Sutherland Shire Local Environmental Plan—Kurnell Peninsula (Amendment No 11) (2002-779) [GG No 178 of 18.10.2002, p 8849] (NSW)

2002 No 779

Sutherland Shire Local Environmental New South Wales

Plan—Kurnell Peninsula

(Amendment No 11)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (S01/02441/S69 Pt 4)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 178 of 18 October 2002, page 8849	Page 1
[48]
2002 No 779

Clause 1

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Sutherland Shire Local Environmental Plan—Kurnell

Peninsula (Amendment No 11)

1     Name of plan

This plan is Sutherland Shire Local Environmental Plan—Kurnell

Peninsula (Amendment No 11).

2     Aims of plan

This plan aims:

(a)	to introduce exempt development and complying development provisions into Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989) (the 1989 plan), and
(b)	to allow Sutherland Shire Council to preserve a tree, trees or bushland vegetation by making tree and bushland vegetation preservation orders for land to which the 1989 plan applies, and
(c)	torequiredevelopmentconsenttotheerectionof dwelling-houses having not more than 2 floors above existing ground level on land within Zone No 2 (a) (the Residential Zone) under the 1989 plan. (Development consent is already required for dwelling-houses more than 2 floors above existing ground level.)

3     Land to which plan applies

(1) To the extent that this plan introduces exempt and complying development provisions, it applies to all land within the local government area of Sutherland Shire under the 1989 plan.

(2) To the extent that this plan requires development consent to the erection of certain dwelling-houses, it applies to all land within the Residential Zone under the 1989 plan.

4     Amendment of Sydney Regional Environmental Plan No 17—Kurnell Peninsula (1989)

Sydney Regional Environmental Plan No 17—Kurnell

Peninsula (1989) is amended as set out in Schedule 1.

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Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]     Clause 5 Definitions

Insert in alphabetical order in clause 5 (1):

accredited officer has the same meaning as in the Act.

advertising means the use of a building or place for the

external display of symbols, messages or other devices for

promotional purposes, whether or not the display involves the

erection of a structure or the carrying out of a work.

bushland vegetation mean vegetation that is either a remnant

of the natural vegetation of land, or if altered, is still

representative of the structure and floristics of the natural

vegetation.

complying development has the same meaning as in the Act.

community advertising means:

(a)	advertising of community events or community uses, or charity events, or
(b)	display of health or safety notices, or like notices, or
(c)	advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or
(d)	display of a notice by a public authority.

demolition means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.

dwelling house means one dwelling on one allotment.

exempt development has the same meaning as in the Act.

ground level is the ground surface of a site as it was prior to

any cutting, filling or grading of the site.

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home activity means a business that is ancillary to a residential use and is carried out, or partially carried out, in a dwelling or within an allotment which contains a dwelling house or dwellings, but only if:

(a)	that use is undertaken by the permanent residents, and
(b)	not more than two non-residents are employed in it at any one time, and
(c)	the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parkingor the emission of noise, vibration, smell or creation of some other nuisance,

but does not include a bed and breakfast establishment.

storey means:

(a)	the space between two floors, or
(b)	the space between any floor and its ceiling or roof above, or
(c)	foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.

A storeywhich exceeds 4.5 metres is considered as two storeys.

subdivision has the same meaning as in the Act.

the Act means the Environmental Planning and Assessment

Act 1979.

the Regulation means the Environmental Planning and

Assessment Regulation 2000.

waterbody means:

(a)

a natural waterbody, including

(i)	a lake or lagoon either naturally formed or artificially modified, or
(ii)	a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or
(iii)	tidal waters including any bay, estuary or inlet, or

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

[2]     Clause 6 Adoption of model provisions

Omit “8,” from clause 6 (1).

[3]     Clause 9 Zone objectives and development control table

Insert after clause 9 (2):

(2A) Exempt development may also be carried out without development consent on the land on which it is allowed.

[4]     Clause 9, Table, Zone No 2 (a), Item 2

Omit “Dwelling-houses having not more than 2 floors above existing ground level.” from Item 2 (Without development consent) of the matter relating to Zone No 2 (a).

Insert instead “Nil.”.

[5]     Clauses 34–36

Insert after clause 33:

34     How are trees and bushland vegetation preserved?

(1) The objective of this clause is the preservation of valuable trees and bushland vegetation in the local government area of Sutherland Shire.

(2) Where it appears to the Council that it is expedient for the purpose of preservingor securing trees and bushland vegetation in order to ensure the integrity of the natural environment for both residents of and visitors to the area of Sutherland Shire it may make a tree and bushland vegetation preservation order.

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(3) A tree and bushland vegetation preservation order mayprohibit the ringbarking, cutting down, topping, lopping, pruning, removing, injuring or wilful destruction of any bushland vegetation, tree or trees specified in the order except with development consent or the permission of the Council.

(4) A tree and bushland vegetation preservation order made in accordance with this clause may apply to any tree or trees, or to any specified class, type or description of trees or to bushland vegetation described in the order.

(5) A tree and bushland vegetation preservation order may exempt any tree or any specified class, type or description of trees or bushland vegetation upon land described in the order.

(6) A tree and bushland vegetation preservation order, and an amendment or repeal of any such order, has effect only when it has been published in the Government Gazette and in a local newspaper.

(7) A person must not contravene, or cause or permit the contravention of, a tree and bushland vegetation preservation order that is in force.

(8)

It is a sufficient defence to a prosecution for an offence under

this clause if the accused establishes:

(a)	that the tree or bushland vegetation concerned was dying or dead or had become dangerous, or
(b)	that taking the action alleged to comprise the offence was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree or bushland vegetation was situated, or
(c)	that written notice about proposed action to remove trees or bushland vegetation that pose or poses a fire hazard was given to the Council, and the Council, before the action alleged to comprise the offence was taken, confirmed in writing:

(i)         that the tree or bushland vegetation concerned was in a Inner Protection Area within the meaning of the document entitled Planning for Bushfire Protection published in December 2001

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by the NSW Rural Fire Service in collaboration with Planning NSW, a copy of which is available for inspection at the office of the Council, or

(ii)        that the tree or bushland vegetation concerned was of a species classified by the Council as being likely to present a significant fire hazard, or

(d) that written notice about the proposed action alleged to comprise the offence was given to the Council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the Council did not advise the person during that period that it opposed the action being taken.

In this subclause, notice means a notice that includes the name and address of the person who gives it and that explains that a tree of a named species or bushland vegetation situated in a specified position on land described in the notice is intended to be ringbarked, cut down, topped, lopped, removed, injured or wilfullydestroyed for the purpose of bush fire hazard reduction.

(9) The provisions of a tree and bushland vegetation preservation order do not apply to activities lawfully conducted in accordance with the Act or the Telecommunications Act 1992 of the Commonwealth, the Roads Act 1993, the Rural Fires Act 1997, the Local Government Act 1993.

35     What is exempt development?

(1) Development of minimal environmental impact listed in Schedule 5 is exempt development, subject to subclauses (2) and (3).

(2) Development is exempt development only if:

(a)	the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 5, and
(b)	the development is ancillary to an existing legal use of a property and will be contained wholly within the property, and

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(c)	the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currentlyprescribed in the Regulation, and
(d)	the development does not contravene any condition of a development consent applying to the land, and
(e)	the development does not result in removal, pruning or lopping of trees or bushland vegetation which would otherwise require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and
(f)	the development does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and
(g)	the development is not carried out within the zone of influence of or over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of the SydneyWater Corporation applying to the land, and
(h)	if appropriate, any installation involved is carried out to the manufacturer’s specifications and requirements, and

(i)        the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and

(j)	the development does not result in the redirection of surface storm water or run off onto adjoining private property, and
(k)	the development does not involve excavation beyond 600 millimetres below natural ground level, and
(l)	it does not involve handling, storing, or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than

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25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment, and

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

(3)

Development is not exempt development if it is carried out on

land that:

(a)	is listed as, or contains an item listed as, a heritage item in this plan, or
(b)	is an Aboriginal place under the National Parks and Wildlife Act1974, or
(c)	is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(d)	is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or
(e)	is within the 7 (a) (Waterways Zone), or
(f)	is within the 7 (b) (Special Development Zone), or
(g)	is within the 8 (a) (National Parks and Nature Reserves (Existing) Zone), or
(h)	is within the 9 (a) (Regional Open Space (Reservation) Zone), or
(i)	is within 40 metres of a waterbody where the development requires any excavation, or
(j)	is within 10 metres of land which is zoned 7 (a) (Waterways Zone).

36     What is complying development?

(1)

Development listed in Schedule 6 is complying development,

subject to subclauses (2) and (3).

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(2)

Development is complying development only if:

(a)	the development is in accordance with the specified predetermined development standards and other requirements identified for that development in Schedule 6, and
(b)	the proposed development does not involve a building or a site in or on which an existing use, as defined in section 106 of the Act, is being carried out, and
(c)	it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that may apply to the land, and
(d)	it does not contravene any condition of a development consent applying to the land, and
(e)	the development complies with the deemed-to-satisfy provisions of the Building Code of Australia (the BCA) and the standards currently prescribed in the Regulation, and
(f)	the development does not restrict any vehicular or pedestrian access to or from the site or reduce the number of car spaces on the site below the minimum required by the Council, and
(g)	the development will not result in removal, pruning or lopping of trees or bushland vegetation which would require the consent or permission of the Council to remove, prune or lop under the Council’s tree and bushland vegetation preservation order, and
(h)	the development is not carried out within the zone of influence of over an existing or proposed easement or public sewer main or, if over a sewer main, the proposal complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and
(i)	the development will not result in the redirection of surface storm water or run off onto adjoining private property, and

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(j)	the maximum floorspace ratio is 0.4:1, and
(k)	the minimum landscaped area is 50% of the site area.

(3)

Development is not complying development if it is carried out

on land that:

(a) is identified by the Council as being:

(i)         within a bushfire interface area, or

(ii)        subject to flooding, tidal inundation, subsidence or land slip, or

(iii)       contaminated land, or

(b)	is listed as, or contains an item listed as, a heritage item in this plan, or is on land that abuts a heritage item, or
(c)	is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(d)	is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(e)	is a location of an endangered ecological community or critical habitat as identified in the Threatened Species Conservation Act 1995, or
(f)	is within the 6 (a) (Public Recreation (Existing) Zone), or
(g)	is within the 6 (b) (Public Recreation (Proposed) Zone), or
(h)	is within the 7 (a) (Waterways Zone), or

(i)        is within the 7 (b) (Special Development Zone), or

(j)	is within the 8 (a) (National Parks and Nature Reserves (Existing) Zone), or
(k)	is within the 9 (a) (Regional Open Space (Reservation) Zone), or
(l)	has previously been used as a service station, for intensive agriculture, mining or extractive industry, for waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products and a notice of completion of remediation work for the proposed use

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Schedule 1 Amendments

has not been given to the Council in accordance with S t a t e En v i r o n men t a l P l a n n i n g P o l i c y No 55—Remediation of Land, or

(m)	is within 40 metres of a waterbody where the development requires any excavation, or
(n)	is within 10 metres of land which is zoned 7 (a) (Waterways Zone), or
(o)	is adjacent to an arterial road or arterial road reservation where the development proposes a new, or alters an existing, vehicular accessway to that road or reservation, or
(p)	is subject to an interim heritage order under the Heritage Act 1997 or that is listed on the State Heritage Register under that Act.

(4) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in any applying development control plan adopted by the Council, as in force when the certificate is issued.

[6]     Schedules 5 and 6

Insert after Schedule 4:

Schedule 5 Exempt development (Clause 35)

Type of activity—development	Development standards and other
consisting of erection and use or	requirements

carrying out of the following:

Access ramps for the disabled (a) Maximum height 1m above ground level.

(b)

Maximum grade 1:14 and

otherwise in compliance with

relevant Australian Standards.

(c)

Must be located a minimum of 1.5 m from site boundaries.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Advertising structures	General requirements
(a) The erection of the advertising structure must comply with all the requirements of the Building Code of Australia, including Part B1 (Structural Provisions). (b) Signs must not cover mechanical ventilation inlet or outlet vents. (c) Advertising structures within a public road reserve must be at least 0.6m from kerb/roadway edge. (d) Flashing signs are not exempt in any zone. (e) No restrictions on advertising where displayed within a building and the advertisement is not visible from a public place, although it may be visible through openings at the ground and first floor levels of business premises, shops, food shops, restaurants, industrial premises, warehouses or bulky goods outlets.

1	Street and traffic signs	(a)	Construction must be by or on
(including street name plates,	behalf of the Council or the Roads
directional signs, advance traffic	and Traffic Authority.
warning signs, traffic signs and	(b)	Must be designed, fabricated and
traffic signal devices)	installed in accordance with relevant Australian Standards.
2	Business advertising

(a)	Suspended under awning	(a)	Oneperpremises.
signs	(b)	and, if over a public road, must be suspended with a clearance of no
Must not exceed 1.5m2 in area pavement level.
(c)	Must relate to the use of premises.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

(b)	Awning fascia signs	(a)
Must relate to the use of the attached.
(b)	Where a development control plan for a business centre applies, the background colour, and all lettering colours and styles on the awning fascia must comply with the requirements of that plan.

(c)	Under awning advertising (on	Must relate to the use of the building
building facades)
(d)	A-frame signs and shopfront	(a) Must comply with the approved

displays

development control plan for

A-frame advertising boards and

shopfront display.

(b) A lease or licence for the structure must be obtained from the before the sign or shopfront display is

erected.

3	Industrial advertising	(a)	One advertising sign of a maximum of 5m2 in area is permitted and it must be fixed flush to the front elevation of the industrial building or industrial unit, to a maximum height of 6m above ground level and not project above the parapet of the building or the eaves line where the building has a pitched roof.
(b)	Freestanding directory boards for multiple occupancy complexes are permitted within the property
boundary/premises subject to the total area of the board or boardsnot exceeding 5m2 in area and a
maximum height of 4.5m above ground level.
(c)	All signage must relate to the activity on the site.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

4      Temporary signs

(a) Real estate signs (a) Must only advertise premises or land for sale or lease.

(b)	One sign per premises and located within property boundaries.
(c)	Sign must not exceed 2.5m2 in area.
(d)	Not exempt more than 14 days after completion of the sale or granting of the lease.

(b)	Construction signs (signs	(a)	Only during construction of the
advertising firms involved	building.
in construction of a	(b)	One composite sign per premises
building)	only and the sign must be located within the property boundaries.
(c)	Any signage must not exceed 2.5m2 in area.
(c)	Special event sign	(a)
Must be displayed only on the to be held.
(b)	Must be constructed of lightweight, banner type material.
(c)	before the special event or more
Not exempt for more than 14 days finalised.
(d)	Inflatable promotional signs	(a)
Must be displayed only on the be held.
(b)	than 7 consecutive days, more than
Not exempt if displayed for more 28 days in any year or later than 48 hours after the relevant promotion is finalised.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

5	Home activity identification	(a)	Oneperpremises.
signs	(b)	area and be affixed to the dwelling no higher than 3m above ground
Signs must not exceed 0.5m2 in eaves line of the building.
6	Community advertising	(a)	exceed 1.5m2 in area and must not A permanent fixed sign must not ground or pavement level.
(b)	A temporary sign may not display an advertisement for more than 7 consecutive days or for a total of more than 28 days in any year.

Aerials/Antennae/Microwave	(a)	For receiving purposes only.
antennae/Satellite dishes	(b)	Must not have substantial adverse impact on views enjoyed by adjoining and neighbouring premises.

For Satellite dishes only:

(a) Maximum diameter 750mm.

(b) Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will

serve.

(c)	Must not be installed forward of the building line or on roof areas visible from the road.
(d)	Must not be visible from any public place, including roads, public open space, public

recreation areas and waterways.

(e)

The dish and supporting structure

must be finished in a non-

reflective colour, which blends in

with the surrounding environment.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Air conditioning units	(a) above the second storey on residential buildings, unless located on a balcony where the air

External units must not be attached visible from street level.

(b)	Roof mounted air conditioning units are permitted on industrial premises only.
(c)	Must not be located within the street facing elevation or within the front building setback if

ground mounted.

(d)

Must be located a minimum of boundaries.

(e)

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

(f)

Any building work must not

reduce the structural integrity of

the building.

(g)

Any opening created must be

adequately weatherproofed.

(h)

air conditioning unit must not

exceed an LAeq of 5 dB(A) above

background noise level when

measured at the property

boundary. Despite this, domestic

air conditioning units must not be

audible within any room of any

adjoining premises, from 10pm to

The noise level generated by the on weekends or public holidays.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(i) Any noise emitted must not include any tonal, impulsive or intermittent characteristics. (j) Must be maintained and installed in compliance with Australian Standards AS/NZS 1668.1:1998, AS 1668.2—2002, AS/NZS 3666.1:2002, AS/NZS 3666.2:2002 and AS/NZS 3666.3:2000.
Awnings, canopies and	(a) Mustberetractable.

security/storm blinds or shutters

Note. See “Pergolas, and fixed

awnings etc” for fixed attachments.

(b)

Must not be installed above the second storey of any building.

(c)

security blinds or shutters on the

street front elevation of business

This exemption is not applicable to awnings.

Barbecues (portable and fixed	(a)	All barbecues are to be located so
structures)	that they do not cause a nuisance while being used.
(b)	Maximum height of fixed structure 2.7m from ground level.
(c)	Fixed structures must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)	For fixed structures, a minimum 0.5m setback from side or rear boundaries, except where a heat shield is incorporated or adjoins a non-combustible fence.
(e)	Barbeques must be located so that the risk of the spread of fire from the barbecue to any other structure is minimised.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Bird aviaries and pet animal	(a) Maximum area 10m2.
shelters	(b) Maximum height 2.7m from ground level. (c) Must be located in rear or side yard areas only. (d) Must be located away from the boundary a minimum of 0.5m. (e) Limit of one bird aviary per property. (f) An aviary for fowls (poultry, including domestic fowl, chickens or guinea fowls) and small birds must not be located within 4.5m of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food. (g) An aviary for poultry (other than fowls) must not be located within 30m of any building referred to in paragraph (f). (h) All poultry or fowls must be kept in accordance with Part 3 of and Division 2 of Schedule 5 to the Local Government (Orders)

Regulation 1999.

(i)

Fowls are limited to a maximum maximum of 5.

(j)

The floors of poultry houses

within 15.2m of a dwelling, public

hall or school must be paved with

concrete or mineral asphalt

underneath the roosts or perches,

unless situated on clean sand.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Building alterations (external)	General requirements
(a) Does not apply to:

(i)        residential flat buildings, or

(ii)

the principal street frontage

of buildings in the 3 (d)

Neighbourhood Business,

4 (a) General Industrial,

4 (b) Light Industrial,

4 (c1) Special Industrial

(Oil Refining) or

4 (c2) Special Industrial

zones, or

(iii)      any development in the 5 (a) Special Uses “A”, 6 (a) Public Recreation (Existing), 6 (b) Public Recreation (Proposed) and

6 (c) Private Recreation

zones.

Note. See Schedule 6

(Complying development) for

external building alterations.

(b)

Work must be non-structural.

(c)

Applies only to alterations or

renovations to previously

completed buildings.

(d)

to the footprint or increase

floorspace of the buildings or

residential use of rooms whether

by removal of existing walls,

partitions or by other means. This

does not exclude bay windows up

Works are not to include changes alignment of the wall.

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Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(e) Works are not to include repositioning or enlarging of windows above ground level. (f) window arrangements for light and ventilation needs, reduced

Works are not to cause reduced involve enclosure of open areas.

(g)

Any work involving lead paint

removal must not cause lead

contamination of the air or ground

or water.

(a)	Recladding of roofs or walls	(a)	Replacement of existing materials must be with similar materials which do not increase the reflectivity.
(b)	structural alterations, change to
Recladding not to involve veneering.
(b)	Skylight roof windows (including	(a)	The building work must not
solartube or similar type	reduce the structural integrity of
installations and roof ventilators)	the building or involve structural alterations.
(b)	Any opening created by the installation must be adequately weatherproofed.

(c) Windows, glassed areas and (a) Replacement materials must

external doors

comply with:

Australian Standard

AS 1288—1994, Glass in

buildings—Selection and

installation and

AS/NZS 2208:1996, Safety

glazing materials in buildings.

(b)

Opaque or other obscured glazing

must be replaced with similar

opaque glazing so as not to impact

on the privacy of neighbouring

properties.

Page 21

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following: Building alterations (internal)

(a)	Business/Industrial	(a)	Does not include alterations to premises for the preparation or storage (or both) of food for sale
to the public.
(b)	Works must be non-structural, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building.
(c)	Works must not compromise fire safety or affect accessibility to fire exits.
(d)	Must not increase existing floor area of premises.
(e)	Must be an alteration to an existing building.

(b) Residential	(a) Works must be non-structural.
(b) Applies only to alterations or renovations to previously completed buildings. (c) Works are not to include changes to the footprint of the dwelling or residential use of rooms whether by removal of existing walls,

partitions or by other means.

(d)

Works may include replacement of

internal doors, walls, windows,

ceiling or floor linings or

deteriorated frame members with

equivalent or improved quality

materials.

(e)

Works may include renovation of bathrooms, kitchens, and inclusion of built-in fixtures such as vanities, cupboards and wardrobes.

Page 22

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(f) window arrangements for light and ventilation needs, reduced

Works are not to cause reduced involve enclosure of open areas.

(g)

Works must not increase external size and envelope of the existing building.

(h)

Works are not to include

installation of oil or solid fuel

heating appliances.

(i)     Does not include alterations to premises for the preparation or storage (or both) of food for sale

to the public.

Bushfire hazard reduction

Work must be carried out consistent

with a bush fire management plan made

pursuant to section 52 of the Rural

Fires Act 1997.

Cabanas and gazebos

(a)

Maximum area 10m2 per structure.

(b)

The floor must be located at or near ground level.

(c)

Maximum height of 4.0m from

ground level.

(d)

Must be located behind the

building line of the property or no

further forward than the alignment

of any existing building on any

adjoining property, whichever is

the greater setback.

(e)

Structures must be sited a

minimum of 1.5m from side and

rear boundaries.

(f)

Maximum total floorspace of

combined structures in this

category is 40m2.

Page 23

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Changes of use	(a) Does not include a change of use

(Different use resulting from change of to a sex shop.

use of:	(b)	Hours of operation are limited
(a) business premises, shop,	generally to between 6am and 9pm

restaurant, food shop or sex shop	daily for all uses except industrial
to business premises, or	uses where the hours of operation

(b) business premises, shop, are limited to between 6am and

restaurant, food shop or sex shop	7pm Monday to Saturday with no
to shop or different kind of shop,	use on Sundays or public holidays.

or (c) The change of use is not to

(c)	food shop to different kind of food	include any change to existing
shop, or	floorspace, parking, landscaping or
(d)	restaurant to a different kind of	waste facilities approved for the
restaurant, or	development.
(e)	bulky goods outlet to different kind of bulky goods outlet, or
(f)	industry to different kind of industry, or
(g)	warehouse to different kind of warehouse.)

Clothes hoists/lines	(a)	Must be installed at ground level.
(b)	Must be located behind the building or in the side or rear yard.
(c)	Must not be located on balconies or elevated decks.
Decks and patios	(a)	The finished surface level must not be greater than 1m above ground level.
(b)	The structure must not exceed an area of 20m2.
(c)	The structure must be located behind the building line of the property or no further forward than the alignment of any existing
building on any adjoining property, whichever is the greater setback.

Page 24

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d)

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

(e)

Must be located a minimum of boundaries.

Demolition of a structure	(a)	exempt development if erection of that structure would be exempt development, or where an order to demolish has been issued by the Council under the Environmental
Demolition of a structure is only Act 1979.
(b)	Does not apply to demolition of a structural retaining wall.
(c)	Does not apply to the decontamination, rehabilitation or remediation of contaminated land.
(d)	accordance with Australian
Demolition must be carried out in Demolition of structures.
Driveways and pathways	(a)	land except for driveways or
Does not apply to works on public behalf of the Council.
(b)	Must be structurally sound and of stable construction.
(c)
Must not be elevated or suspended excavation greater than 0.6m.

Page 25

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
(d) Driveway or access gradients must be designed to align with footpath crossing levels issued by the

Council and must comply with the

access gradient requirements of

Australian Standard

AS 2890.1—1993, Parking

facilities, Part 1: Off-street car

parking.

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

area.

Fences and gates	General requirements
(including replacement of existing	(a) Does not apply to fences required

fences or gates) by the Swimming Pools Act 1992.

(b)	Does not apply to fencing of street frontages of land occupied by dual occupancies, townhouses or villas.
(c)	Does not apply to fences or gates for residential flats.
(d)

All fences are to be constructed so nuisance.

(e) the street boundary of land

Does not apply to fencing along townhouses or villas.

(a)	Front fences (including side fences	(a)	Does not apply to front fences
between the building line and the	where covenants apply to the land
street or any other public place)	that restrict erection of front fencing.
(b)	Does not apply to commercial premises.
(c)	A maximum height of 1m.
(d)	maximum height of 2.5m, is permitted on industrial premises but only where set behind existing
An open form front fence, to a consent.

Page 26

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:

(b)	Side fences and rear fences	(a)	Maximum height of 1.8m if
(fences behind the building line)	constructed of timber, metal or lightweight materials, all other materials maximum height of 1.0m.
(b)
Open form fencing to a maximum industrial premises.

Flagpoles	(a)	Maximum height 6.0m above ground level.
(b)	Must not project beyond property boundaries.
(c)	Limit of one flagpole per property.
(d)	Not used to display flag larger than 1m2.
(e)	Not used to display flags for advertising purposes.
Greenhouses, garden sheds,	(a)	Maximum area 10m2 per structure.
studios, cubby houses and	(b)	The floor must be located at or
playground equipment	near ground level.
(c)	Maximum height of 4.0m from ground level.
(d)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(e)	Structures must be sited a minimum of 1.5m from side and rear boundaries.
(f)	Maximum total floorspace of
combined structures in this
category is 40m2.
(g)	Maximum area and height requirements do not apply where the structures are located on land zoned 5 (a) Special Uses “A”.

Page 27

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Home activities	(a) The activity must not interfere with the amenity of the area by reason of such things as vehicular

traffic, parking, noise, vibration,

smell, fumes, smoke, water or

other waste products.

(b)

Any sound producing plant,

equipment, machinery or fittings

associated with or forming part of

a mechanical ventilation system or

refrigeration system, which is

installed as part of a home activity,

must be sound insulated or

isolated.

(c)

LAeq of 5 dB(A) above the

background level in any octave

band from 63.0 Hz centre

frequencies inclusive at the

boundary of the site. The method

of measurement of sound must be

carried out in accordance with

Australian Standard

AS 1055.1—1997,

Acoustics—Description and

Noise emitted must not exceed an noise—General procedures.

(d)

Any noise emitted must not

include any tonal, impulsive or

intermittent characteristics.

(e)

Hours of operation for the activity 6pm Monday to Saturday.

Letter box

Must not exceed a maximum height of

1.2m above ground level.

Page 28

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Outdoor eating areas	(a) Must comply with the approved development control plan for Outdoor Eating Areas. (b) A licence for the activity must be obtained from the Council before any outdoor eating activities are

undertaken.

Pergolas, and fixed awnings,	(a)	Maximum area 20m2 per structure.
shade structures/sunshades at	(b)	Maximum height 2.7m above
ground floor level or over an	ground level where proposed at
existing first floor deck	ground floor level.
(c)	Maximum height 2.7m above existing first floor or deck level where proposed over an existing elevated deck.
(d)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(e)
Must be located a minimum of boundaries.
(f)	Does not apply to business shopfront awnings.
(g)	Maximum area and height requirements do not apply where the structures are located on land zoned 5 (a) Special Uses “A”.

Page 29

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Public facilities and amenities	(a) Approved by the Council and

(new construction and use)	undertaken by or on behalf of the
(includes such things as playground	Council, or if on Crown land
equipment, public toilet facilities,	where consultation with the
staircases, recreational, sporting,	Department of Land and Water
entertainment and cultural activities,	Conservation has occurred or, in
works for the purpose of landscaping,	the case of traffic management
gardening, beach and foreshore	facilities, must be undertaken by or
protection works, lighting and	on behalf of the Roads and Traffic
night-time activities, traffic	Authority.

management facilities, public transport	(b)	Works must be located on land
facilities, street furniture, security	under the control of the Council or
equipment or devices, goal posts, sight	the Roads and Traffic Authority.
screens and similar ancillary sporting structures)
(c)	Must be designed, fabricated and installed in accordance with any relevant Australian Standards and
the Building Code of Australia.
(d)	Bus shelters and seats with ancillary advertising must comply with the requirements of the development control plan for bus shelters and seats.
(e)	Park and street furniture (for example, seats, bins, picnic tables, barbecues etc) must comply with the requirements of any applicable development control plan or adopted plan of management.
(f)	only be exempt if in accordance
The following works or uses may management:
(i) temporary uses, such as markets, concerts, fetes etc, (ii) public toilet facilities, (iii) installation of lighting to enable the night use of recreational facilities.

Page 30

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Retaining walls	(a) Not if any site filling or raising of site levels greater than 0.3m will occur within 1.5m of side or rear boundaries.
(b) Maximum height 0.6m.
(c) Masonry walls to comply with Australian Standards AS 3700—2001, Masonry structures, AS 3600—1994, Concrete structures and AS/NZS 1170.0:2002, AS/NZS 1170.1:2002, AS/NZS 1170.2:2002 and AS 1170.4—1993, Structural design actions and Minimum design loads on structures. (d) Timber walls to comply with Australian Standards AS 1720.1—1997, AS 1720.2—1990 and AS 1720.4—1990, Timber structures and AS/NZS 1170.0:2002, AS/NZS 1170.1:2002, AS/NZS 1170.2:2002 and AS 1170.4—1993, Structural design actions and Minimum design loads on structures. (e)

All retaining walls are to be drainage nuisance.

(f)

Maximum length of 20 lineal

metres of retaining wall per

property.

(g)

Not if there are two or more wall rises or drops in succession.

Page 31

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Water heaters	(a) Must be located behind the

(includes heat pump hot water heaters

building line of the property or no

and solar water heaters)

further forward than the alignment

of any existing building on any

adjoining property, whichever is

the greater setback.

(b)

The installation must not reduce

the structural integrity of the

building or involve structural

alterations.

(c)

The development must comply

with the provisions of the Building

Code of Australia for fire

separation if in multi-unit housing.

(d)

The noise level generated must not exceed an LAeq of 5 dB(A) above background noise level when

measured at the property

boundary. Despite this, domestic

water heaters must not be audible

within any room of any adjoining

premises, from 8pm to 7am on

weekdays and 10pm to 8am on

weekends or public holidays.

(e)

Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will

serve.

(f)

Trees must not be lopped in order water heaters.

Page 32

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Type of activity—development	Development standards and other
consisting of erection and use or	requirements
carrying out of the following:
Water tanks	(a) Not if a below ground tank or on land that requires excavation. (b) Maximum height 2.7m from ground level. (c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback. (d)

Tanks must be located a minimum boundaries.

(e)

Maximum capacity of 1,600 litres.

(f)

Suitable proofing for the

prevention of mosquito breeding

must be provided.

(g)

Rainwater tank overflows must be

connected to an approved

stormwater system.

Schedule 6 Complying development—general

provisions (Clause 36)

Part 1 Complying development in the following

zone:

Zone 2 (a) Residential

Page 33

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Building alterations (internal)	(a) Work must not reduce fire safety or accessibility to a fire exit. (b) Applies only to alterations or renovations to previously completed buildings. (c) Works must not include installation of oil or solid fuel heating appliances. (d) Work on that part of residential premises used for the purpose of preparation or storage (or both) of

food for sale to the public as part

of a home activity use, must

comply with the Food Regulation

2001, the Council’s Code for

Food Premises and Code for

Commercial Home Catering.

Work does not include installation

of any commercial mechanical

exhaust ventilation system.

Cabanas and gazebos	(a)	Maximum area of 40m2 per structure.
(b)	Maximum height of 4.0m from ground level for all structures.
(c)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)	Must be located a minimum of 1.5m off side and rear boundaries.
(e)	The finished floor level must be no more than 1.0m above ground level at any point.

Page 34

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Decks and Patios	(a) The finished surface level must not be greater than 1m above ground level. (b) The structure must not exceed an area of 40m2. (c) The structure must be located behind the building line of the property or no further forward than the alignment of any existing

building on any adjoining

property, whichever is the greater

setback.

(d) provided to prevent the entry of

Sufficient step down is to be dwelling.

(e)

Must be located a minimum of boundaries.

Demolition	(a)	Not including decontamination, rehabilitation or remediation of a contaminated site.
(b)	Demolition must be in accordance with any relevant Australian Standards.
Fences, Gates and Retaining Walls	(a)	Front fences within the front building line must not exceed a maximum height of 1.0m above ground level.
(b)
Side or rear fences must not above ground level.

Page 35

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(c) Retaining walls:

(i)

must be located a minimum

of 0.5m from a boundary

line, and

(ii)

must not exceed a

maximum height of 1.0m

above ground level, and

(iii)

maximum length of 20

lineal metres of retaining

wall per property.

(d) the street boundary of land

Does not apply to fencing along townhouses or villas.

Garages	(a)	Maximum gross floor area of 40m2 per structure.
(b)	Maximum height 4.0m from ground level for all structures.
(c)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.
(d)	Must be located a minimum of 1.5m off side boundaries.
(e)	The finished floor level must be no more than 1.0m above ground level at any point.
Greenhouses, garden sheds,	(a)	Maximum gross floor area of
studios, cubby houses	40m2 per structure.
(b)	Maximum height 4.0m from ground level for all structures.
(c)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.

Page 36

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Development consisting of the

Development standards and other

erection or carrying out of the

requirements

following:

(d)	Must be located in rear or side yards.
(e)	Must be located a minimum of 1.5 off side boundaries.
(f)	The finished floor level must be no more than 1.0m above ground level at any point.

Pergolas, awnings, shade

(a) Maximum area of 40m2 per

structures/sunshades, carports structure.

(b)

Maximum height of 4.0m from ground level for all structures.

(c)

Must be located behind the

building line of the property or no

further forward than the alignment

of any existing building on any

adjoining property, whichever is

the greater setback.

(d)

Must be located a minimum of 1.5m off side and rear boundaries.

(e)

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

Single storey single dwelling	(a)	Maximum height of 5.4m from
houses and ground floor single	ground level to the highest point of
storey additions or alterations to	the roof.
single dwelling houses	(b)	Must be located a minimum of
(excluding areas where the Australian	1.5m off side boundaries.
Noise Exposure Forecast (ANEF) is	(c)	Must be located a minimum of
between 20 and 25)	4.5m from rear boundaries.
(d)	Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.

Page 37

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(e) fill is restricted to 0.6m and the cut must not extend further than 0.9m

The maximum amount of cut or building.

(f)

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

(g)

For new dwellings, two car

parking spaces must be provided

behind the building line.

(h)

Any car spaces and access

provided must comply with the

requirements of Australian

Standard AS 2890.1—1993,

Parking facilities, Part 1: Off-street

car parking.

(i)

Any driveways provided must be

designed to align with footpath

crossing levels issued by the

Council.

(j)

New dwellings must be entitled to at least a 3.5 star rating under the National House Energy Rating

Scheme (NatHERS).

(k)

Alterations or additions must

comply with the energy efficiency

standards in the applicable

development control plan.

(l)

Works are not to include

installation of oil or solid fuel

heating appliances.

(m)

MustcomplywithCouncil’s

construction standards for

buildings located in bushfire prone

areas or relevant Council building

standards.

Page 38

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(n) Work on that part of residential premises used for the purpose of preparation or storage (or both) of

food for sale to the public as part

of a home activity use, must

comply with the Food Regulation

2001, the Council’s Code for

Food Premises and Code for

Commercial Home Catering.

Work does not include any

commercial mechanical exhaust

ventilation system.

(o)

Maximum floorspace ratio is

0.4:1.

(p)

Minimum landscaped area is 50%

of the site area.

Subdivision for one or more of the following purposes only:

(a)

widening of a public road by a public authority, or

(b)

adjusting a boundary between

allotments, but only if the new lots

comply with this plan. The

subdivision must not result in an

increased number of lots, the

re-orientation of the existing

allotments or redefinition of the

Mean High Water Mark, or

(c)

correcting an encroachment on an allotment, but only if the new lots comply with this plan, or

Page 39

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:

(d)

strata subdivision of any building,

except dual occupancy housing,

approved and constructed after

1 July 1988, subject to the

development conforming with all

conditions of any applicable

development consent, or

(e)

consolidation of allotments, if it is development, or

(f)

public reserve purposes but only

where the residue lot or lots

the creation of an allotment for standards of this plan.

Swimming pools, spas and safety	(a)	Must be located in the rear or side
fencing	yard.
(b)
Must be located a minimum of to the water.
(c)	Pools (including in-ground or above-ground) must not exceed 1.0m above ground level with no attached decking within 1.5m of side and rear boundaries (refer to Decks and Patios).
(d)	Safety fencing must comply with the Swimming Pools Act 1992 and Australian Standard AS 1926.2—1995, Swimming pool safety, Part 2: Location of fencing for private swimming pools.

Page 40

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(e) Swimming pool/spa pump and associated equipment must be sound insulated or isolated (or both) so that the noise emitted does not exceed an LAeq of

5 dB(A) above background noise

level in any octave band from

63.0 Hz centre frequencies

inclusive at the property boundary,

measured in accordance with

Australian Standard

AS 1055.1—1997,

Acoustics—Description and

measurement of environmental

noise—General procedures.

Part 2 Complying development in the following

zones:

3 (d) Neighbourhood Business

4 (a) General Industrial

4 (b) Light Industrial

4 (c1) Special Industrial (Oil Refining)

4 (c2) Special Industrial

5 (a) Special Uses “A”

6 (c) Private Recreation

Page 41

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Building alterations (external)	(a) Building must be an existing building authorised by a consent. (b) Only where there is an applicable development control plan or plan of management that specifies

standards for the external

treatment or appearance of the

building and only where the

development complies with the

requirements of the applicable

development control plan or plan

of management.

(c)	Work must not reduce fire safety or accessibility to a fire exit.
(d)	Work must not contravene any conditions of any development consent applicable to the building

or its use.

Building alterations (internal)	(a)	Building must be an existing building authorised by a consent.
(b)	Work must not reduce fire safety or accessibility to a fire exit.
(c)	Work must not increase the existing gross floor area of industrial premises except where it
is an internal mezzanine floor, where that area may be increased by up to a maximum floor area of 50m² but only for the purpose of storage or amenities.
(d)	Work must not increase existing gross floor area of business premises, including extensions within pedestrian arcades.

Page 42

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(e) Work on that part of residential premises used for the purpose of preparation or storage (or both) of

food for sale to the public as part

of a home activity use, must

comply with the Food Regulation

2001, the Council’s Code for

Food Premises and Code for

Commercial Home Catering.

Work does not include any

commercial mechanical exhaust

ventilation systems.

(f)

must comply with the Food

Regulation 2001, the Council’s

Code for Food Premises, the

Clean Air (Plant and Equipment)

Regulation 1997, the Protection of

the Environment Operations Act

1997, AS/NZS 1668.1:1998 and

AS 1668.2—2002.

Alterations to an existing food

shop or restaurant do not include

the construction or installation of

an externally mounted or located

Work on food shops or restaurants unit.

(g)

Work on hairdressers, beauty

salons or skin penetration

premises must comply with the

Public Health Act 1991and

Regulations under that Act, the

NSW Health Department’s Skin

Penetration Guidelines, published

in July 1999 (if appropriate) and

the Local Government (Orders)

Regulation 1999.

Page 43

2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Schedule 1 Amendments

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
(h) Existingsoundproducing machinery or fittings associated with or forming part of the existing mechanical ventilation system or refrigeration system, must be sound insulated or isolated (or both) so that the noise emitted does not exceed an LAeq of 5 dB(A) above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site (in accordance with any relevant Australian Standards). Any noise emitted must not include any tonal, impulsive or intermittent characteristics.
Demolition	(a) Demolition is only permitted of a building the erection of which is identified in this Schedule as

complying development.

(b)

Notincludingdecontamination,

rehabilitation or remediation of a

contaminated site.

(c)

Demolition must be carried out in Australian Standards.

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2002 No 779

Sutherland Shire Local Environmental Plan—Kurnell Peninsula

(Amendment No 11)

Amendments Schedule 1

Development consisting of the	Development standards and other
erection or carrying out of the	requirements
following:
Subdivision for one or more of the following purposes only:

(a)

widening of a public road by a public authority,

(b)

adjusting a boundary between

allotments, but only if the new lots

comply with this plan. The

subdivision must not result in an

increased number of lots, the

re-orientation of the existing

allotments or redefinition of the

Mean High Water Mark,

(c)

correcting an encroachment on an allotment, but only if the new lots comply with this plan,

(d)

strata subdivision of any building,

except dual occupancy housing,

approved and constructed after

1 July 1988 subject to the

development conforming with all

conditions of any applicable

development consent,

(e)

consolidating allotments, if it is

development,

(f)

public reserve purposes but only

where the residue lot or lots

the creation of an allotment for standards of this plan.

BY AUTHORITY

Page 45