Sutherland Shire Local Environmental Plan 2006 (Amendment No 4) (2009-10) Gazette No 8 of 9 January 2009, page 165 (NSW)

Case
No judgment structure available for this case.

2009 No 10

New South Wales

Sutherland Shire Local Environmental

Plan 2006 (Amendment No 4)

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. (P07/00379/PC)

KRISTINA KENEALLY, M.P.,

Minister for Planning

Published in Gazette No 8 of 9 January 2009, page 165

Page 1

2009 No 10

Clause 1

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Sutherland Shire Local Environmental Plan 2006

(Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Sutherland Shire Local Environmental Plan 2006

(Amendment No 4).

2      Aims of plan

The aims of this plan are to amend Sutherland Shire Local

Environmental Plan 2006 (the Principal plan) as follows:

(a)

to add high technology medical industry involving biological, pharmaceutical, medical or paramedical systems, goods or components to the list of development permissible with consent in Zone 4—Local Housing (but only on land identified on the map) to enhance and facilitate the creation of a medical cluster around the Sutherland Hospital,

(b)

to add a number of objectives to be achieved by development in Zone 7—Mixed Use—Kirrawee, relating to sustainability, integration and compatibility with existing development, and to amend the objective encouraging industrial uses to specify only light industries,

(c)

to amend the range of permissible uses in Zone 7—Mixed Use— Kirrawee to reflect the changed objectives,

(d)

to remove the extended family unit as a permissible use under the plan as such a use is included in the dual occupancy permissible use,

(e)

to amend the exempt or complying development provisions to achieve greater consistency with the Standard Instrument— Principal Local Environmental Plan, including amending various land requirements and other standards so that they apply only to the relevant types of development,

(f)

to make minor changes to the descriptions of specified development on specified land that are exceptions to the Zoning Table,

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Clause 3

(g)

to extend the responsibility of developers for restoration of waterfront land to also include any adjoining land that is occupied under a lease or licence,

(h)

to clarify that the height of a building is to be measured vertically,

(i)      to amend the building density provisions to allow residential flat buildings at the density (floor space ratio) specified on the Height and Density Controls Map,

(j)

to amend the minimum landscaped area requirements for development in certain zones and for certain types of residential and industrial (employment) development to ensure an appropriate landscaped area and the viability of development,

(k)

to provide a savings clause for development for the purpose of dwelling houses on small lots approved by the Council, but not registered, before the commencement of the Principal plan,

(l)

to amend various development standards for certain development that is listed in Schedule 2 to the Principal plan as exempt development and in Schedule 3 to the Principal plan as complying development and to add a number of conditions that are to apply to the carrying out of complying development,

(m)

to amend various descriptions of heritage items listed in Schedule 6 to the Principal plan and to make an amendment to the Heritage Map in the Principal plan, as shown on the map marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)—Heritage Items”,

(n)

to amend the interpretation provisions,

(o)

to rezone part of the land to which this plan applies, being:

(i)

Lot 101, DP 1112692, 40 Rosebery Street, Heathcote, from Zone 12—Special Uses to Zone 3—Environmental Housing (Bushland) under the Principal plan, and

(ii)

Lot 112, DP 1123035, Shiprock Road, Lilli Pilli from Zone 1—Environmental Housing (Environmentally Sensitive Land) to Zone 13—Public Open Space under the Principal plan, and

(iii)

the lane from Belmont Street, Sutherland, between 686 Old Princes Highway and 31 Belmont Street, from Zone 23—Road to Zone 8—Urban Centre under the Principal plan.

3      Land to which plan applies

(1)

In respect of the aims referred to in clause 2 (a)–(l) and (n), this plan applies to the land to which Sutherland Shire Local Environmental Plan 2006 applies.

2009 No 10

Clause 4

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

(2)

In respect of the aim referred to in clause 2 (m), this plan applies to land that comprises, or on which there is, a heritage item, as shown on the map marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)—Heritage Items” deposited in the office of Sutherland Shire Council.

(3)

In respect of the aim referred to in clause 2 (o), this plan applies to Lot 101, DP 1112692, 40 Rosebery Street, Heathcote, Lot 112, DP 1123035, Shiprock Road, Lilli Pilli and the lane from Belmont Street, Sutherland, between 686 Old Princes Highway and 31 Belmont Street, Sutherland.

4 Amendment of Sutherland Shire Local Environmental Plan 2006

Sutherland Shire Local Environmental Plan 2006 is amended as set out in Schedule 1.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]      Clause 11 Zoning Table

Omit “extended family units,” from item 3 (Development allowed only with consent) of the matter relating to Zone 1—Environmental Housing (Environmentally Sensitive Land), Zone 2—Environmental Housing (Scenic Quality), Zone 3—Environmental Housing (Bushland), Zone 4—Local Housing and Zone 5—Multiple Dwelling A in the Table to clause 11.

[2]      Clause 11, Table

Insert “high technology medical industries (but only on land identified on the map for such a purpose),” in alphabetical order in item 3 (Development allowed only with consent) of the matter relating to Zone 4—Local Housing.

[3]      Clause 11, Table

Omit “encourage industrial uses” from objective (e) in item 1 (Objectives of zone) of the matter relating to Zone 7—Mixed Use—Kirrawee.

Insert instead “permit light industrial uses”.

[4]      Clause 11, Table

Insert after objective (j) in item 1 (Objectives of zone) of the matter relating to

Zone 7—Mixed Use—Kirrawee:

(k)

to ensure any expansion of retail activity within the zone maintains the role and function of Kirrawee Town Centre and does not adversely impact on the sustainability of other centres in the Sutherland Shire,

(l)

to ensure any new shops integrate with and support the existing Kirrawee Town Centre,

(m)

to ensure development is compatible with, and does not adversely impact on, the amenity of the surrounding residential area, particularly in terms of air pollutants, noise emissions and visual effects.

[5]      Clause 11, Table

Omit “convenience stores,” from item 3 (Development allowed only with consent) of the matter relating to Zone 7—Mixed Use—Kirrawee.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

[6]      Clause 11, Table

Insert “light industries,” and “vehicle and mechanical repair premises,” in alphabetical order in item 3 (Development allowed only with consent) of the matter relating to Zone 7—Mixed Use—Kirrawee.

[7]      Clauses 12 and 13

Omit the clauses. Insert instead:

12

Exempt development

Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)

must be of minimal environmental impact, and

(b)

cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and

(c)

cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

(1)

The objective of this clause is to identify development of minimal

environmental impact as exempt development.

(2)

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

(3) Without limiting subclause (2), a standard specified in Schedule 2 may specify that development must not be carried out on land specified in relation to that development, or may be carried out on such land only if the development complies with the specified standards.

Note. The land that may be specified in relation to development includes acid sulfate soils land, bush fire interface property, bush fire prone land, contaminated risk land, flood liable risk land, foreshore land and heritage item land. These terms are defined in the Dictionary.

(4)

To be exempt development, the development:

(a)

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

(b)

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

(c)

must not be designated development, and

(d)

must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

under the Heritage Act 1977 or that is subject to an interim

heritage order under the Heritage Act 1977.

(5)

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

(a)

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

(b)

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

Note. Exempt development must be carried out on land in a zone in relation to which clause 11 provides that exempt development may be carried out.

13      Complying development

Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.

The section states that development cannot be complying development

if:

(a)

it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)

it is on land within a wilderness area (identified under the Wilderness Act 1987), or

(c)

the development is designated development, or

(d)

the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or

(e)

the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or

(f)

the development is on land identified as an environmentally sensitive area.

(1)

The objective of this clause is to identify development as

complying development.

(2)

Development specified in Parts 1 and 2 of Schedule 3 that is

carried out in compliance with:

(a)

the development standards and other requirements specified in relation to that development, and

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

(b)

the requirements of this Part,

is complying development.

(3) Without limiting subclause (2), a standard specified in Schedule 3 may specify that development must not be carried out on land specified in relation to that development, or may be carried out on such land only if the development complies with the specified standards.

Note. The land that may be specified in relation to development includes acid sulfate soils land, bush fire interface property, bush fire prone land, contaminated risk land, flood liable risk land, foreshore land and heritage item land. These terms are defined in the Dictionary.

(4)

To be complying development, the development must:

(a)

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

(b)

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

(c)

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

(5)

To be complying development, the development specified in Part 1 of Schedule 3 must be carried out on land in any of the following zones:

(a)

Zone 1—Environmental Housing (Environmentally

Sensitive Land),

(b)

Zone 2—Environmental Housing (Scenic Quality),

(c)

Zone 3—Environmental Housing (Bushland),

(d)

Zone 4—Local Housing,

(e)

Zone 12—Special Uses,

(f)

Zone 13—Public Open Space (if it is land held by a public authority),

(g)

Zone 15—Private Recreation.

(6)

To be complying development, the development specified in Part 2 of Schedule 3 must be carried out on land in any of the following zones:

(a)

Zone 5—Multiple Dwelling A,

(b)

Zone 6—Multiple Dwelling B,

(c)

Zone 8—Urban Centre,

(d)

Zone 9—Local Centre,

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

(e)

Zone 10—Neighbourhood Centre,

(f)

Zone 11—Employment,

(g)

Zone 21—Railway.

(7)

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

Note. Complying development must not contravene any existing development consent applying to the land.

13A

Environmentally sensitive areas excluded

(1)

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

(2)

For the purposes of this clause:

environmentally sensitive area for exempt or complying

development means any of the following:

(a)

the coastal waters of the State,

(b)

a coastal lake,

(c)

land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,

(d)

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

(e)

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

(f)

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

(g)

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

(h)

land reserved as a state conservation area under the National Parks and Wildlife Act 1974,

(i)      land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

(j)

land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

13B

Standards for exempt and complying development

Without limiting the standards which must be met under clause 12 (2) or 13 (2), the requirements of a standard set out as follows applies to development if the standard is specified in relation to that development in Schedules 2 or 3:

(a)

access standard—the development must not restrict any vehicular or pedestrian access to or from the site,

(b)

car spaces standard—the development must not reduce the number of car spaces on the site of the development,

(c)

excavation standard—the depth of any excavation must not be more than 600 millimetres below the existing ground level, unless otherwise permitted under Schedule 2 or Schedule 3,

(d)

floor space standard—the development must not result in a greater gross floor area or floor space ratio than is provided for in clause 35,

(e)

installation standard—all installation relating to the development must meet the specifications of the manufacturer,

(f)

landscaped area standard—the development must not result in a lesser landscaped area than is provided for in clause 36,

(g)

sewer mains standard—the development must not be located within 1 metre of an easement or within the zone of influence of a sewer main, unless the development complies with any standards set by the public authority having the benefit of the easement or occupation,

(h)

storm water standard—the development must not result in the redirection of surface storm water or run-off onto adjoining land, and storm water from the development must be discharged:

(i)

by gravity feed to a road gutter, or

(ii)

to an existing drainage structure within a lawful easement, or

(iii)

to an on-site drainage management system,

(i)      tree removal and pruning standard—the development must not result in the removal, pruning, lopping or damage of

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

trees which would require the consent or permission of the Council under this plan, unless that permit or consent has been obtained.

[8]      Clause 14 Exceptions to Zoning Table—specified development on specified land

Omit the matter relating to 50 Pacific Crescent, Maianbar, 220–234 The Boulevarde, 1–3 Kiora Road and 1–5 Kumbardang Avenue, Miranda and 34 Shell Road, Burraneer, comprising permissive occupancy 1966/196 under the Crown Lands (Continued Tenures) Act 1989 from the Table to clause 14 (1).

Insert instead in Columns 1, 2 and 3 respectively:

50 Pacific Crescent,

General store and

Maianbar

residential flat building

with no more than

3 dwellings

1–3 Kiora Road, Miranda

Motor showroom with an

The development must not

area set aside exclusively

involve the provision of

for customer parking

pedestrian or vehicular

access to or from

Kumbardang Avenue.

There are to be

deceleration lanes to all

entry points from The

Boulevarde.

34 Shell Road, Burraneer,

Recreation facility, being a

comprising permissive

sailing club

occupancy 1966/196 under

the Crown Lands

(Continued Tenures) Act

1989

[9]      Clause 14 (7)

Insert after clause 14 (6):

(7)

Townhouse development—2 Corea Street, Sylvania

Despite clause 11, development for the purpose of townhouses may be carried out with consent on land at 2 Corea Street, Sylvania, being Lots 1 and 2, DP 872780, if:

(a)

each townhouse has open space for the exclusive use of the occupants of the dwelling (whether or not the open space is at finished ground level), and

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

(b)

the consent relates to development application DA08/0915.

[10]      Clause 18 Development in or adjacent to waterways

Insert “or on adjacent land that person occupies under a lease or a licence,” after “development,” wherever occurring in clause 18 (3) (a) (i) and (b) (i).

[11]      Clause 24 Environmental risk—nuclear research reactor at Lucas Heights Science and Technology Centre

Omit clause 24 (1). Insert instead:

(1) This clause applies to land shown on the map marked “Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)—Clause 24—Environmental Risk—Nuclear research reactor at Lucas Heights Science and Technology Centre” as being within a 1.6 kilometre radius of the nuclear research reactor at Lucas Heights Science and Technology Centre.

[12]      Clauses 33 and 34

Insert “vertically” after “measured” wherever occurring.

[13]      Clause 35 Building density

Omit “, dwelling house or extended family unit” from clause 35 (8) (a).

Insert instead “or dwelling house”.

[14]      Clause 35 (9) (b) (ii)

Insert at the end of the subparagraph:

or

(iii)      if a floor space ratio is specified on the Height and Density Controls Map in relation to the site concerned—the floor space ratio specified on that map,

[15]      Clause 35 (12) (b)

Omit “1.1”. Insert instead “1:1”.

[16]      Clause 36 Landscaped Area

Omit clause 36 (1) (e).

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

[17]      Clause 36 (2) (c)

Insert after clause 36 (2) (b):

(c)

40 square metres of the area of any lot on which there is, or is intended to be as part of the proposed development, a swimming pool that is ancillary to a dwelling house.

[18]      Clause 36 (5)–(9)

Omit the subclauses. Insert instead:

(5)

The minimum landscaped area of the site of any development is the following percentage of the area of the site specified below for that development:

(a)

development for the purpose a building (other than a villa house or townhouse) on any land in Zone 4—Local Housing or Zone 5—Multiple Dwelling A—45 per cent,

(b)

development for the purpose of a townhouse on any land in Zone 4—Local Housing—40 per cent,

(c)

development for the purpose of a villa house on any land in Zone 4—Local Housing—30 per cent,

(d)

development for the purpose of a townhouse on any land in Zone 5—Multiple Dwelling A—35 per cent,

(e)

development for the purpose of a villa house on any land in Zone 5—Multiple Dwelling A or Zone 6—Multiple Dwelling B—20 per cent,

(f)

development for the purpose of a building (other than a villa house, townhouse or residential flat building) on any land in Zone 6—Multiple Dwelling B—60 per cent,

(g)

development for the purpose of a townhouse on any land in Zone 6—Multiple Dwelling B—35 per cent,

(h)

development for the purpose of a residential flat building on any land in Zone 6—Multiple Dwelling B—40 per cent,

(i)

development for the purpose of a building on any land in Zone 11—Employment—10 per cent.

(6)

The minimum landscaped area of a site for development for the purposes of a combined villa and townhouse development is determined by applying, on a pro rata basis, the minimum percentage set out in subclause (5) for each type of dwelling in the relevant zone.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

[19]      Clause 39 Minimum size of lot for dwelling houses

Insert after clause 39 (2):

(3)

Despite subclause (1), this clause does not apply to the erection of a dwelling house on a lot of land if development consent for the subdivision of land to create that lot was granted before the date of commencement of this plan.

[20]      Clause 40

Omit the clause. Insert instead:

40

Dual occupancies—internal lots and lot sizes

(1)

This clause applies to land in Zone 1—Environmental Housing (Environmentally Sensitive Land), Zone 2—Environmental Housing (Scenic Quality), Zone 3—Environmental Housing (Bushland), Zone 4—Local Housing or Zone 5—Multiple Dwelling A.

(2)

Despite any other provision of this plan, the following are

prohibited on land to which this clause applies:

(a)

the subdivision of land for the purpose of a dual occupancy, whether attached or detached, if the lot on which the dual occupancy is proposed is an internal lot,

(b)

the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy, if any of the resulting lots would be an internal lot,

(c)

the erection of a dual occupancy, or the erection of a second dwelling, whether attached or detached, to create a dual occupancy on an internal lot, other than if one of the dwellings comprising the dual occupancy has a gross floor area not exceeding 65 square metres.

(3)

Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if the land is in Zone 1— Environmental Housing (Environmentally Sensitive Land) or Zone 2—(Environmental Housing (Scenic Quality).

(4)

Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if the lot to be subdivided has an area less than 800 square metres or a minimum width less than 18 metres and is located within one of the following:

(a)

Zone 3—Environmental Housing (Bushland),

(b)

Zone 4—Local Housing,

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

(c)

Zone 5—Multiple Dwelling A.

(5)

Subclause (4) does not apply to a subdivision to create a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

(6)

Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if one of the dwellings has a gross floor area that does not exceed 65 square metres.

(7)

Despite any other provision of this plan, the erection of a dual occupancy or the erection of a second dwelling to create a dual occupancy is prohibited on a lot that is less than 600 square metres.

Note. The term dual occupancy is defined in the Dictionary to mean 2 dwellings (whether attached or detached) on 1 lot of land. If that lot is subdivided, the dwellings cease to be a dual occupancy.

[21]      Clause 43 Extended family units—maximum floor space

Omit the clause.

[22]      Clause 57 Removal of certain vegetation permissible without consent

Omit the matters relating to “Conifer”, “Large leaf privet”, “Small leaf privet” and “Golden robinia” from the Table to the clause under the heading “Trees”.

[23]      Clause 57, Table

Insert in alphabetical order under the heading “Trees” in the columns headed

Botanical name” and “Common name”, respectively:

Acacia podalyriifolia

Queensland Silver Wattle

Arundinaria spp

Clumping Bamboo

Citrus spp

Cumquat, Grape Fruit, Lemon, Lime,

Mandarin, Orange (edible species)

Chamaecyparis pisifera spp

Conifer

Cupressus arizonica

Arizona Cypress

Cupressus macrocarpa var brunniana

Brunnings Golden Cypress

Cupressus sempervirens

Pencil Pine or Italian Cypress

X Cuprocyparis leylandii

Eriobotrya japonica

Loquat

Hakea salicifolia

Willow Leaved Hakea

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Morus nigra

Black Mulberry

Olea europaea subsp cuspidata

African Olive

Phoenix canariensis

Canary Island Date Palm

Phyllostachys aurea

Fishpole Bamboo

Phyllostachys nigra

Black Bamboo

Pinus radiata

Radiata Pine or Monterey Pine

Prunus spp

Apricot, Cherry, Nectarine, Peach, Plum

Pomme spp

Apple, Crab Apple, Nashi Fruit, Pear,

Quince (edible species)

Robinia pseudoacacia

Black Locust

Syagrus romanzoffiana

Cocos Palm

[24]      Clause 57, Table

Omit the matter relating to “Cotoneaster spp” from under the heading

Weeds”.

Insert instead under the columns headed “Botanical name” and “Common name”, respectively:

Cotoneaster franchetii

Grey Leaf or Franchet Cotoneaster

Cotoneaster glaucophyllus

Large Leaf Cotoneaster

Cotoneaster lacteus

Milkflower Cotoneaster

Cotoneaster pannosus

Silver Leaf Cotoneaster

[25]      Clause 57, Table

Insert in alphabetical order under the heading “Noxious Weeds” in the columns headed “Botanical name” and “Common name”, respectively:

Acacia nilotica

Prickly Acacia

Cylindropuntia spp

Tree Cholla

Mimosa pigra

Mimosa

Salix alba

White Willow

Salix discolor

Pussy Willow

Salix humboldtii

Humboldt Willow

Salix matsudana “Tortuosa”

Corkscrew Willow

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Tamarix aphylla

Athel Tree

[26]      Clause 58

Insert after clause 57:

58

Savings and transitional provision

A development application made, but not finally determined, before the commencement of Sutherland Shire Local Environmental Plan 2006 (Amendment No 4) is to be determined as if the plan had been exhibited but had not been made.

[27]      Schedule 2 Exempt Development

Omit the Schedule. Insert instead:

Schedule 2 Exempt Development

(Clause 12)

Note. Clauses 12, 13A and 13B contain further requirements for exempt development.

Column 1

Column 2

Type of development

Development standards

Access ramps for the disabled

Height must not exceed 1m above ground

level.

Must not have a grade greater than 1:14.

Must be set back at least 1.5m from

boundaries of the relevant land.

Must not be carried out on bush fire prone

land, except if constructed of

non-combustible materials.

Must not be carried out on contaminated

risk land, foreshore land or heritage item

land.

Must meet the standards for access, car

spaces, excavation, landscaped area,

sewer mains, storm water and tree

removal and pruning.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Advertisements and advertising

Must not flash or be displayed on, or

structures

erected above, the parapet or eaves of a

General standards

building.

Must not cover mechanical ventilation

inlets or outlets.

Structures erected on or above any part of

a public road not used for the driving or

riding of motor vehicles (such as any

footpath) must be set back at least 600mm

from the edge of the part of the road that

is used for the driving or riding of motor

vehicles.

Must not be carried out on bush fire prone

land, except if constructed of

non-combustible materials.

Must not be carried out on contaminated

risk land, foreshore land or heritage item

land.

Must meet the standards for access, car

spaces, excavation, landscaped area,

sewer mains, storm water and tree

removal and pruning.

A-frame advertising boards and

Must meet the standards required under

structures

Sutherland Shire Council Environmental

Applies to boards or structures

Specification—Advertising.

advertising goods, located outside a shop or business premises on land in Zone 8— Urban Centre, Zone 9—Local Centre and Zone 10—Neighbourhood Centre.

Advertisements on bus shelters and seats

Must meet the standards required under Sutherland Shire Council Environmental Specification—Advertising.

Advertisements on industrial premises

Must be no more than 1 advertisement

installed on the premises and it must

relate to the use of the premises.

However, where a site comprises a

multiple use occupancy premises, a

single freestanding directory board may

be erected.

Must not exceed 5m2 in area.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

above ground level or project above the

parapet of the building or the eaves line if

the building has a pitched roof, whichever

is the lesser.

Must be fixed flush to the front elevation

of a building on the premises except

where the advertisement is a freestanding

directory board for a multiple occupancy

premises.

Must not be located more than 4.5m result in the removal of landscaping.

Advertisements on roll down blinds and

Advertisement must not cover more than

awnings

20% of the area of the blind or awning.

Applies to roll down blinds and awnings

Advertisement must relate to the use of

attached to premises on land in Zone 8—

premises on which it is installed.

Urban Centre, Zone 9—Local Centre and

Zone 10—Neighbourhood Centre.

Awning fascia advertisements

Must relate to the use of the premises to

which the advertisement is attached.

Banners and flags advertising special

Must be constructed of light weight,

events

banner-type material.

Applies to banners and flags displayed on

Must not be installed more than 21 days

the land on which the special event is to

before, and must be removed no later than

be held.

2 days after, the special event.

Banners and flags used for promotional

Banner or flag used for promotional

purposes

purposes (whether the same or a different

Applies to banners and flags used for

banner or flag) must not be displayed on

promotional purposes, other than those

the land concerned:

relating to special events.

(a)

for more than 14 consecutive days, or

(b) on more than 4 occasions, or

(c)

for a total of more than 28 days,

in any 12-month period. after the relevant promotion finishes.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Business identification signs and building

Must have an area not greater than the

identification signs

following:

(a)

in the case of a business

identification sign that relates to a

home occupation—0.5m2,

(b)

in any other case—2.5m2.

If located over a public road, must be located 2.6m or more above the road. Must not protrude more than 300mm from the wall of any building on which

the sign is installed. home occupations must be affixed:

Must be no more than 1 business

identification sign relating to any home

occupation carried out in the dwelling or

ancillary building concerned.

(a)

to the building concerned, and

(b)

no higher than 3m above ground or pavement level and below the eaves line of the building.

Community advertisements and notices

In the case of a community advertisement or notice intended to be temporary (other than a beach, motor vehicle or boat

advertisement or notice):

(a)

must not be installed on the land concerned for more than 21 consecutive days, or for a total of more than 28 days, in any 12-month period, and

(b)

must not exceed 2.5m2 in area, and

(c)

sponsorship details must take up advertisement or notice.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

In the case of a community advertisement or notice intended to be permanent (other than a beach, motor vehicle or boat

advertisement or notice):

(a)

must not exceed 3.5m in height from ground level and 5m2 in area, and

(b)

sponsorship details must take up advertisement or notice, and

(c)

if the advertisement or notice relates to a building, it must be attached to the building.

In the case of a beach advertisement or

notice:

(a)

entrances to beaches fronting Bate

must be displayed only at and

(b)

sponsorship details must take up advertisement or notice.

In the case of a motor vehicle or boat advertisement or notice, the vehicle or boat must principally be used for the

conveyance of goods or passengers.

Inflatable structures used for promotional

Inflatable structure (whether advertising

purposes

the same or a different promotion) must

Applies to inflatable structures displayed

not be displayed on the land concerned:

on the land on which the promotion is to

(a)

for more than 14 consecutive

be held.

days, or

(b) on more than 4 occasions, or

(c)

for a total of more than 28 days,

in any 12-month period. after the relevant promotion finishes.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Real estate advertisements

Must be displayed on the premises to

Applies to advertising that the premises

which it relates.

are for sale or lease.

Must be no more than 1 real estate

advertisement displayed on the premises.

Must not exceed 2.5m2 in area.

Must be removed no later than 14 days

after the completion of the sale or the

granting of the lease to which the

advertisement relates.

Suspended under awning advertisements

Must be no more than 1 suspended under awning advertisement for each premises to which the advertisement relates.

Must not exceed 1.5m2 in area. located 2.6m or more above the road. Must relate to the use of premises on which the advertisement is installed.

Under awning shop front advertising on

Must relate to the use of the building.

building facades

Must be located below the awning level.

Aerials and satellite dishes

In the case of an aerial:

(a)

height must not exceed 3m above the roof ridge, and

(b)

must not have a surface area that is visible from outside the premises

to which the aerial relates of

greater than 0.3m2, and

(c)

no more than 1 per residential building.

In the case of a satellite dish:

(a)

must not be higher than the roof ridge, and

(b)

diameter of the dish must not exceed 750mm, and

(c)

must not be installed forward of the building line or on roof areas visible from any public road, and

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

(d)

must not be visible from any public place, including roads, public open space, public

recreation areas and waterways,

and

(e)

structure must be finished in a

non-reflective colour that blends

the dish and any supporting environment, and

(f)

no more than 1 per residential building.

Must not be carried out on foreshore land and tree removal and pruning.

or heritage item land.

Air conditioning units

External air conditioning unit:

(a)

must be set back at least 500mm from any side or rear boundary, and

(b)

if ground mounted, must not be setback, and

(c)

must not be attached to the street front elevation of any building facing the street, and

(d)

second storey on residential

buildings unless located on a

balcony where the unit is not

must not be attached above the and

(e)

must not be mounted on the roof of premises that are not industrial premises.

Must not include a cooling tower as part must be adequately weatherproofed.

of the air conditioning system.

Installation must not reduce the structural

integrity of the building.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Must be designed so as not to:

(a)

emit noise exceeding an LAeq of 5 dB(A) above background noise level when measured at the

property boundary, or

(b)

be audible in any residential room on adjoining property, or

(c)

emit any tonal, impulsive or intermittent sounds.

Must not be carried out on foreshore land. Must not be carried out on heritage item land, except if the fabric of the building is maintained and the air conditioning unit is not visible from a public place.

Must meet the standards for sewer mains and tree removal and pruning.

Awnings, canopies, security blinds,

Must not be installed above the second

storm blinds and shutters

storey of any building.

Applies to retractable structures only.

Security blind or shutter must not be

installed on the street front elevation of

any buildings that are business premises

or on shopfront awnings.

Must not be carried out on bush fire prone

land, except if constructed of

non-combustible materials.

Must not be carried out on foreshore land.

Must not be carried out on heritage item

land, except if the fabric of the building is

maintained.

Must meet the standards for tree removal

and pruning.

Barbecues

Height must not exceed 2.7m above

ground level.

Must be set back from the front boundary

of the relevant land behind:

(a)

the building line of the relevant land, and

(b)

the alignment of any dwelling on any adjoining land.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Must be set back at least 500mm from side and rear boundaries of the relevant land, but may be installed closer to a side

or rear boundary if a heat shield is incorporated in the barbecue or the barbecue adjoins a non-combustible fence.

spread of fire from the barbecue to any

other structure is minimised.

Must be located so that the barbecue does

not cause a nuisance while being used.

Must not be carried out on bush fire prone

land, except if constructed of

non-combustible materials.

Must not be carried out on contaminated

risk land or foreshore land.

Must not be carried out on heritage item

land, except if the fabric of the building is

maintained and the barbecue is not visible

from a public place.

Must be located so that the risk of the sewer mains, storm water and tree removal and pruning.

Bird aviaries and pet animal shelters

Must not occupy an area greater than

10m2.

Height must not exceed 2.7m above

ground level.

Must be located in the rear or side yards.

Must be set back at least 500mm from all

boundaries of the relevant land.

Must be no more than 1 bird aviary per

property.

Must be no more than 20 fowls and no

more than 5 of any other poultry.

Must not be located within 4.5m of a

dwelling, public hall or school, or

premises used for the manufacture,

preparation, sale or storage of food.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Must not be carried out on acid sulfate soils land if part of a development that requires development consent under

Must not be carried out on contaminated

risk land or foreshore land.

Must not be carried out on bush fire prone

land, except if constructed of

non-combustible materials.

clause 23. land, except if the fabric of the building is maintained and the aviary or animal shelter is not visible from a public place. Must meet the standards for excavation, sewer mains, storm water and tree removal and pruning.

Note. Standards for the keeping of poultry are specified in Part 5 of Schedule 2 to the Local Government (General) Regulation 2005.

Building alterations (external)

Applies to external building alterations,

other than alterations:

(a)

to residential flat buildings, or

(b)

to the street frontage of buildings on land in Zone 8—Urban Centre, Zone 9—Local Centre, Zone 10— Neighbourhood Centre or

Zone 11—Employment, or

(c)

existing footprint or floorspace of

the building concerned, unless the

alterations comprise the

installation of bay windows that

that change or increase the beyond the building footprint, or

(d)

that involve the repositioning or ground level, or

(e)

that involve the enclosure of open areas or reduce the area of any windows or doorways.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

General standards

Alterations must be non-structural.

Alterations involving lead paint removal

must not cause lead contamination of the

air or ground water.

Must not be carried out on bush fire prone

land, except if constructed in accordance

with the NSW Rural Fire Service

guidelines titled Planning for Bush Fire

Protection ISBN 0 9751033 2 6, dated

December 2006.

Must not be carried out on foreshore land

or heritage item land.

Must meet the standards for tree removal

and pruning.

Glassed areas

Opaque or other obscuring glazing must

Applies to installation of glassed areas,

be replaced with similar opaque or

including windows and external doors

obscuring glazing so as not to impact on

with glass.

the privacy of neighbouring properties.

Recladding of roofs and walls

Existing materials must be replaced with similar materials that do not increase the reflectivity of the roof or wall.

Must not involve any change to roof shape or roof pitch or brick veneering.

Skylight roof windows and roof

Must not reduce the structural integrity of

ventilators, including solartube or similar

the building concerned.

installations

Any opening created by the installation

must be adequately weatherproofed.

Building alterations (internal)

Applies to internal building alterations,

other than alterations that:

(a)

increase the existing floor area of premises, or

(b)

change the footprint, external size or envelope of the building.

General standards

Must be non-structural.

Must not be carried out on foreshore land

or heritage item land.

Must meet the standards for car spaces.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Alterations to business and industrial

Must not compromise fire safety or affect

premises

accessibility to fire exits.

Applies to alterations, other than alterations to premises, or to any part of premises, that is used for the preparation or storage of food for sale to the public.

Alterations to residential buildings

Replacement of internal doors, walls,

Applies to alterations, other than

windows, ceiling or floor linings or

alterations:

deteriorated frame members must be

done with:

(a)

to the building, or to any part of

(a)

equivalent materials, or

the building, that is used for the

preparation or storage of food for

(b)

materials of improved quality.

sale to the public, or

Must not be carried out for the purpose of

(b)

for the installation of oil or solid

changing the use of rooms whether by

fuel heating appliances.

removal of existing walls or partitions or

by other means.

Must not involve enclosure of open areas

or reduce the area of any windows or

doorways.

Cabanas and gazebos

Total combined floor space of all cabanas

Applies to a cabana or gazebo that

and gazebos erected on the land

occupies an area not greater than 10m2.

concerned must not exceed 40m2.

Floor must be located at or near ground

level.

Height must not exceed 4m above ground

level.

Must be set back behind the following:

(a)

the building line of the relevant land,

(b)

the alignment of any dwelling on any adjoining land.

Must be set back from the side and rear boundaries of the relevant land:

(a)

Zone 1—Environmental Housing

(Environmentally Sensitive

Land), Zone 2—Environmental

Housing (Scenic Quality) or

at least 1.5m if the land is in (Bushland), or

(b)

at least 500mm in any other case.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Must not be carried out on acid sulfate soils land if part of a development that requires development consent under

clause 23.

Must not be carried out on bush fire

interface property or bush fire prone land,

except if constructed of non-combustible

materials.

Must not be carried out on contaminated

risk land, flood liable risk land, foreshore

land or heritage item land.

Must meet the standards for access, car

spaces, excavation, landscaped area,

sewer mains, storm water and tree

removal and pruning.

Change of use of premises

Hours of operation must be between 6 am

Applies to the following different uses of

and 9 pm on any day, except in the case of

premises:

light industry where the hours of

operation exclude Sundays and public

(a)

business premises, resulting from

holidays.

a change from one kind of

Must be no change to the area of any floor

business premises to another or a

space or to parking, landscaping or waste

change from a shop, a restaurant

facilities the subject of consent by the

or a food shop,

consent authority and in existence before

(b)

a shop, resulting from a change

the use is changed.

from one kind of shop to another

or a change from business

If the development is a light industry:

premises, a restaurant or a food

(a) the premises must have a gross

shop,

floor area of less than 500m2, and

(c)

a food shop, resulting from a

(b)

the changed use must not be as a

change from one kind of food shop

vehicle and mechanical repair

to another,

premises, and

(d)

a restaurant, resulting from a

(c)

the premises must have access to

change from one kind of

off-street loading facilities, and

restaurant to another,

(d)

the changed use must not require

(e)

a light industry, resulting from a

internal building alterations.

change from one kind of light

Changed use of premises must not:

industry to another,

(a)

involve handling, storing or using

(f)

a warehouse, resulting from a

hazardous chemicals or materials

change from one kind of

otherwise than on a domestic scale

warehouse to another.

(except on farms and at a distance

of more than 25m from any

habitable building), or

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

(b)

release any hazardous chemicals or materials or any pollutants into the environment.

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, traffic, parking or

otherwise.

Changed use must not cause interference or heritage item land.

Clothes hoists and lines

Must be installed at ground level.

Must be installed behind the building

concerned, or in the side or rear yard.

Must not be installed on balconies or

elevated decks.

Must meet the standards for tree removal

and pruning.

Cubby houses and playground

Total combined floor space of any cubby

equipment

house or playground equipment on the

Applies to a cubby house or to

land concerned must not exceed 40m2.

playground equipment that occupies an

Height must not exceed 4m above ground

area not greater than 10m2.

level.

Floor must be located at or near ground

level.

Must be set back behind the following:

(a)

the building line of the relevant land,

(b)

the alignment of any dwelling on any adjoining land.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Must be set back from the side and rear boundaries of the relevant land:

(a)

Zone 1—Environmental Housing

(Environmentally Sensitive

Land), Zone 2—Environmental

Housing (Scenic Quality) or

Zone 3—Environmental Housing

at least 1.5m if the land is in land, or

(b) at least 500mm in any other case. Must not be carried out on contaminated risk land, foreshore land or heritage item land.

Must meet the standards for access, car

spaces, excavation, installation,

landscaped area, sewer mains, storm

water and tree removal and pruning.

Decks and patios

Finished surface level must be no more

Applies to a deck or patio that occupies an

than 1m above ground level.

area not greater than 20m2.

Must be set back behind the following:

(a)

the building line of the relevant land,

(b)

the alignment of any dwelling on any adjoining property.

Must be set back at least 1.5m from side and rear boundaries of the relevant land in the following cases:

(a)

if the land is in Zone 1— Environmental Housing (Environmentally Sensitive

Land), Zone 2—Environmental

Housing (Scenic Quality) or

Zone 3—Environmental Housing

(Bushland),

(b)

a deck or patio that has a height of more than 500mm above ground level,

(c)

a deck to a swimming pool if the pool or the deck stands higher than 500mm above ground level,

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

(d)

the deck or patio is on bush fire prone land.

Must be set back at least 900mm from side and rear boundaries of the relevant land in all other cases.

Must be sufficiently stepped down from any associated dwelling so as to prevent the entry of water to the dwelling.

Must not be carried out on bush fire prone land, except if constructed in accordance with the NSW Rural Fire Service

Protection ISBN 0 9751033 2 6, dated

December 2006.

guidelines titled Planning for Bush Fire interface property, contaminated risk land, foreshore land or heritage item land. Must meet the standards for access, car spaces, excavation, floor area, landscaped area, sewer mains, storm water and tree removal and pruning.

Demolition

Must comply with the Australian

Applies to demolition of:

Standard AS 2601—2001, Demolition of

structures.

(a)

development that is exempt

Must not be carried out in connection

development, other than retaining

with the decontamination, rehabilitation

walls, and

or remediation of contaminated land

(b)

a structure where an order to

(within the meaning of Part 7A of the

demolish has been issued by the

Act).

Council under the Act.

Must not be carried out on acid sulfate soils land if part of a development that requires development consent under

Must not be carried out on contaminated

risk land, foreshore land or heritage item

land.

clause 23. and pruning.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Driveways and pathways

Must not be elevated or suspended above

Applies to driveways or pathways, other

ground level.

than driveways or pathways on any public

Driveway or access gradients must

land (within the meaning of the Local

comply with the access gradient specified

Government Act 1993) unless installed by

in the Australian and New Zealand

the Council on land vested in or under the

Standard AS/NZS 2890.1:2004, Parking

control of the Council.

facilities—Off-street car parking.

Must be graded and drained so that

drainage does not cause a nuisance to

users of adjoining land or footpaths.

Must be structurally sound and of stable

construction.

Must not be carried out on contaminated

risk land, flood liable risk land, foreshore

land or heritage item land.

Must meet the standards for access, car

spaces, excavation, landscaped area,

sewer mains, storm water, and tree

removal and pruning.

Note. The relevant roads authority (usually the Council) should be contacted about any requirements relating to connection of any driveway to the relevant road.

Fences and gates and gates, other than the following:

(a)

fences required by the Swimming Pools Act 1992,

(b)

fences on street frontages of land townhouses or villa houses,

(c)

fences for residential flat

buildings,

(d)

front fences erected on land at Alfords Point, Barden Ridge, Bangor, Bonnet Bay, Illawong,

Lucas Heights, Menai, Woronora

Heights or Sylvania Waters if

covenants applying to the land

restrict the erection of such fences,

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

(e)

dwellings and the waterway at

Sylvania Waters if covenants

fences erected between the rear of erection of such fences,

(f)

solid masonry side or rear fences over 1m high,

(g)

fences erected in conjunction with a retaining wall over 600mm high.

General standards

Must be constructed so as not to cause a

drainage nuisance.

Must not be carried out on bush fire

interface property, except if constructed

of non-combustible materials.

Must not be carried out on bush fire prone

land if constructed of brushwood.

Must not be carried out on contaminated risk land, foreshore land or heritage item land.

Must not be carried out on flood liable risk land, except if constructed of open form fencing.

Must meet the standards for access,

excavation, sewer mains, storm water,

and tree removal and pruning.

Front fences and gates

Height must not exceed:

Applies to front fences and gates and

(a)

in the case of an open form fence

fences between the building line and the

on industrial premises—2.5m

street or any other public place, other than

above ground level, or

fences or gates on commercial premises.

(b)

in any other case—1m above ground level.

Open form front fences erected on boundaries.

industrial premises must be set behind

any landscaping required by, or carried

out under, a development consent.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Side and rear fences and gates

Height must not exceed:

Applies to side fences behind the building

(a)

in the case of an open form fence

line and rear fences and gates.

on industrial premises—2.5m

above ground level, or

(b)

constructed of timber, metal or

in the case of a fence that is above ground level, or

(c)

in the case of an open form fence above ground level, or

(d)

in any other case—1m above ground level.

Filming

Must be on private land.

Applies to carrying out of a filming

Must not create significant interference

project within the meaning of the Local

with the neighbourhood.

Government Act 1993.

A filming management plan must be

prepared and lodged with Council at least

5 days before filming that:

(a)

specifies the name, address and phone number of the person or company filming (including a contact person), and

(b)

describes the nature of the proposed filming, and

(c)

specifies the dates, times, location and proposed daily duration of the proposed filming, and

(d)

specifies the number of persons filming while it is being carried out, and

(e)

specifies the types of cameras proposed to be used, and

(f)

gives details of any structures proposed to be installed, and

(g)

describes any proposed parking

arrangements, and

(h)

describes any anticipated

disruption to persons in the

neighbourhood, and

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

(i)

are required from any public

specifies what approvals, if any, been obtained, and

(j)

is accompanied by evidence of public liability insurance of an amount of not less than

$10 million.

Owners or occupiers of land within a 50m radius of proposed filming must be provided with the following, by letterbox drop, at least 5 days before filming:

(a)

the name, address and telephone number of the person or company carrying out the filming (including a contact person),

(b)

proposed filming and any

a description of the nature of the in the neighbourhood.

Flagpoles

Height must not exceed 6m above ground

level.

Must not project beyond property

boundaries.

Must be no more than 1 flagpole per

property.

Must not be used to display a flag that

exceeds 1m2 in area.

advertisements.

Must not be carried out on acid sulfate

soils land if part of a development that

requires development consent under

clause 23.

Must not be used to display flags that are and pruning.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Greenhouses, garden sheds and studios

Total combined floor space of any

Applies to a greenhouse, garden shed or

greenhouse, garden shed or studio on the

studio that occupies an area not greater

land concerned must not exceed 40m2.

than 10m2.

Height must not exceed 4m above ground

level.

Floor must be located at or near ground

level.

Must be set back behind the following:

(a)

the building line of the relevant land,

(b)

the alignment of any dwelling on any adjoining land.

Must be set back from the side and rear boundaries of the relevant land:

(a)

Zone 1—Environmental Housing

(Environmentally Sensitive

Land), Zone 2—Environmental

Housing (Scenic Quality) or

Zone 3—Environmental Housing

at least 1.5m if the land is in land, or

(b)

at least 500mm in any other case.

Must not be carried out on acid sulfate soils land if part of a development that requires development consent under

clause 23.

Must not be carried out on bush fire prone

land, except if constructed in accordance

with the NSW Rural Fire Service

guidelines titled Planning for Bush Fire

Protection ISBN 0 9751033 2 6, dated

December 2006.

Must not be carried out on bush fire

interface property, contaminated risk

land, flood liable risk land, foreshore land

or heritage item land.

Must meet the standards for access, car

spaces, excavation, installation,

landscaped area, sewer mains, storm

water and tree removal and pruning.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Home occupations

Sound producing machinery, equipment or fittings associated with or forming part of a mechanical ventilation system or

refrigeration system that is used in

carrying out the home occupation must be

designed so as not to:

(a)

emit noise exceeding LAeq of 5 dB(A) above the background level in any octave band from 63

Hz centre frequencies inclusive, as

measured at the property

boundary in accordance with the

Australian Standard AS 1055.1—

1997, Acoustics—Description and

measurement of environmental

noise—General procedures, or

(b)

emit any tonal, impulsive or intermittent sounds, or

(c)

be audible in any residential room on adjoining property.

Must be carried out between 8 am and 6

pm, Monday to Saturday only.

Must meet the standards for car spaces.

Must not:

(a)

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 25m from any

habitable building), or

(b)

release any hazardous chemicals or materials or any pollutants into the environment.

Horse stabling

Horses must not be kept on a wetland. Must be no more than 1 horse per lot. Must not be kept, and any part of any stable, corral, exercise yard or the like must not be located, closer than 9m from:

(a)

any dwelling, school, shop, office, factory, workshop, church, public hall, or

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

(b)

any premises used for the storage of food.

Each horse must be provided with a yard

having an area of at least 30m2 and a

width of at least 3m. and pruning.

Bushland within horse yards (paddocks)

must be fenced off to protect the

vegetation from damage.

Horse yards or paddocks that contain, or

are adjacent to, drainage lines, or are

adjacent to bushland, must have a 300mm

fenced off buffer from the drainage line

or bushland.

Horse stabling must 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, traffic,

parking or otherwise.

Must not be carried out on foreshore land

or heritage item land.

Letterboxes

Must not be installed at a height greater

than 1.2m above ground level.

Must not be carried out on foreshore land.

Must not be carried out on heritage item

land, except if the fabric of the building is

maintained.

Must meet the standards for car spaces,

excavation, installation, landscaped area,

sewer mains, storm water and tree

removal and pruning.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Outdoor eating areas

Must meet the standards required under

Applies to outdoor eating areas if the

Sutherland Shire Council Environmental

development is in conjunction with a

Specification—Outdoor Eating Areas.

restaurant.

Must not be carried out on foreshore land

Applies to outdoor eating areas on public

or heritage item land.

land within the meaning of the Local

Must meet the standards for access, car

Government Act 1993 only if undertaken

spaces, excavation, floor area, landscaped

in accordance with a licence from the

area, sewer mains, storm water and tree

Council.

removal and pruning.

Pergolas, awnings, shade structures

Must be installed at ground floor level or

and sunshades

over an existing first floor deck.

Applies to the installation of a pergola,

Height must not exceed 2.7m above:

fixed awning, shade structure or sunshade

(a)

ground level, if proposed to be

that does not exceed 20m2, other than:

erected at ground floor level, or

(a)

a shop front awning, or

(b)

the deck, if proposed to be erected

(b)

an installation on premises in

over an existing first floor deck.

Zone 12—Special Uses.

Must be set back behind the following:

(a)

the building line of the relevant land,

(b)

the alignment of any dwelling on any adjoining land.

Must be set back from the side and rear boundaries of the relevant land:

(a)

Zone 1—Environmental Housing

(Environmentally Sensitive

Land), Zone 2—Environmental

Housing (Scenic Quality) or

Zone 3—Environmental Housing

at least 1.5m if the land is in land, or

(b) at least 500mm in any other case.

land, except if constructed of

non-combustible materials.

Must not be carried out on bush fire prone risk land, flood liable risk land, foreshore land or heritage item land.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Must meet the standards for access, car spaces, excavation, floor area, landscaped area, sewer mains, storm water and tree removal and pruning.

Rainwater tanks

Must be designed to capture and store

Applies to the installation of rainwater

roof water from gutters or down pipes on

tanks, other than on a lot within the

a building only.

meaning of the Strata Schemes (Freehold

Drainage connections must comply with

Development) Act 1973 or the Strata

the Australian and New Zealand Standard

Schemes (Leasehold Development) Act

AS/NZS 3500.1:2003, Plumbing and

1986.

drainage—Water services.

Overflows must be connected to an

approved storm water system.

Height must not exceed 3m above ground

level (including any stand).

Must be set back behind the following:

(a)

the building line of the relevant land,

(b)

the alignment of any dwelling on any adjoining land.

Must be set back at least 450mm from side and rear boundaries of the relevant land.

Capacity must not exceed 15,000L. Must be installed and maintained in accordance with any standards set by the

applicable public authority that has

responsibility for the supply of water to

the premises on which the tank is

installed.

Must be prefabricated, or constructed

from prefabricated elements that were

designed and manufactured for the

purpose of the construction of a rainwater

tank.

Must not involve the excavation beyond

1m below ground level, or the filling of

more than 1m above ground level.

Must be enclosed and any inlet screened.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

by children (whether or not by

accidentally entering, climbing or falling

into the tank).

Must contain a first flush system to

prevent the entry of animals and

contaminants.

Suitable proofing for the prevention of

mosquito breeding must be provided.

Any lid must be designed to prevent entry recycling and reuse system is employed. Any motorised pump must be designed so as not to:

(a)

5 dB(A) above the background

level in any octave band from

63 Hz centre frequencies

inclusive, as measured at the

property boundary in accordance

with the Australian Standard

AS 1055.1—1997, Acoustics—

Description and measurement of

emit any noise exceeding LAeq of procedures, or

(b)

emit any tonal, impulsive or intermittent sounds, or

(c)

be audible in any residential room on adjoining property.

A sign must be affixed to the tank clearly

stating that the water in the tank is

“Rainwater—not for human

consumption”.

Must not be carried out on acid sulfate

soils land if part of a development that

requires development consent under

clause 23.

Must not be carried out on contaminated

risk land, flood liable risk land, foreshore

land or heritage item land.

Must comply with the standards for

installation, landscaped area, sewer

mains, storm water and tree removal and

pruning.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Retaining walls

Site must not be filled, or raised, more

Applies to retaining walls that do not

than 300mm within 1.5m of side or rear

exceed 600mm above ground level.

boundaries of the relevant land.

Retaining walls must be for the purpose

of retaining soil on site and not to enable

filling of the site.

Must be no longer than 20m.

Must not result in there being more than

2 successive rows of retaining walls on

the land being supported.

Must be constructed so as not to cause a

drainage nuisance.

Must not be carried out on acid sulfate

soils land if part of a development that

requires development consent under

clause 23.

Must not be carried out on bush fire prone

land, except if constructed of

non-combustible materials.

Must not be carried out on contaminated

risk land, flood liable risk land, foreshore

land or heritage item land.

Must meet the standards for access,

excavation, landscaped area, sewer

mains, storm water and tree removal and

pruning.

Subdivision creating a lot of land to be acquired by, or dedicated to, the Council or the corporation for the purpose of public open space.

Water heaters

Where located on the roof, the height

Applies to the installation of water

must not exceed the highest point of a

heaters, other than solar water heaters,

pitched roof, or 1m above the highest

(including the replacement of existing

point of a flat roof, of the building it will

heat pump hot water heaters).

serve.

Where located on the roof, it must be

Where located on the roof, it must be

flush with roof alignment.

flush with roof alignment.

Must complement colour of roofing

materials.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

Must not be visible from any:

(a)

street, or

(b)

foreshore, or

(c)

public place (including any

waterway or reserves), or

(d)

windows of habitable rooms of adjoining properties.

Must be set back behind the following:

(a)

the building line of the relevant land,

(b)

the alignment of any dwelling on any adjoining land.

Must not reduce the structural integrity of

the building or involve structural

alterations.

Must be designed so as not to:

(a)

5 dB(A) above the background

level in any octave band from

63 Hz centre frequencies

inclusive, as measured at the

property boundary in accordance

with the Australian Standard

AS 1055.1—1997, Acoustics—

Description and measurement of

emit any noise exceeding LAeq of procedures, or

(b)

emit any tonal, impulsive or intermittent sounds, or

(c)

in the case of a domestic water heater—be audible in any residential room on adjoining property between 8 pm and 7 am on Monday to Friday or between 10 pm and 8 am on weekends or public holidays.

Must not be carried out on acid sulfate soils land if part of a development that requires development consent under

clause 23.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Must not be carried out on foreshore land

or heritage item land.

Must meet the standards for excavation,

installation, landscaped area, sewer

mains, storm water and tree removal and

pruning.

[28]      Schedule 3 Complying Development

Omit the Schedule. Insert instead:

Schedule 3

Complying Development

(Clause 13)

Note. Clauses 13, 13A and 13B contain further requirements for complying development.

Part 1

Complying development in Zone 1, 2, 3, 4,

12, 13 or 15

Column 1

Column 2

Type of development

Development standards

Awnings, carports, pergolas, shade

Height must not exceed 4m above ground

structures and sunshades

level.

Applies to an awning, carport, pergola,

Must be set back behind the following:

shade structure or sun shade that:

(a)

the building line of the land,

(a)

occupies an area not greater than

(b) the alignment of any dwelling on Must be set back from the side and rear

40m2, and

any adjoining land.

(b)

is not exempt development under

Schedule 2.

boundaries of the land:

(a)

Zone 1—Environmental Housing

(Environmentally Sensitive

Land), Zone 2—Environmental

Housing (Scenic Quality) or

Zone 3—Environmental Housing

at least 1.5m if the land is in land, or

(b)

at least 500mm in any other case.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Column 1

Column 2

Type of development

Development standards

1m above ground level.

Must not be carried out on land that is

adjacent to Zone 22—Arterial Road if the

development involves a new vehicular

accessway, or alters an existing

accessway, to an arterial road in that

zone.

Must not be carried out on bush fire

interface property or bush fire prone land,

except if constructed of non-combustible

materials.

Must not be carried out on contaminated

risk land, flood liable risk land, foreshore

land or heritage item land.

Finished floor level must be no more than spaces, landscaped area, storm water and tree removal and pruning.

Bed and breakfast accommodation

Maximum of 1 sign, provided by the

Applies to use of a dwelling for bed and

Sutherland Shire Tourism Association

breakfast accommodation, other than:

Inc, advertising the accommodation on

the site.

(a)

a dwelling that is part of a dual

occupancy, townhouse, villa

Advertising sign must:

house or residential flat building,

(a)

be located behind the building

or

alignment, and

(b)

a dwelling on land that is adjacent

(b)

not have an area of more than

to Zone 22—Arterial Road, if the

1.5m2.

development would involve a new

Must provide at least 1 off-street car

vehicular accessway, or the

space for guests in addition to any

alteration of an existing

residential parking.

accessway, to an arterial road in

Car spaces must be located so as to

that zone.

minimise disturbance to, and preserve the

privacy of, other residences.

Locks must be fitted to guest rooms and

external doors, and must be capable of

being opened from the inside by a single

handed action without the need for a key.

Must not be carried out on bush fire prone

land, contaminated risk land, flood liable

risk land, foreshore land or heritage item

land.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Column 1

Column 2

Type of development

Development standards

Must meet the standards for car spaces, storm water and tree removal and pruning.

Building alterations (internal)

Alterations to any part of residential

Applies to internal building alterations,

premises used for the purpose of

other than:

preparation or storage (or both) of food for sale to the public as part of a home

(a)

alterations to incomplete

occupation must comply with:

buildings, or

(a)

the Australian Standard

(b)

the installation of oil or solid fuel

AS 4674—2004, Design,

heating appliances, or

construction and fit-out of food

(c)

the installation of any commercial

premises, and

mechanical exhaust ventilation

(b)

the Code for Commercial Home

system, or

Catering.

(d)

alterations that are exempt

development under Schedule 2.

Must not be carried out on bush fire prone land, except if constructed in accordance with the NSW Rural Fire Service

Planning for Bush Fire

guidelines titled spaces, floor space and landscaped area.

Protection ISBN 0 9751033 2 6, dated

December 2006.

Must not be carried out on heritage item

land.

Cabanas and gazebos

Height must not exceed 4m above ground

Applies to a cabana or gazebo that:

level.

Finished floor level must not be greater

(a)

occupies an area not greater than

40m2, and

than 1m above ground level.

Must be set back behind the following:

(b)

is not on land that is adjacent to

Zone 22—Arterial Road if the

(a)

the building line of the land,

development involves a new

(b)

the alignment of any dwelling on

Dolans Road

No 93, “Coolangatta”, house—B275

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Dunkeld Close

No 4, house—B266

Eurabalong Road

Nos 1–9, house—B212

Goobarah Road

No 4, house—B267

Gunnamatta Road

Southern end of Gunnamatta Road on foreshore, remains of bath walls—A119

Hazel Place

Nos 2C, 11 and 15, boatsheds (group)—B316

Loch Lomond Crescent

No 3, “Loch Lomond”—B215

Portview Place

No 6, house and grounds—B269, L030

Rutherford Avenue

No 18, boatshed—B317

No 22, “Minnamurra”—B216

Shell Road

No 14, house—B217

Smarts Crescent

Nos 6–16, “Mount Vincent”, house—B218

Nos 27–31, house—B270

Woolooware Road

Alignment of first road in Sutherland Shire—Woolooware Road—A006

No 224, boatshed—B318

No 255A, boatshed/house—B319

No 295, boatshed/house—B320

No 321, “Attwells Boat Brokerage”, boatshed/house—B321

Nos 344–350, garden, including nearby street trees—L170

Street trees, between Burraneer Bay Road and Wren Place—L187

Other

Beach on western side of Gunnamatta Bay, fronting 2–34 Bulls Road—Lf30

Sandstone rock platform on foreshore, fronting 1–5 Bell Place and

1–9 Eurabalong Road—Lf31

Sandstone cliff formation running along 2–52 Rutherford Avenue and

2–16 Loch Lomond Crescent—Lf32

Single tree, Angophora costata (Smooth-barked Apple or Sydney Red Gum),

southern end of Dolans Road South, in vegetated unformed part of public

road—T55

2 trees, Eucalyptus racemosa (Snappy Gum or Small-leaf Scribbly Gum),

eastern side of Dolans Road South, north of 129 Burraneer Bay Road and

54 Dolans Road—T56

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Caringbah

Kingsway

Park, south-western corner, Port Hacking Road—L186–R

Caringbah South

Baliga Avenue

No 39, boatshed—B332

Bayside Place

No 21, house and boatshed “Elanora”—B278

Burraneer Bay Road

2 street trees, southern side of Burraneer Bay Road, east from intersection with

Port Hacking Road—T52

Caringbah Road

Street trees, including Eucalyptus microcorys (Tallow Wood), Caringbah

Road, west of Laguna Street and west of Kanoona Street—T49

Street trees (possibly remnant canopy), consisting of Eucalyptus racemosa

(Snappy Gum or Small-leaf Scribbly Gum), southern side of Caringbah Road,

between Oleander Parade and Gannons Road and returning into Oleander

Parade—T50

Street trees, consisting of Eucalyptus racemosa (Snappy Gum or Small-leaf

Scribbly Gum), eastern side of Oleander Parade, at intersection with Burraneer

Bay Road—T51

Fernleigh Road

Nos 44–46, “Fernleigh”—B005–S

Frangipani Place

No 4, “Rellum”, house—B264

Mirral Road

No 41, boatshed—B235

President Avenue

EC Waterhouse National Camellia Garden, corner Kareena Road—L134–R

Wallami Street

No 24, house—B287

Water Street

Nos 28 and 32, including The Terraces and former stables—B010

Willarong Road

No 359, boatshed—B279

No 432, boatshed and stone walls—B280

No 509, cottage, boatshed and jetty—B239

No 527, waterfront cottage—B234

No 541, boatshed/dwelling and swimming enclosure—B342

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Como

Bonnet Avenue

No 39, house—B281

Como Parade

No 105, corner Warraba Street, house—B013

Cremona Road

No 2, “Café de Como”, house—B016

End of Cremona Road, Como Pleasure Grounds—L048–R, A039, including

pavilion site—A040, boatshed—A041, sea walls—A042, tidal baths—A043

and Scylla Bay—A044

Railway Bridge

North of Cremona Road, former Como railway bridge (now cycleway), lattice

girder railway bridge—A009

North of Cremona Road, Como railway bridge (current railway bridge)—

A020

Northern end of Cremona Road, Como railway bridge—L197–R

Wolger Street

No 41, corner Burunda Street, house—B019

Cronulla

Arthur Avenue

No 8, house—B067 (also No 40 The Esplanade)

Note. The property has 2 frontages. Arthur Avenue is the street frontage.

Burraneer Bay Road

Nos 20–24 Burraneer Bay Road, Cronulla Public School, main building and

grounds—B021

Connels Road

No 15, house—B022

Cronulla Street

Between Tonkin Street and Cronulla Street—Cronulla Railway Station—

A026, B026–S

Nos 2–6, “Cronulla Theatre”, corner Kingsway—B027

Nos 8–12, commercial building—B028

No 41, Cronulla Post Office—B025

Nos 66–70, Commonwealth Bank—B029

No 112, State Bank—B030

Nos 146–148, Cronulla Street, Monro Park—L008–R

Darook Park Road

No 9, boatshed, garage and walls—B282

Elouera Road/Kingsway

At the eastern end of Kingsway—sea wall (south of Dunningham Park)—

A049

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Ewos Parade

Southern end of Oak Park—Oak Park rock pool—A047

Southern end of Shelly Park, Shelly Park rock pool—A048

No 157, corner Rose Street, house—B032

Shelly Beach and Park—L003

Street trees (opposite Oak Street)—L055

Oak Park—L058

Excelsior Road

No 6, house and garden trees—B036, L070

No 22, house—B037

Franklin Road

No 54, house—B038

Gerrale Street

Gerrale Street (opposite Mentone Avenue), Parramatta Street and surrounding

streets—brick kerbing—A051

Nos 80–82, house—B042

Nos 97–99, corner Nicholson Parade, commercial pair—B041

South Cronulla Beach and Cronulla Park—L002–R

Giddings Avenue

“Thornton Hall”, corner Nicholson Parade, part of St Aloysius School—B043

Gowrie Street

Remains of Salmon Haul ocean wharf, eastern end of Salmon Haul Reserve—

A027

Bass and Flinders memorial—A055

Grasmere Crescent

No 30, garden—L032

Gunnamatta Road

Wharf, Broadway and steps, at end of street—B315

Hampshire Street

No 12, corner Nicholson Parade, house—B044

John Street

Nos 10–12, “Miami’s” kindergarten, house and garage—B045

Kingsway

Nos 43–45, “Masonic Temple”—B046

Dunningham Park (also fronts Elouera Road)—L001

Street trees, corner Libra Avenue—L168

Links Avenue

No 17, corner Berry Street—B048

Lucas Street

No 9, corner Barony Street, “Elanora Mackinnon House” and gardens—B049,

L056

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

McDonald Street

Foreshore between North and South Cronulla Beaches—rock pool—A050

Nicholson Parade

Southern end of Nicholson Parade, Hungry Point—Fisheries Research

Institute—A036, L061S

On rise, east of Gunnamatta Baths—Gunnamatta Park, including dressing

pavilion—A046, L033

Oak Street

No 8, house—B052

Parramatta Street

No 50, house—B055

Prince Street

To the north of Dunningham Park, North Cronulla Surf Club—B056

Richmount Street

No 12, “Moonbow”, house—B057

No 14, house—B058

St Andrews Place

No 1A, St Andrews Church of England, church, rectory and grounds—B059

Surf Road

Nos 4–8, “School of Arts”—B063

Taloombi Street

Laneway, between 51 and 53 Taloombi Street, sandstone steps from street to

waterfront—A113

No 47, boatshed—B283

No 52, “Coombe Grange”—B064

No 53, boatshed/dwelling—B284

The Esplanade

To the east of Cronulla Park, Cronulla Surf Club—B065

Cronulla Sports Complex—B066

No 40, house (also No 8 Arthur Avenue)—B067

Walking path on eastern foreshore—L059

Bass and Flinders Point and Salmon Haul Reserve (at southern point of

Cronulla Peninsula)—L060–R

Tonkin Street

Tonkin Park—L068

Via Mare

No 8, house—B070

Waratah Street

Northern end of Waratah Street, Cronulla Wharf, stone steps—A114

Abutting Gunnamatta Park, substation (Electric Light Department)—B071

Wilshire Avenue

No 14, Uniting Church—B073

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Other

Possible remnant canopy, consisting of Eucalyptus racemosa (Snappy Gum or

Small-leaf Scribbly Gum) and Angophora costata (Smooth-barked Apple or

Sydney Red Gum), mainly on eastern side of Gunnamatta Road—T62

Street plantings, consisting of Eucalyptus (possibly Snappy Gum), eastern

side of northern end of Franklin Road—T64

Frontage trees, consisting of Eucalyptus paniculata (Grey Ironbark) and some

Eucalyptus pilularis (Blackbutt), main frontages to Woolooware Primary

School, Wills Road and Riverview Avenue—T65

Street plantings, consisting of Ficus hillii (Hill’s Weeping Fig), Hume Road

boundary to golf course—T67

Remnant foreshore vegetation, at head of Gunnamatta Bay, consisting of

mixed species shrubs and understorey plants—T68

Linear cultural exotic planting of rail embankment, consisting of coral trees—

T69

Remnant eucalypt canopy in Tonkin Park, adjacent to car park—T70

Sandstone platform at head of Gunnamatta Bay, below south-western corner

of Tonkin Park—Lf33

Sandstone caves and wind eroded formations on foreshore, from Darook Park

towards 29 Darook Park Road—Lf34

Bass and Flinders Point, South Cronulla, consisting of remnant native

Cupaniopsis anacardiodes (Tuckeroo) and endangered Sutherland Shire

littoral rainforest—T71

Sandstone cliff feature above Esplanade walkway, between Kingsway and

Cronulla Park—Lf35

Dolans Bay

Parthenia Street

No 92, house—B285

Port Hacking Road

No 733, house—B280

Port Hacking Road South

No 698, house—B009

No 742, “Our Lady of Mercy Convent”—B074

Engadine

Banksia Avenue

and grounds—L160

No 133, house—B075

Railway Parade (Princes Highway)

No 43, house—B077

Waratah Road

“The Boys Town”—Ar, including Bakery Trade Industry building and Meat

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Woronora Road

downstream of the Causeway—Lf3

No 277, “Homelea”, corner Fairview Avenue—B081

Stand of Pinus radiata (Radiata Pine or Monterey Pine) and Lophostemon

confertus (Brush Box), Cooper Street Reserve, on Princes Highway

frontage—T13

Grays Point

Grays Point

Sandy beach next to boat ramp—Lf13

“Swallow Rock” rock formations, east of boat ramp—Lf14

Mangrove stands, between Swallow Rock and foreshore—Lf15

Grays Point rocky foreshore to public reserve—Lf16

Mangrove stands, between Grays Point and Point Danger—Lf17

DP 12160, Mansion Bay, sandstone foreshore (between 8–70A Mansion Point

Road)—Lf18

North West Arm Road

No 152, house—B083

Peninsula Road

No 129, house, boatshed and sea wall—B288

Gundamaian (Royal National Park)

Deer Park Road (Deer Park)

On foreshore between Dark Bay and Carruthers Bay, access stairs to jetty and

boatshed, “Chaldercot”—A065

“Chaldercot”—B084–R

Point Danger

On western side of Gundamaian, site of landscaping and jetty remains—A062

On western side of Gundamaian, remains of landscape and jetty—A063

Wants Point

On eastern side of Gundamaian, remains of jetty—A064

Warumbul Road (Gogerly’s Point)

Gogerly’s Point—Ar, including west of “Rathane”, “Telford” and

landscaping—A066, B091, north of “Hilltop”, “Rathane” cottage and

associated buildings and landscape setting—A067, B089, adjacent to

“Hilltop”, “Gogerly’s Cottage”—A068, B085S, south of “Rathane”, “Hilltop”

and landscaping—A069, B086, east of “Hilltop”, Lamont house site—A070,

boatsheds—B087, Timber cottages—B088, within landscape setting for

Rathane, rotunda—B090, gardens/grounds—L036–R

Warumbul Road (Warumbul)

North of Graham’s Point, Warumbul—A071

Remnant period garden and ancillary foreshore structures in grounds of

Warumbul—L035

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Gwawley Bay

Sandy Beach, between 12 Marra Place and 1 Holts Point Place—Lf19

Sandy Beach, between 75–93 Holt Road—Lf20

Sandy Beach, between 31–47 Holt Road—Lf21

Sandy Beach, between 5–9 Holt Road—Lf22

Sandy Beach, between 2–12 Woodlands Road—Lf23

Gymea

Kingsway

Nos 782–800, corner Talara Road, Hazelhurst garden—L101

Street plantings, Eucalyptus, mainly southern side, between Talara Road

North and Premier Street North—T31

Princes Highway

Stands of Eucalyptus microcorys (Tallow Wood), Eucalyptus pilularis

(Blackbutt), Eucalyptus racemosa (Snappy Gum or Small-leaf Scribbly Gum),

Eucalyptus grandis (Rose Gum) and Eucalyptus globoidea (White

Stringybark) along Princes Highway, between Kingsway and The

Boulevarde—T30

Note. Part of the above item is within land that is deferred matter (see clause 4 (b)).

Gymea Bay

Gymea Baths, north-western corner of Gymea Bay—L039

Bayhaven Place

No 9, house—B291

Coonong Road

Street trees, consisting of Eucalyptus microcorys (Tallow Wood), footpath

reserve, outside 67 Coonong Road—T34

Single tree, Eucalyptus, north-eastern corner of Winkin Avenue and Coonong

Road—T35

Coopernook Avenue

No 38, boatshed—B240

Ellesmere Road

No 116, waterfront cottage—B242

No 180, house—B096

Forest Road

Street trees, consisting of Eucalyptus pilularis (Blackbutt), southern side of

Forest Road, opposite Manchester Road—T37

Street trees, consisting of Eucalyptus pilularis (Blackbutt), southern side of

Forest Road, opposite Walker Avenue—T38

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Gymea Bay Road

Street trees, consisting mainly of Eucalyptus pilularis (Blackbutt) and

Eucalyptus globoidea (White Stringybark), Gymea Bay Road, south, between

President Avenue and High Street—T32

Street trees, consisting of Eucalyptus, north-eastern corner of Gymea Bay

Road and Forest Road—T33

Street trees, consisting of Eucalyptus racemosa (Snappy Gum or Small-leaf

Scribbly Gum), south-western corner of Gymea Bay Road and Forest Road—

T36

Pinaroo Place

No 24A, house—B094

Heathcote

Bottle Forest Road

On southern side of laneway leading to Heathcote Sesquicentenary Park, site

of former Heathcote Brickworks—A033

Bottle Forest Road (and former brickpit embankment)

Street trees, Blue Gum, Eucalyptus pilularis (Blackbutt) and Stringybark—

L153

Dillwynnia Grove

Nos 1–21, corner Tecoma Street, Heathcote Hall and grounds—B098,

L151–S

No 40, “Kennet Villa”—B099

East Heathcote

Dillwynnia Grove—cultural street trees, Lophostemon confertus (Brush

Box)—T11

Forest Road—natural street plantings, including Eucalyptus pilularis

(Blackbutt), Syncarpia glomulifera (Turpentine) and AngophoraT12

Princes Highway

No 1330, former railway cottage—B100

Wilson Parade

No 1, house—B101

No 122, house—B102

Illawong

Bignell Street

At the end of Bignell Street, stone jetty—A116

No 4, foreshore house, boatshed and stone wall—B293

Nos 7–13, stone boatshed, seawall and basin—B294

Nos 20–22, early waterfront housing and boatsheds—B295

Nos 60, 64, 66, 68 and 72, houses and boatsheds (group)—B296

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Cranbrook Place

Nos 9–21, sculptures, pathways and steps, seawall and swimming enclosure—

B343

Nos 16–20, “Cranbrook”, house and gardens (also Nos 45–53 Fowler Road)—

B103, L022

Fowler Road

Nos 45–53, “Cranbrook”, house and gardens (also Nos 16–20 Cranbrook

Place)—B103, L022

No 69, house and boatshed—B298

Nos 77–79, seawall—B299

No 118, house—B104

Nos 119–121, boatshed, house, wharf and stone waterfront—B297

Griffin Parade

Nos 9–11, early waterfront house—B301

Old Ferry Road

Between Old Illawarra Road and Old Ferry Road junction, Old Illawarra

Road—A004

Old Punt crossing (Lugarno ferry)—A007

Stone wharf—A117

200m west of No 1R, waterfront houses (group of 5)—B302

Jannali

Jannali Avenue

Stand of Eucalyptus pilularis (Blackbutt), Jannali Avenue, between Mitchell

Avenue and Louise Street—T29

Jannali Avenue/Railway Parade

Jannali Railway Station and immediate surrounds—A025

Mitchell Avenue

Cultural planting, comprising Lophostemon confertus (Brush Box)—T28

Kangaroo Point

Ilma Avenue

No 9, boatshed and house—B303

Kangaroo Point Road

Nos 6–8, boatshed and wall—B304

No 10, house—B109

No 25, house and garden—B108, L080

Nos 72–74, boatshed—B305

Nos 105–107, house—B258

No 162, corner Tara Street, house—B111

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Kirrawee

Acacia Road

No 94, “Botany View”, house—B112

No 189, house—B140

President Avenue

No 455, corner Oak Road, house—B114

Princes Highway/Oak Road/Flora Street

Site of former brickworks, Sutherland Brick Company claypits—A034

Lilli Pilli

Bareena Street

No 18, “Waratah” and garden trees—B118, L006

Beckton Place

Nos 20–24, “Beckton”, house and boatsheds—B120, B237

Gow Avenue

No 24, waterfront cottage—B238

Korokan Road

Nos 16–18, “Nuimburra” and adjoining house—B262

Lilli Pilli Point Road

At the end of Lilli Pilli Point Road, site of Lilli Pilli wharf—A045

Moombara Crescent

Nos 17–19, “Moombara”—B123–R

Sandbar Place

No 1, house—B124

Shiprock Road

No 34, boatshed—B286

Turriel Bay Road

No 33, waterfront cottage—B236

Wallendbeen Avenue

No 10, “Wallendbeen Lodge”—B125

Other

Remnant mixed canopy at eastern end of Lilli Pilli Point Reserve—T44

Shiprock rock feature on foreshore, opposite 2 Shiprock Road, together with

the Shiprock Aquatic Reserve, extending from 12 Wallendbeen Avenue to

18 Shiprock Road—Lf25

Loftus

Loftus Avenue

Loftus Heights, east of Illawarra Railway Line, Old Illawarra Highway—

A107

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

National Avenue

No 9, house—B127

No 44, house—B128

Nattai Street (opposite on railway land)

Loftus Junction Railway Signal Box —A121–S

Princes Highway (on edge of Royal National Park)

Former “Gardeners Garage”—B130

Menai

Menai Town Centre

Between Carter Road and Old Illawarra Road, Moreton Bay Fig, Lot 101,

DP 1038691—T6

Other

Between Heathcote Road and Mill Creek, Commonwealth land held for

defence purposes, sandstone escarpment, DP 828667—Lf1

Commonwealth land held for defence purposes, sandstone escarpment,

DP 828667—Lf2

Eucalyptus maculata (Spotted Gum), POR 456, DP 752034, DP 210890—T1

Note. Part of the above item is within land to which this plan does not apply because of clause 4 (c) of this plan.

Angophora costata x bakerii, POR 90, DP 507721—T2

Note. The above item is partly within land that is deferred matter (because of clause 4 (b) of this plan) and partly within land to which this plan does not apply (because of clause 4 (c)).

Eucalyptus squamosa PT 185, DP 752034, DP 210890—T4

Eucalyptus paniculata (Grey Ironbark) POR 249, DP 752034, Lot 22,

DP 818821, Lot 25, DP 874608, Pt 2, DP 1032102, Pt 3, DP 1032102,

POR 272, DP 752034, POR 274, DP 752034—T5

Note. Part of the above item is within land to which this plan does not apply because of clause 4 (c).

Miranda

Forest Road

Street trees, consisting of Eucalyptus pilularis (Blackbutt), southern side of

Forest Road, immediately east of junction with Alkaringa Road—T39

Kiora Road

Street trees, alternate planting of Lophostemon confertus (Brush Box) and

Camphor Laurels—L164

Matson Crescent

No 13, house—B228

No 32, waterfront house—B335

Nos 42, 46, 50–56, 60 and 62, boatsheds and boatshed/dwellings—B336

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Port Hacking Road

Gwawley Creek storm water canal, eastern side of Port Hacking Road, 200m

south of Box Road—L075

The Boulevarde

Remnant stand, consisting of Eucalyptus racemosa (Snappy Gum or

Small-leaf Scribbly Gum), northern side of The Boulevarde, between Aster

Avenue and Ingara Avenue—T42

Cultural plantings, consisting of Melaleuca quinquenervia (Broad-leaved

Paperbark), school frontage, opposite Edward Avenue—T43

Miranda Centre School War Memorial, northern end of The Boulevarde—

L163, Ot

Oyster Bay

Caravan Head Road

Nos 141 and 151, waterfront cottages—B308

Carina Road

No 27, boatshed and cottage—B307

Green Point Road

Nos 14–20, 22 and 40, waterfront cottages—B308

Sage Avenue

No 2, “Desiree”—B139

Shipwright Place

Nos 17 and 19, waterfront cottages—B308

Ward Crescent

Nos 20, 24, 28, 30 and 32, waterfront houses/boatsheds (group)—B309

Stands of Avicennia marina (Grey Mangrove), fringing Coronation Bay—

Lf12

Royal National Park

Other

Avenue of trees, consisting of Bunya Pine, Hoop Pine and Monterey Pine or

Radiata Pine, Royal National Park entry at Loftus Junction and extending into

Royal National Park—AL175

Audley Road

“Bedford”—B129

Bottle Forest Road

From Farnell Avenue west to Loftus Ridge, military parade site—A076

Cabbage Tree Basin

At weir on northern end of Cabbage Tree Basin, Bundeena/Maianbar water

supply—A075

Costens Point

On western side of Costens Point, house sites and associated remains—A072

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Commencing north-west of sites at Costens Point, Old Coast Road—A073

Florence Parade

Commencing at Grays Point and terminating at Lady Rawson Parade,

Florence Parade—A080

Jibbon Head

Erected in cliff face at Jibbon Head, plaque—A110

On Jibbon Beach south-west of Jibbon Head, shell grit beach mine—A111

McKell Avenue

Eastern side of Fosters Flat, above creek, 350m north of Couranga Track,

Fosters Flat saw pit—A059

East of Illawarra railway line and northern end of Wilson Parade, former clay

pit associated with railway contractors—A077

Rawson Drive

Rawson Drive—Ar, Including site of bridge across tributary of Temptation

Creek—A078, East of Illawarra railway line, beside fire trail, Old Illawarra

Highway remains—A108

Red Jacks Point

Red Jacks Point, remains of house sites—A074

Sutherland

Adelong Street

Nos 3–7, row of 3 houses—Ar

No 5, house—B143

No 7, house—B144

No 10, house—B145

Auburn Street

No 68, house—B147

Clio Street

No 52, house—B152

East Parade

Nos 9–15, house—B154

Nos 21–23, former School of Arts—B157

No 77, corner Sutherland Street, house—B159

Street trees, alternate planting of Port Jackson Fig and Lophostemon confertus

(Brush Box)—L174

Eton Street

Former Sutherland Intermediate High School building (now part of Sutherland

Primary School)—B161

Sutherland War Memorial (Peace Park)—Ot, L192

Flora Street

Sutherland Primary School, corner Eton and Merton Streets, including

original building and grounds—B162

Corner Merton Street, church—B163

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

B164

No 116, house—southern boundaries of sports ovals off The Grand Parade—T15

No 122, corner Glencoe Street, house—B165

Glencoe Street

No 56, house and fence—Ot, B172

Jannali Avenue

No 123, rear frontage to Vesta Street, house—B173

No 125, corner Moira Street, house—B174

No 129, “Lark Ellen Nursing Home”—B175

Linden Street

Bounded by Linden Street, First Avenue, Sutherland Oval and Prince Edward

Park, Woronora Cemetery—A052

Between cemetery office and Linden Street, site of mortuary line, Woronora

Cemetery—A053

No 148, corner Sutherland Street, house—B177

“Cooee Tree”, Eucalyptus racemosa (Snappy Gum or Small-leaf Scribbly

Gum), 1.8m diameter trunk, Sutherland Park—L043–S

Sutherland Park—L044–R

Woronora Cemetery—L045–S

Old Princes Highway

Western side of Old Princes Highway, 50m south of Cronulla Branch line, site

foundations for steam tramway (western side)—A018

No 753, former steam tramway office—A019

Sutherland Railway Station—A024

South of Cronulla Branch Line junction, electrical substation—A035

No 685 (next to overpass), commercial building—B178

No 808, (corner Boyle Street), “Boyles Sutherland Hotel”—B179

No 816, Commonwealth Bank—B180

Eton Street and Old Princes Highway, Forby Sutherland Memorial Gardens

and Council grounds, Council chambers—L017

Railway Station precinct, bridge, retaining walls and fig trees—L104

Rawson Avenue

“National Avenue” street trees—L108–R

Toronto Parade

No 90, house—B189

No 94, house—B190

No 100, corner Clio Street, “Brinsley’s Joinery Works”—A032, B191

No 102, house—B192

No 104, “Walton”—B193

Other

Single tree, Eucalyptus punctata (Grey Gum), opposite 115 The Grande

Parade, located in Prince Edward Park Reserve—T14

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Stand of Eucalyptus haemastoma (Scribbly Gum) and Eucalyptus racemosa (Snappy Gum or Small-leaf Scribbly Gum), Park Reserve, on western side of Linden Street—T16

2 trees, Tristaniopsis laurina (Water Gum), Linden Street footpath reserve,

opposite Adelong Street—T17

Stand of Eucalyptus microcorys (Tallow Wood) and Eucalyptus pilularis

(Blackbutt), Sunbury Street road reserve, between Tudor Road and Hornby

Avenue—T18

2 trees, Eucalyptus racemosa (Snappy Gum or Small-leaf Scribbly Gum),

either side of Sumner Street at Sutherland Road junction—T19

Single tree, Eucalyptus microcorys (Tallow Wood) in footpath reserve at

160 Sutherland Road—T20

Single tree, Ficus rubiginosa (Port Jackson Fig), opposite Oxford Street on

eastern side of East Parade—T21

Single tree, Ficus rubiginosa (Port Jackson Fig), East Parade, at the Bus

Interchange—T22

Single tree, Ficus rubiginosa (Port Jackson Fig), western side of Eton Street,

outside 51 Eton Street—T23

Street plantings, consisting of Eucalyptus scoparia (Willow Gum), western

side of Belmont Street, from Morley Street to Cook Street—T24

Cultural plantings, consisting of 4 Lophostemon confertus (Brush Box), Acton

Street, in front of Olsens Funeral Chapel—T25

Street trees, consisting of Eucalyptus microcorys (Tallow Wood), Eucalyptus

pilularis (Blackbutt), Eucalyptus saligna (Sydney Blue Gum), northern side of

Old Princes Highway, fronting 42 Auburn Street—T26

Single tree, Eucalyptus pilularis (Blackbutt), south-western corner of Waratah

Street and Acacia Road intersection—T27

Sylvania

Belgrave Street

West of 1929 Tom Ugly’s Bridge at Horse Rock Point, stone setting at 1929

Tom Ugly’s Bridge—A012

Street tree outside No 39, Norfolk Island pine—L161

Canberra Road

No 23, corner Pembroke Street, house—B194

Evelyn Street

No 5, house—B197

Harrow Street

No 35, boatshed, jetty and walls—B310

Murralin Lane

No 35, “Glenn Robin”, house, Fairy House, boatshed and jetty—B198

Port Hacking Road

Nos 101–151, house (part of Frank Vickery Village No 16)—B134

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

Princes Highway

Former St Marks Church (now part of public school)—B200

Nos 56–60, corner Endeavour Street, old church—B201

Fig tree (on southern approach to Tom Ugly’s Bridge)—L087

Sylvania Waters

Sylvania Waters canal development

Sylvania Waters canal development—L074–R

Taren Point

Old Taren Point Road

At northern end of Old Taren Point Road, west of Captain Cook Bridge,

disused ramp for punt—A015

Taren Point Road

Spanning Georges River between Taren Point and Rocky Point, Captain Cook

Bridge (1965)—A016

Captain Cook Bridge (1965) and southern approach—L072–R

Waterfall

McKell Avenue

Nos 7, 8, 9 and 10, pair of semi-detached houses—B205

Other

At southern end of railway yards, on eastern side of the railway line—

Waterfall Railway turntable—A022

Opposite 1899 Princes Highway, watertank—A023

On eastern side of Waterfall Station, row of 3 railway workers’ cottages

including “Community Cottage”—Ar

On hillside, 1km south-west of Waterfall, off highway (near freeway), “Camp

Coutts”, Heathcote National Park—L158–R

Woolooware

Caronia Avenue

No 28, house—B210

Castlewood Avenue

Nos 26–28, house—B211

Kingsway

No 141, “Woolooware House” and stables building—A054, B214

Swan Street

No 2, “Wyndham Flats”—B219

Woolooware Road

Alignment of first road in Sutherland Shire—Woolooware Road—A005

No 79, corner Castlewood Avenue, house—B222

No 89, “Castlewood”—B223–R

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Other

Single tree, Ulmus parifolia (Chinese Weeping Elm), eastern side of

Cabramatta Road, at junction with Hyndman Parade—T57

2 Eucalyptus racemosa (Snappy Gum or Small-leaf Scribbly Gum) on

opposite corners of intersection of Munni Street and Cabramatta Road—T58

Single tree, Angophora costata (Smooth-barked Apple or Sydney Red Gum),

south-eastern corner of intersection of Coronia Avenue and Woolooware

Road—T59

Single tree, Ficus rubiginosa (Port Jackson Fig), footpath at 41 The

Kingsway—T60

Single tree, Quercus robur (English Oak), rear garden of 53 Burraneer Bay

Road (private property)—T61

Trees, including Sarcocornia quinqueflora (Saltmarsh), Avicennia marina

(Grey Mangrove) and Casuarina glauca (Swamp Sheoak), frontage to

Woolooware High School, Captain Cook Drive—T63

Remnant canopy, consisting of Eucalyptus globoidea (White Stringybark) and

Eucalyptus paniculata (Grey Ironbark), Hagger Park at Denman Avenue—

T66

Woronora

Liffey Place

No 67, house—B323

Menai Road

Site of 1912 bridge across the Woronora River, Menai Road—Woronora

Bridge—A017

Single tree, Eucalyptus racemosa (Snappy Gum or Small-leaf Scribbly Gum),

Lot 7015, DP 1027164, western low level bridge approach—T8

Prices Circuit

Sandstone Steps, Lot 7007, DP 750234, northern boundary to Woronora

School—Lf7

Sandstone formations, Lot 7008, DP 1027166, riverfront at southern end of

Prices Circuit Reserve—Lf8

Stand of Eucalyptus and single fig tree, Prices Circuit Crown Reserve,

Lot 7008, DP 1027166—T7

Trees, Calodendrum capense (Cape chestnut), 193 Prices Circuit, Lot 31,

DP 11327, planted around 1930 (private property)—T7A

Prince Edward Park Road

No 87, house—B325

No 105, stone boatshed and seawall—B324

No 201, stone house, boatshed and carport—B326

Woronora RSL War Memorial—L110, Ot

Single tree, Eucalyptus camaldulensis (River Red Gum), corner of Prince

Edward Park Road and River Road—T10

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

River Road

of 4 The Crescent (private property)—T9

No 29R, house—B226

The Crescent

Wishing well in creek bed, Lot 104, DP 875898 (AQC), The Crescent—Lf10

Yowie Bay

Attunga Road

No 8, house—B227

No 139, boatshed—B328

No 255, boatshed and house—B329

Nos 296–298, boatshed—B330

Binda Road

No 19, boathouse, boatskid/ramp, saltwater bath remnants—B350

Coolum Place

Nos 2–4, boatshed and baths (also No 5 Kalang Lane)—B334

Coora Road

3 trees, Angophora costata (Smooth-barked Apple or Sydney Red Gum),

eastern end of Coora Road—T41

No 1C, boatshed—B338

Glen-Ayr Avenue

No 4, boatshed—B333

Kalang Lane

No 5, boatshed (also Nos 2–4, Coolum Place)—B334

Nos 5 and 6, sandstone seawall—L026

Maroopna Road

No 14, “Magnetic”, waterfront cottage—B344

Muneela Place

No 4, two-storey stone boatshed—B337

Sherwood Avenue

No 6, boatshed—B339

No 8, waterfront cottage—B339

Wonga Road

No 1, boatshed—B230

No 7, house—B231

No 16, “Cliff Haven”, house—B233

Yellambie Street

No 23A, boatshed and seawall—B340

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

Other

Stands of Eucalyptus microcorys (Tallow Wood) and Lophostemon confertus

(Brush Box), vegetated unformed parts of Kiora Road, between Forest Road

and waterfront to Gymea Bay—T40

Miscellaneous items (not listed by location elsewhere)

Woronora-Penshurst pipeline—A037

Note. Part of the above item is within land that is deferred matter (see clause 4 (b)).

Royal National Park—A056

Note. Part of the above item is within land that is deferred matter (see clause 4 (b)).

Heathcote National Park—A098

Note. Part of the above item is within land that is deferred matter (see clause 4 (b)).

Woronora Dam—A099–S

On Woronora River, south of Heathcote Road Bridge, Kolora Weir—A100

West of Waterfall township, Lake Toolooma Dam—A101

West of Waterfall township, Lake Toolooma Dam pumping station—A102

Port Hacking

Yennibilli Point, Port Hacking, ballast heap—A002

Bounded by Port Hacking River to north, Illawarra rail line to west and

Sutherland Shire boundary to south—Royal National Park—L037–S

Note. Part of the above item is within land that is deferred matter (see clause 4 (b)).

Bounded by Sutherland Shire boundary to south, military area to west, Heathcote Road to the north and Illawarra railway line to the east—Heathcote National Park—L143–S

Note. Part of the above item is within land that is deferred matter (see clause 4 (b)).

Port Hacking mid channel between Little Turiel Bay and Yennibilli Point, ballast shoal (just north-west of Maianbar)—L034–R

[30]      Dictionary

Insert in alphabetical order:

acid sulfate soils land

means land identified on the Acid Sulfate the Council on 28 November 2005.

Soils Map.

coastal lake means a body of water specified in Schedule 1 to the

State Environmental Planning Policy No 71—Coastal

Protection.

coastal waters of the State—see section 58 of the Interpretation

Act 1987.

Code for Commercial Home Catering means the Sutherland

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

contaminated risk land means land that is being, or has been, used for a purpose which may cause contamination, as specified in the contaminated land planning guidelines that have been notified under section 145C of the Act, unless a notice of completion of remediation work has been given to the Council in accordance with State Environmental Planning Policy No 55— Remediation of Land.

development control plan means the Sutherland Shire Development Control Plan 2006 adopted by the Council as in force on the date of commencement of Sutherland Shire Local Environmental Plan 2006 (Amendment No 4).

flood liable risk land means land identified on the Flood Liable

Land Map.

foreshore land means land that is between a foreshore building

line and any waterway or waterfront reserve in respect of which

the building line is fixed.

Greenweb Map means the Greenweb Map contained within the

development control plan.

heritage item land means land identified on the Heritage Map.

high technology medical industry means the manufacturing,

production, assembling, processing or research and development

of biological, pharmaceutical, medical or paramedical systems,

goods or components.

Road Hierarchy Map means the Road Hierarchy Map contained

in the development control plan.

Sutherland Shire Council Environmental Specification—

Advertising means the Sutherland Shire Council Environmental

Specification—Advertising, as adopted by the Council on

3 September 2007.

Sutherland Shire Council Environmental Specification—

Landscaping means the Sutherland Shire Council

Environmental Specification—Landscaping, as adopted by the

Council on 3 September 2007.

Sutherland Shire Council Environmental Specification—

Outdoor Eating Areas means the Sutherland Shire Council

Environmental Specification—Outdoor Eating Areas, as adopted

by the Council on 3 September 2007.

Sutherland Shire Council Environmental Specification—

Swimming Pools means the Sutherland Shire Council

Environmental Specification—Swimming Pools, as adopted by

the Council on 3 September 2007.

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Schedule 1

Amendments

[31]      Dictionary

Omit the definitions of bush fire interface area, dwelling house, Heritage

Map, landscaped area, residential medical practice and townhouse.

Insert instead:

bush fire interface property means land that is recorded as a bush fire interface property on the Bush Fire Interface Property Map within the development control plan.

dwelling house means a building containing only one dwelling. Heritage Map means the map marked “Sutherland Shire Local Environmental Plan 2006—Heritage Items”, as amended by the maps (or the specified sheets of maps) marked as follows:

Sutherland Shire Local Environmental Plan 2006

(Amendment No 4)—Heritage Items

landscaped area means that part of a site that is used for growing plants, grasses or trees (including bushland), but does not include any building, structure, hard paved area, driveway, garbage storage area or swimming pool, or any planting over a basement, on a podium or roof top or within a planter box.

residential medical practice means one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals who practise in partnership (if there is more than one such professional) and who provide professional health care services to members of the public.

townhouse means a dwelling within a two-storey building, on a lot of land containing 3 or more dwellings, where each dwelling has open space at finished ground level for the exclusive use of the occupants of that dwelling.

[32]      Dictionary, definition of “extended family unit”

Omit the definition.

[33]      Dictionary, definition of “gross floor area”

Omit paragraph (b). Insert instead:

(b)

so much of the floor area of car parking (including vehicular access to that parking), required to meet any requirements of the consent authority, and

2009 No 10

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)

Amendments

Schedule 1

[34]      Dictionary, definition of “internal lot”

Insert at the end of paragraph (b):

, or

(c)

an access corridor that is common property in a strata plan or community title scheme.

[35]      Dictionary, definition of “storey”

Omit “from the ground level of the lowest point on the site” from paragraph (a).

Insert instead “vertically from the ground level immediately below”.

[36]      Dictionary, definition of “the map”

Insert “zoning” after “series of”.

[37]      Dictionary, definition of “the map”

Insert in appropriate order:

Sutherland Shire Local Environmental Plan 2006 (Amendment

No 4)—Zoning

BY AUTHORITY

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0