Sutherland Shire Local Environmental Plan 2000 (NSW)
This plan is called Sutherland Shire Local Environmental Plan 2000.
The objectives of this plan are:
(a) to establish a broad planning framework for future development in Sutherland Shire which allows for detailed provisions and standards to be made in development control plans,
(b) a sustainable Sutherland Shire through the efficient and equitable management of land uses,
(c) to implement the objectives of the Strategic Plan for Sutherland Shire relating to land use outcomes,
(d) to allow for provision of community facilities and land for public purposes,
(e) an environmentally appropriate balance of development that is ecologically sustainable, socially equitable and economically viable and leads to a more sustainable outcome for Sutherland Shire,
(f) to conserve items of environmental heritage,
(g) to preserve or enhance the quality of life of the local community,
(h) to preserve and enhance the quality of native vegetation,
(i) to protect environmentally sensitive areas,
(j) to provide employment opportunities in Sutherland Shire,
(k) to encourage development which supports access by public transport, walking and cycling and which is energy efficient.
This plan applies to all land in Sutherland Shire as shown on the maps, except for land to which the following plans apply:
(a) Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989), and
(b) Sutherland Shire Local Environmental Plan—Menai Town Centre 1992, and
(c) (Repealed)
All local environmental plans (including Sutherland Shire Local Environmental Plan 1993) that applied to the land to which this plan applies and that were in force immediately before the appointed day are repealed.
This plan amends State Environmental Planning Policy No 4—Development Without Consent, by inserting in alphabetical order of local government area in Schedule 2 the following words:
Land to which Sutherland Shire Local Environmental Plan 2000 applies
To permit extractive industries in the 7 (a) Environmental Protection (Waterways) Zone, Sydney Regional Environmental Plan No 9—Extractive Industry is amended by omitting from Division 5 of Schedule 1, the following matter:
The land at Port Hacking within Zone 7 (a) (the Environmental Protection (Waterways) Zone) under Sutherland Shire Local Environmental Plan 1993” and inserting instead the following matter:
The land in Port Hacking within the 7 (a) Environmental Protection (Waterways) zone under Sutherland Shire Local Environmental Plan 2000.
This plan amends Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) by inserting at the end of clause 3 the following subclause:
Despite subclause (1), this plan does not apply to the following land:
• Land at Parraweena Road, Taren Point, adjoining Woolooware Bay, to which Sutherland Shire Local Environmental Plan 2000 applies.
In this plan:
(a) cultivating fruit, vegetables or flower crops, or
(b) keeping or breeding livestock, bees or poultry or other birds, or
(c) cultivating plants in a wholesale plant nursery,
for business purposes.
(a) an art or craft gallery,
(b) art or craft workshops and storage areas,
(c) outdoor or indoor exhibition and performance space,
(d) a museum,
(e) an ancillary restaurant and a place for retail sales,
(f) meeting and lecture rooms,
(g) ancillary administration space,
(h) a caretaker’s residence.
(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.
(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.
(a) a large area for handling, storage or display, and
(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,
but does not include use of a building or place for the sale of foodstuffs or clothing.
(a) caters for 6 or more under school age children, whether or not those children are related to the owner or operator of the building or place, and
(b) may include an educational function, and
(c) may operate for the purpose of gain,
but does not include a building or place providing residential care for those children.
(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.
(a) a police, ambulance or fire station,
(b) a rescue or emergency service centre,
(c) a public library,
(d) rest rooms or meeting rooms,
(e) a child minding centre,
(f) a public health service centre.
(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.
(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 building or place elsewhere defined in this plan.
(a) the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or
(b) the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of such items.
Landscaped area includes any areas used for gardens, lawns, shrubs or trees, but does not include any part of the site occupied by buildings, driveways, service accessways, parking areas, communal drying yards, garbage storage areas, swimming pools, balconies or decks.
(a) slipways, or
(b) facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, or
(c) facilities for the storage or provision of food, or
(d) ancillary office.
(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.
(a) railway, road, water or air transport, telecommunications, wharf or river undertakings, and
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a
(a) an area of open space for passive recreation activities, or
(b) a children’s playground, or
(c) an area used for sporting activities or sporting facilities, or
(d) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
(i) the Council, or
(ii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,
whether used for the purposes of gain or not, but does not include a racecourse or showground.
(a) the use or settlement of Sutherland Shire, not being Aboriginal habitation, which is more than 50 years old, or
(b) Aboriginal habitation of Sutherland Shire either before or after its occupation by persons of European extraction, including human remains.
(a) handling, treating, processing or packing of primary produce, or
(b) regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a rural industry in the locality.
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) installation of accessories,
(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),
(e) convenience store.
(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b) a business to which section 578E of the Crimes Act 1900 applies is conducted.
(a) the space between two floors, or
(b) the space between any floor and its ceiling or roof above, or
(c) foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.
A storey which exceeds 4.5 metres is considered as two storeys.
(a) literature and booking services for tourist destinations and accommodation, and
(b) retail sales of souvenirs, gifts and the like, and
(c) ancillary administration space, and
(d) public toilets or change facilities.
(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 artificially modifying 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.
References to maps in this plan are to maps as in force at the commencement of this plan, unless otherwise described.
Any notes in this plan are intended to help a reader to understand this plan but are not part of this plan.
Nothing in this Plan shall be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:
(a) the carrying out of development of any description specified in Schedule 3 (Schedule of savings provisions), or
(b) the use of existing buildings of the Crown by the Crown.
Despite clause 4 (1), local environmental plans (including Sutherland Shire Local Environmental Plan 1993) and deemed environmental planning instruments, as in force immediately before the commencement of this plan, apply to a development application that was made but had not been finally determined before that commencement as if this plan had been exhibited but had not been made.
For the purposes of this plan the Council is the consent authority for all development, subject to the Environmental Planning and Assessment Act 1979.
This clause does not apply to the 2 (a1), 2 (a2), 2 (b), 2 (c), 2 (e1) and 2 (e2) Residential zones.
If any agreement, covenant or other similar instrument prohibits development allowed by this plan, then it shall not apply to that development, to the extent necessary to allow that development.
In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclauses (1) and (2) before this plan was made.
Regardless of any other provision of this plan, consent may be granted to the temporary use of land, other than for designated development, being carried out for a maximum period of 28 days, whether consecutive or non-consecutive, in any 12 month period.
Consent must not be granted unless the consent authority is satisfied that any requirement made by Sydney Water Corporation Limited for the provision of water and sewerage services to the site of the proposed development will be met.
Nothing in this plan prevents consent from being granted to advertising:
(a) on any premises within any zone:
(i) if the advertising only indicates the purpose for which the premises are or the site is used, and
(ii) the Council is satisfied that the advertising will not interfere with the amenity of the area, or
(b) on land in the 1 (a) Rural zone, if the advertising is directing the travelling public to tourist areas or tourist facilities, or
(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.
The objective of this clause is to provide for public participation in the decision-making process related to development applications that potentially may affect other properties as well as the property proposed to be developed or are of general public interest.
Certain development applications will be publicly exhibited by the Council in accordance with any relevant development control plan.
This clause does not apply to an application for development consent to designated development.
The objective of this clause is the preservation of valuable trees and bushland vegetation in Sutherland Shire.
Where it appears to the Council that it is expedient for the purpose of preserving or securing trees and bushland vegetation in order to ensure the integrity of the natural environment for both residents of and visitors to Sutherland Shire, it may make a tree and bushland vegetation preservation order.
A tree and bushland vegetation preservation order may prohibit the ringbarking, cutting down, topping, lopping, pruning, removing, injuring or wilful destruction of any bushland vegetation, tree or trees specified in the order except with development consent or the permission of the Council.
A tree and bushland vegetation preservation order made in accordance with this clause may apply to any tree or trees, or to any specified class, type or description of trees or to bushland vegetation described in the order.
A tree and bushland vegetation preservation order may exempt any tree or any specified class, type or description of trees or bushland vegetation upon land described in that order.
A tree and bushland vegetation preservation order, and an amendment or repeal of any such order, has effect only when it has been published in the Gazette and in a local newspaper.
A person must not contravene, or cause or permit the contravention of, a tree and bushland vegetation preservation order that is in force.
It is a sufficient defence to a prosecution for an offence under this clause if the accused establishes:
(a) that the tree or bushland vegetation concerned was dying or dead or had become dangerous, or
(b) that taking the action alleged to comprise the offence was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree or bushland vegetation was situated, or
(c) that written notice about proposed action to remove trees or bushland vegetation that pose or poses a fire hazard was given to the Council, and the Council, before the action alleged to comprise the offence was taken, confirmed in writing:
(i) that the tree or bushland vegetation concerned was in a fuel free zone within the meaning of the document entitled “Planning for Bush Fire Protection” published by the Department of Bush Fire Services, or
(ii) that the tree or bushland vegetation concerned was of a species classified by the Council as being likely to present a significant fire hazard, or
(d) that written notice about the proposed action alleged to comprise the offence was given to the Council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the Council did not advise the person during that period that it opposed the action being taken.
In this subclause,
The provisions of a tree and bushland vegetation preservation order shall not apply to activities lawfully conducted in accordance with the Telecommunications Act 1992 of the Commonwealth, the Roads Act 1993, the Rural Fires Act 1997, the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979.
The following development may be carried out only with development consent:
(a) demolishing or damaging a heritage item,
(b) altering a heritage item by making structural changes to its exterior,
(c) altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior,
(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,
(e) erecting a building on, or subdividing, land on which a heritage item is located,
(f) development, other than exempt development, on land abutting land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:
(i) an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter “L” corresponding to the item), or
(ii) an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter “A” corresponding to the item).
When determining a development application required by this clause, the consent authority:
(a) must consider the effect of the development on the heritage significance of the heritage item and its setting, and
(b) is to consider any conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting.
The consent authority must notify the Heritage Council if it intends to consent to the demolition of a heritage item that is of State significance (as indicated in Schedule 1 or 2) and consider any comments received from the Heritage Council within 28 days after the notice is sent.
This clause does not require consent for:
(a) maintenance necessary for ongoing protective care, including bushfire hazard reduction,
(b) internal alterations to residential buildings,
(c) installation of skylights which would not be visible from the street or other public places,
(d) demolition and erection of rear or side fences,
(e) lopping or removal of any structures or trees for safety reasons,
(f) removal of dead or dying trees, or
(g) any other development if the Council considers the proposed development would not adversely affect the heritage significance of the heritage item concerned.
Consent may be granted to development of a site of a heritage item which is a building, except a boatshed or other structure ancillary to a dwelling, regardless of any other provision of this plan, provided the consent authority is satisfied that:
(a) the proposed development would not adversely affect the heritage significance of the heritage item, and
(b) the proposed development would have little or no adverse effect on the amenity of the area, and
(c) conservation of the item will be carried out to the consent authority’s satisfaction.
Consent may be granted to the carrying out of development on an archaeological site or potential archaeological site that has Aboriginal cultural heritage significance only if the consent authority:
(a) has considered a heritage impact statement of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and
(b) except where the development is integrated development, has notified the Director-General of National Parks and Wildlife of its intention to do so and taken into consideration any comments received from that Director-General within 28 days after the notice was sent.
Consent may be granted to the carrying out of development on any other archaeological site or potential archaeological site only if the consent authority:
(a) has considered a heritage impact statement of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and
(b) has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent.
Development of minimal environmental impact listed in Schedule 4 is exempt development, subject to subclauses (2) and (3).
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 4, and
(b) the development is ancillary to an existing legal use of a property and will be contained wholly within the property, and
(c) the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (“BCA”) and the standards currently prescribed in the Environmental Planning and Assessment Regulation 2000, 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 result in a lesser landscape area or greater floorspace ratio than allowed by this plan, and
(g) 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
(h) 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 Limited applying to the land, and
(i) if appropriate, any installation involved is carried out to the manufacturer’s specifications and requirements, and
(j) 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
(k) the development does not result in the redirection of surface storm water or run off onto adjoining private property, and
(l) (Repealed)
(m) the development does not involve excavation beyond 600 millimetres below natural ground level, and
(n) 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 release any hazardous chemicals or materials or any pollutants into the environment, 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.
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 the 7 (a) Environmental Protection (Waterways) zone, or
(f) is within the 7 (b) Environmental Protection (Bushland) zone, or
(g) is within the 7 (c) Environmental Protection (Water Catchment) zone, or
(h) is within the 8 (a) National Parks, Nature Reserves and State Recreation Areas zone, or
(i) is within 40m of a waterbody, as defined in this plan, where the development requires any excavation, or
(j) is affected by a foreshore building line.
Development listed in Schedule 5 is complying development, subject to subclauses (2) and (3).
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 5, 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 Environmental Planning and Assessment Act 1979, 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 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 (“BCA”) and the standards currently prescribed in the Environmental Planning and Assessment Regulation 2000, and
(f) the development does not result in a landscape area less than or floorspace ratio greater than permitted by this plan, and
(g) 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
(h) 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
(i) 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 Limited applying to the land, and
(j) the development will not result in the redirection of surface storm water or run off onto adjoining private property.
(k) (Repealed)
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
(b1) abuts land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:
(i) an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter “L” corresponding to the item), or
(ii) an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter “A” corresponding to the item),
(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 identified on any of the maps marked “Sutherland Shire Local Environmental Plan 2000—Acid Sulfate Soils Planning Maps” and the Council has not approved an Acid Sulfate Soils Management Plan for the proposed development, or
(f) is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or
(g) is within the 1 (a) Rural zone, or
(h) is within the 1 (b) Rural (Future Urban) zone, or
(i) is within the 6 (a) Public Recreation zone, or
(j) is within the 7 (a) Environmental Protection (Waterways) zone, or
(k) is within the 7 (b) Environmental Protection (Bushland) zone, or
(l) is within the 7 (c) Environmental Protection (Water Catchment) zone, or
(m) is within the 8 (a) National Parks, Nature Reserves and State Recreation Areas zone, or
(n) 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
(o) is affected by a foreshore building line, except in Sylvania Waters, or
(p) is within 40m of a waterbody, as defined in this plan, where the development requires any excavation, or
(q) 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.
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.
The objective of the foreshore scenic protection area is to limit the scale of development and protect the landscape and visual character of foreshore areas of Sutherland Shire.
A foreshore scenic protection area is shown on the maps by hatching. It applies to land within a number of zones next to Bate Bay, Port Hacking, the Georges River and Woronora River.
Buildings in a foreshore scenic protection area are required by the development control tables to have more landscaped area than buildings outside the area.
The objectives of this clause are:
(a) preservation and enhancement of the natural features and vegetation near where the land meets the water,
(b) restoration of the land below the foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of man-made structures,
(c) no buildings below the foreshore building line other than buildings excepted by this clause,
(d) a significant reduction in the number of structures below the foreshore building line, particularly on redevelopment of a site,
(e) conservation and enhancement of waterfront buildings of heritage value,
(f) avoidance of adverse ecological effects on the waterways, and
(g) public use of the intertidal areas below the mean high water mark or high water mark, where appropriate.
In this clause:
(a) if the maps indicate by a black line that a foreshore building line applies to the allotment—the line across the allotment parallel to, and at the greater of the following distances from, the mean high water mark at 24 April 1980:
(i) the distance specified on the maps, or
(ii) 7.5 metres from the mean high water mark for the time being, or
(b) if the maps do not indicate by a black line that a foreshore building line applies to the allotment, and the allotment adjoins or is adjacent to the mean high water mark for the time being—the line across the allotment parallel to, and 7.5 metres from, the mean high water mark for the time being (except in respect of land at Sandy Point, where the line is taken to be the greater of the following distances from the tidal water:
(i) the 1% Annual Exceedance Probability flood line, or
(ii) a line across the allotment parallel to and 7.5 metres from the mean high water mark for the time being), or
(c) regardless of paragraphs (a) and (b), if the allotment adjoins a waterfront reserve—the line across the allotment parallel to, and 7.5 metres from, the landward boundary of the waterfront reserve.
For the purposes of this definition, the
A person must not erect a building or carry out a work on land between a foreshore building line and the tidal water in respect of which the line is fixed.
However, subclause (3) does not apply to:
(a) boat sheds,
(b) watercraft facilities,
(c) in-ground swimming pools, no higher than 300 millimetres above ground level at any point (unless located in the area of Bundeena or Maianbar),
(d) works, including mechanical works, to enable pedestrian access,
(e) landscaping and barbecues.
Additionally, in respect of land at Sandy Point that is located on the landward side of a line parallel to and 7.5 metres from the mean high water mark, subclause (3) does not apply in relation to the following:
(a) development for the purpose of tennis courts and ancillary development (but only if any structures resulting from the ancillary development are non-habitable),
(b) development for the purposes of a dwelling-house to be partially located on flood liable land, but only if the Council is satisfied that:
(i) the land is categorised as low hazard by a flood study undertaken in accordance with the Floodplain Management Manual prepared by the New South Wales Government, and
(ii) the development will not have a significant effect on the depth, velocity or distribution of floodwaters, and
(iii) all pedestrian and vehicular access to the dwelling-house will be provided to the part of the dwelling-house that is located above the 1% Annual Exceedance Probability flood line, and
(iv) the dwelling-house will be designed and constructed to reduce or eliminate flood damage, and
(v) the relevant height limit imposed by clause 34 (2) will not be exceeded, and
(vi) the dwelling-house will not unreasonably restrict views from buildings on adjoining lots, and
(vii) the appearance of the escarpment defining the limit of the flood plain will not be adversely affected by the cumulative impact of dwelling-house construction.
Development consent must not be granted to any development on an allotment of land affected by a foreshore building line, or to any development below the mean high water mark from time to time on an allotment or within the 7 (a) Environmental Protection (Waterways) zone adjoining the allotment, unless the consent authority is satisfied that the following buildings or works (if any) will be removed before, or within a reasonable time after, the development is carried out:
(a) any building or work on the allotment between the foreshore building line and the mean high water mark or high water mark, in each case as shown on the latest registered Deposited Plan showing the allotment, not being a building or work specified in subclause (4), or
(b) any building or work below the mean high water mark or high water mark, in each case as shown on the latest registered Deposited Plan showing the allotment, being a building or work on the allotment or on land adjacent to the allotment which is in the same ownership as the allotment or to which the owner or occupier of the allotment has some form of occupancy rights, but not being a building or work specified in subclause (4) (b).
However, subclause (5) does not apply to a building or work if the consent authority is satisfied that requiring removal of the building or work:
(a) would be inconsistent with any of the objectives of this clause, or
(b) is not necessary to achieve the objectives of this clause, or
(c) is unreasonable or unnecessary in the circumstances of the case, having regard to the provisions of any relevant development control plan.
This clause does not apply to buildings or works on reclaimed land, or on land adjacent to reclaimed land, in Sylvania Waters.
To avoid doubt, State Environmental Planning Policy No 1—Development Standards applies to a requirement made by subclause (3) in the same way as it applies to a development standard.
The public land described in Schedule 6 is reclassified as operational land for the purposes of the Local Government Act 1993.
A person must not, without development consent, carry out works described in the following table on land of the class specified for those works, except as provided by subclause (3).
Class of land as shown on acid sulfate soils planning maps | Works |
1 | Any works |
2 |
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3 |
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4 |
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5 |
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For the purposes of the Table to subclause (1),
(a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works, or
(b) any other works that are likely to lower the watertable.
This clause does not require development consent for the carrying out of works if:
(a) a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and
(b) the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.
Development consent required by this clause must not be granted unless the consent authority has considered:
(a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and
(b) the likelihood of the proposed development resulting in the discharge of acid water, and
(c) any comments received from the Department of Land and Water Conservation within 21 days of the Council having sent that department a copy of the development application and of the related acid sulfate soils management plans.
This clause requires development consent for works to be carried out by the Council, or other public authorities, despite the provisions of clause 6.
Regardless of the development control tables in this plan, consent may be granted to development for the purpose of any of the following:
(a) a general store and residential flat building (with a maximum of 3 units) at No 50 Pacific Crescent, Maianbar, on land shown edged heavy black on the map marked “Map 30: No. 50 Pacific Crescent” in Part 1 of Schedule 7 to this plan,
(b) a motor showroom and ancillary uses on Nos 28 and 30 Tea Gardens Avenue and Nos 5 to 21 Waratah Street, Kirrawee,
(c) outdoor markets on the Cronulla Sutherland Leagues Club site provided that they are confined to the area shown on the map marked “Map 1: Cronulla/Sutherland Leagues Club, Captain Cook Drive, Woolooware” in Schedule 7 to this Plan, operate only one day per week and cease to operate no later than on 31 December 2004,
(d) a motor showroom on land shown on the map marked “Map 2: 101–119 Princes Highway, Sylvania” in Schedule 7 to this Plan,
(e) car parking ancillary to the use of a motor showroom on land shown on the map marked “Map 4: Rear 101–107 Princes Highway, Sylvania” in Schedule 7 to this Plan,
(f) a community facility or tourist information centre on land shown on the map marked “Map 6: RTA Depot—Old Princes Highway, Engadine” in Schedule 7 to this Plan,
(g) a recreation facility, being a sailing club, shown on the map marked “Map 7: Burraneer Bay Sailing Club, Burraneer Bay” in Schedule 7 to this Plan,
(h) a watercraft facility, beach or foreshore protection work, marina or swimming enclosure on any land within 10 metres of any adjoining land within the 7 (a) Environmental Protection (Waterways) zone,
(i) light rail or public transport infrastructure on any land to which this plan applies.
(j) a motor showroom with an area set aside exclusively for customer parking, no pedestrian or vehicular access or egress to Kumbardang Avenue and incorporating acceleration and deceleration lanes to and from all egress and access to The Boulevarde, on land shown on map “Map 9: 220–234 The Boulevarde, Nos 1–3 Kiora Road and Nos 1–5 Kumbardang Avenue, Miranda” in Schedule 7 to this Plan.
Regardless of the development control table in this plan, the following land may be used for helicopter landings and take-offs associated with emergency situations or, only with development consent, on not more than ten other occasions per year:
(a) Sutherland Oval, The Grand Parade, Sutherland,
(b) Waratah Park, Sutherland,
(c) Heathcote Oval, East Heathcote,
(d) “Old Tip site” Illawarra Road, Menai.
The following zones apply as identified on the maps:
1 (a) Rural
1 (b) Rural (Future Urban)
2 (a1) Residential
2 (a2) Residential
2 (b) Residential
2 (c) Residential
2 (e1) Residential
2 (e2) Residential
3 (a) General Business
3 (b) Neighbourhood Business
4 (a) General Industrial
5 (a) Special Uses
5 (b) Special Uses (Railways)
5 (c) Special Uses (Arterial Road)
5 (d) Special Uses (Future Arterial Road)
5 (e) Special Uses (Proposed Road)
5 (f) Special Uses (Waste Recycling)
5 (g) Special Uses (General Road)
6 (a) Public Recreation
6 (b) Private Recreation
6 (c) Regional Recreation
6 (d) Future Recreation
7 (a) Environmental Protection (Waterways)
7 (b) Environmental Protection (Bushland)
7 (c) Environmental Protection (Water Catchment)
8 (a) National Parks, Nature Reserves and State Recreation Areas
9 (a) Mixed Residential/Business
This Part applies to land within the following rural zones identified on the maps:
1 (a) Rural
1 (b) Rural (Future Urban)
A dwelling house may be erected in the 1 (a) Rural zone only with development consent, and only if the dwelling house is:
(a) on 2 hectares or more of land, and
(b) used in conjunction with agriculture, an animal establishment or rural industry.
Existing dwelling houses in the Rural 1 (a) zone may be enlarged or altered with development consent.
Any dwelling house erected or enlarged in the Rural 1 (a) zone must comply with the following:
(a) height must not exceed 7.2 metres to any point on the uppermost ceiling and 9 metres to the highest point on the roof, and
(b) gross floor area must not increase by more than 30m
2 or 10% of the existing gross floor area, whichever is the lesser, or exceed a maximum floorspace of 300m2 (inclusive of any ancillary buildings).
The owner of any allotment in the 1 (a) Rural zone, which has a frontage to Woronora River (as identified on the maps), may request the Minister administering the Environmental Planning and Assessment Act 1979 to acquire the land. On receipt of the request, the Corporation under the Act shall acquire the land.
The following development control tables give the objectives of the rural zones and what development is allowed or is prohibited in each zone.
The provision of land suitable for a range of rural-oriented activities or uses less suited to an urban environment.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• agriculture (involving land clearing, earthworks or the erection of buildings or structures),
• animal establishments,
• drainage,
• dwelling houses,
• recreation areas,
• roads,
• rural industries,
• utility installations, other than gas holders or generating works.
Demolition not included in item 2.
Subdivision.
Any development other than development included in item 2 or 3.
The maintenance of land in an undeveloped state until appropriate assessments are made of the sustainability of the land for urban development.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• drainage,
• recreation areas,
• roads,
• utility installations, other than gas holders or generating works.
Demolition not included in item 2.
Subdivision.
Any development other than development included in item 2 or 3.
This Part applies to land within the following residential zones identified on the maps:
2 (a1) Residential
2 (a2) Residential
2 (b) Residential
2 (c) Residential
2 (e1) Residential
2 (e2) Residential
When assessing the impact of residential land uses proposed in the residential zones by development applications and whether those uses satisfy the objectives of the zone concerned, the consent authority must take into consideration the following matters and must not grant consent unless it is satisfied that those matters have been adequately addressed by relevant documentation submitted to it:
(a) the impact that the proposed development may have on adjoining development, buildings and open space from loss of sunlight, views and privacy,
(b) the effect of the proposed development on the quality of the streetscape,
(c) the cumulative impact of successive development on the general character of the neighbourhood,
(d) the impact of the proposed development on adjoining properties in terms of size, bulk, height and amount of landscaped area,
(e) the retention and enhancement of existing vegetation,
(f) any adverse impact on the natural and built environment,
(g) the location of the proposed development in relation to potential risks, including flooding, bush fire and other hazards,
(h) the impact that the proposed development may have on any public area or waterbody from loss of sunlight, views and visual amenity.
When assessing the impact of non-residential land uses proposed in the residential zones by development applications, the consent authority must consider whether the proposal adequately addresses the following:
(a) the amount of traffic that will be generated by the proposed development and whether or not there will be a significant change to the traffic volumes currently experienced within the locality as a result of the development that would affect the amenity of the area, and
(b) the potential of the proposed development to cause a level and kind of noise above and different from the normal background noise of the area, particularly noise resulting from any night time activities generated by the development, and
(c) the necessity that the proposed use does not detract from the economic viability of any existing neighbourhood or commercial centre.
Consent must not be granted to residential development unless the consent authority is satisfied that the proposed development will not have a significant adverse effect on:
(a) the protection of rare and endangered flora and fauna species and the protection of habitats for native flora and fauna, or
(b) the protection of wildlife corridors and vegetation links with other nearby bushland vegetation, or
(c) the protection of bushland vegetation as a natural stabiliser of the soil surface and the protection of existing landforms such as natural drainage lines, water courses and foreshores, or
(d) the protection of bushland vegetation of scenic value and the retention of the unique visual identity of the landscape.
The following development control tables give the objectives of the residential zones and what development is allowed or is prohibited in each zone.
A residential environment:
(a) where the scale, amenity and general character of the area is preserved, and
(b) where the streetscape is characterised by detached 1 and 2 storey residential buildings, and
(c) where the predominantly single dwelling house character of a neighbourhood is not diminished by the cumulative impact of successive dual occupancy, town house or villa house developments, and
(d) where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.
Development for the purpose of:
• drainage.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• child care centres,
• community facilities,
• dual occupancy housing, except on internal allotments,
• dwelling houses,
• educational establishments,
• housing for older people or people with a disability,
• medical facilities,
• places of public worship,
• recreation areas,
• residential medical practice,
• roads,
• tennis courts (private),
• townhouses, except on internal allotments,
• utility installations, other than gas holders or generating works,
• villa houses, except on internal allotments.
Demolition not included in item 2.
Development below the foreshore building line allowed by clause 20.
Subdivision.
Any development other than development included in item 2 or 3.
A lower density residential environment than the 2 (a1) Residential zone, in an environmentally and visually sensitive location:
(a) where the scale, amenity and sensitive environmental character of the area is preserved, and
(b) where the streetscape is characterised by detached 1 and 2 storey residential buildings within a landscape setting, and
(c) where the predominantly single dwelling house character of a neighbourhood is not diminished by the cumulative impact of successive dual occupancy, townhouse or villa house developments, and
(d) where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.
Development for the purpose of:
• drainage.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• child care centres,
• community facilities,
• dual occupancy housing, except on internal allotments,
• dwelling houses,
• educational establishments,
• housing for older people or people with a disability,
• medical facilities,
• places of public worship,
• recreation areas,
• residential medical practice,
• roads,
• tennis courts (private),
• townhouses, except on internal allotments,
• utility installations, other than gas holders or generating works,
• villa houses, except on internal allotments.
Demolition not included in item 2.
Development below the foreshore building line allowed by clause 20.
Subdivision.
Any development other than development included in item 2 or 3.
A medium density residential environment:
(a) that provides a graduation between high and low density residential areas, and
(b) with co-ordinated, efficient and economical development of villas and townhouses to ensure high quality design outcomes, and
(c) where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.
Development for the purpose of:
• drainage.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• backpackers accommodation,
• boarding houses,
• child care centres,
• community facilities,
• dual occupancy housing, except on internal allotments,
• dwelling houses,
• educational establishments,
• housing for older people or people with a disability,
• medical facilities,
• places of public worship,
• recreation areas,
• residential medical practice,
• roads,
• tennis courts (private),
• townhouses, except on internal allotments,
• utility installations, other than gas holders or generating works,
• villa houses, except on internal allotments.
Demolition not included in item 2.
Development below the foreshore building line allowed by clause 20.
Subdivision.
Any development other than development included in item 2 or 3.
A high density residential environment:
(a) in close proximity to the major shopping centres and railway stations, and
(b) with co-ordinated, efficient and economical development of residential flat buildings of high quality design, and
(c) where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity.
Development for the purpose of:
• drainage.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• backpackers accommodation,
• boarding houses,
• child care centres,
• community facilities,
• educational establishments,
• housing for older people or people with a disability,
• medical facilities,
• places of public worship,
• recreation areas,
• residential flats,
• residential medical practice,
• roads,
• tennis courts (private),
• townhouses,
• utility installations, other than gas holders or generating works,
• villa houses.
Demolition not included in item 2.
Development below the foreshore building line allowed by clause 20.
Subdivision.
Any development other than development included in item 2 or 3.
A residential environment in an environmentally and visually sensitive locality:
(a) where the scale, amenity and general character of the area is preserved, and
(b) where the streetscape and views to the land from the waterways are characterised by 1 and 2 storey detached residential buildings, and
(c) which is protected from visually intrusive development, especially where buildings or works may be viewed from the waterway or on sites which contain significant vegetation or natural features which should be preserved, and
(d) where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity, and
(e) where the natural environment is protected from development that would harm the foreshore, escarpment and habitats in the vicinity of waterways.
Development for the purpose of:
• drainage.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• child care centres,
• cluster housing,
• community facilities,
• dual occupancy housing, except on internal allotments and on land at Sandy Point,
• dwelling houses,
• educational establishments,
• medical facilities,
• places of public worship,
• recreation areas,
• residential medical practice,
• roads,
• tennis courts (private),
• utility installations, other than gas holders or generating works.
Demolition not included in item 2.
Development below the foreshore building line allowed by clause 20.
Subdivision.
Any development other than development included in item 2 or 3.
A residential environment at a lower density than the Residential 2 (e1) zone in an environmentally and visually sensitive locality:
(a) where the scale, amenity and sensitive environmental character of the area is preserved, and
(b) where the streetscape and views to the land from the waterways are characterised by 1 and 2 storey detached residential buildings within a landscape setting, and
(c) which is protected from visually intrusive development, especially where buildings or works are within view of any waterway or on sites which contain significant vegetation or natural features that should be preserved, and
(d) where non-residential uses provide necessary services to the local neighbourhood without adversely affecting the residential amenity, and
(e) where the natural environment is protected from development that would harm the foreshore, escarpment and habitats in the vicinity of waterways.
Development for the purpose of:
• drainage.
Exempt development.
Ancillary development not included in item 2.
Development for the purpose of:
• child care centres,
• cluster housing,
• community facilities,
• dual occupancy housing, except on internal allotments,
• dwelling houses,
• educational establishments,
• medical facilities,
• places of public worship,
• recreation areas,
• residential medical practice,
• roads,
• tennis courts (private),
• utility installations, other than gas holders or generating works.
Demolition not included in item 2.
Development below the foreshore building line allowed by clause 20.
Subdivision.
Any development other than development included in item 2 or 3.
The objectives of the height limits are to:
(a) achieve consistency in the scale of buildings within each zone, and
(b) minimise adverse impacts from development on adjoining or nearby properties due to loss of privacy and views, and overshadowing, and
(c) relate the building form to the topography of the site, and
(d) ensure all buildings in a residential zone, other than the 2 (c) Residential zone, maintain a maximum 2 storey appearance.
The height limits are:
(a) Except for buildings in the 2 (c) Residential zone, buildings in the area of Bundeena or Maianbar, villa houses and housing for older people or people with a disability, a building must not exceed a height of:
(i) 7.2 metres to any point on the uppermost ceiling, and
(ii) 9 metres to the highest point of the roof.
(b) Before granting consent for development within the 2 (c) Residential zone, the consent authority must consider any height limit specified in any development control plan applying to land.
(c) Villa houses must be 1 storey only and must not exceed 5.4 metres to the highest point of the roof.
(d) The height limits for housing for older people or people with a disability are as specified in State Environmental Planning Policy No 5—Housing for Older People or People with a Disability.
(e) Basement carparking must not exceed 1.5 metres above ground level to the top of the slab.
For land located in the area of Bundeena or Maianbar, the Council must consider any height limit recommended in a development control plan applying to the land.
The objectives of the floorspace ratio requirements are:
(a) to provide a degree of consistency for existing residents as to the size and bulk of potential buildings in their neighbourhood, and
(b) to allow buildings of sufficient scale to satisfy the needs of residents while preventing development of sites beyond community expectations and the environmental capacity of the zone.
The maximum floorspace ratio for buildings in a residential zone is as indicated in the following Table:
Table
Residential Zone | Maximum floorspace ratio or gross floor area |
2 (a1) Residential | 0.45:1 |
2 (a2) Residential | 0.4:1 |
2 (b) Residential | 0.45:1 for dwelling houses and dual occupancy housing 0.7:1 for other buildings |
2 (c) Residential | Except where a floorspace ratio is specified in a development control plan, the maximum floorspace ratio is 1:1. The consent authority must consider floor space ratios specified in any development control plan applying to the land. |
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(Clause 18)
• Zone 2 (a1) Residential
• Zone 2 (a2) Residential
• Zone 2 (b) Residential
• Zone 2 (e1) Residential
• Zone 2 (e2) Residential
Development consisting of the erection or carrying out of the following: | Development standards and other requirements |
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(excluding areas where the Australian Noise Exposure Forecast (ANEF) is between 20 and 25) |
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• 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 erection or carrying out of the following: | Development standards and other requirements |
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(Clause 21)
Masefield Place | Lots 8 and 9, DP 238755 |
Carter Crescent | Lot 23, DP 28324 |
Princes Highway | Lot 3, DP 230603 |
Vermont Street | Lot 3, DP 181070 |
195B Prices Circuit | Lot 3, DP 565899 |
(Clauses 5, 23, 65 and 69)
This map, as inserted by Gazette No 38 of 8.2.2002, p 788, was renumbered as “Map 22:1–7 Robertson Street and Part of Harvard Lane” by Gazette No 57 of 8.3.2002, p 1532.
(Clause 65 (5))
The objectives of this Division relating to local context in relation to the land to which this Part applies (referred to in this Part as
(a) to ensure appropriate height relationship between the existing clubhouse/sportsground, surrounding land uses, Botany Bay and new development,
(b) to improve the amenity of the public domain by creating a view corridor through the site to Woolooware Bay with building heights that enhance the view corridor,
(c) to protect and enhance the environmental and visual features of the site,
(d) to achieve compatibility between the scale, density, bulk and landscape character of buildings and the site,
(e) to provide space between buildings, to maximise daylight and sunlight access between buildings, to ensure adequate space for landscaping and to create view corridors,
(f) to regulate the density of the development on the site and the scale and bulk of development consistently with the capacity and area of the site,
(g) to ensure that there is sufficient space for car parking and that these areas are not visually obtrusive,
(h) to achieve an appropriate separation between buildings and site boundaries,
(i) to establish a consistency of building forms across the site,
(j) to minimise impact of new development on existing distant views across the site from Sans Souci, immediate views from Woolooware Bay and from residential properties to the south-east,
(k) to enhance opportunities for ecological management of the adjoining Towra Point Aquatic Reserve,
(l) to ensure that the foreshore is adequately re-vegetated and managed in the long term.
Before granting consent to the carrying out of development on the site, the consent authority must be satisfied that the development is consistent with:
(a) any relevant objectives contained in this plan, and
(b) any relevant State environmental planning policy.
Before granting consent to the carrying out of development on the site, the consent authority must be satisfied that the development will comply with:
(a) the relevant development standards and other requirements for the development set out in this Part, and
(b) the relevant provisions of clause 30 of this plan in relation to residential development.
Before granting consent to the carrying out of development on the site, the consent authority must be satisfied that the development is consistent with, and does not adversely impact on, the ongoing use of the Cronulla Sutherland Leagues Club as a club.
The provisions of clause 62 of this plan that specify the maximum height of a building in an open space zone do not apply to development carried out on the site.
The maximum height of any building above ground level is 15 metres to the highest point of the roof.
Plant equipment, lift overruns, communication devices, solar collectors, exhaust stacks, ventilation shafts and other typically roof mounted items are to be concealed or integrated into the design of the building. Despite the requirements of subclause (2), roof mounted items may have a height greater than 15 metres above ground level.
Despite any other provision in this Part:
(a) the development standards in Parts 4 and 7 of Chapter 3 of State Environmental Planning Policy (Seniors Living) 2004 apply to any development for the purpose of seniors housing on land to which this Schedule applies in the same way as those standards apply to development on land to which that Policy applies generally, and
(b) any such development standards prevail over any other development standards set out in this Part to the extent of any inconsistency.
The maximum floorspace ratio for development on the site is 1:1.
The minimum landscaped area for the site is 65% of the site area.
Buildings must be of a size and bulk that is consistent with the medium density nature of the development site.
The provisions of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development apply to the site.
All development must be set back from a public road, property boundary, public open space, environmental buffer or proposed public open space by a distance of not less than 5 metres.
Before granting consent to the carrying out of development on the site, the consent authority must be satisfied that all building designs demonstrate how optimum natural daylight, cross ventilation, building separation, solar access, landscaping, aural and visual privacy and protection from mosquitoes are to be achieved.
To reduce the apparent scale of a building in relationship to adjacent development, the uppermost floor of the development is to be set back from the lower floors of a building.
The objectives of this Division relating to site design (landscaping, fences, safety, access and car parking, building entries, public domain and public lighting) are as follows:
(a) to connect the existing public road network to the site and ensure internal accessways permit a visual connection between the surrounding areas to the south and Woolooware Bay,
(b) to protect and conserve environmentally sensitive land, particularly the foreshore lands to Woolooware Bay,
(c) to accommodate the future needs of the Cronulla Sutherland Leagues Club in relation to club activities and other development,
(d) to concentrate non-residential uses at street level,
(e) to promote characteristic landscaping and streetscapes with substantial plantings, including trees that will grow to a minimum height of 15 metres,
(f) to maximise opportunities for the development to utilise public transport services and pedestrian and bicycle links,
(g) to create a high quality residential living environment that contributes to a sense of place and community,
(h) to provide useable private open space for the enjoyment of residents,
(i) to facilitate re-contouring of the foreshore lands, replicating as closely as possible, the original landform and vegetative state,
(j) to allow for re-vegetation with appropriate plant species, including saltmarsh, taking into consideration the implications of future sea level rise,
(k) to create a visual screen to the development from the waterway.
Before granting consent to the carrying out of development on the site, the consent authority must be satisfied that the development provides for the following:
(a) well-designed landscaped areas that contribute to the continuity and amenity of the public domain as well as the buildings,
(b) public areas that are predominantly planted with trees and shrubs and minimal paving that is limited to access paths, vehicular access points and cycleways,
(c) appropriate levels of visual privacy for residents using both internal and external spaces at night and during the day,
(d) buildings and spaces that comply with the principles for minimising crime risk set out in Part B of the guidelines issued by the Department of Urban Affairs and Planning (as it was then named) in April 2001 entitled Crime prevention and the assessment of development applications: Guidelines under section 79C of the Environmental Planning and Assessment Act 1979(ISBN 0 7347 0184 5),
(e) minimal light spillage adjacent to the 40 metre wide environmental buffer.
A 40 metre wide environmental buffer is required from the mean high water mark. No development is permitted within the environmental buffer.
The 40 metre wide environmental buffer must incorporate a 5 metre wide riparian buffer zone, to the eastern side of the drainage channel that divides the development site from the western playing fields.
A visual barrier from Woolooware Bay must be provided incorporating plantings of trees that form a continuous canopy dense enough to screen views from the Bay and which will grow to a minimum height of 15 metres.
The environmental buffer must be rehabilitated in accordance with a rehabilitation plan that has been endorsed by the Council and the NSW Department of Primary Industries, Fisheries Division. The rehabilitation plan is to be submitted by the applicant with any development application lodged for the site.
At the boundary of the environmental buffer a physical barrier is required that will impede uncontrolled access to Woolooware Bay by people and domesticated animals.
Any provision for a publicly accessible pedestrian pathway and cycleway must be outside the 40 metre wide environmental buffer.
Access, parking and servicing is to be provided in accordance with the requirements set out in the Guide to Traffic Generating Development, Version 2.2, published by the Roads and Traffic Authority in 2002.
Car parking must generally be located beneath buildings and away from public view.
Car parking spaces for the existing registered club are to be provided in addition to the car parking requirements for the residential and non-residential uses of the development. These are to be calculated in accordance with the requirements set out in the Guide to Traffic Generating Development.
A publicly accessible pedestrian pathway and cycleway must be provided on the northern side of the building.
The consent authority must not grant consent to the carrying out of development on the site unless the consent authority is satisfied that the development adequately addresses the following:
(a) pedestrian and vehicular entries should be separated and clearly demarcated,
(b) pedestrian entries to buildings should be prominently located on primary streets, as close to property boundaries as acceptable,
(c) bicycle parking and storage.
The objectives of this Division relating to building design (apartment layout, balcony design, ceiling heights, flexibility, ground level activity, acoustic privacy, visual privacy, natural light, natural ventilation and building expression and articulation) are as follows:
(a) to ensure that all development has been designed to be compatible with and protect the topography and setting of the site,
(b) to reinforce and enhance the character of the development site,
(c) to ensure that buildings are designed with adequate provision for the intended occupants, in terms of amenity and access to private open space,
(d) to ensure that development provides adequate landscaping and open space to enhance the quality and appearance of the building while accommodating the needs of its users and maintaining residential amenity,
(e) to create a built form that defines and enhances the view corridor through the site, from Woolooware Road to Woolooware Bay,
(f) to ensure development has adequate utility services and drainage facilities,
(g) to use materials that improve the energy efficiency of a building when used in external walls that are properly protected from direct summer sun by using sun shading devices.
Before granting consent to the carrying out of development on the site, the consent authority must be satisfied that the development provides:
(a) noise attenuation to achieve a night time L90 noise level for bedrooms within residential development of not more than:
(i) 45 dBa within noise sensitive spaces, and
(ii) 40 dBa at the southern limit of the environmental buffer, and
(b) elements within buildings that assist in the modulation of a facade, such as verandas, awnings, balconies, terraces, sun shading, cornice lines, roof gardens, eaves overhangs, windows, openings and the like, and
(c) external finishes that seek to minimise the apparent visual impact of the buildings.
The objectives of this Division relating to environmental considerations (biodiversity, ecologically sustainable development, water conservation and solar energy use, waste management and air quality) are as follows:
(a) to minimise the impact of development on the flora, fauna and water qualities of Woolooware Bay and adjacent mangroves and wetlands by recognising the international importance of these areas,
(b) to ensure that development is carried out in a manner that reflects constraints associated with acid sulfate soils, flooding, drainage and the like,
(c) to reduce stormwater run-off by minimising the area of impervious surfaces,
(d) to ensure that stormwater discharge has a dispersed pattern of flow, avoiding newly created centralised or concreted discharge points into the wetland/riparian buffer,
(e) to ensure that stormwater discharge maintains an appropriate saline/freshwater interface within the wetland/riparian buffer,
(f) to maximise retention and absorption of surface drainage water on site,
(g) to minimise obstruction to the underground flow of water,
(h) to achieve effective environmental performance of development generally,
(i) to reduce the consumption of energy used in the habitation of multi-unit housing by ensuring that solar design principles are followed in the development,
(j) to minimise the use of reticulated water on site through water conservation practices including the collection and reuse of rainwater in gardens, toilets, laundries and car washing areas,
(k) to contribute to water and stormwater efficiency by integrating landscape design with water and stormwater management.
Before granting consent to the carrying out of development on the site, the consent authority must be satisfied that the development provides for:
(a) adequate remediation measures to be carried out before the development is commenced if any part of the site is identified as being contaminated, and
(b) water and stormwater efficiency by integrating landscape design with water and stormwater management, and
(c) building design that incorporates passive solar design techniques to optimise heat storage in winter and heat transfer in summer, and
(d) the emission of gases from the development site that are below the units specified in the National Environment Protection (Ambient Air Quality) Measure, as varied up to May 2003, published by the National Environment Protection Council, and
(e) stormwater that is removed from the development to be disposed of through suitable detention areas designed to reduce rubbish in, and suspended solids and nutrients from, the water before its further disposal and the requirements of the Lower Georges River Stormwater Management Plan 1999 are satisfied, and
(f) stormwater run-off from the development to be discharged to a Council drainage system approved by the Council for the purpose and with no adverse impact on the water quality of any receiving stormwater infrastructure, watercourse, stream, lagoon, lake, waterway or the like, and
(g) implementation of an acid sulfate soils management plan that has been prepared in accordance with the Acid Sulfate Soils Assessment and Management Guidelines, and
(h) implementation of an environmental management plan that has been prepared to provide for the long term health and management of the foreshore vegetation and that will adequately address the potential mosquito issue for future residents without degrading the sensitive aquatic reserve ecosystem.
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