Sutherland Shire Local Environmental Plan 2000 (Amendment No 14) (2002-500) [GG No 118 of 15.7.2002, p 5381] (NSW)

Case
No judgment structure available for this case.

2002 No 500

Sutherland Shire Local Environmental

New South Wales

Plan 2000 (Amendment No 14)

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 2)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 118 of 15 July 2002, page 5381

Page 1

[48]

2002 No 500

Clause 1

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Sutherland Shire Local Environmental Plan 2000

(Amendment No 14)

1     Name of plan

This plan is Sutherland Shire Local Environmental Plan 2000

(Amendment No 14).

2     Aims of plan

This plan aims:

(a)

to make minor amendments to various definitions and clauses under Sutherland Shire Local Environmental Plan 2000 (the 2000 plan), and

(b)

to amend existing exempt and complying development provisions under the 2000 plan, and

(c)

to make a minor amendment to the zoning map in respect of Wanda Reserve to rezone land from Zone 5 (g) Special Uses (General Road) to Zone 6 (a) Public Recreation under the 2000 plan, and

(d)

to introduce provisions in the 2000 plan to allow establishment of residential medical practices in the residential zones, and

(e)

to amend Schedule 2 to the 2000 plan to add a property as a heritage item and to correct several property descriptions.

3     Land to which plan applies

This plan applies to all land within the local government area of Sutherland Shire under Sutherland Shire Local Environmental Plan 2000.

4 Amendment of Sutherland Shire Local Environmental Plan 2000

Sutherland Shire Local Environmental Plan 2000 is amended as set out in Schedule 1.

Page 2

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]     Clause 5 Definitions

Omit the definitions of Advertising, Animal establishment, Boarding house, Building line, Convenience store, Dwelling house, Food shop, Gross floor area, Home activity, Medical facility, Motor showroom, Road and Townhouse from clause 5 (1).

[2]     Clause 5 (1)

Insert in alphabetical order:

Advertising means the use of a building or place where the display of symbols, messages or other devices for promotional purposes is visible from a public place, whether or not the display involves the erection of a structure or the carrying out of a work.

Animal establishment means a building or place used for breeding, boarding, training, keeping or caring for animals for business purposes, and includes a riding school, but does not include a veterinary hospital.

Backpackers accommodation means a building used for the purposes of providing accommodation for tourists, travellers or persons engaged in recreational pursuits and that:

(a)

may have shared facilities, such as a communal bathroom, kitchen or laundry, and

(b)

will generally provide shared accommodation in which there are two or more persons in a room, and

(c)

must only provide temporary accommodation.

Boarding house means a building:

(a)

that is wholly or partly let in lodgings, and

(b)

that provides lodgers with a principal place of residence for 3 months or more, and

(c)

that generally has shared facilities, such as a communal bathroom, kitchen or laundry.

Page 3

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Building line means the line which is parallel to the street frontage as specified in any development control plan that applies to the land concerned.

Convenience store means that portion of a building on a site, with a floor space not exceeding 100 square metres, that is used for the sale of groceries and other small items and is operated in conjunction with a service station, but does not include a building or place licensed to sell liquor under the Liquor Act 1982.

Dwelling house means one dwelling on one allotment except where that dwelling forms a component of a dual occupancy housing development.

Food shop means a building or place, the principal purpose of which is the preparation and selling of food and refreshments to people for consumption off the premises, whether or not the selling involves a drive-through service.

Gross floor area means the sum of the areas of each floor of the buildings on a site where the area of each floor is taken to be the area within the outer face of the external enclosing walls, excluding any of that area occupied by:

(a)

lift towers, motor rooms and stairwells within a basement or above the roof level, and

(b)

car parking needed to meet requirements of the Council, up to 20 square metres per required parking space, and

(c)

storage areas needed to meet requirements of the Council, and

(d)

plant rooms, garbage storage areas, switch rooms or the like within a basement.

Health care professional means a person who renders professional health services to members of the public and includes a legally qualified medical practitioner, a dentist within the meaning of the Dentists Act 1989, a chiropodist, a chiropractor, an osteopath, a physiotherapist, an optometrist, an acupuncturist, a psychologist, a herbalist, a homoeopath or the like.

Page 4

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

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 or a or surgical treatment of persons, whether public or private, and must include facilities for overnight stay accommodation. It may consist of:

building or place elsewhere defined in this plan.

(a)

a hospital, or

(b)

a sanatorium, or

(c)

a health centre, or

(d)

a nursing home, or

(e)

a home for infirm persons, incurable persons or convalescent persons,

and includes any shop or dispensary used in conjunction with the facility, but does not include an institution or a building or place elsewhere defined in this plan.

Motor showroom means a building or place used for the display and sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed and may also include servicing.

Page 5

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Residential medical practice means a room or a number of rooms forming part of, attached to, or within the curtilage of a dwelling house used by not more than two health care professionals and where no more than two employees are employed, but does not include facilities for in-patient care (whether or not there is residential occupation of the dwelling house).

Road means a roadway, whether made or unmade, for general public use, generally designed to accommodate the movement of vehicles and pedestrians, and may include bridges forming part of roads.

Townhouse means a two storey dwelling on a site containing three or more dwellings, where each dwelling has an individual entrance and there is open space for the exclusive use of the occupants of the dwelling.

[3]     Clause 11 What general provisions apply to advertising?

Omit clause 11 (c). Insert instead:

(c)

on any land to which this plan applies:

(i)

if the advertising forms part of a shelter or seat, or if the advertising is in accordance with any agreement entered into with the Council before the commencement of this plan, and

(ii)

if the Council is satisfied that the advertising will not interfere with the amenity of the locality.

[4]     Clause 17 What is exempt development?

Omit “1994” from clause 17 (2) (c). Insert instead “2000”.

[5]     Clause 17 (2) (l)

Omit the paragraph.

Page 6

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

[6]     Clause 17 (2) (o)

Insert after clause 17 (2) (n):

, and

(o)

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

[7]     Clause 17 (3) (j)

Omit the paragraph. Insert instead:

(j)

is affected by a foreshore building line.

[8]     Clause 18 What is complying development?

Omit “1994” from clause 18 (2) (e). Insert instead “2000”.

[9]     Clause 18 (2) (h)

Insert “vegetation” after “bushland” wherever occurring.

[10]     Clause 18 (2) (j)

Omit “, and”. Insert instead “.”.

[11]     Clause 18 (2) (k)

Omit the paragraph.

[12]     Clause 18 (3) (b)

Insert “or is on land that abuts a heritage item” after “plan”.

[13]     Clause 18 (3) (o)

Omit the paragraph. Insert instead:

(o)

is affected by a foreshore building line, except in Sylvania Waters, or

Page 7

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

[14]     Clause 31 Special considerations for non-residential uses in residential zones

Insert after clause 31 (b):

, and

(c)

the necessity that the proposed use does not detract from the economic viability of any existing neighbourhood or commercial centre.

[15]     Clause 32 Bushland vegetation considerations

Insert “vegetation” after “bushland” wherever occurring in clause32 (b)–(d).

[16]     Clause 33 What development is allowed in each zone?

Insert “residential medical practice,” in alphabetical order after the words “Development for the purpose of:” wherever occurring in item 3 (Development that requires development consent) of the matter relating to Zones 2 (a1), 2 (a2), 2 (b), 2 (c), 2 (e1) and 2 (e2) in the development control table to the clause.

[17]     Clause 33, Development control table, Zone 2 (b), item 3

Omit “or 4” from item 3 of the matter relating to Zone 2 (b).

[18]     Clause 33, Development control table, Zones 2 (b) and 2 (c), item 3

Insert “backpackers accommodation,” in alphabetical order after the words “Development for the purpose of:” wherever occurring in item 3 of the matter relating to Zones 2 (b) and 2 (c).

[19]     Clause 47 What development may be allowed in each zone?

Insert “backpackers accommodation,” in alphabetical order after the words “Development for the purpose of:” wherever occurring in item 3 of the matter relating to Zones 3 (a) and 3 (b) in the development control table to the clause.

[20]     Clause 47, Development control table, Zone 3 (b), item 3

Omit “or 4” from item 3 of the matter relating to Zone 3 (b).

Page 8

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

[21]     Clause 57 Who acquires land?

Insert in the table to clause 57 (2) after the matter relating to Zone 5 (a)

Community Facility:

5 (a) Parking

Sutherland Shire Council

[22]     Clause 59 Exceptions to the land use table in 5 (c), 5 (d) and 5 (g) zones

Insert “or fixed awnings” after “to advertising” in clause 59 (2).

[23]     Clause 59 (2)

Insert “or fixed awnings are” after “advertising is”.

[24]     Clause 60 What development may be allowed in each zone?

Insert “roads,” in alphabetical order after the words “Development for the purpose of:” wherever occurring in item 3 of the matter relating to Zones 5 (a) and 5 (b) in the development control table to the clause.

[25]     Clause 60, Development control table, Zones 5 (c) and 5 (d), item 2

Omit “, including bridges forming parts of roads” wherever occurring in item 2 (Development allowed without development consent) of the matter relating to Zones 5 (c) and 5 (d).

[26]     Clause 60, Development control table, Zones 5 (c), 5 (d) and 5 (g), item 3

Insert before the words “Development for the purpose of:” wherever occurring in item 3 of the matter relating to Zones 5 (c), 5 (d) and 5 (g):

Ancillary development not included in item 2.

[27]     Clause 60, Development control table, Zones 5 (c) and 5 (g), item 3

Omit “public transport interchanges or associated infrastructure,” wherever occurring in item 3 of the matter relating to Zones 5 (c) and 5 (g).

Page 9

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

[28]     Clause 60, Development control table, Zones 5 (c), 5 (d) and 5 (g), item 3

Insert after the last entry under the words “Development for the purpose of:” in item 3 of the matter relating to Zones 5 (c), 5 (d) and 5 (g):

Demolition not included in item 2.

[29]     Clause 67 What development may be allowed in each zone?

Insert “Demolition not included in item 2.” before “Subdivision.” wherever occurring in item 3 of the matter relating to Zones 6 (a) and 6 (c) in the development control table to the clause.

[30]     Clause 67, Development control table, Zone 6 (b), item 3

Insert after the last entryunder the words “Development for the purpose of:” in item 3 of the matter relating to Zone 6 (b):

watercraft facilities.

Demolition not included in item 2.

[31]     Clause 70 What development may be allowed in each zone?

Insert “Demolition not included in item 2.” before “Subdivision.” wherever occurring in item 3 of the matter relating to Zones 7 (a), 7 (b) and 7 (c) in the development control table to the clause.

[32]     Clause 78 What development may be allowed in each zone?

Insert “backpackers accommodation,” in alphabetical order after the words “Development for the purpose of:” in item 3 of the matter relating to Zone 9 (a) in the development control table to the clause.

[33]     Schedule 2 Heritage items—built and landscape

Omit the matter relating to 21 Bayside Place under the heading

Caringbah”.

Insert that matter instead in alphabetical order under the heading “Yowie

Bay”.

Page 10

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

[34]     Schedule 2, 733 Port Hacking Road, Dolans Bay

Insert in alphabetical order under the heading “Dolans Bay”:

Port Hacking Road

B280—No 733, house

[35]     Schedule 2, 698 Port Hacking Road South, Dolans Bay

Omit the matter relating to 698 Port Hacking Road South under the heading

Caringbah”.

Insert that matter instead in alphabetical order under the heading “Dolans

Bay”.

[36]     Schedule 2, 34 Shiprock Road, Lilli Pilli

Omit the matter relating to 34 Shiprock Road under the heading “Dolans

Bay”.

Insert that matter instead in alphabetical order under the heading“Lilli Pilli”.

[37]     Schedule 2, 27 Wallami Street, Caringbah

Omit the matter relating to 27 Wallami Street under the heading “Dolans

Bay”.

Insert that matter instead in alphabetical order under the heading

Caringbah”.

[38]     Schedule 2, 2 Frangipani Place, Caringbah

Omit the matter relating to 2 Frangipani Place under the heading “Willarong

Point”.

Insert that matter instead in alphabetical order under the heading

Caringbah”.

[39]     Schedule 3 Schedule of savings provisions

Omit “(Clauses 6 and 22)”. Insert instead “(Clauses 6 and 22 (5))”.

[40]     Schedule 3, paragraph (8)

Insert “within the existing road reserve” after “such road”.

Page 11

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

[41]     Schedules 4 and 5

Omit the Schedules. Insert instead:

Schedule 4 Exempt development

(Clause 17)

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 zone.

(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.

Page 12

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

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

(b)

Must be designed, fabricated and

traffic signal devices)

installed in accordance with

relevant Australian Standards.

2

Business advertising

(a) Suspended under awning signs

(a)

One per premises.

(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.

Page 13

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

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)

Must only advertise premises or

(a) Real estate signs

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 in

building.

construction of a building)

(b)

One composite sign per premises only and the sign must be located within the property boundaries.

(c)

Any signage must not exceed

2.5m² in area.

Page 14

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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)

than 7 consecutive days, more than

Not exempt if displayed for more 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.

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.

Page 15

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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)

above the second storey on

residential buildings, unless located

on a balcony where the air

External units must not be attached visible from street level.

(b)

Roof mounted air conditioning units are permitted on industrial premises only.

(c)

street facing elevation or within the

Must not be located within the mounted.

(d)

Must be located a minimum of 0.5m from any side or rear boundaries.

(e)

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

(f)

Any building work must not reduce building.

(g)

Any opening created must be

adequately weatherproofed.

Page 16

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(h)

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 air on weekends or public holidays.

(i)     Any noise emitted must not include any tonal, impulsive or intermittent characteristics.

(j)

compliance with Australian

Standards AS/NZS 1668.1:1998,

AS 1668.2—2002, AS/NZS

Must be maintained and installed in and AS/NZS 3666.3:2000.

Awnings, canopies and

(a) Must be retractable.

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.

(c)

security blinds or shutters on the

street front elevation of business

This exemption is not applicable to 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.

Page 17

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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.

(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).

Page 18

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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 3 (a)

General Business, 3 (b)

Neighbourhood Business, 4

(a) General Industrial or 9

(a) Mixed

Residential/Business zone,

or

(iii)

any development in the 5

(a) Special Uses, 6 (a)

Public Recreation or 6 (b)

Private Recreation zone.

Note. See Schedule 5

(Complying development) for

external building alterations.

(b)

Work must be non-structural.

(c)

Applies only to alterations or

renovations to previously

completed buildings.

Page 19

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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)

window arrangements for light and

ventilation needs, reduced

Works are not to cause reduced 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.

Page 20

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

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)

Does not include alterations to

(a) Business/Industrial

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.

(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.

Page 21

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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)

window arrangements for light and

ventilation needs, reduced doorways

Works are not to cause reduced 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.

(c)

Maximum height of 4.0m from

ground level.

(d)

line of the property or no further

forward than the alignment of any

existing building on any adjoining

Must be located behind the building setback.

Page 22

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(e)

of 0.5m from side and rear

boundaries, except in the 2 (a2), 2

(e1) and 2 (e2) Residential zones

where the Foreshore Scenic

Protection Area applies, Woronora

Heights and areas west of the

Woronora River (excepting

Structures must be sited a minimum setback is to be 1.5m.

(f)

Maximum total floorspace of

combined structures in this category

is 40m².

Changes of use

(a)

The following changes of use of

(Different use resulting from change of

premises within the 9 (a) Mixed

use of:

Residential/Business zone are not

(a) business premises, shop,

included:

restaurant, food shop or sex shop

(i)

business premises to shop,

to business premises, or

(ii)

shop to business premises,

(b) business premises, shop,

(iii)

restaurant, food shop or sex

restaurant, food shop or sex shop

shop to business premises

to shop or different kind of shop,

or shop.

or

(b)

Does not include a change of use

(c)

food shop to different kind of food

to a sex shop.

shop, or

(c)

Hours of operation are limited

(d)

restaurant to a different kind of

generally to between 6am and 9pm

restaurant, or

daily for all uses except industrial

(e)

bulky goods outlet to different

uses where the hours of operation

kind of bulky goods outlet, or

are limited to between 6am and

(f)

industry to different kind of

7pm Monday to Saturday with no

industry, or

use on Sundays or public holidays.

(g)

warehouse to different kind of

(d)

The change of use is not to include

warehouse.)

any change to existing floorspace,

parking, landscaping or waste

facilities approved for the

development.

Clothes hoists/lines

(a)

Must be installed at ground level.

(b)

Must be located behind the

building or in the side or rear yard.

(c)

Must not be located on balconies or elevated decks.

Page 23

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

Decks and patios

(a)

The finished surface level must not 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)

Sufficient step down is to be water into any associated dwelling.

(e)

Decks and patios 0.5m or less above natural ground level must be located a minimum 0.9m from side and rear boundaries, except in the 2 (a2), 2

(e1) and 2 (e2) Residential zones

where the Foreshore Scenic

Protection Area applies, Woronora

Heights and areas west of the

Woronora River (excepting

Woronora) where the minimum

setback is to be 1.5m.

(f)

Decks and patios greater than 0.5m above natural ground level, or decks to swimming pools, must be located a minimum of 1.5m from side and

rear 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

Demolition of a structure is only Planning and Assessment Act 1979.

(b)

Does not apply to demolition of a structural retaining wall.

Page 24

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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.

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)

Must be graded and drained so as not to cause a drainage nuisance to adjoining property or footpath

area.

Fences and gates

General requirements

(including replacement of existing

(a)

Does not apply to fences required

fences or gates)

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.

Page 25

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(e)

Does not apply to fencing along the street boundary of land occupied by dual occupancies, townhouses or

villas.

(f)

Does not apply to waterfront

properties in Sylvania Waters where

fencing between the rear of the

dwelling and the waterway is

restricted to a maximum 1.2m high

open form fencing.

(a)

Front fences (including side fences

(a)

Does not apply to front fences in

between the building line and the

Alfords Point, Barden Ridge,

Bangor, Bonnet Bay, Illawong,

street or any other public place)

Lucas Heights, Menai, Woronora

Heights or land at Sylvania Waters

where covenants apply to the land

that restricts 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

(a)

Maximum height of 1.8m if

(fences 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.

Page 26

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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

studios, cubby houses and

structure.

playground equipment

(b)

The floor must be located at or near ground level.

(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 0.5m from side and

rear boundaries, except in the 2

(a2), 2 (e1) and 2 (e2) Residential

zones where the Foreshore Scenic

Protection Area applies, Woronora

Heights and areas west of the

Woronora River (excepting

Woronora) where the minimum

setback is to be 1.5m.

(f)

Maximum total floorspace of

combined structures in this

category is 40m².

(g)

Maximum area and height

requirements do not apply where

the structures are located on land

zoned 5 (a) Special Uses.

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.

Page 27

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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).

(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 measurement of

Noise emitted must not exceed an 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

shade structures/sunshades at

structure.

ground floor level or over an

(b)

Maximum height 2.7m above

existing first floor deck

ground level where proposed at

ground floor level.

Page 28

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(c)

Maximum height 2.7m above

existing first floor or deck level

where proposed over an existing

elevated deck.

(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)

0.5m from side and rear

boundaries, except in the 2 (a2), 2

(e1) and 2 (e2) Residential zones

where the Foreshore Scenic

Protection Area applies, Woronora

Heights and areas west of the

Woronora River (excepting

Must be located a minimum of 1.5m.

(f)

Does not apply to business

shopfront awnings.

(g)

Maximum area and height

requirements do not apply where

the structure is located on land

zoned 5 (a) Special Uses.

Page 29

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

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, beach and foreshore

facilities, must be undertaken by or

protection works, lighting and

on behalf of the Roads and Traffic

night-time activities, traffic

Authority.

management facilities, public transport

(b)

Works must be located on land

facilities, street furniture, security

under the control of the Council or

equipment or devices, goal posts, sight

the Roads and Traffic Authority.

screens and similar ancillary sporting

(c)

Must be designed, fabricated and

structures)

installed in accordance with any

relevant Australian Standards and

the Building Code of Australia.

(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.

Page 30

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(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.

(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.

Page 31

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(c)

The development must comply

with the provisions of the Building

Code of Australia for fire

separation if in multi-unit housing.

(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 2.7m 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.

Page 32

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Type of activity—development

Development standards and other

consisting of erection and use or

requirements

carrying out of the following:

(g)

Rainwater tank overflows must be

connected to an approved

stormwater system.

Schedule 5 Complying development—general

provisions

(Clause 18)

Part 1 Complying development in the following

zones:

Zone 2 (a1) Residential Zone 2 (a2) Residential Zone 2 (b) Residential Zone 2 (e1) Residential Zone 2 (e2) Residential

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.

Page 33

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(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 and 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.

(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)

0.5m off side and rear boundaries,

except in the 2 (a2), 2 (e1) and 2

(e2) Residential zones where the

Foreshore Scenic Protection Area

applies, Woronora Heights and

areas west of the Woronora River

Must be located a minimum of minimum is 1.5m.

(e)

The finished floor level must be no more than 1.0m above ground level at any point.

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 40m².

Page 34

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(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)

from side and rear boundaries if

situated 0.5m or less above natural

ground level, except in the 2 (a2), 2

(e1) and 2 (e2) Residential zones

where the Foreshore Scenic

Protection Area applies, Woronora

Heights and areas west of the

Woronora River (excepting

Must be located a minimum of 0.9m setback is to be 1.5m.

(f)

from side and rear boundaries if

situated more than 0.5m above

Must be located a minimum of 1.5m swimming pools.

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 Walls

(a)

setback in areas west of Woronora

River (excluding Woronora),

Not within the front building line and Bonnet Bay.

(b)

Front fences within the front

building line must not exceed a

maximum height of 1.0m above

ground level.

Page 35

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(c)

Side or rear fences must not exceed 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.

(f)

Does not apply to waterfront properties in Sylvania Waters where fencing between the rear of

the dwelling and the waterway is

restricted to a maximum 1.2m high

open form fencing.

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.

Page 36

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(d)

0.9m off side boundaries or 0.5m

if detached and to the rear of the

building, except in 2 (a2), 2 (e1)

and 2 (e2) Residential zones where

the Foreshore Scenic Protection

Area applies, Woronora Heights

and areas west of the Woronora

Must be located a minimum of where the minimum is 1.5m.

(e)

The finished floor level must be no more than 1.0m above ground level at any point.

Greenhouses, garden sheds,

(a)

Maximum gross floor area of

studios, cubby houses

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 in rear or side yards.

(e)

0.9m off side boundaries or 0.5m

if detached and to the rear of the

building, except in 2 (a2), 2 (e1)

and 2 (e2) Residential zones where

the Foreshore Scenic Protection

Area applies, Woronora Heights

and areas west of the Woronora

Must be located a minimum of where the minimum is 1.5m.

(f)

The finished floor level must be no more than 1.0m above ground level at any point.

Pergolas, awnings, shade

(a)

Maximum area of 40m² per

structures/sunshades, carports

structure.

Page 37

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(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)

0.5m off side and rear boundaries,

except in the 2 (a2), 2 (e1) and 2

(e2) Residential zones where the

Foreshore Scenic Protection Area

applies, Woronora Heights and

areas west of the Woronora River

Must be located a minimum of minimum is 1.5m.

(e)

The finished floor level must be no more than 1.0m above ground level at any point.

Seawalls

(a)

Only applies to seawalls on land Sylvania Waters.

(b)

Reconstruction,replacementor

maintenance of existing seawalls

only.

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

(b)

0.9m off side boundaries, except

in 2 (a2), 2 (e1) and 2 (e2)

Residential zones where the

Foreshore Scenic Protection Area

applies, Woronora Heights and

areas west of the Woronora River

Must be located a minimum of minimum is 1.5m.

Page 38

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(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)

fill is restricted to 0.6m and the cut

must not extend further than 0.9m

The maximum amount of cut or building.

(f)

All fill must be retained within the perimeter of the buildings.

(g)

For new dwellings, two car

parking spaces must be provided

behind 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.

(l)

Works are not to include

installation of oil or solid fuel

heating appliances.

Page 39

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(m)

MustcomplywithCouncil’s

construction standards for

buildings located in bushfire prone

areas or 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 and the Council’s Code for

Food Premises and Code for

Commercial Home Catering.

Work does not include any

commercial mechanical exhaust

ventilation system.

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

(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

Page 40

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

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.

Swimming pools, spas and safety

(a)

Must be located in the rear or side

fencing

yard.

(b)

Must be located a minimum of 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)

the Swimming Pools Act 1992 and

Australian Standard AS

1926.2—1995 Swimming pool

Safety fencing must comply with for private swimming pools.

(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.

Page 41

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Part 2 Complying development in the following

zones:

2 (c) Residential

3 (a) General Business

3 (b) Neighbourhood Business

4 (a) General Industrial

5 (a) Special Uses

5 (b) Special Uses (Railways)

6 (b) Private Recreation

9 (a) Mixed Residential/Business

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)

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

Only where there is an applicable plan or plan of management.

(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.

Page 42

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(c)

gross floor area of industrial

premises except where it is an

internal mezzanine floor, where that

Work must not increase the existing 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 and

the Council’s Code for Food

Premises and Code for

Commercial Home Catering.

Work does not include any

commercial mechanical exhaust

ventilation systems.

(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.

Page 43

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(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 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.

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.

Page 44

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Amendments

Schedule 1

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

Seawalls

(a)

Only applies to seawalls on land zone in Sylvania Waters.

(b)

Reconstruction,replacementor

maintenance of existing seawalls

only.

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

(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)

consolidating 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.

Page 45

2002 No 500

Sutherland Shire Local Environmental Plan 2000 (Amendment No 14)

Schedule 1

Amendments

[42]     Schedule 7 Maps

Insert in appropriate order:

BY AUTHORITY

Page 46

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0