Sutherland Shire Local Environmental Plan 2006 (NSW)

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Part 1Preliminary1Name of plan

This plan is Sutherland Shire Local Environmental Plan 2006.

2Commencement

This plan commences on the day occurring 14 days after the date of its publication in the Gazette.

3Aims of plan

The aims of this plan are as follows—

  • (aa)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

  • (a)

    to enable the achievement of the community’s vision for Sutherland Shire through the proper management, development and conservation of the Shire’s environmental resources,

  • (b)

    to describe the intended environmental outcomes that will result from the effective implementation of this plan,

  • (c)

    to promote an appropriate balance of development and management of the environment that will be ecologically sustainable, socially equitable and economically viable,

  • (d)

    to provide for appropriate land use controls that protect critical requirements relating to the use of Commonwealth land for defence purposes,

  • (e)

    to establish a broad planning framework for controlling development in Sutherland Shire,

  • (f)

    to conserve items of environmental heritage,

  • (g)

    to preserve and enhance the quality of native vegetation and fauna,

  • (h)

    to protect environmentally sensitive areas,

  • (i)

    to conserve natural, indigenous and built heritage sites throughout Sutherland Shire,

  • (j)

    to encourage development that is energy efficient and supports access by public transport, walking and cycling,

  • (k)

    to provide opportunities for business interests to respond to the demands of the community for shopping and the provision of services,

  • (l)

    to provide employment opportunities in Sutherland Shire,

  • (m)

    to put in place a framework of controls to address current and future housing needs,

  • (n)

    to allow for provision of community facilities and land for public purposes,

  • (o)

    to preserve or enhance the quality of life of the local community,

  • (p)

    to allow for improvements and appropriate additions to the recreational assets of Sutherland Shire.

cl 3: Am 2020 (724), Sch 2[1].

4Land to which plan applies(1)

This plan applies to all land in Sutherland Shire, except for the following land—

  • (a)

    land to which Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) applies,

  • (b)

    land identified on the map as “deferred matter”, being land that is excluded from this plan under section 68 (5) or 70 (4) of the Act,

  • (c)

    land identified on the map as “Excluded”.

    Note—

    The land identified on the map as “Excluded” comprises the following land—

    • (a)

      certain land at West Menai,

    • (b)

      the land shown edged heavy black on the map marked “Map 26: Woronora Emergency Access Road, between Bundanoon Road, and the Crescent” in Schedule 7 to the former Sutherland Shire Local Environmental Plan 2000,

    • (c)

      the land shown with heavy edging on the map marked “Map 32 Cronulla Sutherland Leagues Club, Captain Cook Drive” in Schedule 7 to the former Sutherland Shire Local Environmental Plan 2000.

(2)

Despite subclause (1), Part 4 applies to the Heathcote Ridge West Menai site (within the meaning of that Part).

cl 4: Am 2015 (417), Sch 1 [1].

5Definitions, notes and maps(1)

The Dictionary at the end of this plan defines words and expressions for the purposes of this plan.

(2)

Notes in this plan are provided for guidance and do not form part of this plan.

(3)

A reference in this plan to a map is a reference to a map deposited in the office of the Council, except as otherwise stated.

Note about references to publications—

This plan also contains references to various publications, including Australian Standards. See section 69 of the Interpretation Act 1987 in relation to references to publications.

6Consent authority

The consent authority for the purposes of this plan is (subject to the Act) the Council.

7Repeal of other local environmental plans(1)

Sutherland Local Environmental Plan—Menai Town Centre 1992 and Sutherland Shire Local Environmental Plan 2000 are repealed.

(2)

Despite subclause (1)—

  • (a)

    Sutherland Local Environmental Plan—Menai Town Centre 1992 and Sutherland Shire Local Environmental Plan 2000, as in force immediately before the commencement of this plan, continue to apply to land referred to in clause 4 (b) and (c) to the extent to which they applied to that land immediately before that commencement, and

  • (a1)

    clauses 2.6(1), 2.7, 4.6 and 5.8 of Sutherland Shire Local Environmental Plan 2015 (the 2015 plan) is taken to apply to land to which Sutherland Shire Local Environmental Plan 2000 continues to apply under paragraph (a) with the following modifications—

    • (i)

      clause 4.6(6) of the 2015 plan is taken to apply only to land in Zone 1 (a) Rural, Zone 1 (b) Rural (Future Urban), Zone 7 (a) Environmental Protection (Waterways), Zone 7 (b) Environmental Protection (Bushland) and Zone 7 (c) Environmental Protection (Water Catchment),

    • (ii)

      clause 4.6(8)(c) of the 2015 plan is taken not to apply, and

  • (b)

    any development application lodged before the commencement of this plan, but not finally determined before its commencement, is to be determined as if this plan had been exhibited under section 66 of the Act but had not been made.

cl 7: Am 2019 (659), Sch 1.33[1].

8Application of SEPPs and REPs(1)

This plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this plan as provided by section 36 of the Act.

(2)

State Environmental Planning Policy No 1—Development Standards (SEPP 1) does not apply to any provisions of this plan other than the provisions referred to in subclause (3).

(3)

SEPP 1 applies to the following provisions of this plan in the same way as SEPP 1 applies to development standards—

  • (a)

    clause 33 (4), (6)–(9) and (11)–(16) (relating to the height of buildings),

  • (b)

    clause 34 (3)–(6) (relating to the height of seniors housing on land in certain zones),

  • (c)

    clause 35 (5)–(13) (relating to building density),

  • (d)

    clause 36 (3)–(9) (relating to the area of landscaping in connection with development for the purpose of buildings),

  • (e)

    clause 39 (2) (relating to lot sizes for dwelling houses),

  • (f)

    clause 40 (4) and (5) (relating to lot sizes for dual occupancies, including the subdivision of land on which there is a dual occupancy),

  • (g)

    clause 41 (4) and (5) (relating to lot sizes for villa houses, townhouses and residential flat buildings),

  • (h)

    clause 42 (1) (relating to lot sizes for seniors housing).

(4)

State Environmental Planning Policy No 9—Group Homes does not apply to land to which this plan applies.

(5)

(Repealed)

cl 8: Am 2007 (333), cl 4; 2008 (630), Sch 2 [1]; 2012 No 95, Sch 3.

9Suspension of covenants and agreements(1)

For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a development consent, any agreement, covenant or other similar instrument, to the extent necessary to serve that purpose, does not apply to the development.

(2)

This clause does not apply to land in the following zones under this plan—

  • (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 5—Multiple Dwelling A,

  • (f)

    Zone 6—Multiple Dwelling B.

(3)

This clause does not apply to—

  • (a)

    a covenant imposed by the Council or that the Council requires to be imposed, or

  • (b)

    to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

  • (c)

    any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

  • (d)

    any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

  • (e)

    a covenant imposed in respect of land at Alfords Point, Barden Ridge, Bangor, Bonnet Bay, Illawong, Lucas Heights, Menai, Woronora Heights or Sylvania Waters to the extent that the covenant restricts the erection of front fences on the land, or

  • (f)

    a covenant imposed in respect of land facing the waterway at Sylvania Waters to the extent that the covenant restricts the erection of fences between the rear of any dwelling on the land and the waterway.

(4)

This clause does not affect the rights or interests of any public authority under any agreement, covenant or other similar instrument.

(5)

In accordance with section 28 of the Act, the Governor—

  • (a)

    approved of subclause (1) before this plan was made, and

  • (b)

    approved of Schedule 1 [5] to Sutherland Shire Local Environmental Plan 2006 (Amendment No 14) (to the extent that it provided for the application of this clause to land to which this clause did not apply before the commencement of Schedule 1 [5]) before Sutherland Shire Local Environmental Plan 2006 (Amendment No 14) was made.

cl 9: Am 2013 (183), Sch 1 [1]; 2019 (621), Sch 2.34[1].

Part 2General provisions10Zones in this plan(1)

The zones under this plan are as follows—

  • (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 5—Multiple Dwelling A,

  • (f)

    Zone 6—Multiple Dwelling B,

  • (g)

    Zone 7—Mixed Use—Kirrawee,

  • (h)

    Zone 8—Urban Centre,

  • (i)

    Zone 9—Local Centre,

  • (j)

    Zone 10—Neighbourhood Centre,

  • (k)

    Zone 11—Employment,

  • (l)

    Zone 12—Special Uses,

  • (m)

    Zone 13—Public Open Space,

  • (n)

    Zone 14—Public Open Space (Bushland),

  • (o)

    Zone 15—Private Recreation,

  • (p)

    Zone 16—Environmental Protection (Waterways),

  • (q)

    Zone 17—Environmental Protection (Low Impact Rural),

  • (r)

    Zone 18—Environmental Protection (Water Catchment),

  • (s)

    Zone 19—Aquatic Reserves,

  • (t)

    Zone 20—National Parks, Nature Reserves and State Conservation Areas,

  • (u)

    Zone 21—Railway,

  • (v)

    Zone 22—Arterial Road,

  • (w)

    Zone 23—Road,

  • (x)

    Zone 24—Transport Reservation.

(2)

For the purposes of this plan, land is in a zone if it is shown on the map as being in that zone.

11Zoning Table

The Table to this clause specifies the following for each zone—

  • (a)

    the objectives of the zone,

  • (b)

    development that may be carried out without consent,

  • (c)

    development that may be carried out only with consent,

  • (d)

    development that is prohibited.

The objectives of this zone are as follows—

  • (a)

    to allow development of a scale and nature that—

    • (i)

      complements the natural landscape setting of the zone, and

    • (ii)

      protects and conserves existing vegetation and other natural features of the zone,

  • (b)

    to limit development in the vicinity of the waterfront so that the environment’s natural qualities can dominate,

  • (c)

    to minimise the risk to life, property and the environment by restricting the type, or level and intensity, of development on land that is subject to either natural or man-made hazards,

  • (d)

    to minimise the impacts of development in the vicinity of heritage items,

  • (e)

    to allow the subdivision of land only where the size of the resulting lots makes them capable of development that will not compromise the sensitive nature of the environment,

  • (f)

    to ensure sharing of waterfront views between occupiers and users of new and existing buildings.

Development for the purpose of—

  • bush fire hazard reduction work, bushland regeneration.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • boatsheds, childcare centres, community facilities, drainage, dual occupancies, dwelling houses, places of public worship, recreation areas, residential medical practices, roads, utility installations (except gas holders or generating works).

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to allow development that complements the predominantly urban landscape setting of the zone, characterised by dwelling houses on single lots of land,

  • (b)

    to ensure the character of the zone, as one comprised predominantly of dwelling houses, is not diminished by the cumulative impacts of development,

  • (c)

    to allow development that is of a scale and nature that is consistent with the urban surroundings of the zone, while retaining or restoring natural features,

  • (d)

    to protect existing vegetation and other natural features of the zone and encourage appropriate bushland restoration,

  • (e)

    to minimise the risk to life, property and the environment by restricting the type, or level and intensity, of development on land that is subject to either natural or man-made hazards,

  • (f)

    to minimise the impacts of development in the vicinity of heritage items,

  • (g)

    to allow the subdivision of land only where the size of the resulting lots makes them capable of development that retains or restores natural features, while allowing a sufficient area for building footprints,

  • (h)

    to ensure sharing of waterfront views between occupiers and users of new and existing buildings.

Development for the purpose of—

  • bush fire hazard reduction work, bushland regeneration.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • boatsheds, childcare centres, community facilities, drainage, dual occupancies, dwelling houses, places of public worship, recreation areas, residential medical practices, roads, tennis courts (private), utility installations (except gas holders or generating works).

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to minimise the risk to life, property and the environment from bush fire,

  • (b)

    to allow development that is of a scale and nature that complements the natural surroundings of the zone,

  • (c)

    to protect or restore existing bushland and other natural features,

  • (d)

    to ensure the character of the zone, as one comprised predominantly of dwelling houses, is not diminished by the cumulative impacts of development,

  • (e)

    to minimise the impacts of development in the vicinity of heritage items,

  • (f)

    to allow the subdivision of land only where the size of the resulting lots makes them capable of development that retains or restores natural features, while allowing a sufficient area for building footprints and bush fire protection measures.

Development for the purpose of—

  • bush fire hazard reduction work, bushland regeneration.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • drainage, dual occupancies, dwelling houses, places of public worship, recreation areas, residential medical practices, roads, tennis courts (private), utility installations (except gas holders or generating works).

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to allow low density residential buildings that complement the predominantly urban landscape setting of the zone, characterised by dwelling houses on single lots of land,

  • (b)

    to ensure the character of the zone, as one comprised predominantly of dwelling houses, is not diminished by the cumulative impacts of development,

  • (c)

    to allow development that is of a scale and nature that preserves the streetscape and neighbourhood character of the zone,

  • (d)

    to allow residential buildings that provide a variety of housing choices for the needs of the local community,

  • (e)

    to allow non-residential buildings that provide necessary services to the local community without adversely affecting the residential amenity of the zone.

Development for the purpose of—

  • bush fire hazard reduction work, drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • boarding houses, childcare centres, community facilities, dual occupancies, dwelling houses, educational establishments, high technology medical industries (but only on land identified on the map for such a purpose), medical facilities (but only on land identified on the map for such a purpose), places of public worship, recreation areas, residential medical practices, roads, seniors housing, tennis courts (private), townhouses (except on internal lots), utility installations (except gas holders or generating works), villa houses (except on internal lots).

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to allow multiple dwellings that complement the predominantly urban landscape setting of the zone,

  • (b)

    to allow development that is of a scale and nature that provides a transition from Zone 4—Local Housing,

  • (c)

    to permit development on land at a density that is appropriate in terms of the land’s proximity to services, facilities, employment opportunities and public transport,

  • (d)

    to provide a range of housing choices in accessible locations.

Development for the purpose of drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • backpackers’ accommodation, boarding houses, childcare centres, community facilities, dual occupancies, dwelling houses, places of public worship, recreation areas, residential medical practices, roads, seniors housing, tennis courts (private), townhouses, utility installations (except for gas holders or generating works), villa houses.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to allow residential flat buildings in a form that complements the predominantly urban landscape setting of the zone,

  • (b)

    to allow development that is of a scale and nature that reflects its position as part of an urban centre,

  • (c)

    to permit development on land at a density that is appropriate in terms of the land’s proximity to the retail/commercial centre, public transport, services and employment opportunities,

  • (d)

    to provide a range of housing choices in accessible locations.

Development for the purpose of drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • backpackers’ accommodation, boarding houses, childcare centres, community facilities, dwelling houses, places of public worship, recreation areas, residential flat buildings, residential medical practices, roads, seniors housing, tennis courts (private), townhouses, utility installations (except for gas holders or generating works), villa houses.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to take advantage of the zone’s access and profile from the Princes Highway,

  • (b)

    to create development that mixes employment activities within a liveable urban environment,

  • (c)

    to encourage high employment-generating development that encompasses high technology industries, commercial display centres and light industries compatible with the existing locality and adjoining residential buildings,

  • (d)

    to allow the zone to support a live-and-work culture that provides for local employment and acts as a transition between employment activity and strict residential uses in the surrounding neighbourhood,

  • (e)

    to permit light industrial uses that are compatible with the desired future residential amenity of the zone,

  • (f)

    to ensure the design of all residential buildings is of a high architectural quality and all residential buildings have an attractive streetscape setting,

  • (g)

    to ensure development is carried out in a way that addresses the street concerned (achieving an attractive and vibrant streetscape) and reinforces surveillance of the public domain,

  • (h)

    to make provision for a prestigious gateway development capable of employing a substantial workforce,

  • (i)

    to provide a substantial area of public open space for employees, residents and the local community,

  • (j)

    to facilitate the re-vitalisation of the Kirrawee Town Centre and the Kirrawee railway station precinct,

  • (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.

Development for the purpose of drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • advertisements, arts and crafts centres, awnings, backpackers’ accommodation, boarding houses, building identification signs, business premises, car parks, childcare centres, community facilities, educational establishments, entertainment facilities, food shops, high technology industries, hotels, light industries, medical facilities, mixed use premises, motels, places of assembly, places of public worship, recreation areas, recreation facilities, registered clubs, residential flat buildings, restaurants, roads, seniors housing, service support industries, shop-top housing, shops, tourist facilities, utility installations (except for gas holders or generating works), vehicle and mechanical repair premises, warehouses.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to identify appropriate land for the provision of a wide range of retail, business and professional activities,

  • (b)

    to promote viable businesses through increased economic and employment activity,

  • (c)

    to provide for an integrated mix of commercial, office, retail and residential buildings,

  • (d)

    to create attractive, vibrant and safe establishments and facilities as a focus for community spirit.

Development for the purpose of drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • advertisements, arts and crafts centres, awnings, backpackers’ accommodation, boarding houses, bulky goods premises, business identification signs, business premises, car parks, childcare centres, community facilities, convenience stores, educational establishments, entertainment facilities, food shops, hotels, medical facilities, mixed use premises, motels, motor showrooms, nightclubs, passenger transport facilities, places of assembly, places of public worship, railways, recreation areas, recreation facilities, registered clubs, residential flat buildings (but only on land identified on the map for such a purpose), restaurants, roads, seniors housing, service stations, service support industries, sex shops, shop-top housing, shops, tourist facilities, tourist information centres, utility installations (except for gas holders or generating works), vehicle rental centres, veterinary hospitals.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to identify appropriate land for the provision of a wide range of retail, business and professional activities,

  • (b)

    to promote viable, small, local and specialty shops to support the needs of the local community and provide local employment,

  • (c)

    to provide for a mix of commercial, office, retail and residential buildings,

  • (d)

    to create attractive, vibrant and safe establishments and facilities as a focus for community spirit.

Development for the purpose of drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • advertisements, arts and crafts centres, awnings, backpackers’ accommodation, boarding houses, business identification signs, business premises, car parks, childcare centres, community facilities, convenience stores, educational establishments, entertainment facilities, food shops, hotels, medical facilities, mixed use premises, motels, motor showrooms, nightclubs, passenger transport facilities, places of assembly, places of public worship, railways, recreation areas, recreation facilities, registered clubs, residential flat buildings, restaurants, roads, seniors housing, service stations, service support industries, sex shops, shop-top housing, shops, tourist facilities, tourist information centres, utility installations (except for gas holders or generating works), vehicle rental centres.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to promote small-scale retail and business activities to serve the day-to-day needs of the surrounding local community,

  • (b)

    to provide for pedestrian-friendly and safe shopping designed to cater particularly for the needs of all ages and disabilities,

  • (c)

    to encourage shop-top housing in association with small business uses.

Development for the purpose of drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • advertisements, arts and crafts centres, awnings, backpackers’ accommodation, boarding houses, business identification signs, business premises, car parks, childcare centres, community facilities, convenience stores, food shops, medical facilities, mixed use premises, places of public worship, recreation areas, recreation facilities, registered clubs, residential medical practices, restaurants, roads, seniors housing, service stations, service support industries, shop-top housing, shops, tourist facilities, utility installations (except for gas holders or generating works), vehicle rental centres.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to ensure development supports the role and functioning of employment areas,

  • (b)

    to promote appropriate development that will contribute to employment generation and the economic growth of Sutherland Shire,

  • (c)

    to provide for a range of related land uses to provide direct services to employees,

  • (d)

    to provide for development for the purposes of shops and businesses ancillary to other development carried out on the land concerned,

  • (e)

    to provide for bulky goods premises only on selected sites.

Development for the purpose of—

  • bush fire hazard reduction work, drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • advertisements, animal boarding or training establishments (not including a riding school), arts and crafts centres, awnings, brothels, bulky goods premises (but only on land identified on the map for such a purpose), bus depots, business identification signs, car parks, childcare centres, community facilities, convenience stores, dwelling houses ancillary to other permissible uses, food shops, generating works, high technology industries, industries, junk yards, liquid fuel depots, maritime activities, motor showrooms, nightclubs, passenger transport facilities, places of public worship, recreation areas, recreation facilities, registered clubs, repair centres, road transport terminals, roads, service stations, service support industries, sex shops, utility installations, vehicle and mechanical repair premises, vehicle rental centres, veterinary hospitals, warehouses, waste recycling and management centres.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to provide for a range of community facilities and services to meet the needs of the community,

  • (b)

    to allow for development by public authorities,

  • (c)

    to provide for a variety of development in accordance with local educational, religious or similar community demand,

  • (d)

    to ensure the scale and nature of new development is compatible with the surrounding urban form and natural setting of the zone,

  • (e)

    to recognise critical requirements, as identified by the Commonwealth, relating to the use of Commonwealth land for defence purposes.

Development for the purpose of—

  • bush fire hazard reduction work, drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • the particular use indicated in respect of land by lettering on the map, advertisements, car parks, childcare centres, community facilities, educational establishments, public hospitals, recreation areas, roads, utility installations (except for gas holders or generating works), waste recycling and management centres.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to enable development of land for open space and recreation purposes,

  • (b)

    to provide active and passive open space, allowing for a range of recreational activities and facilities that meet the needs of all ages in the community,

  • (c)

    to enable development ancillary to the primary legal use of land that will encourage the enjoyment of land in the zone,

  • (d)

    to preserve public open space that enhances the scenic and environmental quality of Sutherland Shire.

Development for the purpose of—

  • bush fire hazard reduction work, bushland regeneration, drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • beach and foreshore protection works (if carried out by a public authority and authorised by a plan of management under the Local Government Act 1993), buildings used in association with landscaping or gardening (including vehicular access to those buildings), cycle access, pedestrian access, recreation areas, recreation facilities, roads, scientific research associated with native habitats, utility installations (except for gas holders or generating works).

Demolition not included in item 2.

Development (if authorised by a plan of management under the Local Government Act 1993), other than development included in item 2, for the purpose of—

  • arts and crafts centres, community facilities, food shops, passenger transport facilities, places of assembly, restaurants, tourist facilities, tourist information centres.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to enable development that facilitates recreation and preserves natural bushland areas located on publicly owned land,

  • (b)

    to allow development that does not adversely affect natural bushland or wildlife corridors,

  • (c)

    to protect public open space that is of environmental significance,

  • (d)

    to ensure that flora and fauna habitats are protected and preserved for their aesthetic, educational and scientific value.

Development for the purpose of—

  • bush fire hazard reduction work, bushland regeneration.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • beach and foreshore protection works (if carried out by a public authority and authorised by a plan of management under the Local Government Act 1993), buildings used in association with landscaping or gardening (including vehicular access to those buildings), drainage, recreation areas, scientific research associated with native habitats, utility installations (except for gas holders or generating works).

Demolition not included in item 2.

Development (if authorised by a plan of management under the Local Government Act 1993), other than development included in item 2, for the purpose of—

  • cycle access, educational facilities (including signage), pedestrian access, roads.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to identify areas of privately owned land for recreational purposes to meet local and regional community needs, such as bowling clubs, golf courses and tennis courts,

  • (b)

    to allow development that is of a scale and density that reflects the nature of the recreational use of the zone,

  • (c)

    to allow buildings to be erected that are of a height, scale, density and nature compatible with the surrounding urban form and natural setting of the zone.

Development for the purpose of—

  • bush fire hazard reduction work, drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • animal boarding or training establishments, buildings used in association with landscaping or gardening (including vehicular access to those buildings), maintenance dredging, marinas, passenger transport facilities, places of assembly, recreation areas, recreation facilities, registered clubs, restaurants, roads, tourist facilities, utility installations (except for gas holders or generating works), watercraft facilities.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to recognise the importance of the waterways of Sutherland Shire as an environmental and recreational asset,

  • (b)

    to ensure development is carried out in a way that protects the ecology, scenic value or navigability of the waterways,

  • (c)

    to ensure aquatic environments are not adversely affected by the recreational use of the waterways,

  • (d)

    to allow private development only where it does not reduce or hinder the use of public beaches, intertidal areas or the waterways,

  • (e)

    to provide for viable aquaculture in the waterways.

Development for the purpose of—

  • beach and foreshore protection works by or on behalf of the Council (if authorised by a plan of management under the Local Government Act 1993), moorings.

Development by or on behalf of (or authorised by) the Maritime Authority of NSW for the purpose of—

  • maintenance dredging of navigation channels or access channels that provide water access to a lawful commercial, recreational or public facility, navigation aids.

Development (other than development included in item 2) for the purpose of—

  • aquaculture, beach and foreshore protection works (if carried out by a public authority and authorised by a plan of management under the Local Government Act 1993), berthing areas, ferry operations, marinas, passenger transport facilities, public pedestrian access to facilitate recreational use of the waterway, scientific research associated with native habitats, utility installations (except for gas holders or generating works), watercraft facilities, wildlife refuges.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to preserve valuable bushland that is not suitable for urban development,

  • (b)

    to allow low impact rural and agricultural development that does not have an adverse impact on the natural environment,

  • (c)

    to protect native flora and fauna and wildlife corridors,

  • (d)

    to preserve the scenic value of the zone,

  • (e)

    to maintain the ecological integrity of land in the zone,

  • (f)

    to limit encroaching non-native vegetation,

  • (g)

    to allow development for the purpose of agriculture that is compatible with the natural qualities of the area,

  • (h)

    to ensure habitats are protected for their aesthetic, educational and scientific value as part of Sutherland Shire’s natural heritage.

Development for the purpose of—

  • bush fire hazard reduction work (including allowing vehicular access for emergency services vehicles and other vehicles requiring emergency access), bushland regeneration, drainage.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • apiculture, dwelling houses ancillary to another permissible use, pedestrian access to facilitate the recreational use of the land concerned, roads, scientific research associated with native habitats, utility installations (except for gas holders or generating works), wildlife refuges.

Demolition not included in item 2.

Any development not included in item 2 or 3.

To ensure development in the Woronora Water Catchment is restricted to prevent contamination of the water supply from within the Catchment.

Development for the purpose of—

  • drainage, roads.

Development for any purpose authorised by or under the Water NSW Act 2014.

Development (other than development included in item 2) for the purpose of—

  • utility installations (except for gas holders or generating works).

Any development not included in item 2 or 3.

Note—

Under section 197C of the Fisheries Management Act 1994, a consent authority must take into account matters specified in that section when determining a development application for development in an aquatic reserve. In addition, the consent authority may consent to such development only with the concurrence of the Minister administering that Act.

The objectives of this zone are as follows—

  • (a)

    to conserve marine areas of natural, ecological, scenic, educational, scientific, cultural or historical importance,

  • (b)

    to identify land in Sutherland Shire that is an aquatic reserve under the Fisheries Management Act 1994.

Development for the purpose of beach and foreshore protection works by or on behalf of the Council (if authorised by a plan of management under the Local Government Act 1993).

Development by or on behalf of the Maritime Authority of NSW for the purpose of—

  • maintenance dredging of navigation channels or access channels that provide water access, navigation aids.

Development (other than development included in item 2) for the purpose of—

  • scientific research associated with native habitats, utility installations (except for gas holders or generating works), wildlife refuges.

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to conserve areas of natural, ecological, scenic, educational, scientific, cultural or historical importance to the State,

  • (b)

    to identify land in Sutherland Shire that is or is to be reserved under the National Parks and Wildlife Act 1974.

Any development authorised by or under the National Parks and Wildlife Act 1974.

Nil.

Any development not included in item 2.

The objectives of this zone are as follows—

  • (a)

    to provide land for railway purposes to meet current and future public transport needs,

  • (b)

    to provide for the upgrade, expansion and improvement of rail infrastructure.

Development for the purpose of—

  • bush fire hazard reduction work, cycle access, drainage, pedestrian access, railways.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • community facilities, passenger transport facilities, recreation areas, roads, utility installations (except for gas holders or generating works).

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to provide for an arterial road network to serve Sutherland Shire and the Sydney region,

  • (b)

    to provide for sustainable transport modes.

Development for the purpose of—

  • bush fire hazard reduction work, cycle access, drainage, pedestrian access, roads.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • awnings, car parks, passenger transport facilities, recreation areas, utility installations (except for gas holders or generating works).

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to provide a road network to serve the local and regional needs of the community,

  • (b)

    to provide facilities to serve the needs of cyclists, pedestrians, buses and motor vehicles,

  • (c)

    to provide for sustainable transport modes.

Development for the purpose of—

  • bush fire hazard reduction work, cycle access, drainage, pedestrian access, roads.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • awnings, passenger transport facilities, recreation areas, utility installations (except for gas holders or generating works).

Demolition not included in item 2.

Any development not included in item 2 or 3.

The objectives of this zone are as follows—

  • (a)

    to identify land for the provision of transportation networks and facilities,

  • (b)

    to reserve land identified for transport corridors,

  • (c)

    to encourage the provision of multi-modal transportation and the retention of natural bushland.

Development for the purpose of—

  • bush fire hazard reduction work, cycle access, drainage, pedestrian access, roads.

Exempt development.

Development (other than development included in item 2) for the purpose of—

  • car parks, passenger transport facilities, recreation areas, utility installations (except for gas holders or generating works).

Demolition not included in item 2.

Any development not included in item 2 or 3.

cl 11, table: Am 2006 (684), cl 4; 2009 (10), Sch 1 [1]–[6]; 2014 No 74, Sch 3.36.

12Exempt developmentNote—

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 planning 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 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.

cll 12: Subst 2009 (10), Sch 1 [7]. Am 2010 (293), Sch 1 [1].

13Complying developmentNote—

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

  • (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 planning 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,

  • (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.

cll 13: Subst 2009 (10), Sch 1 [7]. Am 2010 (293), Sch 1 [1].

13AEnvironmentally 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 Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

  • (j)

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

cl 13A: Ins 2009 (10), Sch 1 [7]. Am 2019 (621), Sch 2.34[2].

13BStandards 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 trees which would require the consent or permission of the Council under this plan, unless that permit or consent has been obtained.

cl 13B: Ins 2009 (10), Sch 1 [7].

Part 3Special provisionsDivision 1Provisions that apply to particular land14Exceptions to Zoning Table—specified development on specified land(1)

Despite clause 11, consent may be granted to development specified in Column 2 of the Table to this subclause on corresponding land specified in Column 1 of the Table, subject to any corresponding requirements specified in Column 3 of the Table.

Column 1

Column 2

Column 3

Land

Development for the purpose of the following

Requirements

5–17 Waratah Street, Kirrawee

Motor showroom

101–107 Princes Highway, Sylvania

Motor showroom

108–119 Princes Highway, Sylvania

Motor showroom (not including car parking)

67 Warrangarree Drive, Woronora Heights (Lot 448, DP 814427)

Townhouses

64 Anzac Avenue, Engadine (Lot 2, DP 536426)

Car parking

1–3 Kiora Road, Miranda

Motor showroom with an area set aside exclusively for customer parking

The development must not involve the provision of pedestrian or vehicular access to or from Kumbardang Avenue.

There are to be deceleration lanes to all entry points from The Boulevarde.

154 Flora Street, Sutherland

Business premises

34 Shell Road, Burraneer, comprising permissive occupancy 1966/196 under the Crown Lands (Continued Tenures) Act 1989

Recreation facility, being a sailing club

Zone 22—Arterial Road

Outdoor eating areas ancillary to a restaurant

Advertisements or fixed awnings

The development may only be carried out within the constructed footpath area of the relevant public road and must be ancillary to a lawful use on land adjoining the zone.

104 The Esplanade, Sylvania and the adjoining nature strip of the public road

Inclinator

The development must not obstruct pedestrian or vehicular access on the road or create a hazard to road users. The development must be ancillary to the lawful use of the land on which the residence is located.

97 Soldiers Road, Jannali

Villa houses or townhouses

The development must not result in a floor space ratio greater than 0.45:1.

121 Georges River Road, Jannali

Medical facilities or shop-top housing, or both

The development must not result in a floor space ratio greater than 0.65:1 and the landscaped area of the site of the development must be at least 30% of the area of the site.

533–541 Princes Highway, Kirrawee

Hotel

The development must not result in a floor space ratio greater than 1:1.

(2)

Despite clauses 11 and 17, development for the purpose of a marine travel lift, or a floating pontoon and jetty, may be carried out with consent on any of the following land—

  • (a)

    2–14 Atkinson Road, Taren Point,

  • (b)

    13–21 (including 15A) Mangrove Lane, Taren Point.

Note—

Clause 17 deals with buildings or works on land traversed by a foreshore building line.

Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) (rather than this plan) will apply to the extent that the development is carried out on land referred to in Schedule 1 to that Regional Environmental Plan.

(3)

Despite clause 11, the following land may be used for helicopter landings and take-offs—

  • (a)

    Sutherland Oval, The Grand Parade, Sutherland,

  • (b)

    Waratah Park, Sutherland,

  • (c)

    Heathcote Oval, East Heathcote,

  • (d)

    the old tip site, Illawarra Road, Menai,

but only if the consent authority is satisfied that the land will be used for no more than 10 landings or take-offs for non-emergency situations in any 12 month period.

(4)

Nothing in this plan restricts helicopter landings or take-offs in emergency situations.

(5)

Despite clause 11, development for the purpose of advertisements that is ancillary to the use of the land as a restaurant may be carried out with consent on land in Zone 13—Public Open Space, but only if—

  • (a)

    consent has been granted to the use of the land as a restaurant, and

  • (b)

    the sign on which the advertisement is displayed—

    • (i)

      is attached flush with the part of the building in which the restaurant is located, and

    • (ii)

      does not exceed 0.6 metre in height or 1.5 metres in width, and

    • (iii)

      only displays the name of the restaurant.

(6)

Despite clause 11, the use of land for an outdoor eating area in conjunction with a restaurant may be carried out with consent on land in Zone 13—Public Open Space, but only if—

  • (a)

    consent has been granted to the use of the land as a restaurant, and

  • (b)

    the outdoor eating area immediately adjoins the part of the building in which the restaurant is located.

(7)

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

  • (b)

    the consent relates to development application DA08/0915.

cl 14: Am 2009 (10), Sch 1 [8] [9]; 2012 (151), Sch 1 [1]; 2012 (553), Sch 1 [1]; 2013 (12), cl 4; 2013 (412), Sch 1 [1]; 2013 (669), cl 4 (1).

15Development in Zone 10—Neighbourhood Centre

Despite clause 11, the consent authority may consent to development of land in Zone 10—Neighbourhood Centre (the subject land) that is not otherwise allowed on land in that zone, but is allowed on land in a zone that is adjacent to or adjoins Zone 10—Neighbourhood Centre (an adjoining zone), if the consent authority is satisfied that—

  • (a)

    the subject land is surplus to the current and future needs of the community, or development that is otherwise allowed in the Zone 10—Neighbourhood Centre is not economically viable on the subject land, and

  • (b)

    the proposed development will not prejudice the current and future needs of the community, and

  • (c)

    the proposed development will not adversely affect land in the adjoining zone or the surrounding area of the proposed development or, and

  • (d)

    the proposed development is consistent with the objectives of the adjoining zone.

16Development in Zone 17—Environmental Protection (Low Impact Rural)(1)

This clause applies to land in Zone 17—Environmental Protection (Low Impact Rural).

(2)

Despite clause 11, the consent authority may consent to development on land to which this clause applies if—

  • (a)

    the development is for the purpose of a dwelling house on a lot of land, being a lot that was in existence on 15 December 2000, and, in a case where part of the lot is also zoned for residential purposes, the dwelling is proposed to be located on that part, or

  • (b)

    the development comprises the collection of native vegetation for plant propagation (including seed stock), floristry or the production of oils or fragrances, or

  • (c)

    in the opinion of the consent authority, the proposed development would not involve the clearing of land or alteration of any water course or otherwise have an adverse impact on the natural habitat, scenic quality or bushland character of land in the zone.

17Buildings or works on land traversed by foreshore building line(1)

This clause applies to land that is traversed by a foreshore building line.

(2)

The objectives of this clause are as follows—

  • (a)

    to avoid adverse ecological effects on waterways,

  • (b)

    to protect and enhance significant natural features and vegetation on riparian land,

  • (c)

    to retain endemic vegetation along foreshore areas,

  • (d)

    to restore and revegetate foreshore areas to improve estuarine flora and fauna habitat,

  • (e)

    to minimise any adverse impact from development on water quality and, so far as is practicable, to improve the quality of urban run-off entering waterways,

  • (f)

    to minimise any adverse visual impact of development when viewed from adjacent land and waterways by using a design and materials that complement the natural landscape of the land to which this clause applies,

  • (g)

    to minimise any adverse impact of development on the natural landform of foreshore areas and waterways by integrating structures into the site with minimal change to the natural topography of the land to which this clause applies,

  • (h)

    to achieve an appropriate balance between private development and the public use of waterways,

  • (i)

    to maintain and improve public access to the intertidal area of waterfronts where there will be minimal environmental impact,

  • (j)

    to conserve and enhance structures on waterfronts that are of heritage significance,

  • (k)

    to minimise the obstruction of water views from public land,

  • (l)

    to ensure that there is no development below any foreshore building line, except as provided by this clause.

(3)

In this plan—

foreshore building line, in relation to land (other than land referred to in subclause (4) or (5)), means—

  • (a)

    if a foreshore building line is shown on the map in relation to the land—

    • (i)

      in the case of land that has a deemed mean high water mark—a line across the land that is parallel to, and the distance specified on the map from, that deemed mean high water mark, or

    • (ii)

      in the case of land that does not have a deemed mean high water mark—a line across the land that is parallel to, and the distance specified on the map from, any boundary of the land that adjoins a waterway or waterfront reserve, or

  • (b)

    if a foreshore building line is not shown on the map in relation to the land—

    • (i)

      in the case of land that has a deemed mean high water mark—a line across the land that is parallel to, and 7.5 metres from, the deemed mean high water mark, or

    • (ii)

      in the case of land that does not have a deemed mean high water mark—a line across the land that is parallel to, and 7.5 metres from, any boundary of the land that adjoins a waterway or waterfront reserve.

(4)

In this plan—

foreshore building line, in relation to land at Sandy Point, means—

  • (a)

    the 1 percent annual exceedance probability flood line, or

  • (b)

    a line across the land that is parallel to, and 7.5 metres from, the deemed mean high water mark,

whichever is further inland.

(5)

In this plan—

foreshore building line, in relation to specified land at Illawong or Oyster Bay, means—

  • (a)

    in the case of land that has a deemed mean high water mark—a line across the land that is parallel to, and the distance specified on the map from, that deemed mean high water mark, or

  • (b)

    in the case of land that does not have a deemed mean high water mark—a line across the land that is parallel to, and the distance specified on the map from, the nearest waterway to the land.

(6)

In subclauses (3)–(5)—

deemed mean high water mark, in relation to land, means the mean high water mark, or high water mark, as shown on any plan relating to that land that was registered with the Registrar-General on or before 24 April 1980, being a plan that was current at that date.

Note—

The deemed mean high water mark is not affected by any reclamation of land or other changes that may have occurred since registration of the plan concerned.

specified land at Illawong or Oyster Bay means any of the following land—

  • (a)

    183–187, 189–193, 199A, 203, 207, 207A and 215 Fowler Road, Illawong,

  • (b)

    5–7 and 9–11 Griffin Parade, Illawong,

  • (c)

    47, 51, 83–85, 87–89, 91, 95–97, 103A, 109–111, Caravan Head Road, Oyster Bay,

  • (d)

    85B and 85C Carina Road, Oyster Bay,

  • (e)

    20, 22, 24, 28 and 30 Farrer Place, Oyster Bay,

  • (f)

    15 Shipwright Place, Oyster Bay.

(7)

A building must not be erected, and a work must not be carried out, on land between a foreshore building line and any waterway or waterfront reserve in respect of which the line is fixed.

(8)

Nothing in subclause (7) or clause 11 prevents consent being granted to—

  • (a)

    any alteration (not being an addition) to an existing dwelling that is forward of the foreshore building line, or

  • (b)

    the erection, carrying out of, or an alteration or addition to, an excluded building or work.

(9)

Nothing in subclause (7) or clause 11 prevents consent being granted to the erection of a dwelling, or any addition to an existing dwelling, on land between a foreshore building line and any waterway or waterfront reserve in respect of which the line is fixed if—

  • (a)

    the consent authority has considered the objectives of this clause, and

  • (b)

    the consent authority is satisfied that—

    • (i)

      the new dwelling or addition will not be erected any further forward of the foreshore building line than any existing dwelling on the land, and

    • (ii)

      the new dwelling will not dominate the locality in which it is erected as a result of its height, bulk, design, colour or detailing, and

    • (iii)

      the natural qualities of the foreshore are retained or restored as far as practicable through the retention or reinstatement of natural levels and endemic vegetation, and

    • (iv)

      in the case of the erection of a dwelling—there is no reasonable alternative that would allow a new dwelling to be located behind the foreshore building line.

(10)

In this clause—

excluded building or work means any of the following—

  • (a)

    a boat shed,

  • (b)

    a watercraft facility,

  • (c)

    an in-ground swimming pool that is no higher than 300 millimetres above ground level at any point,

  • (d)

    a work to enable pedestrian access,

  • (e)

    landscaping,

  • (f)

    a barbecue,

  • (g)

    a utility installation (except for a gas holder or generating works).

riparian land means—

  • (a)

    submerged land, or

  • (b)

    land that adjoins, directly influences or is directly influenced by a body of water, and the body of water itself.

18Development in or adjacent to waterways(1)

This clause applies to any of the following land—

  • (a)

    land in Zone 16—Environmental Protection (Waterways),

  • (b)

    land traversed by a foreshore building line,

  • (c)

    land below the mean high water mark.

    Note—

    The mean high water mark referred to here is the mean high water mark as it currently exists.

(2)

The objectives of this clause are as follows—

  • (a)

    to ensure that any development does not result in the obstruction or interference with navigation in waterways,

  • (b)

    to ensure restoration of land below any foreshore building line, to a natural state (so far as is practicable), with a minimum intrusion of man-made structures,

  • (c)

    to reduce the number of structures below any foreshore building line, particularly following the redevelopment of a site,

  • (d)

    to promote the public use of intertidal areas below the mean high water mark or high water mark, where appropriate.

(3)

The consent authority must not consent to development on land to which this clause applies unless the consent authority is satisfied that the following building or work will be removed before, or within a reasonable time after, the development is carried out—

  • (a)

    any building or work, other than an excluded building or work, that is—

    • (i)

      on the lot concerned or an adjoining lot owned by the person carrying out the development, or on adjacent land that person occupies under a lease or a licence, and

    • (ii)

      between a foreshore building line and any waterway or waterfront reserve in respect of which the line is fixed,

  • (b)

    any building or work (other than a watercraft facility) that is—

    • (i)

      on the lot concerned or on an adjoining lot that is owned by a person carrying out the development, or on adjacent land that person occupies under a lease or a licence, and

    • (ii)

      below the mean high water mark.

(4)

Subclause (3) does not require the removal of any building or work if—

  • (a)

    the proposed development is the erection or installation of any of the following—

    • (i)

      a fence or retaining wall between a dwelling and the street on which the dwelling is located,

    • (ii)

      a garage or carport adjacent to a dwelling or located between a dwelling and the street on which the dwelling is located,

    • (iii)

      a deck or verandah,

    • (iv)

      an awning or canopy, or

  • (b)

    the consent authority is satisfied that the use of the building or work is lawful, or

  • (c)

    the consent authority is satisfied that the removal of the building or work—

    • (i)

      would be inconsistent with, or is not necessary to achieve, any of the objectives of this clause, or

    • (ii)

      is unreasonable or unnecessary in the circumstances of the case.

(5)

In this clause—

excluded building or work has the same meaning as it has in clause 17.

cl 18: Am 2009 (10), Sch 1 [10].

19Biodiversity—wetlands

The consent authority must not consent to development on wetlands unless it has considered the following matters that are of relevance to the development—

  • (a)

    any potential that the proposed development has to fragment, pollute, disturb or diminish the values of wetlands,

  • (b)

    the extent to which the proposed development will restore, protect or maintain ecological processes, natural systems and biodiversity within wetlands,

  • (c)

    the extent to which the proposed development will incorporate best practice environmental design measures to maintain or improve the sustainability of wetlands,

  • (d)

    the extent to which the proposed development will restore existing degraded wetlands or water sources to compensate for the loss or degradation of those wetlands or water sources,

  • (e)

    in the case of land that is also bush fire prone land—the extent to which fire management regimes will be in place, and bush fire hazard reduction techniques will be used, that are appropriate in terms of their impact on wetlands.

20Flood planning(1)

The objectives of this clause are as follows—

  • (a)

    to minimise the flood risk to life and property associated with the use of land,

  • (b)

    to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

  • (c)

    to avoid significant adverse impacts on flood behaviour and the environment.

(2)

This clause applies to—

  • (a)

    land that is shown as “Flood planning area” on the Flood Planning Map, and

  • (b)

    other land at or below the flood planning level.

(3)

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—

  • (a)

    is compatible with the flood hazard of the land, and

  • (b)

    will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

  • (c)

    incorporates appropriate measures to manage risk to life from flood, and

  • (d)

    will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

  • (e)

    is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4)

A word or expression used in this clause has the same meaning as it has in the Flood Risk Management Manual, unless it is otherwise defined in this clause.

(5)

In this clause—

flood planning level means the level of 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

cl 20: Subst 2010 (293), Sch 1 [2]. Am 2023 (609), Sch 2.23[1] [2].

21Environmental risk—bush fire

The consent authority must not consent to development on bush fire prone land unless it has considered the following matters that are of relevance to the development—

  • (a)

    the extent to which the proposed development will achieve an appropriate balance between the conservation of the natural environment and the provision of appropriate bush fire protection measures,

  • (b)

    the risk of bush fire to life, property or the environment,

  • (c)

    the extent to which any proposed buildings will be constructed using techniques and materials to maximise their resistance to bush fire,

  • (d)

    whether adequate measures will be in place to enable the safe evacuation of people from the land, and enable access to that land by emergency services, during a bush fire,

  • (e)

    the intensity of the existing and proposed use of the land,

  • (f)

    the need to restrict vulnerable development on the land.

Note—

Section 79BA of the Act and the Rural Fires Act 1997 also make provision for the carrying out of development on bush fire prone land.

22Environmental risk—contaminated land management(1)

This clause applies to land that is, or in the opinion of the consent authority is likely to be, contaminated land (within the meaning of Part 7A of the Act).

(2)

The consent authority must not consent to development on land to which this clause applies unless the consent authority is satisfied that the development will be carried out in a manner that minimises, manages or eliminates risk to human health and the environment.

23Environmental risk—acid sulfate soils(1)

The objectives of this clause are as follows—

  • (a)

    to manage any disturbance to acid sulfate soils so as to minimise impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities,

  • (b)

    to require development consent for works that would disturb soils or groundwater levels on land identified as having, or potentially having, acid sulfate soils,

  • (c)

    to require special assessment of certain development on land identified as being subject to risks associated with the disturbance of acid sulfate soils.

(2)

Development consent is required for the carrying out of works described in the Table to this subclause on land of the class specified for those works, except as provided by this clause.

Class of land as shown on Acid Sulfate Soils Map

Works

1

Any works.

2

Works below the natural ground surface.

Works by which the watertable is likely to be lowered.

3

Works beyond 1 metre below the natural ground surface.

Works by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface.

4

Works beyond 2 metres below the natural ground surface.

Works by which the watertable is likely to be lowered beyond 2 metres below the natural ground surface.

5

Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that are likely to lower the watertable below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

(3)

Consent must not to be granted under this clause unless—

  • (a)

    an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Guidelines and has been provided to the consent authority, and

  • (b)

    (Repealed)

  • (c)

    the consent authority has considered the likelihood of the proposed works resulting in the discharge of acid water, and

  • (d)

    the consent authority is satisfied that any disturbance of acid sulfate soils resulting from the proposed works will be managed so as to minimise impacts on natural waterbodies, wetlands, native vegetation, agriculture, fishing, aquaculture and urban and infrastructure activities.

(4)

Consent is not required under this clause for the carrying out of works if—

  • (a)

    a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Guidelines indicates that an acid sulfate soils management plan need not be carried out for the works, and

  • (b)

    the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

(5)

This clause does not require consent to carry out any works unless—

  • (a)

    the works involve the disturbance of more than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including swimming pools) or foundations, or flood mitigation works, or

  • (b)

    the works are likely to lower the water table.

cl 23: Am 2008 (571), Sch 3.167 [1].

24Environmental risk—nuclear research reactor at Lucas Heights Science and Technology Centre(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.

(2)

The consent authority must not consent to development on land to which this clause applies unless it has considered the following matters that are of relevance to the development—

  • (a)

    any risk of radiation to life or property on the site of the proposed development,

  • (b)

    the extent to which residential densities on the site and on the land as a whole should be limited to minimise the risk to life or property,

  • (c)

    whether adequate measures will be in place to enable the safe evacuation of people from the land, and enable access to that land by emergency services, during an emergency,

  • (d)

    the intensity of the existing and proposed use of the land,

  • (e)

    the need to restrict vulnerable development on the land,

  • (f)

    any recommendations of the Australian Radiation Protection and Nuclear Safety Agency or Australian Nuclear Science and Technology Organisation relating to development on the land.

cl 24: Am 2009 (10), Sch 1 [11].

25Classification and reclassification of public land(1)

The objective of this clause is to enable the Council, by means of this plan, to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 4—

  • (a)

    does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

  • (b)

    continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant classification plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

  • (a)

    those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

  • (b)

    any reservations that except land out of the Crown grant relating to the land, and

  • (c)

    reservations of minerals (within the meaning of the Crown Land Management Act 2016).

(6)

In this clause, the relevant classification plan, in relation to land described in Part 2 of Schedule 4, means this plan or, if the description of the land is inserted into that Part by another environmental planning instrument, that instrument.

(7)

Before the relevant classification plan inserted a description of land into Part 2 of Schedule 4, the Governor approved of subclause (5) applying to the land.

cl 25: Am 2019 (621), Sch 2.34[3].

26Acquisition of land(1)

The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State indicated in Column 2 of the Table to this clause in relation to the land specified in Column 1 of the Table (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

(3)

A reference to vacant land in the Table to this clause is a reference to land on which there are no buildings, except for aviaries, barns, conservatories, cycle sheds, fences, fowl houses, fuel sheds, garages, greenhouses, hay sheds, milking bails, pig sties, private boat houses, stables, summer houses, tool houses or similar buildings.

Column 1

Column 2

Land

Authority of the State

Zone 12—Special Uses and lettered “Community Facility” on the map

The Council

Zone 12—Special Uses and lettered “Parking” on the map

The Council

Zone 13—Public Open Space (except for land specified in Schedule 5)

The Council

Zone 14—Public Open Space (Bushland) (except for land specified in Schedule 5)

The Council

Land specified in Schedule 5 that is in Zone 13—Public Open Space or Zone 14—Public Open Space (Bushland)

The corporation

Zone 21—Railway

Rail Corporation New South Wales

Zone 22—Arterial Road or Zone 24—Transport Reservation—

  • (a)

    vacant land and not on the 5 year works program of the Roads and Traffic Authority, or

The corporation

  • (b)

    in any other case

Roads and Traffic Authority

Zone 23—Road

The Council

27Development on land referred to in clause 26 before acquired or used for purpose for which reserved(1)

This clause applies to land referred to in Column 1 of the Table to clause 26 that has not been acquired by the relevant authority of the State under the Land Acquisition (Just Terms Compensation) Act 1991.

(2)

Consent for development on land to which this clause applies may be granted only if—

  • (a)

    (Repealed)

  • (b)

    the development is of a kind, or is compatible with development of a kind, that may be carried out on land in an adjoining zone, and

  • (c)

    the development concerned is not designated development, and

  • (d)

    any use of the land that is authorised if development consent is granted will cease no later than 5 years after consent is granted.

(3)

(Repealed)

(4)

Before granting consent to proposed development on land to which this clause applies, the consent authority must take the following matters into consideration—

  • (a)

    any impact of the proposed development on traffic movements and parking,

  • (b)

    any impact of the proposed development on existing pedestrian movements,

  • (c)

    any visual impact of the proposed development (including any proposed installation of advertisements),

  • (d)

    the need to carry out development on the land for the purpose for which it is reserved,

  • (e)

    the imminence of acquisition by the authority of the State,

  • (f)

    the likely additional cost to the authority of the State resulting from the carrying out of the proposed development.

(5)

Development on land acquired by an authority of the State under clause 26 may, before it is used for the purpose for which it is reserved, be carried out, with consent, for any purpose.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

local government or community housing provider means—

  • (a)

    a local government organisation, or a not-for-profit organisation, that is a direct provider of housing to tenants receiving government housing subsidies, or

  • (b)

    an organisation approved by the Minister for Housing as a community housing provider.

maintenance, in relation to a heritage item or archaeological site or place of Aboriginal heritage significance, means ongoing protective care. It does not include the removal or disturbance of existing fabric, alterations, such as (in the case of a building) carrying out extensions or additions, or the introduction of new materials or technology.

maintenance dredging means the winning, or removal, and disposal of extractive material from the bed of a tidal waterway or access channel to enable the waterway or access channel—

  • (a)

    to continue to function as a tidal waterway or access channel, or

  • (b)

    to resume its function as a tidal waterway or access channel.

marina means an arrangement of pontoons, jetties or the like, used as a business for providing moorings for boats, together with associated facilities, such as the following—

  • (a)

    slipways,

  • (b)

    facilities for the repair, maintenance or fuelling of, or the provision of accessories and parts for, boats,

  • (c)

    facilities for the storage or provision of food,

  • (d)

    offices.

maritime activity means the use of land for the primary purpose of—

  • (a)

    constructing, maintaining or selling boats and ancillary equipment, or

  • (b)

    any other maritime business,

but does not include the use of land for the purpose of a marina.

medical facility means a building or place used for the medical or surgical treatment of persons, whether public or private, including any of the following—

  • (a)

    any associated shop or dispensary,

  • (b)

    a hospital (other than a psychiatric hospital),

  • (c)

    a sanatorium,

  • (d)

    a health centre,

  • (e)

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

but does not include any part of a correctional centre used for the medical or surgical treatment of persons.

mezzanine means an intermediate floor within a room.

mixed use premises means a building that is used both for a land use having a residential purpose and for another non-residential land use that is permissible with or without consent.

mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel.

motel means a building or buildings used for temporary overnight accommodation, whether or not the building or buildings is or are also used in the provision of meals to travellers or the general public.

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

natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

navigation aids means buoys, signs, poles and lights located on or in a waterway, or on land, in Sutherland Shire that are designed to assist the safe and efficient movement of vessels on the waterway.

nightclub means premises specified in a nightclub licence under the Liquor Act 1982.

offensive industry means any development for the purpose of an industry that would, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality) emit a polluting discharge (including, for example, noise) in a manner that, in the opinion of the consent authority, would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

passenger transport facility means a building or place used for the assembly, interchange or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.

permanent group home means a dwelling—

  • (a)

    used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

  • (b)

    occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,

but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.

place of Aboriginal heritage significance means an area of land, identified in the Council’s Aboriginal Cultural Heritage Study, that is—

  • (a)

    the site of 1 or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

  • (b)

    a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

place of assembly means any building or place that comprises (or is of a like character to) any of the following, within the meaning of the Local Government Act 1993, whether or not used for the purpose of financial gain—

  • (a)

    a theatre or public hall,

  • (b)

    a drive-in theatre,

  • (c)

    an open-air theatre,

but does not include any building or place comprising or within a correctional centre, an educational establishment or a place of public worship.

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.

public road has the same meaning as in the Act.

public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act—

  • (a)

    railway, road transport, water transport, air transport, wharf or river undertakings,

  • (b)

    undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.

radio communications facility means a base station, radio communications link, satellite-based facility or radio communications transmitter.

recreation area means a place used for indoor or outdoor recreation (other than a racecourse or showground) for members of the public that comprises any of the following (whether or not used for the purposes of financial gain)—

  • (a)

    open space for passive recreation activities,

  • (b)

    a children’s playground,

  • (c)

    a place used for sporting activities or that contains sporting facilities,

  • (d)

    a place that contains facilities for recreational activities that promote the physical, cultural or intellectual development of persons within the community, being facilities provided by the Council, or by persons that are associated, or by a body incorporated, for the purposes of such development of persons.

recreation facility means a building or place used for indoor or outdoor recreation that is provided for the purpose of financial gain that comprises or is of a like character to any of the following—

  • (a)

    an amusement centre,

  • (b)

    a billiard saloon,

  • (c)

    a bowling alley,

  • (d)

    a golf driving range,

  • (e)

    a gymnasium,

  • (f)

    a health studio,

  • (g)

    squash courts,

  • (h)

    a swimming pool,

  • (i)

    a table tennis centre,

  • (j)

    tennis courts.

registered club means a club in respect of which a certificate of registration under the Registered Clubs Act 1976 is in force.

relic means any deposit, object or other material evidence of human habitation—

  • (a)

    that relates to the settlement of Sutherland Shire, not being Aboriginal settlement, and

  • (b)

    that is more than 50 years old, and

  • (c)

    that is a fixture or is wholly or partly within the ground.

repair centre means a building or place used in association with the operation of a waste recycling and management centre or waste depot and at which materials and goods can be retrieved, repaired or refurbished for re-use in the community.

residential building means a building (such as a dwelling house, residential flat building or boarding house) that is solely or principally used for residential purposes, and includes any structure (such as a garage or shed) that is ancillary to such a building, but does not include any of the following—

  • (a)

    a building that merely forms part of a complex of buildings (such as a school or recreation centre) that is principally used for non-residential purposes,

  • (b)

    a moveable dwelling,

  • (c)

    a hotel,

  • (d)

    a motel.

residential development means development for residential purposes, including any of the following—

  • (a)

    the erection or use of a dwelling house, a dual occupancy, a villa house, a townhouse, a residential flat building, a group home,

  • (b)

    the carrying out of subdivision for residential purposes,

  • (c)

    a combination of the development referred to in paragraphs (a) and (b).

residential flat building means a building containing, 3 or more dwellings but does not include seniors housing, a townhouse or a villa house.

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.

restaurant means a building or place having as its principal purpose the provision and retail of food for consumption on the premises, but does not include a nightclub.

road includes any bridge forming part of a road.

Road Hierarchy Map means the Road Hierarchy Map contained in the development control plan.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

safety fence means the assembly of components, natural or otherwise that forms the barrier to a swimming pool (exclusive of any gates), such as posts and panels, walls, and sides of buildings, where they form part of the barrier.

seniors housing has the same meaning as in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—

  • (a)

    the ancillary sale by retail of spare parts and accessories for motor vehicles,

  • (b)

    the cleaning of motor vehicles,

  • (c)

    the installation of accessories,

  • (d)

    the inspection, repair or servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

  • (e)

    the ancillary retail selling or hiring of general merchandise or services.

service support industry means the repair and maintenance of office or household goods for financial gain.

sex shop means a building used for the purpose of either of the following—

  • (a)

    the sale, or the showing, exhibiting or displaying for financial gain, of films or publications classified Category 1 restricted or Category 2 restricted under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth,

  • (b)

    a business to which section 578E of the Crimes Act 1900 applies.

shop means a building or place used for the purpose of display, sale, hire, auction, processing of goods or materials, or like or ancillary activities, but in clause 11 (Zoning Table) does not include bulky goods premises, a convenience store, a food shop, a junk yard, a motor showroom, a service station or a sex shop.

shop-top housing means 1 or more dwellings located above the ground floor of a building, being a building in which a non-residential land use that is permissible with or without consent is carried out on the ground floor.

significant landform means an area of land that is—

  • (a)

    specified in the inventory of items, known as the Sutherland Shire Heritage Inventory, available at the office of the Council, and

  • (b)

    described as a significant landform in Schedule 6.

significant tree means a tree that is—

  • (a)

    specified in the inventory of items, known as the Sutherland Shire Heritage Inventory, available at the office of the Council, and

  • (b)

    described as a significant tree in Schedule 6.

storey means a space within a building situated between one floor level and the floor level above, or the ceiling or roof above, and includes the space within the following—

  • (a)

    foundation areas, garages, workshops, storerooms, basements and the like, whose external walls have a height of more than 1 metre, as measured vertically from the ground level immediately below,

  • (b)

    an attic within a residential building, but only if—

    • (i)

      the roof of the attic is pitched from more than 300mm above the floor of the attic or at an angle of more than 35 degrees, or

    • (ii)

      the area of the attic exceeds 60 percent of the floor space of the floor level below.

street or traffic sign includes a street name plate, a directional sign and an advance traffic warning sign.

subdivision of land has the same meaning as in the Act.

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.

swimming enclosure means a body of water, not being a swimming pool, that is enclosed by a fence or netting and is used by members of the public for the purpose of swimming, wading, paddling or any other form of human aquatic activity.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

    any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.

telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of electromagnetic energy.

tennis court (private) means a tennis court that is ancillary to a residential building and used solely for the purpose of private recreational enjoyment and not for financial gain.

the Act means the Environmental Planning and Assessment Act 1979.

the corporation means the corporation constituted by section 8 (1) of the Act.

the Council means the Council of Sutherland Shire.

the map means the series of zoning maps marked “Sutherland Shire Local Environmental Plan 2006”, as amended by the maps (or specified sheets of maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 4)—Zoning

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)—Sheets 2, 15–50 and 52–57

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 8)—Sheets 1 and 4–6

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 9)—Sheets 1–3

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 12)—Sheets 1 and 2

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 14)

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 17)—Sheets 1 and 2

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 21)

tidal waterway means a channel or passage within a body of water, where the tide ebbs and flows and where there is sufficient width and depth for—

  • (a)

    tidal flow, or

  • (b)

    travel or transport by a safe navigation route.

tourist facilities means a building or place intended to be used by tourists or holidaymakers for the purposes of accommodation, sport or recreation, including—

  • (a)

    hotels and motels, and

  • (b)

    shops attached to or within the building or at the place.

tourist information centre means a building or place owned or managed by the Council (other than a restaurant) at which tourist-related services, facilities and information to the community are provided, including any of the following—

  • (a)

    leaflets relating to, and booking services for, tourist destinations and accommodation,

  • (b)

    retail sales of souvenirs, gifts and the like,

  • (c)

    toilets or change facilities for tourists.

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.

transitional group home means a dwelling—

  • (a)

    used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

  • (b)

    occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,

but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

tree includes a sapling or shrub.

utility installation means a building, work or place used for a public utility undertaking, but does not include a building used wholly or principally as administrative or business premises or as a showroom, workshop or depot.

vehicle and mechanical repair premises means a building or place used for the purpose of carrying out repairs to motor vehicles or machinery, including watercraft, and engines.

vehicle rental centre means a building or place used to rent out vehicles and service those vehicles.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

villa house means a single storey dwelling on a lot of land containing 3 or more dwellings, where each dwelling has an individual entrance and there is open space at ground level for the exclusive use of the occupants of the dwelling.

vulnerable development means the erection or use of buildings whose occupants, in the opinion of the consent authority, are likely to need a high level of assistance during a bush fire or flood, including—

  • (a)

    a building used for a special fire protection purpose (within the meaning of section 100B of the Rural Fires Act 1997), and

  • (b)

    accommodation for people with health and mobility problems, including aged and disabled housing and medical facilities with short term or long term accommodation.

warehouse means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made.

waste recycling and management centre means a building or place used for the recycling of, or recovery of materials (other than sludge-like materials) from, waste materials, where the recycling or recovery involves the following—

  • (a)

    separating and sorting of the waste materials,

  • (b)

    processing of the waste materials (for example, by baling, crushing, shredding or composting),

  • (c)

    transferring or selling recyclable or recovered materials following separation, sorting and processing,

but does not involve remanufacturing, chemical processing or incineration of waste materials.

watercraft facility means a pontoon, suspended ramp (being a ramp that connects a pontoon to a jetty), jetty, wharf or the like that facilitates access to recreational vessels for embarking and disembarking of passengers and the transfer of goods, but does not include a marina.

waterfront reserve means an area of land that adjoins a waterway and is in Zone 13—Public Open Space or Zone 14—Public Open Space (Bushland).

wetland means an area of land identified on the map marked “Sutherland Shire Local Environmental Plan 2006—Wetlands”, as amended by the maps (or the specified sheets of maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.

  • Sutherland Shire Local Environmental Plan 2006 (Amendment No 14)—Wetlands

wildlife refuge means a building or place used for preserving, conserving, propagating and studying wildlife, but does not include an animal boarding or training establishment, a veterinary hospital or a zoo.

Dictionary: Am 2008 (630), Sch 2 [2] [3]; 2009 (10), Sch 1 [30]–[37]; 2010 (293), Sch 1 [8]–[11]; 2010 (403), Sch 1 [3]–[5]; 2012 (95), cl 4; 2012 (151), Sch 1 [13]–[17]; 2012 (553), Sch 1 [4]–[6]; 2013 (183), Sch 1 [2]–[6]; 2013 (216), cl 4; 2013 (514), cl 4; 2013 (669), cl 4 (2); 2022 (72), Sch 1.53[2]; 2023 (83), Sch 1.7[4].

Historical notesTable of amending instruments

Sutherland Shire Local Environmental Plan 2006 (669). GG No 138 of 15.11.2006, p 9577. Date of commencement, the day occurring 14 days after the date of its publication in the Gazette, cl 2. This plan has been amended as follows—

2006

(684)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 1). GG No 146 of 24.11.2006, p 9996.

Date of commencement, on gazettal.

2007

No 27

Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007.

Date of commencement of Sch 2, assent, sec 2 (2).

(333)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 3). GG No 90 of 13.7.2007, p 4520.

Date of commencement, on gazettal.

(463)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 2). GG No 116 of 7.9.2007, p 6983.

Date of commencement, on gazettal.

2008

(185)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 5). GG No 68 of 13.6.2008, p 4804.

Date of commencement, on gazettal.

(571)

State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946.

Date of commencement, 15.12.2008, cl 3.

(630)

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (Amendment No 4). GG No 158 of 19.12.2008, p 12619.

Date of commencement, 1.1.2009, cl 2.

2009

(10)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 4). GG No 8 of 9.1.2009, p 165.

Date of commencement, on gazettal.

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 2.70, 17.7.2009, sec 2 (2).

(465)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 7). LW 11.9.2009.

Date of commencement, on publication on LW, cl 2.

2010

(293)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 6). LW 25.6.2010.

Date of commencement, on publication on LW, cl 2.

(403)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 8). LW 30.7.2010.

Date of commencement, on publication on LW, cl 2.

2012

(95)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 11). LW 9.3.2012.

Date of commencement, on publication on LW, cl 2.

(151)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 9). LW 13.4.2012.

Date of commencement, on publication on LW, cl 2.

(553)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 12). LW 9.11.2012.

Date of commencement, on publication on LW, cl 2.

No 95

Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012.

Date of commencement of Sch 3, 4.1.2013, sec 2 (1).

2013

(12)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 13). LW 18.1.2013.

Date of commencement, on publication on LW, cl 2.

(183)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 14). LW 3.5.2013.

Date of commencement, on publication on LW, cl 2.

(216)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 17). LW 17.5.2013.

Date of commencement, on publication on LW, cl 2.

(412)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 15). LW 2.8.2013.

Date of commencement, on publication on LW, cl 2.

(514)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 19). LW 30.8.2013.

Date of commencement, on publication on LW, cl 2.

(669)

Sutherland Shire Local Environmental Plan 2006 (Amendment No 21). LW 29.11.2013.

Date of commencement, on publication on LW, cl 2.

2014

No 74

Water NSW Act 2014. Assented to 11.11.2014.

Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014.

2015

(417)

State Environmental Planning Policy Amendment (Heathcote Ridge West Menai) 2015. LW 27.7.2015.

Date of commencement, on publication on LW, cl 2.

2019

(621)

State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Sch 2.34, 15.1.2020, cl 2(1).

(659)

State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019.

Date of commencement, 1.2.2020, cl 2.

2020

(69)

State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW 28.2.2020.

Date of commencement, 1.3.2020, cl 2.

(724)

State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020.

Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020.

2021

(716)

State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

(72)

State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022.

Date of commencement, on publication on LW, sec 2.

(629)

State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, sec 2.

(2023)

(83)

State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023.

Date of commencement, 1.5.2023, sec 2.

(524)

State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, sec 2.

(554)

State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023.

Date of commencement, 1.10.2023, sec 2.

(609)

State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023.

Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 3

Am 2020 (724), Sch 2[1].

Cl 4

Am 2015 (417), Sch 1 [1].

Cl 7

Am 2019 (659), Sch 1.33[1].

Cl 8

Am 2007 (333), cl 4; 2008 (630), Sch 2 [1]; 2012 No 95, Sch 3.

Cl 9

Am 2013 (183), Sch 1 [1]; 2019 (621), Sch 2.34[1].

Cl 11, table

Am 2006 (684), cl 4; 2009 (10), Sch 1 [1]–[6]; 2014 No 74, Sch 3.36.

Cll 12, 13

Subst 2009 (10), Sch 1 [7]. Am 2010 (293), Sch 1 [1].

Cl 13A

Ins 2009 (10), Sch 1 [7]. Am 2019 (621), Sch 2.34[2].

Cl 13B

Ins 2009 (10), Sch 1 [7].

Cl 14

Am 2009 (10), Sch 1 [8] [9]; 2012 (151), Sch 1 [1]; 2012 (553), Sch 1 [1]; 2013 (12), cl 4; 2013 (412), Sch 1 [1]; 2013 (669), cl 4 (1).

Cl 18

Am 2009 (10), Sch 1 [10].

Cl 20

Subst 2010 (293), Sch 1 [2]. Am 2023 (609), Sch 2.23[1] [2].

Cl 23

Am 2008 (571), Sch 3.167 [1].

Cl 24

Am 2009 (10), Sch 1 [11].

Cl 25

Am 2019 (621), Sch 2.34[3].

Cl 27

Am 2008 (571), Sch 3.167 [2] [3].

Cl 33

Am 2009 (10), Sch 1 [12]; 2009 (465), Sch 1 [1].

Cl 34

Am 2009 (10), Sch 1 [12].

Cl 35

Am 2009 (10), Sch 1 [13]–[15]; 2012 (553), Sch 1 [2] [3].

Cl 36

Am 2009 (10), Sch 1 [16]–[18]; 2012 (151), Sch 1 [2]–[4].

Cl 39

Am 2009 (10), Sch 1 [19].

Cl 40

Subst 2009 (10), Sch 1 [20]. Am 2009 (465), Sch 1 [2]; 2010 (293), Sch 1 [3].

Cl 43

Rep 2009 (10), Sch 1 [21].

Cl 54

Am 2008 (571), Sch 3.167 [4]–[7]; 2021 (716), Sch 1.38.

Cl 57

Am 2009 (10), Sch 1 [22]–[25]; 2009 No 56, Sch 2.70 [1] [2]; 2009 (465), Sch 1 [3].

Cl 58

Ins 2009 (10), Sch 1 [26]. Am 2023 (83), Sch 1.7[1] [2]; 2023 (524), Sch 1.1[2]; 2023 (609), Sch 2.23[3] [4].

Cl 58A

Ins 2019 (659), Sch 1.33[2]. Am 2023 (524), Sch 1.1[1].

Cl 58B

Ins 2020 (69), Sch 1.10[1].

Cl 58C

Ins 2020 (724), Sch 3.

Cl 58D

Ins 2022 (629), Sch 2[3].

Cl 58E

Ins 2022 (629), Sch 2[4].

Part 4

Ins 2015 (417), Sch 1 [2].

Cl 59

Ins 2015 (417), Sch 1 [2].

Cl 60

Ins 2015 (417), Sch 1 [2].

Cl 61

Ins 2015 (417), Sch 1 [2].

Cl 62

Ins 2015 (417), Sch 1 [2].

Cl 63

Ins 2015 (417), Sch 1 [2].

Cl 64

Ins 2015 (417), Sch 1 [2].

Cl 65

Ins 2015 (417), Sch 1 [2].

Cl 66

Ins 2015 (417), Sch 1 [2].

Cl 67

Ins 2015 (417), Sch 1 [2].

Cl 68

Ins 2015 (417), Sch 1 [2].

Cl 69

Ins 2015 (417), Sch 1 [2].

Cl 70

Ins 2015 (417), Sch 1 [2].

Cl 71

Ins 2015 (417), Sch 1 [2].

Cl 72

Ins 2015 (417), Sch 1 [2]. Am 2023 (524), Sch 1.1[1]; 2023 (554), Sch 2.38[1].

Cl 73

Ins 2015 (417), Sch 1 [2].

Cl 74

Ins 2015 (417), Sch 1 [2].

Cl 75

Ins 2015 (417), Sch 1 [2].

Cl 76

Ins 2015 (417), Sch 1 [2].

Cl 77

Ins 2015 (417), Sch 1 [2].

Cl 78

Ins 2015 (417), Sch 1 [2].

Cl 79

Ins 2015 (417), Sch 1 [2]. Am 2022 (72), Sch 1.53[1].

Cl 80

Ins 2015 (417), Sch 1 [2]. Rep 2023 (554), Sch 2.38[2].

Cl 81

Ins 2015 (417), Sch 1 [2].

Cl 82

Ins 2015 (417), Sch 1 [2]. Am 2019 (621), Sch 2.34[4].

Sch 1

Rep 2012 No 95, Sch 3.

Sch 2

Subst 2009 (10), Sch 1 [27]. Am 2010 (293), Sch 1 [4]. Subst 2013 (412), Sch 1 [2].

Sch 3

Subst 2009 (10), Sch 1 [28]. Am 2010 (293), Sch 1 [4]; 2020 (69), Sch 1.10[2]; 2023 (83), Sch 1.7[3].

Sch 4

Am 2007 (463), Sch 1; 2008 (185), cl 4; 2010 (293), Sch 1 [5] [6]; 2010 (403), Sch 1 [1]; 2012 (151), Sch 1 [5] [6]; 2013 (412), Sch 1 [3] [4].

Sch 6

Am 2007 No 27, Sch 2.52. Subst 2009 (10), Sch 1 [29]. Am 2009 (465), Sch 1 [4]–[10]; 2010 (293), Sch 1 [7]; 2010 (403), Sch 1 [2]; 2012 (151), Sch 1 [7]–[12].

Dictionary

Am 2008 (630), Sch 2 [2] [3]; 2009 (10), Sch 1 [30]–[37]; 2010 (293), Sch 1 [8]–[11]; 2010 (403), Sch 1 [3]–[5]; 2012 (95), cl 4; 2012 (151), Sch 1 [13]–[17]; 2012 (553), Sch 1 [4]–[6]; 2013 (183), Sch 1 [2]–[6]; 2013 (216), cl 4; 2013 (514), cl 4; 2013 (669), cl 4 (2); 2022 (72), Sch 1.53[2]; 2023 (83), Sch 1.7[4].

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