Sutherland Shire Local Environmental Plan 2015 (NSW)

Case
No judgment structure available for this case.

Part 1Preliminary1.1Name of Plan

This Plan is Sutherland Shire Local Environmental Plan 2015.

1.1AACommencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Sutherland Shire in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular 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 deliver the community’s vision for Sutherland Shire by achieving an appropriate balance between development and management of the environment that will be ecologically sustainable, socially equitable and economically viable,

  • (b)

    to establish a broad planning framework for controlling development, minimising adverse impacts of development, protecting areas from inappropriate development and promoting a high standard of urban design,

  • (c)

    to protect and enhance the amenity of residents, workers and visitors in all localities throughout Sutherland Shire,

  • (d)

    to minimise risk to life, property and the environment from hazards, particularly bush fires, flooding and climate change,

  • (e)

    to concentrate development in localities with adequate infrastructure that is accessible to transport and centres,

  • (f)

    to protect and enhance the natural environment and scenic quality of the Sutherland Shire through the retention and rehabilitation of wildlife habitats, wildlife corridors, bushland, foreshores and waterways,

  • (g)

    to conserve, protect and enhance the environmental and cultural heritage of Sutherland Shire,

  • (h)

    to provide leisure and recreation opportunities to suit the needs of the changing population,

  • (i)

    to meet the future housing needs of the population of Sutherland Shire.

1.3Land to which Plan applies(1)

This Plan applies to the land identified on the Land Application Map.

(1A)

Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.

1.4Definitions

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

1.5Notes

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

1.6Consent authority

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

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

  • (a)

    approved by the local plan-making authority when the map is adopted, and

  • (b)

    as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

Note.

While the following environmental planning instruments no longer apply to the land to which this Plan applies, they continue to apply to the land identified as “Deferred matter” under clause 1.3(1A)—

  • State Environmental Planning Policy (Precincts—Central River City) 2021, Chapter 5

  • Sutherland Shire Local Environmental Plan 2006

cl 1.8: Am 2022 (72), Sch 1.54[1].

1.8ASavings(1)

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note.

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

(2)

If a development application has been made before the commencement of Sutherland Shire Local Environmental Plan 2015 (Amendment No 14) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.

(2A)

If a development application has been made before the commencement of Sutherland Shire Local Environmental Plan 2015 (Amendment No 23) in relation to land to which the Plan applies and the application has not been finally determined before the commencement, the application must be determined as if the Plan had not commenced.

(3)

If an application for a complying development certificate has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.

(4)

An application for a complying development certificate lodged before 1 May 2023 must be determined as if State Environmental Planning Policy Amendment (National Construction Code) 2023 had not commenced.

(5)

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

cl 1.8A: Am 2019 (54), Sch 1 [1]; 2019 (621), Sch 5[1]; 2020 (69), Sch 1.11[1] [2]; 2022 (183), Sch 1[1]; 2023 (83), Sch 1.8[1]; 2023 (609), Sch 1.1[1].

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

1.9ASuspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply—

  • (a)

    to 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)

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

  • (d)

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

  • (e)

    to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

  • (f)

    to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

  • (g)

    to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

  • Residential Zones

    R2 Low Density Residential

    R3 Medium Density Residential

    R4 High Density Residential

  • Employment Zones

    E1 Local Centre

    E2 Commercial Centre

    E3 Productivity Support

    E4 General Industrial

    E5 Heavy Industrial

  • Mixed Use Zones

    MU1 Mixed Use

  • Special Purpose Zones

    SP1 Special Activities

    SP2 Infrastructure

    SP3 Tourist

    SP4 Enterprise

  • Recreation Zones

    RE1 Public Recreation

    RE2 Private Recreation

  • Conservation Zones

    C1 National Parks and Nature Reserves

    C2 Environmental Conservation

    C3 Environmental Management

    C4 Environmental Living

  • Waterway Zones

    W1 Natural Waterways

    W2 Recreational Waterways

    W4 Working Waterfront

cl 2.1: Am 2022 (857), Sch 1.6[1]–[3].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

  • (a)

    the objectives for development, and

  • (b)

    development that may be carried out without development consent, and

  • (c)

    development that may be carried out only with development consent, and

  • (d)

    development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

  • (a)

    a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

  • (b)

    a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

In deciding whether to grant development consent, the consent authority—

  • (a)

    must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

  • (b)

    must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

  • (a)

    with development consent, or

  • (b)

    if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8Temporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

  • (b)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (c)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (d)

    at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

  • (a)

    a constructed canal, or other waterway or waterbody, that—

    • (i)

      is inundated by surface water or groundwater movement, or

    • (ii)

      drains to a waterway or waterbody by surface water or groundwater movement, and

  • (b)

    the erection of a dwelling, and

  • (c)

    one or both of the following—

    • (i)

      the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

    • (ii)

      excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

  • (a)

    carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

  • (b)

    limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

  • State Environmental Planning Policy (Housing) 2021

  • State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

  • State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

  • State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

  • State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

  • State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2016 (167), Sch 1 [1]; 2017 (396), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (295), Sch 1[1]; 2022 (314), Sch 1; 2022 (857), Sch 1.6[4]–[6].

Zone R2Low Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a low density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To protect and enhance existing vegetation and other natural features and encourage appropriate bushland restoration particularly along ridgelines and in areas of high visual significance.

  • To allow the subdivision of land only if the size of the resulting lots retains natural features and allows a sufficient area for development.

  • To ensure the single dwelling character, landscaped character, neighbourhood character and streetscapes of the zone are maintained over time and not diminished by the cumulative impact of multi dwelling housing or seniors housing.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Multi dwelling housing; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone
  • To provide for the housing needs of the community within a medium density residential environment.

  • To provide a variety of housing types within a medium density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To encourage the supply of housing that meets the needs of the Sutherland Shire’s population, particularly housing for older people and people with a disability.

  • To promote a high standard of urban design and residential amenity in a high quality landscape setting that is compatible with natural features.

  • To allow development that is of a scale and nature that provides an appropriate transition to adjoining land uses.

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture

4Prohibited

Any other development not specified in item 2 or 3

Zone R4High Density Residential
1Objectives of zone
  • To provide for the housing needs of the community within a high density residential environment.

  • To provide a variety of housing types within a high density residential environment.

  • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

  • To encourage the supply of housing that meets the needs of the Sutherland Shire’s population, particularly housing for older people and people with a disability.

  • To promote a high standard of urban design and residential amenity in a high quality landscape setting that is compatible with natural features.

  • To minimise the fragmentation of land that would prevent the achievement of high density residential development.

2Permitted without consent

Home occupations

3Permitted with consent

Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Flood mitigation works; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing

4Prohibited

Any other development not specified in item 2 or 3

Zone E1Local Centre1Objectives of zone
  • To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.

  • To encourage investment in local commercial development that generates employment opportunities and economic growth.

  • To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.

  • To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

  • To create an attractive, vibrant and safe public domain that has both a high standard of urban design and public amenity that is designed to cater for the needs of all ages and abilities.

  • To provide a mix of compatible land uses and building forms that act as a transition to the surrounding residential neighbourhood.

2Permitted without consent

Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Open cut mining; Resource recovery facilities; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water supply systems; Wholesale supplies

Zone E2Commercial Centre1Objectives of zone
  • To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.

  • To encourage investment in commercial development that generates employment opportunities and economic growth.

  • To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.

  • To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.

  • To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

2Permitted without consent

Home occupations

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Attached dwellings; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Multi dwelling housing; Open cut mining; Recreation facilities (major); Resource recovery facilities; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water supply systems; Wholesale supplies

Zone E3Productivity Support1Objectives of zone
  • To provide a range of facilities and services, light industries, warehouses and offices.

  • To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.

  • To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.

  • To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.

  • To provide opportunities for new and emerging light industries.

  • To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.

  • To enhance the visual appearance of the area by ensuring new development achieves high architectural and landscape standards.

  • To ensure that development does not have an adverse impact on the effective operation and safety of main roads.

  • To prevent the fragmentation of large sites and to realise their economic strategic advantage.

  • To provide opportunities for the erection of buildings requiring large floor areas and to discourage small-scale uses unless they are of an ancillary or service nature.

  • To minimise the impact of development within the zone on areas of environmental or heritage significance.

2Permitted without consent

Nil

3Permitted with consent

Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Jetties; Marinas; Open cut mining; Pubs; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Roadside stalls; Rural industries; Sewerage systems; Sex services premises; Shops; Tourist and visitor accommodation; Truck depots; Waste disposal facilities; Water supply systems; Wharf or boating facilities

Zone E4General Industrial1Objectives of zone
  • To provide a range of industrial, warehouse, logistics and related land uses.

  • To ensure the efficient and viable use of land for industrial uses.

  • To minimise any adverse effect of industry on other land uses.

  • To encourage employment opportunities.

  • To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.

  • To enhance the visual appearance of the area by ensuring new development achieves high architectural and landscape standards.

  • To minimise the impact of development within the zone on areas of environmental significance.

2Permitted without consent

Nil

3Permitted with consent

Depots; Freight transport facilities; Funeral homes; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based aquaculture; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Jetties; Marinas; Open cut mining; Recreation facilities (major); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Tourist and visitor accommodation

Zone E5Heavy Industrial1Objectives of zone
  • To provide areas for industries that need to be separated from other land uses.

  • To ensure the efficient and viable use of land for industrial uses.

  • To minimise any adverse effect of industry on other land uses.

  • To encourage employment opportunities.

2Permitted without consent

Nil

3Permitted with consent

Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Industrial training facilities; Kiosks; Neighbourhood shops; Offensive storage establishments; Oyster aquaculture; Pond-based aquaculture; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Jetties; Local distribution premises; Marinas; Mortuaries; Open cut mining; Places of public worship; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Sex services premises; Tourist and visitor accommodation; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone MU1Mixed Use1Objectives of zone
  • To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.

  • To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

  • To minimise conflict between land uses within this zone and land uses within adjoining zones.

  • To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

  • To facilitate the revitalisation of the Kirrawee town centre and the Kirrawee railway station precinct.

  • To ensure that any expansion of retail activity in the zone maintains the role and function of Kirrawee town centre and does not adversely impact the sustainability of other centres in the Sutherland Shire.

2Permitted without consent

Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Attached dwellings; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home occupations (sex services); Hostels; Industrial training facilities; Jetties; Marinas; Multi dwelling housing; Open cut mining; Recreation facilities (major); Resource recovery facilities; Rural industries; Rural workers’ dwellings; Semi-detached dwellings; Sewerage systems; Sex services premises; Storage premises; Transport depots; Truck depots; Waste disposal facilities; Water supply systems; Wholesale supplies

Zone SP1Special Activities1Objectives of zone
  • To provide for special land uses that are not provided for in other zones.

  • To provide for sites with special natural characteristics that are not provided for in other zones.

  • To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone
  • To provide for infrastructure and related uses.

  • To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Food and drink premises; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP3Tourist1Objectives of zone
  • To provide for a variety of tourist-oriented development and related uses.

  • To provide for tourist development that capitalises on ocean views while complementing existing residential development.

  • To provide for ground floor uses that use the scenic views and attract visitors to Cronulla.

  • To promote a high standard of urban design and residential amenity in a high quality landscape setting.

2Permitted without consent

Home occupations

3Permitted with consent

Aquaculture; Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Flood mitigation works; Food and drink premises; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Seniors housing; Shop top housing; Tourist and visitor accommodation

4Prohibited

Any development not specified in item 2 or 3

Zone SP4Enterprise1Objectives of zone
  • To provide for development and land uses that support enterprise and productivity.

  • To encourage employment opportunities.

  • To provide a range of office and light industrial uses.

  • To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

  • To prevent the fragmentation of large sites and realise their economic strategic advantage.

  • To provide opportunities for the erection of buildings requiring large floor areas and to discourage small-scale uses unless they are of an ancillary or service nature.

  • To enhance the visual appearance of the employment area by ensuring new development achieves high architectural and landscape standards.

  • To minimise the impact of development within the zone on areas of environmental or heritage significance.

2Permitted without consent

Roads

3Permitted with consent

Building identification signs; Business identification signs; Neighbourhood shops; Oyster aquaculture; Self-storage units; Take away food and drink premises; Tank-based aquaculture; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Jetties; Marinas; Markets; Open cut mining; Plant nurseries; Pond-based aquaculture; Pubs; Recreation facilities (major); Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Roadside stalls; Rural industries; Rural supplies; Sewerage systems; Sex services premises; Shops; Specialised retail premises; Storage premises; Timber yards; Tourist and visitor accommodation; Truck depots; Waste disposal facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies

Zone RE1Public Recreation1Objectives of zone
  • To enable land to be used for public open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Community facilities; Environmental facilities; Food and drink premises; Information and education facilities; Kiosks; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads

4Prohibited

Pubs; Any other development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone
  • To enable land to be used for private open space or recreational purposes.

  • To provide a range of recreational settings and activities and compatible land uses.

  • To protect and enhance the natural environment for recreational purposes.

  • To ensure the scale, density and form of development reflects the nature of the recreational use of the land and is compatible with the surrounding urban form and natural setting.

2Permitted without consent

Environmental protection works

3Permitted with consent

Animal boarding or training establishments; Aquaculture; Car parks; Community facilities; Entertainment facilities; Environmental facilities; Hotel or motel accommodation; Kiosks; Marinas; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Small bars; Water recreation structures

4Prohibited

Any other development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone
  • To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

  • To enable uses authorised under the National Parks and Wildlife Act 1974.

  • To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone
  • To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

  • To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

  • To ensure that development, by way of its type, design and location, complements and enhances the natural environment in environmentally sensitive areas.

2Permitted without consent

Nil

3Permitted with consent

Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Oyster aquaculture; Roads

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C3Environmental Management1Objectives of zone
  • To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

  • To provide for a limited range of development that does not have an adverse effect on those values.

  • To allow development of a scale and nature that maintains the predominantly natural landscape setting of the locality and protects and conserves existing vegetation and other natural features of the locality.

  • To limit development in the vicinity of the waterfront so that the locality’s natural qualities can dominate.

  • To allow the subdivision of land only if the size of the resulting lots makes them capable of development that will not compromise the sensitive nature of the environment.

  • To share views between new and existing development and also from public space.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Boat sheds; Dwelling houses; Environmental protection works; Flood mitigation works; Health consulting rooms; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C4Environmental Living1Objectives of zone
  • To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

  • To ensure that residential development does not have an adverse effect on those values.

  • To allow for development that preserves and enhances the natural landscape setting of the locality.

  • To protect and restore trees, bushland and scenic values particularly along ridgelines and in other areas of high visual significance.

  • To ensure the character of the locality is not diminished by the cumulative impacts of development.

  • 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 natural or man-made hazards.

  • To allow the subdivision of land only if the size of the resulting lots makes them capable of development that retains or restores natural features while allowing a sufficient area for development.

  • To share views between new and existing development and also from public space.

2Permitted without consent

Home occupations

3Permitted with consent

Bed and breakfast accommodation; Boat sheds; Dwelling houses; Environmental protection works; Flood mitigation works; Health consulting rooms; Home businesses; Home industries; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Roads; Secondary dwellings; Tank-based aquaculture

4Prohibited

Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W1Natural Waterways1Objectives of zone
  • To protect the ecological and scenic values of natural waterways.

  • To prevent development that would have an adverse effect on the natural values of waterways in this zone.

  • To provide for sustainable fishing industries and recreational fishing.

  • To protect and preserve beaches and ensure they are free from man-made structures.

  • To protect and enhance remnant natural features, aquatic habitat, public access and the navigability of waterways.

  • To allow for a range of water recreation structures if their size, siting and form will not diminish the natural scenic character of the waterways, intertidal areas and aquatic reserves.

  • To ensure that the natural scenic qualities of waterways are not diminished through the cumulative impact of man-made structures.

  • To enable uses authorised under the Marine Estate Management Act 2014.

2Permitted without consent

Moorings

3Permitted with consent

Aquaculture; Boat launching ramps; Environmental facilities; Environmental protection works; Flood mitigation works; Passenger transport facilities; Water recreation structures

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W2Recreational Waterways1Objectives of zone
  • To protect the ecological, scenic and recreation values of recreational waterways.

  • To allow for water-based recreation and related uses.

  • To provide for sustainable fishing industries and recreational fishing.

  • To achieve a balance between public and private use of the waterways and intertidal areas.

  • To protect remnant natural features, aquatic habitat, public access and the navigability of waterways.

  • To allow suitable mooring facilities having regard to the established character of an area, recreational uses, the functionality of the waterways and the cumulative impact of mooring facilities and other man-made structures in a waterway.

2Permitted without consent

Moorings

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Marinas; Mooring pens; Passenger transport facilities; Recreation facilities (outdoor); Water recreation structures

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W4Working Waterfront1Objectives of zone
  • To retain and encourage industrial and maritime activities on foreshores.

  • To identify sites for maritime purposes and for activities requiring direct foreshore access.

  • To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.

  • To encourage employment opportunities.

  • To minimise any adverse effect of development on land uses in other zones.

  • To enhance the visual appearance of the employment area by ensuring that new development achieves high architectural and landscape standards.

  • To ensure that development protects and enhances the long term sustainability of the local ecology, including the riparian zone, intertidal areas and bays.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Boat building and repair facilities; Boat launching ramps; Food and drink premises; Jetties; Light industries; Neighbourhood shops; Vehicle sales or hire premises; Any other development not specified in item 2 or 4

4Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Community facilities; Crematoria; Depots; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; General industries; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Local distribution premises; Mortuaries; Open cut mining; Places of public worship; Pubs; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water supply systems; Wholesale supplies

Part 3Exempt and complying development3.1Exempt development(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)

To be exempt development, the development—

  • (a)

    must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, 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.

(4)

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.

(5)

To be exempt development, the development must—

  • (a)

    be installed in accordance with the manufacturer’s specifications, if applicable, and

  • (b)

    not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

  • (a)

    the development standards specified in relation to that development, and

  • (b)

    the requirements of this Part,

is complying development.

Note.

See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

  • (a)

    be permissible, with development 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.

(4)

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

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally 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 within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

  • (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 under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

  • (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 that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that a new lot created for the purpose of a dwelling house has a sufficient area available for the following—

    • (i)

      a dwelling house and ancillary facilities,

    • (ii)

      an outdoor recreation and service space,

    • (iii)

      vehicular access to and from the lot,

    • (iv)

      landscaping,

    • (v)

      drainage,

    • (vi)

      parking,

  • (b)

    to ensure that new development complements the established scale and character of the streetscape where the development is carried out, and does not dominate the natural qualities of its setting,

  • (c)

    to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features including heritage items, remnant vegetation, habitat and waterways.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A)

Development consent must not be granted for the subdivision of land that would result in an internal lot for which the minimum lot size shown on the Lot Size Map in relation to that land is specified in Column 1 of the table to this subclause, unless the size of the internal lot is not less than the size specified opposite in Column 2 of that table.

Column 1

Column 2

550 square metres

700 square metres

700 square metres

850 square metres

850 square metres

1,000 square metres

(3B)

If a lot is an internal lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.

(3C)

This clause does not apply to the subdivision of a lot in the following zones if there is a dual occupancy on the lot and one of those dwellings will be situated on each lot resulting from the subdivision—

  • (a)

    Zone R2 Low Density Residential,

  • (b)

    Zone R3 Medium Density Residential,

  • (c)

    Zone R4 High Density Residential.

(4)

This clause does not apply in relation to the subdivision of any land—

  • (a)

    by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

  • (b)

    by any kind of subdivision under the Community Land Development Act 2021.

(4A)

This clause does not apply to the subdivision of land occurring in connection with the closure of a road, or part of a road, by a public authority under the Roads Act 1993.

cl 4.1: Am 2022 (183), Sch 1[2].

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that newly created lots have an adequate area to accommodate the type of development to be carried out on the lots,

  • (b)

    to ensure that the area and width of lots are sufficient for their intended purposes,

  • (c)

    to ensure that a sufficient area of land is available, in connection with development, for landscaping, open space, drainage and parking so as to achieve a satisfactory amenity,

  • (d)

    to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features, including heritage items, remnant vegetation, habitat and waterways,

  • (e)

    to ensure that subdivision of low density residential and environmental living sites reflects and reinforces the predominant subdivision pattern of the area.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—

  • (a)

    Zone R2 Low Density Residential,

  • (b)

    Zone R3 Medium Density Residential,

  • (c)

    Zone R4 High Density Residential,

  • (d)

    Zone C3 Environmental Management,

  • (e)

    Zone C4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(3A)

Development consent must not be granted for the subdivision of land that would result in an internal lot for which the minimum lot size shown on the Lot Size Map in relation to that land is specified in Column 1 of the table to this subclause, unless the size of the internal lot is not less than the size specified opposite in Column 2 of that table.

Column 1

Column 2

550 square metres

700 square metres

700 square metres

850 square metres

850 square metres

1,000 square metres

(3B)

If a lot is an internal lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Am 2022 (857), Sch 1.6[7].

4.1AMinimum subdivision requirements in certain residential and conservation zones(1)

Development consent must not be granted for the subdivision of land in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential, unless each lot resulting from the subdivision will have—

  • (a)

    a minimum width of 15 metres at the building line, and

  • (b)

    a minimum depth of 27 metres.

(2)

Development consent must not be granted for the subdivision of land in Zone C3 Environmental Management or Zone C4 Environmental Living unless each lot resulting from the subdivision will have—

  • (a)

    a minimum width of 18 metres at the building line, and

  • (b)

    a minimum depth of 27 metres.

(3)

This clause does not apply in relation to the following—

  • (a)

    the subdivision of a lot in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential if there is a dual occupancy on the lot and one of those dwellings will be situated on each lot resulting from the subdivision,

  • (b)

    the subdivision of land by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015,

  • (c)

    the subdivision of land under the Community Land Development Act 1989,

  • (d)

    the subdivision of a building on land in Zone R3 Medium Density Residential or Zone R4 High Density Residential into stratum lots (within the meaning of Division 3B of Part 23 of the Conveyancing Act 1919),

  • (e)

    the subdivision of land occurring in connection with the closure of a road, or part of a road, by a public authority under the Roads Act 1993.

cl 4.1A: Am 2015 (616), cl 4; 2017 (384), Sch 1 [1]; 2017 (396), Sch 1 [3]; 2020 (295), Sch 1[2]; 2022 (183), Sch 1[3]; 2022 (857), Sch 1.6[7] [8].

4.1BMinimum lot sizes for strata subdivisions of dual occupancies in certain conservation zones(1)

The objectives of this clause are as follows—

  • (a)

    to limit the impacts associated with increased residential density (because of development resulting in dual occupancies) on land in Zone C3 Environmental Management or Zone C4 Environmental Living,

  • (b)

    to maintain the amenity and character of land in those zones,

  • (c)

    to prevent the cumulative fragmentation of land in those zones.

(2)

Development consent must not be granted for the strata subdivision of a dual occupancy on a lot of land (an original lot) in Zone C3 Environmental Management or Zone C4 Environmental Living unless—

  • (a)

    the size of the original lot is not less than the minimum lot size shown on the Lot Size Map in relation to the land, or

  • (b)

    the dwellings comprised in the dual occupancy were lawfully erected on or before 23 June 2015.

(3)

Development consent must not be granted for the strata subdivision of a dual occupancy on a lot of land in Zone C3 Environmental Management unless the dwellings comprised in the dual occupancy were lawfully erected on or before 23 June 2015.

cl 4.1B: Am 2017 (396), Sch 1 [4]; 2020 (295), Sch 1[3]–[8]; 2022 (857), Sch 1.6[7] [8].

4.1C

(Repealed)

cl 4.1C: Rep 2022 (183), Sch 1[4].

4.1DSubdivision of land in Kurnell Village(1)

The objective of this clause is to ensure the safe evacuation of all residents from Kurnell Village in the event of an emergency.

(2)

This clause applies to land identified as “Kurnell Village” on the Activity Hazard Risk Map.

(3)

Despite any other provision of this Plan, development consent must not be granted to the subdivision of land to which this clause applies if the consent authority is satisfied that the subdivision will result in an increase in the residential capacity of the land.

cl 4.1D: Am 2015 No 58, Sch 2.28 [1].

4.1EMinimum lot sizes for dual occupancies, manor houses and multi dwelling housing(1)

The objectives of this clause are—

  • (a)

    to achieve planned residential density in certain zones, and

  • (b)

    to ensure development is of a type, scale and character that will maintain an acceptable level of residential amenity.

(2)

Development consent must not be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, unless the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.

Column 1

Column 2

Column 3

Dual occupancy

R2 Low Density Residential

600 square metres

Manor house

R2 Low Density Residential

900 square metres

Manor house

R3 Medium Density Residential

900 square metres

Multi dwelling housing

R2 Low Density Residential

1,200 square metres

cl 4.1E: Ins 2019 (54), Sch 1 [2]. Am 2020 (331), Sch 2.4[1] [2]; 2022 (183), Sch 1[5].

4.2Rural subdivision

[Not applicable]

4.3Height of buildings(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that the scale of buildings—

    • (i)

      is compatible with adjoining development, and

    • (ii)

      is consistent with the desired scale and character of the street and locality in which the buildings are located or the desired future scale and character, and

    • (iii)

      complements any natural landscape setting of the buildings,

  • (b)

    to allow reasonable daylight access to all buildings and the public domain,

  • (c)

    to minimise the impacts of new buildings on adjoining or nearby properties from loss of views, loss of privacy, overshadowing or visual intrusion,

  • (d)

    to ensure that the visual impact of buildings is minimised when viewed from adjoining properties, the street, waterways and public reserves,

  • (e)

    to ensure, where possible, that the height of non-residential buildings in residential zones is compatible with the scale of residential buildings in those zones,

  • (f)

    to achieve transitions in building scale from higher intensity employment and retail centres to surrounding residential areas.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

(2A)

Despite subclause (2), the maximum height for a dwelling house on land in Zone R4 High Density Residential is 9 metres.

(2B)

Despite subclauses (2) and (2A), the maximum height for a dual occupancy on an internal lot in Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone C3 Environmental Management and Zone C4 Environmental Living is 5.4 metres.

(2C)

Despite subclauses (2) and (2A), the maximum height for a rear dwelling that is part of a dual occupancy on land in Zone R2 Low Density Residential, Zone C3 Environmental Management and Zone C4 Environmental Living is 5.4 metres if the lot has only one road frontage.

(2D)

Despite subclauses (2) and (2A), the maximum height for multi dwelling housing on an internal lot in Zone R2 Low Density Residential and Zone R3 Medium Density Residential is 5.4 metres.

(2E)

Despite subclause (2), the height of the following buildings may exceed the maximum height shown for the land on the Height of Buildings Map by an additional amount specified below, but only in the circumstances so specified—

  • (a)

    a building on land identified as “Area 1” on the Height of Buildings Map (including the council-owned land at 39R President Avenue, 340R and 348R Kingsway, Caringbah) may exceed that height by 5 metres if the development provides a pedestrian plaza, pedestrian access through the land from Park Lane to Kingsway, Caringbah and vehicular access to 344–346 Kingsway, Caringbah (being Lot 1, DP 219784) and 340 Kingsway, Caringbah (being SP 13533),

  • (b)

    a building on land identified as “Area 2” on the Height of Buildings Map may exceed that height by 15 metres if there is to be a lot amalgamation and the development provides pedestrian access through the land from Port Hacking Road to President Avenue, Caringbah,

  • (c)

    a building on land identified as “Area 3” on the Height of Buildings Map may exceed that height by 5 metres if the land consists of at least 4 amalgamated lots, including 307 Kingsway, Caringbah (Lot 1, DP 13346), and the development provides pedestrian access through the site from Kingsway to Hay Lane, Caringbah,

  • (d)

    a building on land identified as “Area 4” on the Height of Buildings Map may exceed that height by 15 metres if the land has an area of at least 1,800 square metres and the development provides an enlargement of the Park Place pedestrian plaza in Caringbah,

  • (e)

    a building on land identified as “Area 5” on the Height of Buildings Map may exceed that height by 14 metres if the development will incorporate vehicular access to all lots identified as “Area 5A” on the Height of Buildings Map,

  • (f)

    a building at 40–44 Kingsway, Cronulla (being Lot 506, DP 1109821), being land identified as “Area 10” on the Height of Buildings Map may exceed that height by 10 metres if the development is wholly for the purposes of tourist and visitor accommodation.

cl 4.3: Am 2017 (396), Sch 1 [5]; 2022 (857), Sch 1.6[7].

4.4Floor space ratio(1)

The objectives of this clause are as follows—

  • (a)

    to ensure that development is in keeping with the characteristics of the site and the local area,

  • (b)

    to ensure that the bulk and scale of new buildings is compatible with the context of the locality,

  • (c)

    to control development density and intensity of land use, taking into account—

    • (i)

      the environmental constraints and values of the site, and

    • (ii)

      the amenity of adjoining land and the public domain, and

    • (iii)

      the availability of infrastructure to service the site, and

    • (iv)

      the capacity of the road network to accommodate the vehicular and pedestrian traffic the development will generate, and

    • (v)

      the desirability of retaining the scenic, visual, and landscape qualities of the area.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(2A)

Despite subclause (2), the floor space ratio for the following buildings may exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map by up to the amount specified below, but only in the circumstances so specified—

  • (a)

    a building on land identified as “Area 5” on the Floor Space Ratio Map may exceed the floor space ratio by up to 0.3:1 if the development incorporates vehicular access to all lots identified as “Area 5A” on the Floor Space Ratio Map,

  • (b)

    a building on land identified as “Area 9” on the Floor Space Ratio Map may exceed the floor space ratio by up to 0.25:1 if all lots in that area are amalgamated into a single lot,

  • (c)

    a building at 40–44 Kingsway, Cronulla (being Lot 506, DP 1109821), on land identified as “Area 10” on the Floor Space Ratio Map, may exceed the floor space ratio by up to 1:1 if the development is wholly for the purposes of tourist and visitor accommodation,

  • (d)

    a building located at 121 Georges River Road, Jannali (being Lot 2, DP 205183), on land identified as “Area 11” on the Floor Space Ratio Map, may exceed the floor space ratio by up to 0.1:1 if the development incorporates shop top housing and/or medical facilities,

  • (e)

    a building on land identified as “Area 12” on the Floor Space Ratio Map may exceed the floor space ratio by up to 0.3:1 if the building is on an amalgamated lot with an area greater than 2,500 square metres,

  • (f)

    a building on land identified as “Area 13” on the Floor Space Ratio Map may exceed the floor space ratio by up to 0.9:1 if the development is wholly for the purposes of commercial premises.

cl 4.4: Am 2021 (143), cl 5.

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

  • (a)

    to define floor space ratio,

  • (b)

    to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

    • (i)

      prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

    • (ii)

      prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

    • (iii)

      require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

  • (a)

    if the proposed development is to be carried out on only one lot, the area of that lot, or

  • (b)

    if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

  • (a)

    land on which the proposed development is prohibited, whether under this Plan or any other law,

  • (b)

    community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

If—

  • (a)

    a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

  • (b)

    proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.5ADensity controls for multi dwelling housing(1)

The objective of this clause is to facilitate housing choice in accessible locations without significantly adversely impacting on local amenity.

(2)

Despite clauses 4.3 and 4.4, development consent may be granted to the erection of multi dwelling housing on land in Zone R2 Low Density Residential identified as “Area 6” on the Height of Buildings Map, Floor Space Ratio Map and Landscape Area Map if—

  • (a)

    the height of any buildings will not exceed 5.4 metres, and

  • (b)

    the floor space ratio of the buildings on the land will not exceed 0.6:1, and

  • (c)

    a minimum of 20% of the site will be available as landscaped areas.

4.5BDensity controls for dual occupancy(1)

The objective of this clause is to ensure that the floor space ratio of each dwelling on a lot created by the subdivision of a dual occupancy will not exceed the maximum permissible floor space ratio shown on the Floor Space Ratio Map for that land.

(2)

The floor space ratio of a dwelling on a lot created by the subdivision of a lot containing a dual occupancy must not exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map.

(3)

This clause does not apply to a subdivision of land under the Community Land Development Act 1989 or the Strata Schemes (Freehold Development) Act 1973.

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development,

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

  • (a)

    compliance with the development standard is unreasonable or unnecessary in the circumstances, and

  • (b)

    there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

  • (a)

    the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

  • (b)

    the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note.

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—

  • (a)

    pipelines and tunnels, and

  • (b)

    pumping stations, and

  • (c)

    dosing facilities, and

  • (d)

    odour control works, and

  • (e)

    sewage overflow structures, and

  • (f)

    vent stacks.

Note.

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note.

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following—

  • (a)

    biosolids treatment facility,

  • (b)

    sewage reticulation system,

  • (c)

    sewage treatment plant,

  • (d)

    water recycling facility,

  • (e)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Note.

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.

Note.

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—

  • (a)

    an advertising structure,

  • (b)

    a building identification sign,

  • (c)

    a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note.

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—

  • (a)

    any basement,

  • (b)

    any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,

  • (c)

    any eaves,

  • (d)

    unenclosed balconies, decks, pergolas and the like.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note.

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

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

Note.

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—

  • (a)

    a large area for handling, display or storage, or

  • (b)

    direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note.

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note.

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

  • (a)

    a space that contains only a lift shaft, stairway or meter room, or

  • (b)

    a mezzanine, or

  • (c)

    an attic.

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

Note.

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

  • (a)

    that is capable of being filled with water to a depth of 300 millimetres or more, and

  • (b)

    that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note.

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note.

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means—

  • (a)

    any part of the infrastructure of a telecommunications network, or

  • (b)

    any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

  • (c)

    any other thing 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 guided or unguided electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note.

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

Terrestrial Biodiversity Map means the Sutherland Shire Local Environmental Plan 2015 Terrestrial Biodiversity Map.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note.

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

  • (a)

    backpackers’ accommodation,

  • (b)

    bed and breakfast accommodation,

  • (c)

    farm stay accommodation,

  • (d)

    hotel or motel accommodation,

  • (e)

    serviced apartments,

but does not include—

  • (f)

    camping grounds, or

  • (g)

    caravan parks, or

  • (h)

    eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note.

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means—

  • (a)

    mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

  • (b)

    shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note.

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

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.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note.

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre 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, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note.

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

  • (a)

    a resource recovery facility,

  • (b)

    a waste disposal facility,

  • (c)

    a waste or resource transfer station,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note.

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

  • (a)

    retention structures, and

  • (b)

    treatment works, and

  • (c)

    irrigation schemes.

Note.

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note.

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note.

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

  • (a)

    a water reticulation system,

  • (b)

    a water storage facility,

  • (c)

    a water treatment facility,

  • (d)

    a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note.

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

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

waterbody (natural) or 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).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

  • (a)

    natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

  • (b)

    artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

  • (a)

    facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

  • (b)

    facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

  • (c)

    wharves for commercial fishing operations,

  • (d)

    refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

  • (e)

    sea walls or training walls,

  • (f)

    administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Dictionary: Am 2016 (36), Sch 1 [3]; 2017 (137), cl 5 (2); 2020 (331), Sch 2.4[3]; 2021 (225), Sch 1; 2022 (183), Sch 1[15] [16]; 2022 (849), Sch 1[2].

Maps: Am 2015 (564), cl 4; 2016 (821), cl 4; 2017 (92), cl 4; 2017 (137), cl 4; 2017 (384), cl 4; 2017 (396), cl 4; 2017 (397), cl 4; 2017 (504), cl 4; 2017 (749), cl 4; 2018 (200), cl 4; 2020 (81), cl 4; 2020 (133), cl 4; 2020 (295), cl 4; 2020 (766), cl 4; 2021 (143), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Sutherland Shire Local Environmental Plan 2015 (319). LW 23.6.2015. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—

2015

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 3, 15.7.2015, sec 2 (3).

(564)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 3). LW 18.9.2015.

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

(616)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 2). LW 9.10.2015.

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

No 58

Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015.

Date of commencement of Sch 2, 8.1.2016, sec 2 (1).

2016

(36)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 1). LW 22.1.2016.

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

(43)

Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016.

Date of commencement, 27.1.2016, cl 2.

(126)

Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016.

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

(167)

Local Environmental Plan (Greater Sydney LEPs Consequential Amendments) 2016. LW 4.4.2016.

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

No 27

Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016.

Date of commencement of Sch 2, 8.7.2016, sec 2 (1).

(309)

Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016.

Date of commencement, 56 days after publication on LW, cl 2.

(647)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 5). LW 28.10.2016.

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

(821)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 6). LW 23.12.2016.

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

2017

(92)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 7). LW 17.3.2017.

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

(137)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 8). LW 7.4.2017.

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

No 22

Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017.

Date of commencement of Sch 2, 7.7.2017, sec 2 (3).

(350)

State Environmental Planning Policy Amendment (Miscellaneous) 2017. LW 7.7.2017.

Date of commencement, 14.7.2017, cl 2.

(384)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 4). LW 28.7.2017.

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

(396)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 9). LW 4.8.2017.

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

(397)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 11). LW 4.8.2017.

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

(453)

Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017.

Date of commencement, 25.8.2017, cl 2.

(492)

Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017.

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

(493)

State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017.

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

(504)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 10). LW 8.9.2017.

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

(749)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 12). LW 22.12.2017.

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

2018

(105)

Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018.

Date of commencement, 3.4.2018, cl 2.

(154)

Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018.

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

(200)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 13). LW 11.5.2018.

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

No 40

Forestry Legislation Amendment Act 2018. Assented to 27.6.2018.

Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.

(404)

Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018.

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

(405)

Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018.

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

(406)

State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018.

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

(477)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018.

Date of commencement, 31.8.2018, cl 2.

(488)

State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018.

Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1).

No 46

Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018.

Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.

(717)

Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018.

Date of commencement, 10.12.2018, cl 2.

2019

(54)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 14). LW 1.2.2019.

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

(133)

Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019.

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

(137)

State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019.

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

(620)

Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019.

Date of commencement, 15.1.2020, cl 2.

(621)

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

Date of commencement of Schs 2.35, 3 and 5, 15.1.2020, cl 2(1).

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.

(81)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 17). LW 6.3.2020.

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

(116)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 15). LW 27.3.2020.

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

(133)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 18). LW 3.4.2020.

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

(155)

Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020.

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

(163)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 16). LW 17.4.2020.

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

(295)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 19). LW 19.6.2020.

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

(331)

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Housing Diversity Code) 2020. LW 26.6.2020.

Date of commencement, 1.7.2020, cl 2.

(387)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 20). LW 3.7.2020.

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

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).

(636)

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020.

Date of commencement, 28.10.2020, cl 2.

No 40

Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020.

Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.

(762)

Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020.

Date of commencement, 1.2.2021, cl 2.

(766)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 21). LW 18.12.2020.

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

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

(143)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 22). LW 26.3.2021.

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

(225)

State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(226)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021.

Date of commencement, 14.7.2021, cl 2.

(650)

Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021.

Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2.

(711)

Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021.

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

2022

(71)

Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022.

Date of commencement, 9.3.2022, cl 2.

(72)

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

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

(183)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 23). LW 29.4.2022.

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

(314)

State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022.

Date of commencement, 30.6.2022, sec 2.

(396)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 24). LW 15.7.2022.

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

(592)

Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022.

Date of commencement, 1.12.2022, cl 2.

(628)

Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, cl 2.

(629)

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

Date of commencement, 21.11.2022, sec 2.

(849)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 25). LW 16.12.2022.

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

(857)

State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022. LW 16.12.2022.

Date of commencement, 26.4.2023, sec 2. Amended by Inner West Local Environmental Plan Amendment (Land Use Zones) 2022 (856). LW 16.12.2022. Date of commencement, immediately before the commencement of State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 (i.e. on publication on LW), cl 2.

2023

(83)

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

Date of commencement, 1.5.2023, sec 2.

(445)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 26). LW 11.8.2023.

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

(458)

State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023.

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

(522)

Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, cl 2.

(608)

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023.

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

(609)

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

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

2024

(173)

Sutherland Shire Local Environmental Plan 2015 (Amendment No 27). LW 24.5.2024.

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

2025

(511)

Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025.

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

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.8

Am 2022 (72), Sch 1.54[1].

Cl 1.8A

Am 2019 (54), Sch 1 [1]; 2019 (621), Sch 5[1]; 2020 (69), Sch 1.11[1] [2]; 2022 (183), Sch 1[1]; 2023 (83), Sch 1.8[1]; 2023 (609), Sch 1.1[1].

Cl 1.9A

Am 2019 (621), Sch 5[2]–[4].

Cl 2.1

Am 2022 (857), Sch 1.6[1]–[3].

Land Use Table

Am 2016 (167), Sch 1 [1]; 2017 (396), Sch 1 [1] [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2020 (295), Sch 1[1]; 2022 (314), Sch 1; 2022 (857), Sch 1.6[4]–[6].

Cl 4.1

Am 2022 (183), Sch 1[2].

Cl 4.1AA

Am 2022 (857), Sch 1.6[7].

Cl 4.1A

Am 2015 (616), cl 4; 2017 (384), Sch 1 [1]; 2017 (396), Sch 1 [3]; 2020 (295), Sch 1[2]; 2022 (183), Sch 1[3]; 2022 (857), Sch 1.6[7] [8].

Cl 4.1B

Am 2017 (396), Sch 1 [4]; 2020 (295), Sch 1[3]–[8]; 2022 (857), Sch 1.6[7] [8].

Cl 4.1C

Rep 2022 (183), Sch 1[4].

Cl 4.1D

Am 2015 No 58, Sch 2.28 [1].

Cl 4.1E

Ins 2019 (54), Sch 1 [2]. Am 2020 (331), Sch 2.4[1] [2]; 2022 (183), Sch 1[5].

Cl 4.3

Am 2017 (396), Sch 1 [5]; 2022 (857), Sch 1.6[7].

Cl 4.4

Am 2021 (143), cl 5.

Cl 5.1

Am 2022 (857), Sch 1.6[9].

Cl 5.4

Am 2018 (406), Sch 1.126 [1] [2]; 2023 (458), Sch 1[1].

Cl 5.6

Am 2022 (857), Sch 1.6[10].

Cl 5.22

Subst 2023 (609), Sch 1.1[2].

Cl 5.23

Ins 2022 (629), Sch 2[1].

Cl 6.3

Rep 2021 (225), Sch 1.

Cl 6.4

Am 2022 (183), Sch 1[6]–[8].

Cl 6.9

Am 2017 (384), Sch 1 [2]; 2022 (183), Sch 1[9]–[12].

Cl 6.10

Rep 2022 (183), Sch 1[4].

Cl 6.11

Am 2017 (384), Sch 1 [3] [4]; 2022 (857), Sch 1.6[11].

Cl 6.13

Am 2017 (493), Sch 1.2 [2].

Cl 6.13A

Ins 2022 (183), Sch 1[13].

Cl 6.14

Am 2017 No 22, Sch 2.39; 2017 (384), Sch 1 [5]; 2017 (493), Sch 1.2 [1]; 2020 (116), Sch 1[1] [2]; 2022 (72), Sch 1.54[2]; 2022 (857), Sch 1.6[12]–[14]; 2024 (173), Sch 1[1] [2].

Cl 6.18

Am 2022 (857), Sch 1.6[7].

Cl 6.22

Am 2017 (493), Sch 1.2 [1].

Cl 6.23

Ins 2022 (369), Sch 1[1].

Cl 6.24

Ins 2022 (849), Sch 1[1].

Cl 6.25

Ins 2022 (857), Sch 1.6[15].

Sch 1

Am 2016 (821), cl 5; 2017 (384), Sch 1 [6]; 2017 (396), Sch 1 [6] [7]; 2019 (54), Sch 1 [3] [4]; 2019 (621), Sch 2.35; 2020 (295), Sch 1[9]; 2022 (369), Sch 1[2]; 2022 (857), Sch 1.6[16]–[21]; 2023 (445), cl 5.

Sch 2

Am 2017 (396), Sch 1 [8]; 2020 (163), Sch 1[1]; 2022 (72), Sch 1.54[3]; 2022 (857), Sch 1.6[22]–[25].

Sch 3

Am 2016 (36), Sch 1 [1] [2]; 2016 No 27, Sch 2.48 [1]–[3]; 2016 (647), cl 4; 2017 (350), Sch 1.6; 2020 (69), Sch 1.11[3]–[8]; 2020 (163), Sch 1[2]–[16]; 2020 (387), cl 4; 2022 (72), Sch 1.54[4]; 2022 (183), Sch 1[14]; 2022 (857), Sch 1.6[26]; 2023 (83), Sch 1.8[2].

Sch 4

Am 2017 (137), cl 5 (1); 2017 (504), cl 5.

Sch 5

Am 2015 No 58, Sch 2.28 [2]; 2017 (384), Sch 1 [7]–[165]; 2017 (396), Sch 1 [9]; 2020 (133), cl 5; 2020 (766), Sch 1[1] [2].

Dictionary

Am 2016 (36), Sch 1 [3]; 2017 (137), cl 5 (2); 2020 (331), Sch 2.4[3]; 2021 (225), Sch 1; 2022 (183), Sch 1[15] [16]; 2022 (849), Sch 1[2].

Maps

Am 2015 (564), cl 4; 2016 (821), cl 4; 2017 (92), cl 4; 2017 (137), cl 4; 2017 (384), cl 4; 2017 (396), cl 4; 2017 (397), cl 4; 2017 (504), cl 4; 2017 (749), cl 4; 2018 (200), cl 4; 2020 (81), cl 4; 2020 (133), cl 4; 2020 (295), cl 4; 2020 (766), cl 4; 2021 (143), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0