or on
(including street name plates,	behalf of the Council or the Roads
directional signs, advance traffic	and Traffic Authority.
warning signs, traffic signs and traffic signal devices)
(b)	Must be designed, fabricated and installed in accordance with relevant Australian Standards.
2	Business advertising

(a)	Suspended under awning	(a) One per premises.
signs
(b) and, if over a public road, must be suspended with a clearance of no

Must not exceed 1.5m² in area pavement level.

(c) Must relate to the use of premises.

(b)	Awning fascia signs	(a)
Must relate to the use of the attached.
(b)	Where a development control plan for a business centre applies, the background colour, and all lettering colours and styles on the awning fascia must comply with the requirements of that plan.

(c)	Under awning advertising (on	Must relate to the use of the building.
building facades)
(d)	A-frame signs and shopfront	(a) Must comply with the approved

displays

development control plan for

A-frame advertising boards and

shopfront display.

(b) A lease or licence for the structure must be obtained from the Council before the sign or shopfront

display is erected.

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Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

3	Industrial advertising	(a)	One advertising sign of a maximum of 5m² in area is permitted and it must be fixed flush to the front elevation of the industrial building or industrial unit, to a maximum height of 4.5m above ground level and not project above the parapet of the building or the eaves line where the building has a pitched roof.
(b)	Freestanding directory boards for multiple occupancy complexes are permitted within the property
boundary/premises subject to the total area of the board or boards not exceeding 5m² in area and a maximum height of 4.5m above ground level.
(c)	All signage must relate to the activity on the site.
4	Temporary signs

(a)	Real estate signs	(a)	Must only advertise premises or land for sale or lease
(b)	One sign per premises and located within property boundaries.
(c)	Sign must not exceed 2.5m² in area.
(d)	Not exempt more than 14 days after completion of the sale or granting of the lease.
(b)	Construction signs (signs	(a)	Only during construction of the
advertising firms involved	building.
in construction of a building)
(b)	One composite sign per premises only and the sign must be located within the property boundaries.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(c) Any signage must not exceed 2.5m² in area.

(c)	Special event sign	(a)
Must be displayed only on the to be held.
(b)	Must be constructed of lightweight, banner type material.
(c)	before the special event or more
Not exempt for more than 14 days finalised.
(d)	Inflatable promotional signs	(a)
Must be displayed only on the be held.
(b)	displayed for more than 7 consecutive days, more than 4
Not exempt development if 28 days in any year or later than 48 hours after the relevant promotion is finalised.

5	Home activity identification	(a) One per premises.
signs
(b) area and be affixed to the dwelling no higher than 3m above ground

Signs must not exceed 0.5m² in eaves line of the building.

6	Community advertising	(a)	exceed 1.5m² in area and must not
A permanent fixed sign must not ground or pavement level.
(b)	A temporary sign may not display an advertisement for more than 7 consecutive days or for a total of more than 28 days in any year.

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Schedule 1 Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

Aerials/Antennae/Microwave

(a) For receiving purposes only.

antennae/Satellite dishes

(b)

Must not have substantial adverse

impact on views enjoyed by

adjoining and neighbouring

premises.

For Satellite dishes only:

(a) Maximum diameter 750mm.

(b) Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will

serve.

(c)	Must not be installed forward of the building line or on roof areas visible from the road.
(d)	Must not be visible from any public place, including roads, public open space, public

recreation areas and waterways.

(e)

The dish and supporting structure

must be finished in a non-

reflective colour, which blends in

with the surrounding environment.

Air conditioning units	(a)	External units must not be attached above the second storey on residential buildings, unless located on a balcony where the air conditioning unit is not clearly visible from street level.
(b)	Roof mounted air conditioning units are permitted on industrial premises only.
(c)	Must not be located within the street facing elevation or within the front building setback if
ground mounted.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d)

Must be located a minimum of boundaries.

(e)

Any air conditioning unit must not include a cooling tower as part of the system.

(f)

Any building work must not

reduce the structural integrity of

the building.

(g)

Any opening created must be

adequately weatherproofed.

(h)

air conditioning unit must not

exceed an LAeq of 5 dB(A) above

background noise level when

measured at the property

boundary. Despite this, domestic

air conditioning units must not be

audible within any room of any

adjoining premises, from 10pm to

The noise level generated by the on weekends or public holidays.

(i)

Any noise emitted must not

include any tonal, impulsive or

intermittent characteristics.

(j)

Must be maintained and installed

in compliance with Australian

Standards AS/NZS 1668.1:1998,

AS 1668.2—2002, AS/NZS

3666.1:2002, AS/NZS

3666.2:2002 and AS/NZS

3666.3:2000.

Awnings, canopies and	(a)	Mustberetractable.
security/storm blinds or shutters	Note. See “Pergolas, and fixed
awnings etc” for fixed attachments.
(b)	Must not be installed above the second storey of any building.

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Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(c) This exemption is not applicable to security blinds or shutters on the street front elevation of

business buildings or business

shopfront awnings.

Barbecues (portable and fixed	(a)	All barbecues are to be located so
structures)	that they do not cause a nuisance while being used.
(b)	Maximum height of fixed structure 2.7m from ground level.
(c)	Fixed structures must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)	For fixed structures, a minimum 0.5m setback from side or rear boundaries, except where a heat shield is incorporated or adjoins a non-combustible fence.
(e)	Barbeques must be located so that the risk of the spread of fire from the barbecue to any other structure is minimised.

Bird aviaries and pet animal	(a) Maximum area 10m².
shelters
(b) Maximum height 2.7m from ground level. (c) Must be located in rear or side yard areas only. (d) Must be located away from the boundary a minimum of 0.5m. (e) Limit of one bird aviary per property.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(f) An aviary for fowls (poultry, including domestic fowl, chickens or guinea fowls) and small birds must not be located within 4.5m of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food. (g) An aviary for poultry (other than fowls) must not be located within 30m of any building referred to in paragraph (f). (h) All poultry or fowls must be kept in accordance with Part 3 of and Division 2 of Schedule 5 to the Local Government (Orders)

Regulation 1999.

(i)

Fowls are limited to a maximum maximum of 5.

(j)

The floors of poultry houses

within 15.2m of a dwelling, public

hall or school must be paved with

concrete or mineral asphalt

underneath the roosts or perches,

unless situated on clean sand.

Building alterations (external)	General requirements
(a) Does not apply to:

(i)        residential flats, or

(ii)       the principal street frontage of buildings in the Business “A”, Business “C” or

Services area, or

(iii)

any development in the

Recreation and Community

Land area.

Note. See Schedule 2

(Complying development) for

external building alterations.

(b) Work must be non-structural.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(c) Applies only to alterations or renovations to previously completed buildings. (d) to the footprint or increase floorspace of the buildings or residential use of rooms whether by removal of existing walls, partitions or by other means. This does not exclude bay windows up

Works are not to include changes alignment of the wall.

(e)

Works are not to include

repositioning or enlarging of

windows above ground level.

(f)

Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or

involve enclosure of open areas.

(g)

Any work involving lead paint

removal must not cause lead

contamination of the air or ground

or water.

(a)	Recladding of roofs or walls	(a)	Replacement of existing materials must be with similar materials which do not increase the reflectivity.
(b)	structural alterations, change to
Recladding not to involve veneering.
(b)	Skylight roof windows (including	(a)	The building work must not
solartube or similar type	reduce the structural integrity of
installations and roof ventilators)	the building or involve structural alterations.
(b)	Any opening created by the installation must be adequately weatherproofed.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

(c) Windows, glassed areas and (a) Replacement materials must

external doors

comply with:

Australian Standard AS

1288—1994 Glass in

buildings—Selection and

installation and

AS/NZS 2208:1996 Safety glazing

materials in buildings.

(b)

Opaque or other obscured glazing

must be replaced with similar

opaque glazing so as not to impact

on the privacy of neighbouring

properties.

Building alterations (internal)

(a)	Business/Industrial	(a)	Doesnotincludealterationsto premises for the preparation or storage (or both) of food for sale
to the public.
(b)	Works must be non-structural, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building.
(c)	Works must not compromise fire safety or affect accessibility to fire exits.
(d)	Must not increase existing floor area of premises.
(e)	Must be an alteration to an existing building.

(b) Residential	(a) Works must be non-structural.
(b) Applies only to alterations or renovations to previously completed buildings.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(c) Works are not to include changes to the footprint of the dwelling or residential use of rooms whether by removal of existing walls,

partitions or by other means.

(d)

Works may include replacement

of internal doors, walls, windows,

ceiling or floor linings or

deteriorated frame members with

equivalent or improved quality

materials.

(e)

Works may include renovation of bathrooms, kitchens, and inclusion of built-in fixtures such as

vanities, cupboards and

wardrobes.

(f)

Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or

involve enclosure of open areas.

(g)

Works must not increase external size and envelope of the existing building.

(h)

Works are not to include

installation of oil or solid fuel

heating appliances.

(i)     Does not include alterations to premises for the preparation or storage (or both) of food for sale

to the public.

Bushfire hazard reduction

Work must be carried out consistent

with a bush fire management plan

made pursuant to section 52 of the

Rural Fires Act 1997.

Cabanas and gazebos

(a)	Maximum area 10m² per structure.
(b)	The floor must be located at or near ground level.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(c) Maximum height of 4.0m from ground level. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) Structures must be sited a minimum of 1.5m from side and rear boundaries. (f) Limit of one of each structure for each premises. (g) Maximum total floorspace of combined structures in this category is 40m².
Changes of use	(a) Does not include a change of use

(Different use resulting from change of to a sex shop.

use of:	(b)	Hours of operation are limited
(a) business premises, shop,	generally to between 6am and

restaurant, food shop or sex shop	9pm daily for all uses except
to business premises, or	industrial uses where the hours of

(b) business premises, shop, operation are limited to between

restaurant, food shop or sex shop	6am and 7pm Monday to Saturday
to shop or different kind of shop,	with no use on Sundays or public
or	holidays.

(c)	food shop to different kind of food	(c)	The change of use is not to
shop, or	include any change to existing
(d)	restaurant to a different kind of	floorspace, parking, landscaping
restaurant, or	or waste facilities approved for the
(e)	bulky goods outlet to different	development.
kind of bulky goods outlet, or
(f)	industry to different kind of industry, or
(g)	warehouse to different kind of warehouse.)

Clothes hoists/lines	(a)	Must be installed at ground level.
(b)	Must be located behind the building or in the side or rear yard.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(c) Must not be located on balconies or elevated decks.
Decks and patios	(a) The finished surface level must not be greater than 1m above ground level. (b) The structure must not exceed an area of 20m². (c) The structure must be located behind the building line of the property or no further forward than the alignment of any existing

building on any adjoining

property, whichever is the greater

setback.

(d) provided to prevent the entry of

Sufficient step down is to be dwelling.

(e)

Must be located a minimum of boundaries.

Demolition of a structure	(a)	exempt development if erection of that structure would be exempt development, or where an order to demolish has been issued by the Council under the Environmental
Demolition of a structure is only 1979.
(b)	Does not apply to demolition of a structural retaining wall.
(c)	Does not apply to the decontamination, rehabilitation or remediation of contaminated land.
(d)	accordance with Australian
Demolition must be carried out in Demolition of structures.

Page 22

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Driveways and pathways	(a) land except for driveways or

Does not apply to works on public behalf of the Council.

(b)	Must be structurally sound and of stable construction.
(c)

Must not be elevated or suspended excavation greater than 0.6m.

(d)

Driveway or access gradients must be designed to align with footpath crossing levels issued by the

Council and must comply with the

access gradient requirements of

Australian Standard AS

2890.1—1993 Parking facilities,

Part 1: Off-street car parking.

(e)

not to cause a drainage nuisance

Must be graded and drained so as area.

Fences and gates

General requirements

(including replacement of existing

fences or gates)

(a)	Does not apply to fences required by the Swimming Pools Act 1992.
(b)	Does not apply to fencing of street frontages of land occupied by dual occupancies, townhouses or villas.
(c)	Does not apply to fences or gates for residential flats.
(d)

All fences are to be constructed so nuisance.

(e) the street boundary of land

Does not apply to fencing along townhouses or villas.

Page 23

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

(a)	Front fences (including side fences	(a)	Does not apply to front fences
between the building line and the	where covenants apply to the land
street or any other public place)	that restrict erection of front fencing.
(b)	Does not apply to commercial premises.
(c)	A maximum height of 1m.
(d)	maximum height of 2.5m, is permitted on industrial premises but only where set behind existing
An open form front fence, to a consent.
(b)	Side fences and rear fences (fences	(a)	Maximum height of 1.8m if
behind the building line)	constructed of timber, metal or lightweight materials, all other materials maximum height of 1.0m.
(b)
Open form fencing to a maximum industrial premises.

Flagpoles	(a)	Maximum height 6.0m above ground level.
(b)	Must not project beyond property boundaries.
(c)	Limit of one flagpole per property.
(d)	Not used to display flag larger than 1m².
(e)	Not used to display flags for advertising purposes.
Greenhouses, garden sheds,	(a)	Maximum area 10m² per structure.
studios, cubby houses and playground equipment
(b)	The floor must be located at or near ground level.
(c)	Maximum height of 4.0m from ground level.

Page 24

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) Structures must be sited a minimum of 1.5m from side and rear boundaries. (f) Limit of one of each structure for each premises. (g) Maximum total floorspace of combined structures in this category is 40m². (h) Maximum area and height requirements do not apply where the structures are located on land within the Recreation and Community Land area.
Home activities	(a) The activity must not interfere with the amenity of the area by reason of such things as vehicular

traffic, parking, noise, vibration,

smell, fumes, smoke, water or

other waste products.

(b)

Any sound producing plant,

equipment, machinery or fittings

associated with or forming part of

a mechanical ventilation system or

refrigeration system, which is

installed as part of a home activity,

must be sound insulated or

isolated (or both).

Page 25

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(c) LAeq of 5dB(A) above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. The method of measurement of sound must be carried out in accordance with Australian Standard AS 1055.1—1997 Acoustics—Description and

Noise emitted must not exceed an noise—General procedures.

(d)

Any noise emitted must not

include any tonal, impulsive or

intermittent characteristics.

(e)

Hours of operation for the activity 6pm Monday to Saturday.

Letter box

Must not exceed a maximum height of

1.2m above ground level.

Outdoor eating areas

(a)

Must comply with the approved

development control plan for

outdoor eating areas.

(b)

A licence for the activity must be obtained from the Council before any outdoor eating activities are

undertaken.

Pergolas, and fixed awnings,	(a)	Maximum area 20m² per structure.
shade structures/sunshades at ground floor level or over an existing first floor deck
(b)	Maximum height 2.7m above ground level where proposed at ground floor level.
(c)	Maximum height 2.7m above existing first floor or deck level where proposed over an existing elevated deck.

Page 26

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e)

Must be located a minimum of boundaries.

(f)

Does not apply to business

shopfront awnings.

(g)

Maximum area and height

requirements do not apply where

the structures are located on land

within the Recreation and

Community Land area.

Public facilities and amenities	(a)	Approved by the Council and
(new construction and use)	undertaken by or on behalf of the
(includes such things as playground	Council, or if on Crown land
equipment, public toilet facilities,	where consultation with the
staircases, recreational, sporting,	Department of Land and Water
entertainment and cultural activities,	Conservation has occurred or, in
works for the purpose of landscaping,	the case of traffic management
gardening, lighting and night-time	facilities, must be undertaken by
activities, traffic management facilities,	or on behalf of the Roads and
public transport facilities, street	Traffic Authority.
furniture, security equipment or devices, goal posts, sight screens and similar ancillary sporting structures)
(b)
Works must be located on land the Roads and Traffic Authority.
(c)	Must be designed, fabricated and installed in accordance with any relevant Australian Standards and
the Building Code of Australia.

Page 27

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d) Bus shelters and seats with ancillary advertising must comply with the requirements of the development control plan for bus shelters and seats. (e) Park and street furniture (for example, seats, bins, picnic tables, barbecues etc) must comply with the requirements of any applicable development control plan or adopted plan of management. (f) only be exempt if in accordance

The following works or uses may management:

(i)

temporary uses, such as

markets, concerts, fetes etc,

(ii)       public toilet facilities,

(iii)

installation of lighting to

enable the night use of

recreational facilities.

Retaining walls (a) Not if any site filling or raising of site levels greater than 0.3m will occur within 1.5m of side or rear boundaries.

(b) Maximum height 0.6m.

(c)

Masonry walls to comply with

Australian Standards AS

3700—2001 Masonry structures,

AS 3600—1994 Concrete

structures and AS/NZS

1170.0:2002, AS/NZS

1170.1:2002, AS/NZS

1170.2:2002 and AS

1170.4—1993 Structural design

actions and Minimum design

loads on structures.

Page 28

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d) Timber walls to comply with Australian Standards AS 1720.1— 1997, AS 1720.2—1990 and AS 1720.4—1990 Timber structures and AS/NZS 1170.0:2002, AS/NZS 1170.1:2002, AS/NZS 1170.2:2002 and AS 1170.4—1993 Structural design actions and Minimum design loads on structures. (e)

All retaining walls are to be drainage nuisance.

(f)

Maximum length of 20 lineal

metres of retaining wall per

property.

(g)

Not if there are two or more wall rises or drops in succession.

Water heaters	(a)	Must be located behind the
(includes heat pump hot water heaters	building line of the property or no
and solar water heaters)	further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(b)	The installation must not reduce the structural integrity of the building or involve structural alterations.
(c)	The development must comply with the provisions of the Building Code of Australia for fire separation if in multi-unit housing.

Page 29

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d) The noise level generated must not exceed an LAeq of 5 dB(A) above background noise level when

measured at the property

boundary. Despite this, domestic

water heaters must not be audible

within any room of any adjoining

premises, from 8pm to 7am on

weekdays and 10pm to 8am on

weekends or public holidays.

(e) Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will

serve.

(f)

Trees must not be lopped in order water heaters.

Water tanks	(a)	Not if a below ground tank or on land that requires excavation.
(b)	Maximum height 2.4m from ground level.
(c)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)
Tanks must be located a minimum boundaries.
(e)	Maximum capacity of 1,600 litres.
(f)	Suitable proofing for the prevention of mosquito breeding must be provided.
(g)	Rainwater tank overflows must be connected to an approved stormwater system.

Page 30

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Schedule 2 Complying development—general

provisions (Clause 33)

Part 1 Complying development in the following

areas:

Residential “B” area Residential “C” area

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Building alterations (internal)	(a) Work must not reduce fire safety or accessibility to a fire exit. (b) Applies only to alterations or renovations to previously completed buildings. (c) Works must not include installation of oil or solid fuel heating appliances. (d) Work on that part of residential premises used for the purpose of preparation or storage (or both) of

food for sale to the public as part

of a home activity use, must

comply with the Food Regulation

2001, the Council’s Code for Food

Premises, and Code for

Commercial Home Catering.

Work does not include installation

of any commercial mechanical

exhaust ventilation system.

Cabanas and gazebos	(a)	Maximum area of 40m² per structure.
(b)	Maximum height of 4.0m from ground level for all structures.

Page 31

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d) Must be located a minimum of 1.5m off side and rear boundaries. (e)

The finished floor level must be no level at any point.

Decks and Patios	(a)
The finished surface level must not level.
(b)	The structure must not exceed an area of 40m².
(c)	The structure must be located behind the building line of the property or no further forward than
the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)
Sufficient step down is to be water into any associated dwelling.
(e)
Must be located a minimum of boundaries.
Demolition	(a)	Not including decontamination, rehabilitation or remediation of a contaminated site.
(b)	Demolition must be in accordance with any relevant Australian Standards.
Fences, Gates and Retaining	(a)	Not within the front building line
Walls	setback.

Page 32

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(b) Front fences within the front building line must not exceed a maximum height of 1.0m above ground level. (c)

Side or rear fences must not above ground level.

(d)	Retaining walls:
(i) must be located a minimum of 0.5m from a boundary line, and (ii) must not exceed a maximum height of 1.0m above ground level, and (iii) maximum length of 20 lineal metres of retaining wall per property.
(e)	the street boundary of land

Does not apply to fencing along townhouses or villas.

Garages	(a)	Maximum gross floor area of 40m² per structure.
(b)	Maximum height 4.0m from ground level for all structures.
(c)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)	Must be located a minimum of 1.5m off side boundaries.
(e)
The finished floor level must be no level at any point.

Page 33

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Greenhouses, garden sheds,	(a) Maximum gross floor area of 40m²

studios, cubby houses per structure.

(b)

Maximum height 4.0m from

ground level for all structures.

(c)

Must be located behind the

building line of the property or no

further forward than the alignment

of any existing building on any

adjoining property, whichever is

the greater setback.

(d)

Must be located in rear or side yards.

(e)

Must be located a minimum of 1.5m off side boundaries.

(f)

The finished floor level must be no level at any point.

Pergolas, awnings, shade	(a)	Maximum area of 40m² per
structures/sunshades, carports	structure.
(b)	Maximum height of 4.0m from ground level for all structures.
(c)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)	Must be located a minimum of 1.5m off side and rear boundaries.
(e)	The finished floor level must be no more than 1.0m above ground level at any point.
Single storey single dwelling	(a)	Maximum height of 5.4m from
houses and ground floor single	ground level to the highest point of
storey additions or alterations to	the roof.
single dwelling houses

Page 34

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(b) Must be located a minimum of 1.5m off side boundaries. (c) Must be located a minimum of 4.5m from rear boundaries. (d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (e) is restricted to 0.6m and the cut must not extend further than 0.9m

The maximum amount of cut or fill building.

(f)	All fill must be retained within the perimeter of the buildings.
(g)

For new dwellings, two car parking the building line.

(h)

Any car spaces and access

provided must comply with the

requirements of Australian

Standard AS 2890.1—1993

Parking facilities, Part 1: Off-street

car parking.

(i)

Any driveways provided must be

designed to align with footpath

crossing levels issued by the

Council.

(j)

New dwellings must be entitled to at least a 3.5 star rating under the National House Energy Rating

Scheme (NatHERS).

(k)

Alterations or additions must

comply with the energy efficiency

standards in the applicable

development control plan.

Page 35

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(l) Works are not to include installation of oil or solid fuel heating appliances. (m) MustcomplywithCouncil’s construction standards for buildings located in bushfire prone areas or any relevant Council building standards. (n) Work on that part of residential premises used for the purpose of preparation or storage (or both) of

food for sale to the public as part

of a home activity use, must

comply with the Food Regulation

2001, the Council’s Code for Food

Premises and Code for

Commercial Home Catering.

Work does not include any

commercial mechanical exhaust

ventilation system.

(o)

Minimum landscaped area is 45%

of the site area.

Subdivision for one or more of the following purposes only:

(a)	widening of a public road by a public authority, or
(b)	adjusting a boundary between allotments, but only if the new lots comply with this plan. The subdivision must not result in an

increased number of lots, the re-orientation of the existing allotments or redefinition of the

Mean High Water Mark, or

(c) correcting an encroachment on an allotment, but only if the new lots comply with this plan, or

Page 36

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:

(d)

strata subdivision of any building,

except dual occupancy housing,

approved and constructed after 1

July 1988, subject to the

development conforming with all

conditions of any applicable

development consent, or

(e)

consolidation of allotments, if it is development, or

(f)

public reserve purposes but only

where the residue lot or lots

the creation of an allotment for standards of this plan.

Swimming pools, spas and safety	(a)	Must be located in the rear or side
fencing	yard.
(b)	Minimum 1.0m distance from side or rear boundaries to the water.
(c)	Pools (including in-ground or above-ground) must not exceed 1.0m above ground level with no attached decking within 1.5m of side and rear boundaries (refer to Decks and Patios).
(d)	Safety fencing must comply with the Swimming Pools Act 1992 and Australian Standard AS 1926.2— 1995 Swimming pool safety, Part 2: Location of fencing for private swimming pools.

Page 37

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(e) Swimming pool/spa pump and associated equipment must be sound insulated or isolated (or both) so that the noise emitted does

not exceed an LAeq of 5 dB(A) above background noise level in any octave band from 63.0 Hz

centre frequencies inclusive at the

property boundary, measured in

accordance with Australian

Standard AS 1055.1—1997

Acoustics—Description and

measurement of environmental

noise—General procedures.

Part 2 Complying development in the following

areas:

Business “A” area Business “B” area Services area

Recreation and Community Land area

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Building alterations (external)	(a) Building must be an existing building authorised by a consent. (b) Only where there is an applicable development control plan or plan of management that specifies

standards for the external

treatment or appearance of the

building and only where the

development complies with the

requirements of the applicable

development control plan or plan

of management.

Page 38

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(c)	Work must not reduce fire safety or accessibility to a fire exit.
(d)	Work must not contravene any conditions of any development consent applicable to the building

or its use.

Building alterations (internal)	(a)	Building must be an existing building authorised by a consent.
(b)	Work must not reduce fire safety or accessibility to a fire exit.
(c)	Work must not increase the existing gross floor area of industrial premises except where it
is an internal mezzanine floor, where that area may be increased by up to a maximum floor area of 50m² but only for the purpose of storage or amenities.
(d)	Work must not increase existing gross floor area of business premises, including extensions within pedestrian arcades.
(e)	Work on that part of residential premises used for the purpose of preparation or storage (or both) of
food for sale to the public as part of a home activity use, must comply with the Food Regulation 2001, the Council’s Code for Food Premises and Code for Commercial Home Catering. Work does not include any commercial mechanical exhaust ventilation systems.

Page 39

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(f) must comply with the Food Regulation 2001, the Council’s Code for Food Premises, the Clean Air (Plant and Equipment) Regulation 1997, the Protection of the Environment Operations Act 1997, AS/NZS 1668.1:1998 and AS 1668.2—2002. Alterations to an existing food shop or restaurant do not include the construction or installation of an externally mounted or located

Work on food shops or restaurants unit.

(g)

Work on hairdressers, beauty

salons or skin penetration

premises must comply with the

Public Health Act 1991and

Regulations under that Act, the

NSW Health Department’s Skin

Penetration Guidelines, published

in July 1999 (if appropriate) and

the Local Government (Orders)

Regulation 1999.

(h)

Existingsoundproducing

machinery or fittings associated

with or forming part of the

existing mechanical ventilation

system or refrigeration system,

must be sound insulated or

isolated (or both) so that the noise

emitted does not exceed an LAeq

of 5 dB(A) above the background

level in any octave band from 63.0

Hz centre frequencies inclusive at

the boundary of the site (in

accordance with any relevant

Australian Standards). Any noise

emitted must not include any tonal,

impulsive or intermittent

characteristics.

Page 40

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Demolition	(a) Demolition is only permitted of a building the erection of which is identified in this Schedule as

complying development.

(b)

Notincludingdecontamination,

rehabilitation or remediation of a

contaminated site.

(c)

Demolition must be carried out in Australian Standards.

Subdivision for one or more of the following purposes only:

(a)

widening of a public road by a public authority,

(b)

adjusting a boundary between

allotments, but only if the new lots

comply with this plan. The

subdivision must not result in an

increased number of lots, the

re-orientation of the existing

allotments or redefinition of the

Mean High Water Mark,

(c)

correcting an encroachment on an allotment, but only if the new lots comply with this plan,

(d)

strata subdivision of any building,

except dual occupancy housing,

approved and constructed after 1

July 1988 subject to the

development conforming with all

conditions of any applicable

development consent,

(e)

consolidating allotments, if it is

development,

Page 41

2002 No 780

Sutherland Local Environmental Plan—Menai Town Centre 1992

(Amendment No 2)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:

(f)

public reserve purposes but only

where the residue lot or lots

the creation of an allotment for standards of this plan.

BY AUTHORITY

Page 42