The Hills Local Environmental Plan 2019 (NSW)
This Plan is The Hills Local Environmental Plan 2019.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in The Hills in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
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 guide the orderly and sustainable development of The Hills, balancing its economic, environmental and social needs,
(b) to provide strategic direction and urban and rural land use management for the benefit of the community,
(c) to provide for the development of communities that are healthy, connected and inclusive and that have services and facilities that meet their needs,
(d) to provide for well planned and liveable neighbourhoods through efficient and safe transport infrastructure, a range of housing options, and a built environment that is compatible with the cultural and natural heritage of The Hills,
(e) to preserve and protect the natural surroundings of The Hills and to identify environmentally significant land for the benefit of future generations,
(f) to contribute to the development of a prosperous local economy through the identification and management of land to promote employment opportunities, rural productivity and tourism.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
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.
(Repealed)
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.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
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.
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.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
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.
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.
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.
(Repealed)
An amendment made to this plan by The Hills Local Environmental Plan 2019 (Amendment No 7) or The Hills Local Environmental Plan 2019 (Amendment No 18) does not apply to a development application made but not finally determined before the commencement of the amendment.
An amendment made to this Plan by Schedule 1.2 of The Hills Local Environmental Plan 2019 (Amendment No 3) does not apply to a development application made but not finally determined before the commencement of the amendment.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Bella Vista and Kellyville Transport Oriented Development Precincts) 2024 must be determined as if that policy had not commenced.
An amendment made to clause 8.6 by State Environmental Planning Policy Amendment (Exemptions) 2024 does not apply in relation to—
(a) a development application made, but not finally determined, before the commencement of the amendment, or
(b) a development application made on or after 30 November 2027.
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.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
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.
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 biodiversity certification conferred under Part 8 of the Biodiversity Conservation Act 2016, or
(c) to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(e) to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under Part 5A of the Local Land Services Act 2013, or
(f) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) to any planning agreement within the meaning of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU3 Forestry
RU5 Village
RU6 Transition
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
• Employment Zones E1 Local Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones 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 W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
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.
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.
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.
This clause is subject to the other provisions of this Plan.
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.
Development may be carried out on unzoned land only with development consent.
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.
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.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
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
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.
The definition of
The demolition of a building or work may be carried out only with development consent.
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.
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.
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.
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.
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.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(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.
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.
In this clause—
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
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To facilitate the economic extraction of materials from land and the subsequent rehabilitation of that land.
Bed and breakfast accommodation; Extensive agriculture; Home occupations
Agriculture; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Crematoria; Dual occupancies (attached); Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Garden centres; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Service stations; Veterinary hospitals; Water supply systems
Any development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To encourage innovative and sustainable tourist development, sustainable agriculture and the provision of farm produce directly to the public.
Bed and breakfast accommodation; Extensive agriculture; Home occupations; Moorings
Agritourism; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Correctional centres; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Garden centres; Health consulting rooms; Helipads; Heliports; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive plant agriculture; Jetties; Landscaping material supplies; Liquid fuel depots; Marinas; Markets; Mooring pens; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Service stations; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Aquaculture; Environmental facilities; Environmental protection works; Plant nurseries; Public administration buildings; Restaurants or cafes
Any development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To ensure the scale and type of development is compatible with the character and amenity of a rural village.
• To allow for residential development that contributes to the economic and social vitality of the village centre and does not detract from the primary objective of the zone.
• To promote transit oriented development principles and encourage walking and cycling to and from the centre.
Home businesses; Home occupations
Artisan food and drink industries; Attached dwellings; Building identification signs; Business identification signs; Business premises; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Kiosks; Markets; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roadside stalls; Schools; Shop top housing; Take away food and drink premises; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage innovative and sustainable tourist development, sustainable agriculture and the provision of farm produce directly to the public.
• To ensure that development does not have a detrimental impact on the rural and scenic character of the land.
Bed and breakfast accommodation; Extensive agriculture; Home occupations
Agricultural produce industries; Artisan food and drink industries; Building identification signs; Business identification signs; Cemeteries; Centre-based child care facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm gate premises; Farm stay accommodation; Flood mitigation works; Garden centres; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive plant agriculture; Landscaping material supplies; Markets; Oyster aquaculture; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Secondary dwellings; Tank-based aquaculture; Veterinary hospitals; Water supply systems
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To enable other land uses that support the adjoining or nearby commercial centres and protect the amenity of the adjoining or nearby residential areas.
Home businesses; Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home-based child care; Hostels; Hotel or motel accommodation; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
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; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• 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 maintain the existing low density residential character of the area.
Home businesses; Home occupations
Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Dual occupancies; Dwelling houses; Group homes; Health consulting rooms; Home-based child care; Oyster aquaculture; Pond-based aquaculture; Respite day care centres; Roads; Tank-based aquaculture; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Health services facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Signage; Storage 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 recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• 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 medium density residential development in locations that are close to population centres and public transport routes.
Home businesses; Home occupations
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home-based child care; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
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; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Signage; Storage 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 recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• 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 high density residential development in locations that are close to population centres and public transport routes.
Home businesses; Home occupations
Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Home-based child care; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Shop top housing; Any other development not specified in item 2 or 4
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; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Local distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Port facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Service stations; Sewerage systems; Sex services premises; Signage; Storage 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 recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• 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 ensure the scale and type of development is compatible with the character and amenity of the surrounding area.
• To allow for residential development that contributes to the economic and social vitality of the centre and does not detract from the primary objective of the zone.
• To promote transit oriented development principles and encourage walking and cycling to and from the centre.
Home businesses; Home occupations
Amusement centres; Artisan food and drink premises; Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Multi dwelling housing; 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
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Car parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies
• 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 provide for specialised retail premises that meet community demand.
Nil
Animal boarding or training establishments; Boat building and repair facilities; Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Community facilities; Depots; Food and drink premises; 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; Serviced apartments; 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
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Port facilities; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Signage; Tourist and visitor accommodation; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• 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 provide for a range of urban support services to serve the needs of residents in surrounding areas and workers in the locality.
• To facilitate the development of freight and logistics operations to enhance the viability and use of land in employment zones.
• To provide temporary overnight accommodation for the working population and businesses in the area.
Nil
Building identification signs; Business identification signs; Depots; Food and drink premises; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Heliports; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Self-storage units; Serviced apartments; 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
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function centres; Health services facilities; Highway service centres; Heavy industrial storage establishments; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Port facilities; Public administration buildings; Recreation facilities (major); Research stations; Residential accommodation; Restricted premises; Rural industries; Signage; Storage premises; Tourist and visitor accommodation; Water recreation structures; Water supply systems; Wharf or boating facilities
• 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 encourage leisure and entertainment facilities in the major centres that generate activity throughout the day and evening.
• To provide for high density housing that is integrated with civic spaces.
Home businesses; Home occupations
Amusement centres; Boarding houses; Building identification signs; Business identification signs; 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; Residential flat buildings; 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
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; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewerage systems; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Roads
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
• To provide for activities that support and relate to the natural assets of the area, in particular the river front.
• To provide for a range of support services to meet the needs of the surrounding residents that are complementary to the scale of adjoining land uses.
• To allow a range of recreation and tourism related activities to be carried out where such activities are within the servicing capacity of the infrastructure of the area.
Home occupations; Moorings
Aquaculture; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Business premises; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Community facilities; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Garden centres; Health consulting rooms; Home-based child care; Home businesses; Information and education facilities; Jetties; Kiosks; Landscaping material supplies; Marinas; Markets; Medical centres; Mooring pens; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Roads; Rural supplies; Schools; Service stations; Shops; Tourist and visitor accommodation; Vehicle repair stations; Waste or resource transfer stations; Water recreation structures; Wharf or boating facilities
Any development not specified in item 2 or 3.
• To provide for development and land uses that support enterprise and productivity.
• To encourage economic growth, business investment and employment opportunities.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
• To provide a range of office and light industrial uses.
• To make provision for high technology industries that use and develop advanced technologies, products and processes.
Nil
Building identification signs; Business identification signs; Business premises; Food and drink premises; Garden centres; Hardware and building supplies; Heliports; Hotel or motel accommodation; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Plant nurseries; Self-storage units; Serviced apartments; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Any other development not specified in item 2 or 4
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; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Restricted premises; Rural industries; Sewerage systems; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Waste disposal facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• 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.
Environmental protection works
Aquaculture; Boat launching ramps; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Take away food and drink premises; Water recreation structures
Any development not specified in item 2 or 3
• 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 promote tourism and entertainment related activities in appropriate areas.
Environmental protection works
Aquaculture; Boat launching ramps; Building identification signs; Business identification signs; Charter and tourism boating facilities; Community facilities; Environmental facilities; Hotel or motel accommodation; Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants or cafes; Roads; Serviced apartments; Water recreation structures
Any development not specified in item 2 or 3
• 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.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• 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.
Nil
Environmental facilities; Environmental protection works; Oyster aquaculture; Research stations; Roads
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
• 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 provide for residential development on the land having regard to the geotechnical constraints of the land.
Home occupations
Dwelling houses; Environmental protection works; Oyster aquaculture; Pond-based aquaculture; Roads; Tank-based aquaculture
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
• 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.
Home occupations
Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies (attached); Dwelling houses; Emergency services facilities; Environmental protection works; Home-based child care; Home businesses; Oyster aquaculture; Pond-based aquaculture; Roads; Secondary dwellings; Tank-based aquaculture
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• 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.
Nil
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Roads; Water recreation structures; Wharf or boating facilities
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
The objective of this clause is to identify development of minimal environmental impact as exempt development.
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.
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.
(e) (Repealed)
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.
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.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
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.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
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.
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.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(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.
The objectives of this clause are as follows—
(a) to provide for the proper and orderly development of land,
(b) to prevent fragmentation or isolation of land,
(c) to ensure that the prevailing character of the surrounding area is maintained.
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.
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.
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.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by inappropriate subdivisions that would create additional dwelling entitlements,
(b) to encourage rural cluster subdivision that will ensure the land is developed, managed and conserved in a holistic and sensitive manner where affected by biodiversity.
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 RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU6 Transition,
(d) Zone R1 General Residential,
(e) Zone R2 Low Density Residential,
(f) Zone R3 Medium Density Residential,
(g) Zone R4 High Density Residential,
(h) Zone SP3 Tourist,
(i) Zone C3 Environmental Management,
(j) Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
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.
Despite subclause (3), the size of any lot resulting from a subdivision of land in Zone RU2 Rural Landscape or Zone RU6 Transition may be less than the minimum size shown on the Lot Size Map in relation to that land if—
(a) the land to be subdivided under the community plan is not less than 10 hectares, and
(b) the land to be subdivided under the community plan includes land identified as “Biodiversity” on the Terrestrial Biodiversity Map or a suitably qualified professional has assessed the relevant land and certified that the development will provide a better biodiversity outcome, and
(c) after the subdivision, there will be no more than 1 lot (other than a lot comprising association property within the meaning of the Community Land Development Act 1989) for each 2 hectares subdivided, and
(d) the size of any lot resulting from the subdivision (other than a lot comprising association property within the meaning of the Community Land Development Act 1989) is not less than 0.4 hectares or greater than 1 hectare.
The consent authority must not grant consent to development on land that has been subdivided under subclause (3A) unless it is satisfied that—
(a) appropriate management measures will be in place that will ensure the protection of the landscape, biodiversity and rural setting of the land, and
(b) productive agricultural land will not be lost.
This clause applies despite clause 4.1.
The objective of this clause is to achieve planned residential density in certain zones.
Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this subclause for a purpose shown in Column 1 of the table, if the area of the lot is equal to or greater than the area specified in Column 3 of the table.
Column 1 | Column 2 | Column 3 |
Dual occupancy (attached) | Zone RU1 Primary Production | 10 hectares |
Zone RU2 Rural Landscape | 10 hectares | |
Zone RU6 Transition | 2 hectares | |
Zone R1 General Residential | 1,800 square metres | |
Zone R2 Low Density Residential | 600 square metres | |
Zone R3 Medium Density Residential | 600 square metres | |
Zone R4 High Density Residential | 1,800 square metres | |
Zone C4 Environmental Living | 2,000 square metres | |
Dual occupancy (detached) | Zone R1 General Residential | 1,800 square metres |
Zone R2 Low Density Residential | 700 square metres | |
Zone R3 Medium Density Residential | 700 square metres | |
Zone R4 High Density Residential | 1,800 square metres | |
Dwelling house | Zone RU5 Village | 2 hectares |
Manor house | Zone R3 Medium Density Residential | 900 square metres |
Multi dwelling housing | Zone R1 General Residential | 1,800 square metres |
Zone R3 Medium Density Residential | 1,800 square metres | |
Zone R4 High Density Residential | 1,800 square metres | |
Zone E1 Local Centre | 1,800 square metres | |
Residential flat building | Zone R1 General Residential | 4,000 square metres |
Zone R4 High Density Residential | 4,000 square metres | |
Zone E1 Local Centre | 4,000 square metres | |
Zone MU1 Mixed Use | 4,000 square metres |
Despite subclause (2), development consent may be granted to development on a lot in a zone shown in Column 2 of the table to subclause (2) for multi dwelling housing or residential flat buildings where the area of the lot is less than the area specified in Column 3 of the table, if the consent authority is satisfied that—
(a) the form of the proposed buildings is compatible with adjoining buildings in terms of their elevation to the street and building height, and
(b) the design and location of rooms, windows and balconies of the proposed buildings, and the open space to be provided, ensures acceptable acoustic and visual privacy, and
(c) all dwellings are designed to minimise energy needs and utilise passive solar design principles, and
(d) significant existing vegetation will be retained and landscaping is incorporated within setbacks and open space areas.
In this clause,
Clause 3B.1A of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that development for the purposes of manor houses is permitted with development consent in Zone R3.
The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
This clause applies to development on land in the following zones—
(a) Zone R3 Medium Density Residential,
(b) Zone R4 High Density Residential.
Development consent may be granted to a single development application for development to which this clause applies that is both of the following—
(a) the subdivision of land into 3 or more lots,
(b) the erection of an attached dwelling or a dwelling house on each lot resulting from the subdivision, but only if the size of each lot is equal to or greater than 240 square metres.
Development consent must not be granted to development to which this clause applies for the purposes of dwelling houses or attached dwellings unless the consent authority is satisfied that—
(a) the form of the proposed buildings is compatible with adjoining buildings in terms of their elevation relative to the street and building height, and
(b) the design and location of rooms, windows and balconies of the proposed buildings, and the open space to be provided, ensures acceptable acoustic and visual privacy and solar access, and
(c) all dwellings are designed to minimise energy needs and use passive solar design principles, and
(d) significant existing vegetation will be retained and landscaping is incorporated within setbacks and open space areas, and
(e) there is pedestrian access to each dwelling from the main street frontage.
Despite subclause (3), development must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that the subdivision is appropriate having regard to the impact on the residential amenity and streetscape in the area.
The objectives of this clause are as follows—
(a) to not allow development consent to be granted for the subdivision of certain dual occupancies,
(b) to maintain the prevailing character of lower density residential areas.
Despite any other provision of this Plan, development consent must not be granted for the subdivision of land on which a dual occupancy is erected, or proposed to be erected, if the subdivision would result in each of the dwellings that comprise the dual occupancy being located on separate lots unless—
(a) the dual occupancy was erected, or the building work for the erection of the dual occupancy had commenced, before 5 December 2012, and
(b) the erection was, or is being carried out, under a development consent granted before 18 October 1996, and
(c) the plans approved by the development consent showed parts of the building as being intended for separate occupation, and
(d) the subdivision would create lots that substantially correspond with the parts shown on those plans as being for separate occupation, and
(e) the land is being subdivided under a strata plan.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses in rural and conservation zones.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU6 Transition,
(d) Zone C3 Environmental Management,
(e) Zone C4 Environmental Living.
Development consent must not be granted for the erection of a dwelling house or dual occupancy on land in a zone to which this clause applies, and on which no dwelling has been erected, unless the land is—
(a) a lot that is at least the minimum lot size specified for that land by this Plan, or
(b) a lot created under this Plan (other than under clause 4.2(3)), or
(c) a lot created before 5 December 2012 and on which the erection of a dwelling house or dual occupancy was permissible immediately before that date, or
(d) a lot resulting from a subdivision for which development consent (or equivalent) was granted before 5 December 2012 and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that date, or
(e) an existing holding.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
Despite subclause (3), development consent may be granted for the erection of a dwelling house on land to which this clause applies if—
(a) there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or
(b) the land would have been a lot or a holding referred to in subclause (3) had it not been affected by—
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.
In this clause—
(a) was a holding on 13 May 1977, and
(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged,
whether or not there has been a change in the ownership of the holding since 13 May 1977, and includes any other land adjoining that land acquired by the owner since 13 May 1977.
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
The objectives of this clause are as follows—
(a) to ensure the height of buildings is compatible with that of adjoining development and the overall streetscape,
(b) to minimise the impact of overshadowing, visual impact and loss of privacy on adjoining properties and open space areas.
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.
The objectives of this clause are as follows—
(a) to reinforce the Council’s established centres hierarchy and ensure centres are appropriate in scale and design for their location,
(b) to ensure that shop top housing and residential flat buildings as part of mixed use developments are compatible with the prevailing character and amenity of surrounding land.
Development consent must not be granted to development on land identified as “Area C” on the Key Sites Map for the purposes of shop top housing if—
(a) the height of the building exceeds 7 metres, or
(b) less than 50% of the total floor area of the building will be used for non-residential purposes.
Development consent must not be granted to development on land identified as “Area D” on the Key Sites Map for the purposes of shop top housing or a residential flat building as part of a mixed use development if—
(a) the height of the building exceeds 10 metres, or
(b) less than 50% of the total floor area of the building will be used for non-residential purposes.
The objectives of this clause are as follows—
(a) to ensure development is compatible with the bulk, scale and character of existing and future surrounding development,
(b) to provide for a built form that is compatible with the role of town and major centres.
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.
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.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(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.
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)).
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.
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.
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.
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.
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.
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.
In this clause,
Serviced apartments are a type of
(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.
Sewage reticulation systems are a type of
Sewage treatment plants are a type of
(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).
Shops are a type of
Shop top housing is a type of
(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.
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.
(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 bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(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.
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
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(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 are a type of
Tank-based aquaculture is a type of
(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.
The term is defined as follows—
Timber yards are a type of
(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.
Turf farming is a type of
(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 sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(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 stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(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 facilities are a type of
(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.
(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.
The Hills Local Environmental Plan 2019 (596). LW 6.12.2019. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(23) | The Hills Local Environmental Plan 2019 (Amendment No 1). LW 24.1.2020. Date of commencement, on publication on LW, cl 2. | |
(24) | The Hills Local Environmental Plan 2019 (Amendment No 2). LW 24.1.2020. Date of commencement, on publication on LW, cl 2. | |
(25) | The Hills Local Environmental Plan 2019 (Amendment No 10). LW 24.1.2020. Date of commencement, on publication on LW, cl 2. | |
(50) | The Hills Local Environmental Plan 2019 (Amendment No 7). LW 14.2.2020. Date of commencement, on publication on LW, cl 2. | |
(72) | The Hills Local Environmental Plan 2019 (Amendment No 5). LW 28.2.2020. 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. | |
(264) | The Hills Local Environmental Plan 2019 (Amendment No 11). LW 12.6.2020. Date of commencement, 1.7.2020, cl 2. | |
(270) | The Hills Local Environmental Plan 2019 (Amendment No 6). LW 18.6.2020. Date of commencement, on publication on LW, cl 2. | |
(271) | The Hills Local Environmental Plan 2019 (Amendment No 14). LW 18.6.2020. Date of commencement, on publication on LW, cl 2. | |
(420) | The Hills Local Environmental Plan 2019 (Amendment No 4). LW 17.7.2020. Date of commencement, on publication on LW, cl 2. | |
(421) | The Hills Local Environmental Plan 2019 (Amendment No 8). LW 17.7.2020. Date of commencement, on publication on LW, cl 2. | |
(424) | The Hills Local Environmental Plan 2019 (Amendment No 3). LW 17.7.2020. Date of commencement of Sch 1.1, on publication on LW, cl 2(1); date of commencement of Sch 1.2, 25.12.2020, cl 2(2). Amended by The Hills Local Environmental Plan 2019 (Amendment No 17). LW 18.9.2020. Date of commencement, on publication on LW, cl 2. |
(532) | The Hills Local Environmental Plan 2019 (Amendment No 15). LW 4.9.2020. Date of commencement, on publication on LW, cl 2. | |
(566) | The Hills Local Environmental Plan 2019 (Amendment No 17). LW 18.9.2020. 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. | |
(669) | The Hills Local Environmental Plan 2019 (Amendment No 19). LW 13.11.2020. Date of commencement, on publication on LW, 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. | |
(20) | The Hills Local Environmental Plan 2019 (Amendment No 12). LW 29.1.2021. Date of commencement, on publication on LW, cl 2. | |
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. | |
(155) | The Hills Local Environmental Plan 2019 (Amendment No 18). LW 31.3.2021. 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. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(396) | The Hills Local Environmental Plan 2019 (Amendment No 20). LW 16.7.2021. Date of commencement, on publication on LW, cl 2. | |
(502) | The Hills Local Environmental Plan 2019 (Amendment No 16). LW 27.8.2021. Date of commencement, on publication on LW, 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. | |
(669) | The Hills Local Environmental Plan 2019 (Amendment No 9). LW 12.11.2021. Date of commencement, on publication on LW, cl 2. | |
(670) | The Hills Local Environmental Plan 2019 (Amendment No 24). LW 12.11.2021. 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. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(803) | The Hills Local Environmental Plan 2019 (Amendment No 23). LW 22.12.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(73) | The Hills Local Environmental Plan 2019 (Amendment No 21). LW 4.3.2022. Date of commencement, on publication on LW, cl 2. | |
(203) | The Hills Local Environmental Plan 2019 (Amendment No 22). LW 6.5.2022. 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. | |
(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. | |
(745) | The Hills Local Environmental Plan 2019 (Amendment No 30). LW 2.12.2022. Date of commencement, on publication on LW, cl 2. | |
(772) | The Hills Local Environmental Plan 2019 (Amendment No 26). LW 9.12.2022. Date of commencement, on publication on LW, cl 2. | |
(828) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. Amended by Inner West Local Environmental Plan Amendment (Land Use Zones) 2023 (188). LW 21.4.2023. Date of commencement, on publication on LW, cl 2. | |
(37) | The Hills Local Environmental Plan 2019 (Amendment No 29). LW 3.2.2023. 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. | |
(525) | The Hills Local Environmental Plan 2019 (Amendment No 31). LW 15.9.2023. Date of commencement, on publication on LW, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(578) | The Hills Local Environmental Plan 2019 (Amendment No 25). LW 20.10.2023. Date of commencement, on publication on LW, 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. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.19, on publication on LW, sec 2(b). | |
(698) | State Environmental Planning Policy Amendment (Design Competition Guidelines) 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(275) | The Hills Local Environmental Plan 2019 (Amendment No 32). LW 28.6.2024. Date of commencement, on publication on LW, cl 2. | |
(592) | State Environmental Planning Policy Amendment (Bella Vista and Kellyville Transport Oriented Development Precincts) 2024. LW 27.11.2024. Date of commencement, on publication on LW, sec 2. | |
(594) | State Environmental Planning Policy Amendment (Exemptions) 2024. LW 27.11.2024. Date of commencement for Sch 5.2, immediately after the commencement of State Environmental Planning Policy Amendment (Bella Vista and Kellyville Transport Oriented Development Precincts) 2024 (ie 27.11.2024), sec 2(a) and 2024 (592) LW 27.11.2024. | |
(318) | The Hills Local Environmental Plan 2019 (Amendment No 33). LW 27.6.2025. Date of commencement, on publication on LW, cl 2. | |
(442) | The Hills Local Environmental Plan 2019 (Amendment No 34). LW 22.8.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2021 (396), Sch 1[1]–[4]. |
Cl 1.8A | Am 2020 (50), cl 4(1); 2020 (424), Sch 1.2[1] [2]; 2021 (155), Sch 1[1]; 2021 (396), Sch 1[5]; 2024 (592), Sch 1[1]; 2024 (594), Sch 5.2[1]. |
Cl 2.1 | Am 2022 (828), Sch 1.23[1]; 2024 (42), Sch 1.46[1]–[4]. |
Land Use Table | Am 2020 (50), cl 4(2); 2021 (396), Sch 1[6]–[14]; 2022 (314), Sch 1; 2022 (828), Sch 1.23[2] (am 2023 (188), Sch 1.2[1]); 2023 (458), Sch 2.74; 2024 (42), Sch 1.46[5] [6]; 2024 (275), Sch 1[1]. |
Cl 4.1AA | Am 2022 (828), Sch 1.23[3]. |
Cl 4.1A | Am 2020 (264), cl 4(1)–(4); 2022 (828), Sch 1.23[3] [3A] (ins 2023 (188), Sch 1.2[2]) [3B] (ins 2023 (188), Sch 1.2[2]) [4]. |
Cl 4.1B | Am 2021 (155), Sch 1[2]. |
Cl 4.2A | Am 2022 (828), Sch 1.23[3] [5]. |
Cl 4.6 | Am 2020 (271), Sch 1[1]; 2021 (502), cl 4(1); 2021 (714), Sch 11.39; 2023 (554), Sch 2.40[1]. |
Cl 5.1 | Am 2020 No 30, Sch 4.111; 2024 (42), Sch 1.46[7]. |
Cl 5.3 | Am 2021 (396), Sch 1[15]; 2022 (828), Sch 1.23[3]. |
Cl 5.5 | Subst 2021 (502), cl 4(2). |
Cl 5.9 | Ins 2021 (302), Sch 1.28. Am 2022 (828), Sch 1.23[3] [6]. |
Cl 5.16 | Subst 2021 (396), Sch 1[16]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 5.24 | Subst 2024 (275), Sch 1[2]. |
Cl 5.25 | Subst 2024 (275), Sch 1[3]. |
Cl 6.1 | Am 2023 (554), Sch 2.40[2]. |
Cl 6.2 | Rep 2023 (554), Sch 2.40[3]. |
Cl 7.3 | Rep 2021 (225), Sch 1. |
Cl 7.9 | Am 2021 (396), Sch 1[17]. |
Cl 7.11 | Am 2020 (424), Schs 1.1[1]–[3] 1.2[3] [4] (am 2020 (566), cl 5(1) (2)). |
Cl 7.11A | Ins 2020 (270), Sch 1. Am 2020 (424), Sch 1.1[4]–[6]. |
Cl 7.12 | Am 2022 (828), Sch 1.23[7]. |
Cl 7.13 | Am 2022 (828), Sch 1.23[3]. |
Cl 7.14 | Rep 2021 (396), Sch 1[18]. |
Cl 7.15 | Ins 2020 (271), Sch 1[2]. |
Cll 7.16, 7.17 | Ins 2020 (424), Sch 1.1[7]. |
Cl 7.18 | Ins 2020 (420), Sch 1. |
Cl 7.19 | Ins 2021 (396), Sch 1[19]. Am 2021 (670), cl 4; 2022 (828), Sch 1.23[8]–[10]; 2023 (664), Sch 3.19[1] [2]. |
Cl 7.20 | Ins 2021 (669), Sch 1. Rep 2023 (554), Sch 2.40[3]. |
Cl 7.21 | Ins 2021 (803), Sch 1[1]. |
Cl 7.22 | Ins 2021 (803), Sch 1[1]. Am 2023 (554), Sch 2.40[4]. |
Cl 7.23 | Ins 2022 (73), cl 5. Am 2022 (828), Sch 1.23[10]. Rep 2023 (554), Sch 2.40[3]. |
Cl 7.24 | Ins 2022 (203), cl 5. Rep 2023 (554), Sch 2.40[3]. |
Cl 7.25 | Ins 2022 (772), cl 5. Am 2023 (554), Sch 2.40[5]. |
Cl 7.26 | Ins 2023 (37), cl 5. Am 2023 (554), Sch 2.40[6]. |
Cl 7.27 | Ins 2024 (592), Sch 1[2]. |
Cl 7.28 | Ins 2024 (592), Sch 1[2]. |
Cl 7.29 | Ins 2024 (592), Sch 1[2]. |
Cl 7.30 | Ins 2024 (592), Sch 1[2]. |
Cl 7.31 | Ins 2024 (592), Sch 1[2]. |
Cl 7.32 | Ins 2024 (592), Sch 1[2]. Am 2025 (318), Sch 1[1]. |
Cl 7.33 | Ins 2024 (592), Sch 1[2]. |
Cl 8.1 | Am 2022 (828), Sch 1.23[10] [11]. |
Cl 8.2 | Am 2022 (828), Sch 1.23[7]. |
Cl 8.4 | Am 2022 (828), Sch 1.23[7] [10]. |
Cl 8.3 | Subst 2024 (592), Sch 1[3]. Am 2025 (318), Sch 1[2]; 2025 (442), Sch 1. |
Cl 8.6 | Am 2023 (698), Sch 1.11[1]–[4]; 2024 (594), Sch 5.2[2]. |
Cl 8.7 | Am 2022 (828), Sch 1.23[12]. |
Cl 8.8 | Am 2022 (828), Sch 1.23[12]. |
Cl 8.9 | Rep 2024 (592), Sch 1[4]. |
Cl 9.1 | Am 2022 (828), Sch 1.23[7]. |
Cl 9.5 | Am 2023 (698), Sch 1.11[1] [2] [5] [6]. |
Cl 9.6 | Am 2022 (828), Sch 1.23[13]. |
Cl 9.7 | Am 2020 (23), cl 4. |
Cl 9.8 | Am 2022 (745), cl 4. Rep 2023 (525), Sch 1. |
Sch 1 | Am 2020 (24), cl 5; 2020 (271), Sch 1[3]; 2020 (421), Sch 1[1]–[3]; 2021 (396), Sch 1[17] [20]–[22]; 2021 (803), Sch 1[2]; 2022 (828), Sch 1.23[14]–[18] [19] (am 2023 (188), Sch 1.2[3]); 2023 (578), Sch 1. |
Sch 2 | Am 2021 (20), Sch 1; 2022 (828), Sch 1.23[20] [21] (am 2023 (82), Sch 1.2[10]) [22]. |
Sch 5 | Am 2021 (396), Sch 1[23] [24]. |
Dictionary | Am 2020 (424), Sch 1.1[8]; 2023 (698), Sch 1.11[7]; 2024 (592), Sch 1[5]; 2024 (594), Sch 5.2[3]. |
Maps | Am 2020 (24), cl 4; 2020 (25), cl 4; 2020 (72), cl 4; 2020 (270), cl 4; 2020 (271), cl 4; 2020 (420), cl 4; 2020 (421), cl 4; 2020 (424), cl 4; 2020 (532), cl 4; 2020 (566), cl 4; 2020 (669), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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