Warringah Local Environmental Plan 2000 (NSW)
Planning Legislation Amendment Bill 2019
The name of this plan is Warringah Local Environmental Plan 2000.
This plan applies to that part of Northern Beaches local government area to which this plan applies (in this plan referred to as
However, this plan does not apply to any land while it is shown on the map as “Deferred Matter”.
On the commencement of clause 1.8 of Warringah Local Environmental Plan 2011, this plan ceases to apply to land to which that plan applies. However, this plan will continue to apply to land identified as “Deferred matter” on the Land Application Map under that plan.
The purposes of this plan are—
(a) as far as possible, to integrate into one document all environmental planning instruments affecting the development of land in Warringah and ensure that this plan is the sole environmental planning instrument applying to the land to which it relates, and
(b) to describe the desired characters of the localities that make up Warringah and relate the controls on development to the achievement of the desired characters of those places, and
(c) to establish limits to the exercise of discretion with regard to the control of development, and
(d) to provide decision-making processes appropriate to the nature and extent of discretion to be exercised, and
(e) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.
The term
(Repealed)
Except as provided by subclause (2), the following environmental planning instruments do not apply to the land to which this plan applies while this plan has effect—
• State Environmental Planning Policies Nos 1, 4, 5, 6, 9, 11, 19, 21, 22, 33, 35, 44, 45 and 56,
• Sydney Regional Environmental Plans Nos 9, 20 and 21,
• Warringah Local Environmental Plan 1985.
Any development applications submitted before, but not finally determined when this plan took effect for the land to which they relate, are to be determined as if those other environmental planning instruments continue to have effect and as if this plan had been exhibited but had not been made.
Any development application submitted, but not finally determined, before the commencement of a relevant amending plan is to be determined as if the relevant amending plan had been exhibited but had not been made.
In subclause (3)—
• Warringah Local Environmental Plan 2000 (Amendment No 18)
• Warringah Local Environmental Plan 2000 (Amendment No 20)
The Dictionary defines some of the words used in this plan.
Notes, copies of charts and diagrams inserted in this plan, and the list of its contents, are explanatory and do not form part of this local environmental plan. They are provided to assist understanding. However, the Dictionary and Appendices are part of this plan.
In this plan, a reference to a map or diagram is to a map or diagram deposited in the office of the Council.
From time to time this local environmental plan (LEP) will be amended. This may happen to give effect to a change in planning policy for a locality, or for Warringah as a whole. It may also happen to improve the way this LEP operates. An LEP is usually amended by the preparation of a new LEP (an amending LEP). As with all LEPs, amending LEPs must be publicly exhibited and made by the Minister.
All development requires consent except—
(a) exempt development, being development of minimal environmental impact identified in Schedule 1 (Exempt development), when carried out in accordance with the requirements of that Schedule, and
(b) development identified in Schedule 2 (Other development not requiring consent), when carried out in accordance with the requirements of that Schedule.
Individual Locality Statements may identify what development is complying development within that locality.
No matter what a Locality Statement says, however, complying development does not include development—
(a) within an area shown cross-hatched on the map, or
(b) on land that is identified as bushfire, slip or flood prone on maps deposited in the office of the Council, or
(c) within a zone of wave impact identified on the map, or
(d) on land that contains a heritage item, or
(e) on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map, where the development involves any works specified for that land in clause 49A.
Development is complying development only if it complies with the deemed-to-satisfy provisions of the Building Code of Australia.
Development is complying development only if it does not contravene any condition of a development consent applying to the land.
Development is complying development only if a plan showing where it will be carried out has been stamped by Sydney Water Corporation to indicate compliance with Sydney Water Corporation’s building over sewer requirements. This requirement does not apply to internal alterations and demolition.
Complying development certificates must include the conditions set out in Schedule 3 (Conditions of complying development certificates).
Complying development is development that can be approved by accredited certifiers, as well as the consent authority, if it meets specified predetermined development standards. In addition to the circumstances in clause 8 (2), section 76A (6) of the Act also provides additional restrictions on complying development including, among other things, that complying development cannot include development on land that comprises, or on which there is, a heritage item and development which requires the concurrence of another body, including the Director-General of National Parks and Wildlife. You should refer to the Act for more detailed information.
The following development is prohibited—
(a) development identified as being prohibited within a Locality Statement, and
(b) signs of the type listed in Schedule 4 (Prohibited signs).
For the purposes of this plan and subject to the Act, the Council is the consent authority.
Before granting consent for development the consent authority must be satisfied that the development is consistent with—
(a) any relevant general principles of development control in Part 4, and
(b) any relevant State environmental planning policy described in Schedule 5 (State policies).
Before granting consent for development, the consent authority must be satisfied that the development will comply with—
(a) the relevant requirements made by Parts 2 and 3, and
(b) development standards for the development set out in the Locality Statement for the locality in which the development will be carried out.
In addition, before granting consent for development classified as—
(a) Category One, the consent authority must consider the desired future character described in the relevant Locality Statement, or
(b) Category Two or Three, the consent authority must be satisfied that the development is consistent with the desired future character described in the relevant Locality Statement,
but nothing in a description of desired future character creates a prohibition on the carrying out of development.
Before granting consent for development the consent authority must consider the matters set out under section 79C of the Act.
To assist with understanding: Category One development is development that is generally consistent with the desired future character of the locality, Category Two development is development that may be consistent with the desired future character of the locality, and Category Three development is development that is generally inconsistent with the desired future character of the locality.
Before granting consent for development within a locality, the consent authority must consider the provisions of a Locality Statement applying to a neighbouring locality if the extent to which they should be considered is specifically described in the Locality Statement for the locality in which the development is proposed.
For the purposes of clause 12, development of land within a locality is classified by the relevant Locality Statement as being within one of three following categories—
(a) Category One,
(b) Category Two,
(c) Category Three.
Notwithstanding subclause (1), subdivision, other than when exempt development, is Category Two development.
Development of Category Three proposed on the site of a heritage item is taken to be development of Category Two if the consent authority is satisfied that—
(a) the retention of the item depends on the granting of consent to the proposed development, and
(b) the proposed development is in accordance with a conservation plan approved by the consent authority, and
(c) the granting of consent to the proposed development would ensure that all necessary work identified in the conservation plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item or its setting, and
(e) the proposed development would not adversely affect the amenity of surrounding land.
In this clause—
(a) means development that—
(i) is classified as Category One, and
(ii) was being lawfully carried out when this plan came into force, and
(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
(a) means development that—
(i) is classified as Category Two, and
(ii) was being lawfully carried out when this plan came into force, and
(iii) has continued (without abandonment) since this plan came into force and is continuing at the time a development application is lodged, and
(b) includes development to which paragraph (a) applies that has been changed in accordance with a development consent granted pursuant to this clause.
This clause applies to development that involves—
(a) alterations or additions to a building the use of which is existing Category One development or existing Category Two development, or
(b) the expansion or intensification of existing Category One development or existing Category Two development, or
(c) the rebuilding of a building the use of which is existing Category One development or existing Category Two development, or
(d) any combination of paragraph (a), (b) or (c).
This clause does not apply to development that involves a change of use of a building the use of which is existing Category One development or existing Category Two development.
Despite clauses 12 (2) (b) and (3) and 20 (1) and (3), the consent authority may consent to the carrying out of development to which this clause applies, but only if the consent authority is satisfied that the development—
(a) is of minor environmental impact, and
(b) does not, to any significant extent, alter the bulk, size or scale of any existing building or existing land use, and
(c) results in an improvement to the existing character of the locality in which it occurs, and
(d) is confined to the current lot (or lots) on which the existing Category One development or existing Category Two development is being carried out.
Consent may be granted to development classified as Category Three only if the consent authority has considered a statement of environmental effects that includes the items listed in Schedule 15.
The consent authority must not grant consent to an application that includes development classified as Category Three unless the consent authority has considered the findings and recommendations of an independent public hearing into the application, including reasons for its recommendations.
The independent public hearing is to be convened by the Council or its delegate. The purpose of the independent public hearing is—
(a) to provide a forum for allowing interested parties an opportunity to be heard openly by an independent panel, and
(b) to undertake an independent assessment of the proposed development classified as Category Three.
An independent public hearing is to be convened and conducted, and make findings and recommendations, in accordance with such procedures as may be determined by the Council.
Nothing in this clause affects any right of appeal conferred by section 97 of the Act.
In this clause,
Development applications for existing Category Three development consisting of—
(a) alterations or additions to, or the rebuilding of, a building, or
(b) the expansion or intensification of existing Category Three development,
which, in the opinion of the consent authority, is of a minor nature and does not, to any significant extent, change the scale, size or degree of any building or land use, may be granted consent even if the development is not consistent with the desired future character of the locality.
The provisions of clauses 14 and 15 do not apply to such applications.
In deciding whether an application for consent to additions etc is of a minor nature, the Council will have regard to any relevant matter, including the built form controls (development standards) for the locality.
The location of public open space is identified on the map.
Public open space can be developed for any purpose that is consistent with a plan of management applying to that public open space.
In the absence of a plan of management, only exempt development and development for the purpose of recreation facilities can be carried out on public open space.
Development on public open space, other than exempt development, is to be regarded as Category Two development.
If public open space contains bushland, any development which will disturb that bushland should be carried out only if a plan of management has been prepared which specifically assesses the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and the consent authority is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland.
Upon acquisition by the Council of any land shown on the map as reserved for public open space, and on vesting in the Council of land dedicated to the Council for the purposes of public open space, the land shall be deemed to be public open space for the purposes of this clause.
Any development of public open space must also be consistent with a plan of management for that land prepared in accordance with the Local Government Act 1993, in the case of public open space that is owned by the Council, or a plan of management prepared in accordance with the Crown Land Management Act 2016, in the case of public open space that is Crown land.
Built form will be controlled in accordance with the general principles of development control, the desired future character of the locality and the development standards set out in the Locality Statement.
Strict compliance with development standards, however, does not guarantee that the development is consistent with either the general principles of development control or the desired future character of the locality.
Nothing in this plan requires development to comply strictly with a quantitative requirement made in any general principle of development control.
A masterplan is a document (consisting of written information, maps and diagrams) that makes more detailed provisions relating to development of the land to which it relates than this plan. A masterplan—
(a) outlines long-term proposals for development of the entire site to which the masterplan relates, and
(b) explains how those proposals address the range of matters outlined below.
Where a Locality Statement requires development of land to be assessed with regard to a masterplan, the consent authority must not grant consent to that development unless—
(a) a masterplan for the development of the land has been adopted by the consent authority and the consent authority has had regard to it, or
(b) the consent authority has waived the requirement for the masterplan under subclause (3), or
(c) a draft masterplan for the land has been submitted to the consent authority for adoption, but either has been rejected by the consent authority or has not been adopted before the development application is deemed to have been refused by the Act.
If a Locality Statement requires development of land to be assessed with regard to a masterplan, but paragraph (b) or (c) applies, the consent authority must not grant consent to that development unless it has had regard to all matters listed in subclause (5) that are relevant to the proposed development.
The consent authority may waive the requirement for a masterplan, but only if it is satisfied—
(a) that the proposed development is of a minor nature only and is ancillary to the current use of the land, or
(b) that the development to which the development application relates is for the purpose of providing public infrastructure or utility installations, or
(c) that the proposed development complies, without variation, with all of the built form controls in the Locality Statement.
A masterplan may be prepared by, or on behalf of, the owner of the land concerned following consultation with the consent authority.
A masterplan is to address, illustrate and explain, where appropriate, proposals covering the following range of matters (but is not limited to them)—
(a) design principles drawn from an analysis of the site and its context,
(b) phasing of development,
(c) distribution of land uses, including foreshore public access and open space,
(d) subdivision pattern,
(e) building envelopes and built form controls,
(f) pedestrian, cycle and road access and circulation network, with particular regard to public transport servicing,
(g) parking provisions,
(h) infrastructure provision,
(i) heritage conservation, including both Aboriginal and European heritage,
(j) remediation of the site,
(k) provision of public facilities,
(l) provision of open space, its function and landscaping,
(m) impact on, and improvements to, the public domain,
(n) identification and conservation of native flora and fauna habitat on the site, including any threatened species, populations or ecological communities,
(o) the principles of ecologically sustainable development,
(p) stormwater drainage and water management,
(q) bushfire hazard management,
(r) the relevant general principles of development control outlined in Part 4, and
(s) any other matter it is required to address by the relevant Locality Statement.
Immediately after receiving a draft masterplan, the consent authority must advertise it in a newspaper circulating in the locality and exhibit it at the Council’s office for not less than 21 days, for public comment. The consent authority must consider any written submissions made about the content of the masterplan during the exhibition period.
After considering a draft masterplan, the consent authority—
(a) may adopt the masterplan without variation, or
(b) may adopt the masterplan with such variations as it considers appropriate, or
(c) may reject the masterplan, specifying the grounds upon which the masterplan is rejected.
A masterplan may be amended by a subsequent masterplan.
An amendment to a masterplan may be dealt with concurrently with a development application.
Notwithstanding clause 12 (2) (b), consent may be granted to proposed development even if the development does not comply with one or more development standards, provided the resulting development is consistent with the general principles of development control, the desired future character of the locality and any relevant State environmental planning policy.
In localities A2, A4, A5, A7, B2, B9, C8 and C10, the minimum area per dwelling required by the housing density standard is deemed to be the minimum allotment size for allotments created by subdivision.
Where consent is granted for development that does not comply with one or more development standards, the Council is to ensure that the circumstances of the case and reasons for granting consent (in such a way that does not comply with the development standards) are included in a public register of such consents.
This clause does not apply in relation to a development standard relating to maximum building height established by the Building Heights Map within the Dee Why Town Centre Locality Statement (E21).
Land can be subdivided so long as—
(a) the resulting allotments can be developed in accordance with this plan, or
(b) the resulting allotments contain buildings or works lawfully created or approved.
Subclause (1) (b) does not apply to the following localities—
• A2 Booralie Road, A4 Myoora Road, A5 McCarrs Creek Road, A7 Mona Vale Road North, B9 Mona Vale Road East, B2 Oxford Falls Valley, C8 Belrose North and C10 Mona Vale Road West.
In addition to other matters specified in this plan, the consent authority must be satisfied that the proposed development is consistent with the provisions of Schedule 7 (Matters for consideration in a subdivision of land) before approving an application for consent to subdivide land.
Consent must not be granted for any development, except complying development, involving the erection of, or additions to, a building, or the subdivision of land unless the consent authority has considered a site analysis.
A site analysis should—
(a) contain information, where appropriate, about the site and its surrounds as described in Schedule 8 (Site analysis), and
(b) be accompanied by a written statement explaining how the design of the proposed development responds to the site analysis, and the relevant general principles of development control in Part 4 and the Locality Statement.
A site analysis is a drawing that records details of the site and its surrounds. Depending on the scale and the nature of the development proposed, a site analysis might simply take the form of notations on the development plan. For proposals likely to have greater impacts, a separate drawing might be required. In either event, a site analysis should not be seen as a standard exercise and the amount of information required in a site analysis will vary from proposal to proposal.
(Repealed)
Notification requirements for remediation work are contained in Schedule 9.
(Repealed)
A remediation work that would of itself be a category B remediation work but which is ancillary to designated development that requires development consent may, as an applicant chooses—
(a) be made part of the subject of the development application for the designated development instead of being made the subject of a separate development application, or
(b) be treated as a category B remediation work.
However, a category A remediation work must be treated as such even if it is ancillary to development that may be carried out without consent.
A remediation work that would of itself be a category A remediation work and constitute designated development does not, just because it is ancillary to other development—
(a) render the other development designated development, or
(b) cause that other development to become development for which development consent is required.
Consent for development for the purpose of a category A remediation work should not be refused unless the consent authority is satisfied that there would be a more significant risk of harm to human health or some other aspect of the environment from the carrying out of the work than there would be from the use of the land concerned (in the absence of the work) for any purpose for which it may lawfully be used.
(Repealed)
This clause does not apply to land within the B6 War Veterans locality.
Consent for development for the purpose of housing for older people or people with disabilities cannot be refused on the grounds of—
(a) building height if all proposed buildings are 8 metres or less in height when measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point, or
(b) density and scale if the density and scale of the buildings, when expressed as a floor space ratio is—
(i) 0.5:1 or less, except as provided by subparagraph (ii), or
(ii) 0.75:1 or less, for hostels and residential care facilities located within 400 metres walking distance of a public transport node (being a public transport facility such as a railway station, bus stop, or ferry wharf, that is serviced on a frequent and regular basis in daylight hours), or
(c) landscaped area if a minimum of 35m
2 of landscaped area per dwelling and 25m2 of landscaped area per hostel or residential care facility bed is provided, or(d) parking if at least the following is provided—
(i) in the case of a hostel or residential care facility, at least 1 parking space for each 10 beds in the hostel or residential care facility, and 1 parking space for each two persons to be employed in connection with the development and on duty at any one time, and 1 parking space suitable for an ambulance, and
(ii) in the case of dwellings, at least 0.5 car space for each bedroom where the development application is made by a person other than the Department of Housing or a local government or community housing provider, or 1 car space for each 5 dwellings where the development application is made by, or is made by a person jointly with, the Department of Housing or a local government or community housing provider, or
(e) visitor parking if, in the case of development that comprises less than 8 dwellings and is not situated on a clearway, no visitor parking is provided within the development, or
(f) landscaped areas if, in relation to that part of the site (being the site, not only of that particular development, but also of any other associated development to which this clause applies) that is not built on, paved or otherwise sealed, there is soil of a sufficient depth to support the growth of trees and shrubs on an area (preferably located at the rear of the site) of not less than the width of the site multiplied by 15% of the length of the site, or
(g) private open space for in-fill housing if—
(i) in the case of a single storey dwelling or a dwelling that is located, wholly or in part, on the ground floor of a multi-storey building, not less than 15 square metres of private open space per dwelling is provided and, of this open space, one area is not less than 3 metres wide and 3 metres long and is accessible from a living area located on the ground floor, and
(ii) in the case of any other dwelling, there is a balcony with an area of not less than 6 square metres, that is not less than 1.8 metres in length and that is accessible from a living area.
(Repealed)
The Council may, by resolution, make, revoke or amend a tree preservation order.
A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, poisoning, removing or willful destruction of any tree or trees to which a tree preservation order applies without development consent.
This clause does not apply in respect of—
(a) trees within a State Forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or
(b) trees in a national park, within the meaning of the National Parks and Wildlife Act 1974, or
(c) the trimming or removal of trees in accordance with section 48 of the Electricity Supply Act 1995 or by an electricity distributor in accordance with clause 47 of the Electricity Supply (General) Regulation 1996, or
(d) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
A tree preservation order and any revocation or amendment of such an order does not have effect until it has been published in a newspaper circulating in the Warringah local government area.
Any agreement, covenant or similar instrument to the extent that it purports to restrict or prohibit development allowed by this plan, or the granting of a consent, does not apply. This does not affect the rights or interests of any public authority under any registered instrument.
For the purposes of this plan, heliports are not ancillary to housing.
The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a) the playing or performance of music, including the following—
(i) the genre of music played or performed, or
(ii) whether the music played or performed is live or amplified, or
(iii) whether the music played or performed is original music, or
(iv) the number of musicians or live entertainment acts playing or performing, or
(v) the type of instruments played,
(b) whether dancing occurs,
(c) the presence or use of a dance floor or another area ordinarily used for dancing,
(d) the direction in which a stage for players or performers faces,
(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.
The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
In this clause—
The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
Despite the other provisions of this Plan, development consent may be granted to development to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a) the dwelling house or secondary dwelling was lawfully erected, and
(b) the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.
The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—
(a) preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and
(b) preserving bushland as a natural stabiliser of the soil surface, and
(c) preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and
(d) preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and
(e) mitigating disturbance caused by development.
Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.
Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—
(a) the disturbance of the bushland is essential for a purpose in the public interest,
(b) there is no reasonable alternative to the disturbance,
(c) the development minimises the amount of bushland to be disturbed,
(d) the development includes measures to remediate the disturbed bushland.
Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—
(a) the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,
(b) the construction, operation or maintenance of electricity or telecommunication lines,
(c) bush fire hazard reduction,
(d) the construction or maintenance of classified roads,
(e) facilitating the recreational use of the public bushland.
Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—
(a) the recreational use of the land,
(b) bush fire hazard reduction,
(c) the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,
(d) the remediation of degraded public bushland.
This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.
In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—
(a) the need to retain public bushland adjoining the site of the development,
(b) the likely effect of the development on public bushland, including the following—
(i) the erosion of soil,
(ii) the siltation of streams and waterways,
(iii) the spread of weeds and non-native plants within public bushland,
(c) other matters the consent authority considers relevant to the protection and preservation of public bushland.
This clause does not apply to the following land that is public bushland—
(a) land in Zone RU1, RU2, RU3, RU4 or RU5,
(b) land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,
(c) land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,
(d) land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.
In this clause—
(a) remove vegetation from public bushland, or
(b) cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.
(a) on which there is vegetation that is—
(i) a remainder of the natural vegetation of the land, or
(ii) representative of the structure and floristics of the natural vegetation of the land, and
(b) that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.
The map identifies land which is reserved for public open space, regional open space, local roads or arterial roads.
Any such land is referred to in this plan as
The owner of any reserved land may, by notice in writing, require the responsible authority to acquire that land—
(a) In the case of land reserved for public open space, the responsible authority is the Council.
(b) In the case of land reserved for regional open space, the responsible authority is the corporation.
(c) In the case of land reserved for local roads, the responsible authority is the Council.
(d) In the case of land reserved for arterial roads, the responsible authority is the Roads and Traffic Authority.
Upon receipt of a notice referred to in subclause (1), the public authority concerned shall acquire any reserved land to which it applies, subject to subclauses (3) and (4).
The Council need not take any action to acquire land referred to in subclause (1) (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving the notice if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the planning controls applying to the land.
The Council need not acquire land referred to in subclause (1) (a) pursuant to the notice if the land has ceased to be reserved land, or the Council has decided to prepare a local environmental plan to remove the reservation of the land, before the period of 90 days (or the agreed period) expires.
Land is acquired by mutual agreement between the landowner and the responsible authority. In the event that mutual agreement cannot be reached land is acquired in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
Consent may be granted for development on reserved land provided it does not render the land unfit for the purpose for which it is reserved.
Before granting consent to development on reserved land, the consent authority must consider—
(a) the effect of the proposed development on the costs of acquisition,
(b) the imminence of the acquisition, and
(c) the costs associated with the reinstatement of the land so it can be used for the purpose for which it is reserved.
If the land is reserved for public open space or regional open space and contains bushland, the consent authority must, before granting consent, also assess the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and be satisfied that disturbance of the bushland is essential for proposed development that is in the public interest and that no reasonable alternative is available to the disturbance of that bushland.
Land ceases to be reserved land for the purposes of this plan when it is acquired by the authority responsible for acquiring it.
Development is not to result in overspill or glare from artificial illumination, or sun reflection, which would unreasonably diminish the amenity of the locality.
Local retail centres are to incorporate a range of small-scale shops and business uses at street level with offices or low-rise shop-top housing (being housing not on the ground floor) above to create places with a village-like atmosphere that provide a safe and comfortable environment for pedestrians and a range of business and community uses meeting the needs of the surrounding area.
Development is to integrate with the established pattern of the centre and the continuity of existing streetscapes is to be maintained.
The building height in local retail centres is to accord with the height limit for the applicable locality, unless the Locality Statement provides otherwise.
Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of development in the local retail centre is to provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly at the first floor level.
Other built form controls set out in a Locality Statement which are not specifically addressed to a local retail centre are not to be considered.
The location of local retail centres is shown on the map.
Development for the purpose of housing for older people or people with disabilities must provide residents with adequate access to—
(a) shops, banks and other retail and commercial services that residents may reasonably require, and
(b) community services and recreation facilities, and
(c) the practice of a general medical practitioner.
Access is adequate only if—
(a) the facilities and services referred to above are located at a distance of not more than 400 metres from the site of the proposed development, or
(b) there is a transport service available to the residents who will occupy the proposed development—
(i) that is located at a distance of not more than 400 metres from the site of the proposed development, and
(ii) that will take those residents to a place that is located at a distance of not more than 400 metres from the relevant facilities or services, and
(iii) that is available both to and from the proposed development during daylight hours at least once per day from Monday to Friday (both days inclusive).
The consent authority must not consent to development for the purpose of housing for older people or people with disabilities on land that adjoins land in a locality used primarily for urban purposes unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have reasonable access to—
(a) home delivered meals, and
(b) personal care and home nursing, and
(c) assistance with housework.
In deciding whether the level of access residents have to each facility and service listed above is reasonable (whether provided by the management or by an external service provider) the consent authority will consider the following—
• the type of housing proposed and the needs of the people who are most likely to occupy that type of housing, and
• whether the type or scale of housing proposed could, or may reasonably be expected to, provide some facilities and services on-site in a cost-effective manner, and
• the affordability of any relevant facility or service.
If infrastructure for a facility or service is provided as part of the development, it will be available to residents when the housing is ready for occupation. In the case of a staged development, the buildings and works comprising the infrastructure can be provided proportionately according to the number of residents in each stage.
Development for the purpose of housing for older people or people with disabilities must comply with the following access standards—
(a) site gradient (i) if the whole of the site has a gradient of less than 1:10, 100% of the hostel or residential care facility beds and 100% of the dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road or an internal road or a driveway that is accessible to all residents, or
(ii) if the whole of the site does not have a gradient of less than 1:10, a percentage (which is not less than the proportion of the site that has a gradient of less than 1:10, or 50%, whichever is the greater, and which in this subparagraph is called
the specified minimum percentage ) of any hostel or residential care facility beds and the specified minimum percentage of any dwellings must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road or an internal road or a driveway that is accessible to all residents, and
(b) road access at least 10% of any hostel or residential care facility beds and at least 10% of any dwellings which meet the requirements of paragraph (a) must have wheelchair access by a continuous path of travel (within the meaning of AS 1428) to an adjoining public road, and
(c) common areas access must be provided so that a person using a wheelchair can use common areas and common facilities associated with the development, and
(d) adaptability 10% of any hostel or residential care facility beds and 10% of any dwellings which meet the requirements of paragraph (a) must also have, or be capable of being modified so that they have, wheelchair access by a continuous path of travel (within the meaning of AS 1428) to all essential areas and facilities inside the hostel, residential care facility or dwellings, including a toilet, bathroom, bedroom and a living area.
Development for the purpose of housing for older people or people with disabilities must also comply with the standards and principles in Schedule 16.
Brothels are not to be visible from, or located in close proximity to, churches, schools, medical centres, community facilities, places of high pedestrian activity or any place frequented by children for care, recreational or cultural purposes. The appearance of brothels is to be discreet and is not to include shop fronts, window displays or signs.
Construction sites are not to unreasonably impact on the surrounding amenity, pedestrian or road safety, or the natural environment.
In particular—
• adequate areas are to be allocated for the handling and storage of materials which are safe and do not interfere with pedestrian and traffic movement,
• the timing, frequency, and routes of construction vehicle movements are to be safe and minimise impact on roads, pedestrian and traffic movement and surrounding residents,
• construction waste is to be minimised, legally handled, transported and disposed of,
• dedicated safe pedestrian access is, at all times, to be provided around the site, and
• construction sites will be managed to ensure air and water borne pollutants such as noise, dust, odour and liquids and the like are minimised.
Development is not to result in noise emission which would unreasonably diminish the amenity of the area and is not to result in noise intrusion which would be unreasonable to the occupants.
In particular—
• noise from the combined operation of all mechanical plant and equipment must not generate noise levels that exceed the ambient background noise level by more than 5 dB (A) when measured in accordance with the Environment Protection Authority’s Industrial Noise Policy at the receiving boundary of residential and other noise-sensitive land uses, and
• development near existing noise generating activities, such as industry and roads, is to be designed to mitigate the effect of that noise, and
• waste collection and delivery vehicles are not to operate in the vicinity of residential uses between 10 pm and 6 am.
No development is to be carried out which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on other land in the locality), would result in the emission of atmospheric (including odours), liquid or other pollutants which would unreasonably diminish the amenity of adjacent properties, the locality or waterways.
Development, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on the other land in the locality), must not pose a significant risk in relation to—
(a) human health, life or property, or
(b) the biophysical environment.
Applications for consent to development which, in the absence of any measures proposed to minimise its impact on the locality, would pose a risk such as any of those described above, must not be granted unless the consent authority has considered—
(a) a preliminary hazard analysis prepared in accordance with the current circulars or guidelines published by the Department of Urban Affairs and Planning, and
(b) whether there are any feasible alternatives to the carrying out of the development and the reasons for choosing the development the subject of the application (including any feasible alternatives for the location of the development and the reasons for choosing the location the subject of the application).
In determining whether the use of land is likely to pose a risk such as those described above, or is likely to cause noise or pollution, consideration must be given to current circulars or guidelines published by the Department of Urban Affairs and Planning relating to hazardous or offensive development. At present such guidelines are limited to the “Hazardous Industry Planning Advisory Paper No 4, Risk Criteria for Land Use Safety Planning”.
Radiation emission levels from mobile phone base stations, antennas and transmitters which emit electromagnetic radiation are to be as low as practicable or the facilities are to be located as far as practicable from dwellings and other areas where people are concentrated.
Development on flood affected land is to be sited and designed to minimise impacts of flooding on property and have regard to the existing flood regime.
In particular—
• development is not to reduce flood storage area or impact upon the existing flood regime,
• habitable floor areas of buildings are to be at a level of at least 500mm above the 1% annual exceedence probability flood level, and
• buildings or works affected by flooding are to be constructed of flood compatible building materials.
For the purposes of this clause,
The consent authority must not consent to the carrying out of development on land unless—
• it has considered whether the land is contaminated, and
• if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and
• if the land requires remediation to be made suitable for the development proposed to be carried out, it is satisfied that the land will be remediated before the development is carried out.
Consent for development on any of the following land must not be granted unless the consent authority has considered a preliminary investigation of the land concerned prepared in accordance with the contaminated land planning guidelines under section 145C of the Act—
• land that is specified in a preliminary investigation order under the Contaminated Land Management Act 1997
• land on which development referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out
• any land, to the extent to which it is proposed to carry out development on it for residential, educational, recreational or childcare purposes, or for the purpose of a hospital
• any land in relation to which there is no knowledge (or incomplete knowledge) as to whether development referred to in Table 1 to the contaminated land planning guidelines has been carried out
• any land on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4 applies to land to which this plan applies despite any other provision of this plan.
Development on land identified as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Hazard Map is to be carried out in a manner that manages any disturbance to acid sulfate soils so as to minimise impacts on natural waterbodies and wetlands, and on agriculture, fishing, aquaculture, urban activities and infrastructure.
In particular—
• Consent must not be granted to proposed works outlined below for the Class of land concerned, that disturb more than one tonne of soil or that are likely to lower the watertable, unless the consent authority has considered an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines. However, an acid sulfate soils management plan is not required where a preliminary assessment of the proposed works undertaken in accordance with these guidelines indicates that the proposed works need not be carried out pursuant to an acid sulfate soils management plan, and a copy of the assessment has been given to the Council.
Class of land as shown on Acid Sulfate Soils Hazard Map | Works |
1 | Any works |
2 | Works below natural ground surface Works by which the watertable is likely to be lowered |
3 | Works beyond 1 metre below natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface |
4 | Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface |
5 | Works on land below the 10 metre AHD contour and within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land |
The works may occur in the carrying out of agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins), foundations, flood mitigation works or other works that are likely to lower the watertable.
Development is to maintain and where possible enhance the safety and security of the locality.
In particular—
• buildings are to overlook streets as well as public and communal places to allow casual surveillance,
• service areas and access ways are to be either secured or allow casual surveillance,
• there is to be adequate lighting of entrances and pedestrian areas,
• after hours land use activities are to be located along primary pedestrian routes,
• public toilets, telephones and other public facilities are to be located so as to have direct access and to be clearly visible from well trafficked public spaces, and
• entrances to buildings are to be from public streets wherever possible.
Fences, including side fences, located within the street setback area (as identified in the Locality Statement) are to be compatible with the existing streetscape character unless the applicable Locality Statement provides otherwise.
Fences are to be constructed so as to allow for casual surveillance except on main roads where it can be demonstrated that a solid fence is consistent with the existing streetscape and is required to mitigate traffic noise.
Where solid fences are required they are to be articulated to provide visual interest or set back to allow for landscaping to adequately soften and screen the appearance of such fences.
The erection of fences which are not greater than 1.2 metres in height and are of open construction is generally exempt development and does not require development consent. Refer to clause 7 and Schedule 1 (Exempt development).
Development adjacent to parks, bushland reserves and other public open spaces, including land reserved for public open space, is to complement the landscape character and public use and enjoyment of that land.
In particular—
• where appropriate, housing is to front public open spaces,
• public access to public open spaces is to be maximised,
• buildings are to be located to provide an outlook to public open spaces, without appearing to privatise that space,
• development is to provide a visual transition between open space and buildings including avoiding abutting public open spaces with back fences,
• views to and from public open spaces are to be protected, and
• buffers for bushfire protection are to be provided on private land and not on public land.
If public open space or land reserved for public open space contains bushland, development on that land is not to threaten the protection or preservation of the bushland.
The protection or preservation of bushland may be threatened by a number of direct and indirect processes, including the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland.
The number, size, shape, extent, placement and content of signs are to be limited to the extent necessary to—
• allow the reasonable identification of the land use, business, activity or building to which the sign relates, and
• ensure that the sign is compatible with the design, scale and architectural character of the building or site upon which it is to be placed, and
• ensure that the sign does not dominate or obscure other signs or result in visual clutter, and
• ensure that the sign does not endanger the public or diminish the amenity of nearby properties.
In particular—
• Except where the applicable Locality Statement provides otherwise, the maximum area of signage (including the area of any existing signs) above the top side of an awning fascia or above 4.6m in height above ground level (whichever is the lower) is—
Signs (above awning)
Land use
Maximum area
(1 street frontage)
Maximum area
(more than 1 street frontage)
Business uses
1 m
2 for every 5 m frontage of a building up to a maximum of 4 m2 1 m
2 for every 8 m frontage of a building up to a maximum of 4 m2 Industrial and warehouse uses
1 m
2 for every 2 m frontage of a building up to a maximum of 8 m2 1 m
2 for every 4 m frontage of a building up to a maximum of 8 m2 • Except where the applicable Locality Statement provides otherwise, the maximum area of signage (including the area of any existing signs) below the top side of an awning fascia return or below 4.6 metres above ground level (whichever is the lower) is—
Signs (below awning)
Land use
Maximum area
(1 street frontage)
Maximum area
(more than 1 street frontage)
Housing and home businesses
600cm
2 600cm
2 Other business uses
1m
2 for every 2m frontage of a building up to a maximum of 5m2 1m
2 for every 4m frontage of a building up to a maximum of 5m2 Industrial and warehouse uses
1m
2 for every 4m frontage of a building up to a maximum of 5m2 1m
2 for every 8m frontage of a building up to a maximum of 5m2 • Signs displayed on dwellings are to be attached to the ground floor facade of the dwelling unless the land is located on a main road or the dwelling is not visible from the street, in which case the sign may be attached to a front fence, and
• No more than one sign is to be located above the awning level for business uses, and
• Tenancy boards and the like are encouraged to be in the form of consolidated signs, and
• If pole or pylon signs are appropriate, they are to have a height of no more than 6 metres, and
• Awning fascia signs are not to exceed the height of the awning return, and
• Signs are not to emit excessive glare or cause excessive reflection, and
• Signs are not to obscure views of vehicles, pedestrians or potentially hazardous road features, and
• Signs are not to be capable of being confused with, or to reduce the effectiveness of, traffic control devices.
Certain types of signs do not require development consent. Refer to Schedule 1 (Exempt development). Certain types of signs are prohibited. Refer to Schedule 4 (Prohibited signs).
If proposed development will involve a need for them, utility services must be provided to the site of the development, including provision for the supply of water, gas, telecommunications and electricity and the satisfactory management of sewage and drainage.
Utility services including service structures, plant and equipment are to be located below ground or be designed to be an integral part of the development and suitably screened from public places or streets. Where possible, underground utility services are to be provided in a common trench.
Habitable buildings must be connected to Sydney Water Corporation’s sewerage system if within a locality where the density is one dwelling per 1,050m
Apartment development in the “medium density areas” as shown on the map and localities E4, E7, E10, E13, E14, E16, E19 and E20 shall not result in adjacent allotment(s) that have areas or dimensions, or are constrained in other ways, that would render such allotment(s) incapable of compliance with the relevant Locality Statement and general principles of development control.
Standards for side boundary envelopes and side setbacks for built form may be contravened where they would otherwise apply to basement carparking structures and private open space, in the case of existing narrow width allotments that make compliance with these standards unreasonable and that are surrounded by medium density development or apartment style housing. These built form controls may be contravened only where the proposed development is consistent with the desired future character of the locality and complies with the following additional side boundary envelope and side setback built form standards—
• basement carparking structures may be positioned up to a minimum of 2 metres from the side boundary but shall be not more than 1 metre above natural ground level, and
• private open space may extend to a minimum of 3.5 metres from a side boundary.
Development is to be designed to retain and complement any distinctive environmental features of its site and on adjoining and nearby land.
In particular, development is to be designed to incorporate or be sympathetic to environmental features such as rock outcrops, remnant bushland and watercourses.
On sloping land, the height and bulk of development, particularly on the downhill side, is to be minimised and the need for cut and fill reduced by designs which minimise the building footprint and allow the building mass to step down the slope.
In particular—
• the amount of fill is not to exceed more than 1 metre in depth, and
• fill is not to spread beyond the footprint of the building, and
• excavation of the landform is to be minimised.
The geotechnical stability of sloping land to support development is to be demonstrated.
Consent must not be granted for development involving the erection of a structure, including additions to an existing structure, on land identified as being potentially subject to landslip on the Landslip Hazard Map unless the consent authority has considered a report from a suitably qualified engineer as to the geotechnical stability of the land to support such development and an assessment of stormwater prepared by a suitably qualified hydraulic engineer.
Development is to be sited and designed to minimise the impact on remnant indigenous flora, including canopy trees and understorey vegetation, and on remnant native ground cover species.
This clause applies to parcels of land, being all adjacent or adjoining land held in the same ownership, that are—
• greater than 1 hectare in area, and
• potential koala habitat.
Before granting consent to development on land to which this clause applies, the consent authority, on information obtained from a person with appropriate qualifications and experience in biological science and fauna survey and management, must be satisfied as to whether or not the land is core koala habitat.
Development within land that is core koala habitat must be consistent with a plan of management for that habitat prepared in accordance with Schedule 11 (Koala feed tree species and plans of management).
For the purposes of this clause—
Development is to be sited and designed to maintain and enhance natural watercourses and aquatic habitat.
Development within 40 metres of a watercourse requires a permit pursuant to the Rivers and Foreshores Improvement Act 1948, from the Department of Land and Water Conservation.
Development is to allow for the reasonable sharing of views.
Development is not to unreasonably reduce sunlight to surrounding properties.
In the case of housing—
• sunlight, to at least 50% of the principal private open spaces, is not to be reduced to less than 2 hours between 9 am and 3 pm on June 21, and
• where overshadowing by existing structures and fences is greater than this, sunlight is not to be further reduced by development by more than 20%.
Landscaped open space is to be of such dimensions and slope and of such characteristics that it will—
• enable the establishment of appropriate plantings to maintain and enhance the streetscape and the desired future character of the locality, and
• enable the establishment of appropriate plantings that are of a scale and density commensurate with the building height, bulk and scale, and
• enhance privacy between dwellings, and
• accommodate appropriate outdoor recreational needs and suit the anticipated requirements of dwelling occupants, and
• provide space for service functions, including clothes drying, and
• facilitate water management including on-site detention and the infiltration of stormwater, and
• incorporate the establishment of any plant species nominated in the relevant Locality Statement, and
• enable the establishment of indigenous vegetation and habitat for native fauna, and
• conserve significant features of the site.
In localities where a rear building setback applies, the objectives of the rear building setback controls are—
• to create a sense of openness in rear yards, and
• to preserve the amenity of adjacent land, and
• to maintain the visual continuity and pattern of buildings, rear gardens and landscape elements, and
• to provide opportunities to maintain privacy between dwellings, and
• in medium density areas, to minimise the visual effect of podiums and to control the density of development, and
• to provide opportunities for the planting of substantial native trees.
Private open space is to be—
• provided for all housing, and
• clearly set apart for private use, and
• directly accessible from a living area of the dwelling and capable of serving as an extension of the dwelling for relaxation, dining, entertainment, recreation and children’s play, and
• capable of receiving not less than 2 hours of sunlight between 9 am and 3 pm on June 21 over at least 50% of the area of the private open space (in the case of ground level private open space and other than for apartment style housing).
In particular—
• The minimum area and dimensions of private open space required for different types of housing are as follows—
Table
Housing type
Area and minimum dimensions
Dwellings (other than apartment style housing) located at ground level with 1 or 2 bedrooms
a total of 35m
2 with minimum dimensions of 3 metresDwellings (other than apartment style housing) located at ground level with 3 or more bedrooms
a total of 60m
2 with minimum dimensions of 5 metresApartment style housing (excluding town houses and villa homes)
10m
2 with minimum dimensions of 2.5 metres
For the purposes of reading this table,
For the purpose of calculating the number of bedrooms, studies or other such rooms capable of being used as a bedroom will also be counted as a bedroom.
Private open space is not to be located in the street setback area unless the site is a corner allotment or the applicable Locality Statement provides otherwise.
Development is not to cause unreasonable direct overlooking of habitable rooms and principal private open spaces of other dwellings.
In particular—
• the windows of one dwelling are to be located so they do not provide direct and close views (ie from less than 9 metres away) into the windows of other dwellings, and
• planter boxes, louvre screens, pergolas, balcony design and the like are to be used to screen a minimum of 50% of the principal private open space of a lower apartment from overlooking from an upper apartment.
The effective location of windows and balconies to avoid overlooking is preferred to the use of screening devices, high sills or obscured glass. Where these are used, they should be integrated with the building design and have minimal negative effect on the amenity of residents and neighbours.
Buildings are to have a visual bulk and an architectural scale consistent with structures on adjoining or nearby land and are not to visually dominate the street or surrounding spaces, unless the applicable Locality Statement provides otherwise.
In particular—
• side and rear setbacks are to be progressively increased as wall height increases,
• large areas of continuous wall planes are to be avoided by varying building setbacks and using appropriate techniques to provide visual relief, and
• appropriate landscape plantings are to be provided to reduce the visual bulk of new buildings and works.
Roofs are to complement the local skyline. Lift overruns and other mechanical equipment is not to detract from the appearance of roofs.
Development is to make the most efficient use of energy and water.
In particular—
• the orientation, layout and landscaping of buildings and works and their sites are to make the best use of natural ventilation, daylight and solar energy,
• site layout and structures are to allow reasonable solar access for the purposes of water heating and electricity generation and maintain reasonable solar access to adjoining properties,
• buildings are to minimise winter heat loss and summer heat gain,
• landscape design is to assist in the conservation of energy and water,
• reuse of stormwater for on-site irrigation and domestic use is to be encouraged, subject to consideration of public health risks,
• subdivision of land must be generally in accordance with the guidelines set out in the document published by the former Sustainable Energy Development Authority under the title Solar Access for Lots: Guidelines for Residential Subdivision, copies of which are available at the offices of the Council.
The siting, design and construction of premises available to the public are to ensure an accessible continuous path of travel, so that all people can enter and use the premises. Such access is to comply with the requirements of the Disability Discrimination Act 1992 of the Commonwealth and with Australian Standard AS 1428.2—1992, Design for access and mobility—Enhanced and additional requirements—Buildings and facilities.
Site facilities including garbage and recycling bin enclosures, mailboxes and clothes drying facilities are to be adequate and convenient for the needs of users and are to have minimal visual impact from public places.
In particular—
• waste and recycling bin enclosures are to be adequate in size, durable, integrated with the building design and site landscaping, suitably screened from public places or streets and located for convenient access for collection, and
• housing which is required to have landscaped open space is to be provided with adequate open air clothes drying facilities which are suitably screened from public places or streets, and
• individual dwellings are to be provided with an area for general storage.
Parking facilities (including garages) are to be sited and designed so as not to dominate the street frontage or other public spaces.
In particular—
• garage doors and carports are to be integrated into the house design where topography and other constraints of the site allow, and
• laneways are to be used to provide rear access to carparking areas where possible, and
• car parking is to be provided underground or in semi basements for apartment buildings and other large developments, and
• parking is to be located so that views of the street from front windows are not obscured.
Individual Locality Statements may provide more detailed guidance regarding the location and design of carparking facilities.
Vehicle access points for parking, servicing or deliveries, and pedestrian access, are to be located in such a way as to minimise—
• traffic hazards, and
• vehicles queuing on public roads, and
• the number of crossing places to a street, and
• traffic and pedestrian conflict, and
• interference with public transport facilities.
Where practical, vehicle access is to be obtained from minor streets and lanes.
Facilities for the loading and unloading of service, delivery and emergency vehicles are to be appropriate to the size and nature of the development. On-site facilities are to be screened from public view and designed so that vehicles may enter and leave in a forward direction.
Adequate off-street carparking is to be provided within the subject property boundaries having regard to—
• the land use, and
• the hours of operation, and
• the availability of public transport, and
• the availability of alternative carparking, and
• the need for parking facilities for courier vehicles, delivery/service vehicles and bicycles.
Unless the applicable Locality Statement provides otherwise—
(a) if Schedule 17 (Carparking provision) specifies the minimum number of on-site parking spaces required in relation to a particular land use, or sets out a means of calculating that minimum number of spaces—at least that minimum number of spaces must be provided, or
(b) if Schedule 17 provides for comparisons to be drawn with developments for a similar purpose or for surveys to be taken—comparisons must be drawn or surveys taken and no less than the appropriate number of spaces must be provided, or
(c) if Schedule 17 requires reference to be made to specified design principles—reference must be made to those design principles.
If Schedule 17 requires for adequate provision of other facilities, those facilities must be provided.
In Schedule 17—
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and plant rooms, and ancillary storage space and vertical air-conditioning ducts, and
(c) carparking specifications which meet requirements of Council and internal access thereto, and
(d) space for the loading and unloading of goods.
Carparking for land uses not identified in Schedule 17 must be adequate to serve the development having regard to the points set out above.
Despite Schedule 17, community title subdivisions are to include provision for one visitor parking space per five dwellings or part thereof. These spaces are to be located within the neighbourhood property lot.
For the purposes of calculating the number of bedrooms in a unit so as to calculate minimum parking requirements under Schedule 17, studies, lofts or other such rooms capable of being used as bedrooms will also be calculated as a bedroom.
• health consulting rooms
• hire establishments
• hotels
• housing, unless this Locality Statement provides otherwise
• industries, unless this Locality Statement provides otherwise
• medical centres
• motor showrooms
• offices
• places of worship
• primary schools, unless this Locality Statement provides otherwise
• recreation facilities
• registered clubs
• restaurants
• retail plant nurseries
• service stations
• shops
• short term accommodation
• vehicle repair stations
• veterinary hospitals
• warehouses, unless this Locality Statement provides otherwise
Development of the land shown cross-hatched on the map otherwise than for the purpose of bushfire hazard reduction.
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• heliports
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
The maximum housing density is one dwelling per allotment on the site commonly referred to as the “Ardel” site (approved subdivision of Lot 2854 DP 822350, Land and Environment Court proceeding No 10427 of 1997 and Nos 10739, 10740, 10741 of 1999).
Granny flats area not considered to be a dwelling and are limited to one per allotment.
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Development is to maintain a minimum front setback of 10 metres to any public street, except on allotments with a site area less than 735m
The minimum front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.
On allotments with a site area less than 735m
To measure the side boundary envelope—
• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.
Fascias, gutters, downpipes, eaves, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
The minimum area of landscaped open space is 50 per cent of the site area.
To measure an area of landscaped open space—
• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,
• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,
• landscaped open space must be at ground level,
• the minimum soil depth of land that can be landscaped open space is 1 metre.
The Freshwater Beach locality will remain characterised by detached style housing in landscaped settings interspersed by existing apartment style housing and a range of complementary and compatible uses.
Future development will maintain the visual pattern and predominant scale of existing detached style housing in the locality except for the Harbord Diggers Club. The streets will be characterised by landscaped front gardens and consistent front building setbacks. Unless exemptions are made to the housing density standard in this locality statement, any subdivision of land is to be consistent with the predominant pattern, size and configuration of existing allotments in the locality.
The locality contains hillsides and elevated landforms, prominent coastal headlands and cliffs and remnant vegetation. These elements will be protected from development that would detract from their visual and natural qualities, presenting in some parts of the locality a constraint to further development.
The Harbord Diggers Club will continue to cater for the recreational and leisure needs of the community. If the existing approved building and carparking areas are to be expanded, regard must be had to any approved and detailed masterplan for the site. Such a masterplan is to address issues such as views, visual impact, natural features, management of traffic and impact upon the amenity of the locality.
The locality will continue to be served by the existing local retail centre shown on the map. Future development in this centre will be in accordance with the general principles of development control provided in clause 39.
Development for the purpose of the following except within the local retail centres shown on the map—
• housing
Development for the purpose of the following only within the local retail centres shown on the map—
• business premises
• health consulting rooms
• housing (not on ground floor)
• housing for older people or people with disabilities (not on ground floor)
• medical centres
• offices
• restaurants
• shops
With the exception of health consulting rooms, housing and housing for older people or people with disabilities, these are Category 3 in the remainder of the locality.
Development for the purpose of the following—
• child care centres
• community facilities
• further education
• health consulting rooms
• hospitals
• hotels (on the site of Harbord Hotel)
• housing for older people or people with disabilities
• places of worship
• primary schools
• registered clubs (on sites of such clubs when this plan commenced)
• veterinary hospitals
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3
Development for the purpose of the following—
• agriculture
• animal boarding or training establishments
• bulky goods shops
• entertainment facilities
• extractive industries
• hire establishments
• hotels
• industries
• motor showrooms
• recreation facilities
• retail plant nurseries
• service stations
• short term accommodation
• vehicle repair stations
• warehouses
For land outside local retail centres, also development that is Category 1 within those centres, except development for the purpose of health consulting rooms, housing or housing for older people or people with disabilities.
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• heliports
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
The maximum housing density is 1 dwelling per 450m
To measure housing density—
• the site area (which does not include the area of any access corridor, whether such access corridor is to be created or is in existence at the time of application for development consent) is divided by the number of dwellings proposed on the site, including any existing dwellings which are to be retained,
• the site is the allotment which existed on the day this plan came into effect,
• granny flats are not considered to be a dwelling and are limited to one per allotment.
In calculating housing density, the area of any access corridor (including any right-of-carriageway, access handle, accessway or other area that provides for vehicle access) is to be excluded, whether that access corridor is to be created or is in existence at the time of application for subdivision.
This control does not apply—
(a) where this standard would prevent an existing allotment accommodating one dwelling,
(b) (Repealed)
(c) for housing for older people or people with disabilities, where the site area per dwelling may be reduced provided the buildings are sited and designed and landscaping is used to ensure the development relates favourably to the pattern, scale and landscape character of the street and surrounding development and the development conforms with the minimum standards set out in clause 29,
(d) for housing located within a local retail centre.
Buildings are not to exceed 8.5 metres in height, where height is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and the natural ground level below.
Buildings are not to exceed 7.2 metres from natural ground level to the underside of the ceiling on the uppermost floor of the building (excluding habitable areas located wholly within a roof space), but this standard may be relaxed on sites with slopes greater than 20 per cent within the building platform (measured at the base of the walls of the building), provided the building does not exceed the 8.5 metre height standard, is designed and located to minimise the bulk of the building and has minimal visual impact when viewed from the downslope sides of the land.
Development is to maintain a minimum front building setback.
The minimum front building setback is 6.5 metres.
The front building setback area is to be landscaped and generally free of any structures, carparking or site facilities other than driveways, letterboxes and fences.
Consent may be granted for development to be carried out within the minimum front building setback—
• on corner blocks or blocks with double street frontage the front building setback may be reduced to a minimum of 3.5 metres for the secondary frontage, but secondary street setback variations must consider the character of the secondary street and the predominant setbacks existing to that street, or
• on allotments constrained by the location and use of existing buildings or the topography, if it is for the provision of carparking.
The minimum rear building setback is 6 metres.
The rear building setback area is to be landscaped and free of any structures.
To measure the rear building setback—
• The rear building setback is the distance measured perpendicular to the boundary furthest from a public street up to any structure on the allotment.
The rear building setback does not apply to corner allotments.
The rear building setback may be encroached by—
• exempt development, swimming pools and outbuildings which, in total, do not exceed 50 per cent of the rear setback area.
The map shows a minimum building setback adjacent to the cliff near Pavilion Street. The area between the minimum building setback and cliff is to be free of any buildings or structures and landscaped using predominantly indigenous vegetation.
Buildings must be sited within an envelope determined by projecting planes at 45 degrees from a height of 5 metres above natural ground level at the side boundaries.
The minimum setback from a building to a side boundary is 0.9 metre.
To measure the side boundary envelope and side setback—
• on corner allotments the side boundaries are taken to be the boundaries that do not have frontage to a public street.
Fascias, gutters, downpipes, eaves up to 0.675 metre from the boundary, masonry chimneys, flues, pipes, or other services infrastructure may encroach beyond the side boundary envelope.
Screens or sunblinds, light fittings, electricity or gas meters, or other services infrastructure and structures not more than 1 metre above natural ground level such as unroofed terraces, balconies, landings, steps or ramps may encroach beyond the minimum side setback.
Consent may be granted to development that, to a minor extent, does not comply with—
• the side boundary envelope, to allow the addition of a second storey to an existing dwelling, or
• the side setback, to allow a single storey outbuilding, carport, pergola or the like.
The minimum area of landscaped open space is 40 per cent of the site area.
To measure an area of landscaped open space—
• impervious surfaces such as driveways, paved areas, roofed areas, tennis courts, car parking and stormwater structures, decks and the like and any area with a width or length of less than 2 metres are excluded from the landscaped open space area,
• the water surface of swimming pools and impervious surfaces which occur naturally such as rock outcrops are included in the landscaped open space area,
• landscaped open space must be at ground level,
• the minimum soil depth of land that can be landscaped open space is 1 metre.
The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with to be complying development.
Column A | Column B |
Development for the purpose of— | |
Single storey detached houses, being—
| As described in Schedule 12—Part A |
Attached houses and apartment buildings, being—
| As described in Schedule 12—Part A |
Swimming pools | As described in Schedule 12—Part B |
Business uses, offices and shops, being—
| As described in Schedule 12—Part D |
The following heritage items of
• Harbord Uniting Church, cnr Albert Street and Oceanview Road, Harbord
• Street trees, Kooloora Avenue, Harbord
• “Felicita”, 46 Kooloora Avenue, Harbord
• Harbord Beach Hotel, cnr Moore Road and Charles Street, Harbord
• Street trees, Soldiers Avenue, Harbord
• “Freshwater” Restaurant, 80 Undercliff Road, Harbord
• Harbord Public School, cnr Wyadra Road and Oliver Street, Harbord
• Jacka Park Memorial Garden, cnr Wyndora Avenue and Oliver Street, Harbord
• Street trees, Wyuna Avenue, Harbord
• 17A Crown Road, Queenscliff
• Pandanas Art Gallery and Café, 31–33 Crown Road, Queenscliff
• Front sandstone boundary wall and rear sandstone retaining wall, 31 Pavilion Street, Queenscliff
• Rear sandstone retaining wall and sandstone access stairway, 33 Pavilion Street, Queenscliff
• Freshwater View Reserve, Pavilion Street, Queenscliff
• Freshwater Surf Life Saving Club, Freshwater Beach, Harbord
The following heritage items of
• Freshwater Rock Pool, Freshwater Beach, Harbord
• Duke Kahanamoku Statue and Memorial Park, Lumsdaine Drive, Harbord
• Coastal Cliffs between South Curl Curl Beach and Freshwater Beach as shown on the map
• Coastal Cliffs on southern side of Freshwater Beach as shown on the map
The Harbord Village will retain its retail character incorporating a mix of small retail and business uses with low-rise shop-top housing. A range of retailing and after-hours activities at street level will reinforce the character of the village.
Future development will maintain the continuity of existing building facades ensuring that they are broken into distinct vertical segments reflecting the traditional pattern of shopfront development. The design and treatment of buildings will also reflect the exposed nature of the locality incorporating continuous footpath awnings and creating a pedestrian environment which is safe, comfortable and interesting. Commercial use of part of the footpath for outdoor eating is appropriate.
The ground floor of buildings will be predominantly used for business purposes while upper floors may be used for housing. Building design will enable the first floor to be adapted for business use in the future.
Buildings greater than 2 storeys in height are to be designed so that the massing is substantially reduced on the top floor thereby reducing the visual bulk of the development and enabling views between buildings.
Development that adjoins residential land is not to reduce the amenity enjoyed by adjoining occupants. In this regard the built form of development in the village is to provide a transition to adjacent residential development, including reasonable setbacks from side and rear boundaries, particularly above the ground floor level.
Development for the purpose of the following—
• business premises
• health consulting rooms
• housing (not on ground floor)
• medical centres
• offices
• shops
• restaurants
Development for the purpose of the following—
• child care centres
• community facilities
• entertainment facilities
• further education
• hotels
• housing for older people or people with disabilities (not on ground floor)
• places of worship
• recreation facilities
• registered clubs
• short term accommodation
• veterinary hospitals
• other buildings, works, places or land uses that are not prohibited or in Category 1 or 3
Development for the purpose of the following—
• agriculture
• animal boarding or training establishments
• bulky goods shops
• extractive industries
• hire establishments
• hospitals
• industries
• motor showrooms
• primary schools
• retail plant nurseries
• service stations
• vehicle repair stations
• warehouses
Development for the purpose of the following is prohibited within this locality—
• brothels
• extractive industries
• heliports
• potentially hazardous industries
• potentially offensive industries
• vehicle body repair workshops
Canal estate development is also prohibited within this locality.
Buildings are neither to exceed 3 storeys nor 11 metres.
Buildings must comply with both the maximum height measured in storeys and the maximum height measured in metres.
To measure the height of a building—
• the maximum height in metres is the distance measured vertically between the topmost point of the building (not being a vent or chimney or the like) and natural ground level below,
• a storey is the space between two floors, or the space between any floor and its ceiling or roof above,
• foundation spaces, garages, workshops, store rooms and the like which do not project more than 1 metre above natural ground level (at any point) are not counted as storeys,
• the number of storeys is the maximum number of storeys which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
Development is to maintain a minimum front building setback. The ground floor of buildings must be aligned on the street frontage.
The minimum front building setback to any third storey is 5 metres.
Attached elements such as pergolas, sun control awnings and balcony balustrades which are composed of substantially transparent structures may encroach within the minimum front building setback area.
Footpath awnings must be incorporated into the design of buildings to provide shelter to pedestrians and help reinforce the human scale of the Harbord Centre.
The following table shows the development which is complying development in this locality. Column A describes the development and Column B shows the requirements that the development must comply with to be complying development.
Column A | Column B |
Development for the purpose of— | |
Business uses, offices and shops, being—
| As described in Schedule 12—Part D |
The following heritage items of
• Harbord Literary Institute, cnr Lawrence Street and Oliver Street, Harbord
• Early Childhood Health Centre, 29 Lawrence Street, Harbord
Warringah Local Environmental Plan 2000 published in Gazette No 158 of 5.12.2000, p 12199 and amended as follows—
Warringah Local Environmental Plan 2000 (Amendment No 1) (GG No 117 of 27.7.2001, p 5716)
Warringah Local Environmental Plan 2000 (Amendment No 3) (GG No 120 of 3.8.2001, p 5819)
Warringah Local Environmental Plan 2000 (Amendment No 2) (GG No 150 of 5.10.2001, p 8452)
Warringah Local Environmental Plan 2000 (Amendment No 4) (GG No 196 of 21.12.2001, p 10730)
Warringah Local Environmental Plan 2000 (Amendment No 5) (GG No 78 of 26.4.2002, p 2488)
Warringah Local Environmental Plan 2000 (Amendment No 9) (GG No 237 of 29.11.2002, p 10288)
Warringah Local Environmental Plan 2000 (Amendment No 6) (GG No 263 of 20.12.2002, p 10940)
Warringah Local Environmental Plan 2000 (Amendment No 8) (GG No 33 of 31.1.2003, p 712)
Warringah Local Environmental Plan 2000 (Amendment No 7) (GG No 168 of 24.10.2003, p 10184)
Warringah Local Environmental Plan 2000 (Amendment No 12) (GG No 195 of 3.12.2004, p 8921)
Statute Law (Miscellaneous Provisions) Act (No 2) 2004 No 91. Assented to 10.12.2004. Date of commencement of Sch 2.87, assent, sec 2 (2).
Warringah Local Environmental Plan 2000 (Amendment No 10) (GG No 198 of 10.12.2004, p 9093)
State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004 (GG No 201 of 17.12.2004, p 9590)
(194) | State Environmental Planning Policy (State Significant Development) 2005. GG No 60 of 25.5.2005, p 1785. Date of commencement, on gazettal. | |
(561) | Warringah Local Environmental Plan 2000 (Amendment No 11). GG No 113 of 9.9.2005, p 7358. Date of commencement, on gazettal. | |
(588) | Warringah Local Environmental Plan 2000 (Amendment No 14). GG No 118 of 23.9.2005, p 7579. Date of commencement, on gazettal. | |
(876) | Warringah Local Environmental Plan 2000 (Amendment No 15). GG No 166 of 23.12.2005, p 11645. Date of commencement, on gazettal. | |
(877) | Warringah Local Environmental Plan 2000 (Amendment No 16). GG No 166 of 23.12.2005, p 11648. Date of commencement, on gazettal. | |
(70) | Warringah Local Environmental Plan 2000 (Amendment No 13). GG No 27 of 24.2.2006, p 966. Date of commencement, on gazettal. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.70, assent, sec 2 (2). | |
(483) | Warringah Local Environmental Plan 2000 (Amendment No 18). GG No 103 of 18.8.2006, p 6524. Date of commencement, on gazettal. | |
(585) | Warringah Local Environmental Plan 2000 (Amendment No 17). GG No 116 of 15.9.2006, p 8046. Date of commencement, on gazettal. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
(296) | Warringah Local Environmental Plan 2000 (Amendment No 20). GG No 87 of 11.7.2008, p 6990. Date of commencement, on gazettal. | |
(547) | Warringah Local Environmental Plan 2000 (Amendment No 21). GG No 152 of 28.11.2008, p 11405. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 2.74 [1] [2] and [4], 17.7.2009, sec 2 (2); date of commencement of Sch 2.74 [3] [5] and [6], 1.7.2009, Sch 2.74 and 2009 (253) LW 26.6.2009. | |
(364) | State Environmental Planning Policy (Affordable Rental Housing) 2009. LW 31.7.2009. Date of commencement of Sch 3.12, on publication on LW, cl 2 (1). | |
(649) | Warringah Local Environmental Plan 2011. LW 9.12.2011. Date of commencement, on publication on LW, cl 1.1AA. | |
(325) | Warringah Local Environmental Plan 2011 (Amendment No 19). LW 30.6.2017. Date of commencement, on publication on LW, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.40, 15.1.2020, cl 2(1). | |
(667) | State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020. LW 13.11.2020. Date of commencement, on publication on LW, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. |
Cl 2 | Am 2011 (649), Sch 6.3; 2017 (325), Sch 2 [1]. |
Cl 3 | Am 2020 (724), Sch 1.16. |
Cl 4 | Am 29.11.2002. Rep 3.12.2004. |
Cl 5 | Am 5.10.2001; 2006 (483), Sch 1 [1]; 2008 (296), Sch 1 [1]. |
Cl 8 | Am 3.8.2001. |
Cl 11 | Am 2005 (194), Sch 4.28 [1]. |
Cl 11, note | Rep 2005 (194), Sch 4.28 [2]. |
Cl 12 | Am 3.12.2004. |
Cl 12, note | Am 3.12.2004. |
Cl 14 | Am 29.11.2002. |
Cl 14A | Ins 2005 (561), Sch 1 [1]. |
Cl 18 | Am 3.12.2004. |
Cl 20 | Am 2005 (561), Sch 1 [2]; 2008 (547), Sch 1 [1]. |
Cl 21 | Am 21.12.2001. |
Cl 23 | Am 2005 (561), Sch 1 [3]. Rep 2021 (716), Sch 1.51[1]. |
Cl 24 | Rep 2005 (194), Sch 4.28 [3]. |
Cl 26 | Rep 2021 (716), Sch 1.51[1]. |
Cl 28 | Am 2008 (571), Sch 3.183 [1]. |
Cl 30 | Rep 17.12.2004. Ins 2005 (561), Sch 1 [4]. Rep 2008 (571), Sch 3.183 [2]. |
Cl 33A | Ins 2020 (724), Sch 3. |
Cl 33B | Ins 2021 (302), Sch 1.31. |
Cl 33C | Ins 2022 (629), Sch 2[3]. |
Cll 34, 35 | Am 5.10.2001. |
Cl 36 | Am 5.10.2001; 2008 (571), Sch 3.183 [3]. |
Cl 39 | Am 2005 (561), Sch 1 [5]. |
Cl 43 | Am 2005 (561), Sch 1 [6]. |
Cl 47 | Am 2004 No 91, Sch 2.87 [1]; 2005 (561), Sch 1 [7] [8]. |
Cl 48 | Am 2009 No 56, Sch 2.74 [1]–[4]. |
Cl 49 | Am 2022 (72), Sch 1.63[1]. |
Cl 49A | Ins 3.8.2001. |
Cl 50 | Am 2005 (561), Sch 1 [9] [10]. |
Cl 56 | Am 2005 (561), Sch 1 [11]. |
Cl 57 | Am 3.8.2001; 2005 (561), Sch 1 [12]. |
Cl 63 | Am 2005 (561), Sch 1 [13]. |
Cl 63A | Ins 2005 (561), Sch 1 [14]. |
Cl 64 | Am 2005 (561), Sch 1 [15]–[17]. |
Cl 68 | Am 5.10.2001; 2005 (561), Sch 1 [18]; 2005 (876), Sch 1 [1]. |
Cl 69 | Subst 2005 (561), Sch 1 [19]. |
Cl 71 | Am 2005 (561), Sch 1 [20]–[22]. |
Cl 74 | Am 24.10.2003; 2005 (561), Sch 1 [23] [24]. |
Cl 75 | Am 2005 (561), Sch 1 [25]–[27]. |
Cl 76 | Am 2005 (561), Sch 1 [28]–[30]. |
Cl 77 | Am 2005 (561), Sch 1 [31]. |
Cl 79 | Am 2006 (70), Sch 1 [1]; 2008 (571), Sch 3.183 [4] [5]. |
Cl 80 | Am 2006 (70), Sch 1 [2] [3]; 2008 (571), Sch 3.183 [6] [7]. |
Cl 81 | Am 17.12.2004. Rep 2008 (571), Sch 3.183 [8]. |
Cl 83 | Subst 2008 (571), Sch 3.183 [9]. |
Sch 1 | Am 3.8.2001; 21.12.2001; 2005 (561), Sch 1 [32]–[38]; 2008 (296), Sch 1 [2] [3]; 2009 (364), Sch 3.12; 2017 (325), Sch 2 [2]–[4]; 2022 (72), Sch 1.63[2]; 2022 (629), Sch 3.24[1]. |
Sch 2 | Am 5.10.2001; 2006 No 58, Sch 2.70. |
Sch 5 | Am 2005 (561), Sch 1 [39] [40]; 2022 (629), Sch 3.24[2]. |
Sch 7 | Am 21.12.2001; 2005 (561), Sch 1 [41]–[45]. |
Sch 8 | Am 2005 (561), Sch 1 [46] [47]. |
Sch 9 | Am 2009 No 56, Sch 2.74 [5]. |
Sch 10 | Rep 17.12.2004. Ins 2005 (561), Sch 1 [48]. |
Sch 11 | Am 2021 (716), Sch 1.51[2]. |
Sch 12 | Am 2005 (561), Sch 1 [49]; 2005 (876), Sch 1 [2] [3]. |
Sch 17 | Ins 24.10.2003. |
Dictionary | Am 27.7.2001; 3.8.2001; 5.10.2001; 21.12.2001; 26.4.2002; 29.11.2002; 20.12.2002; 31.1.2003; 10.12.2004; 2005 (561), Sch 1 [50]–[53]; 2005 (588), cl 4; 2005 (877), Sch 1; 2006 (70), Sch 1 [4] [5]; 2006 (585), Sch 1 [1]; 2008 (296), Sch 1 [4]; 2008 (547), Sch 1 [2]; 2009 No 56, Sch 2.74 [5] [6]; 2017 (325), Sch 2 [5]; 2019 (621), Sch 2.40. |
Appendix A | Am 21.12.2001; 31.1.2003; 2005 (561), Sch 1 [54]–[72]; 2006 (70), Sch 1 [6] [7]; 2006 (483), Sch 1 [2]; 2006 (585), Sch 1 [2]; 2021 (716), Sch 1.51[3]. |
Appendix B | Am 21.12.2001; 31.1.2003; 2004 No 91, Sch 2.87 [2]; 2005 (561), Sch 1 [55] [56] [58] [60] [67] [68] [73]–[95]; 2006 (70), Sch 1 [8] [9]; 2006 (483), Sch 1 [2] [3]; 2006 (585), Sch 1 [3]; 2006 No 120, Sch 2.110. |
Appendix C | Am 5.10.2001; 21.12.2001; 31.1.2003; 2005 (561), Sch 1 [55] [56] [58] [83] [87]–[88] [96]–[106]; 2006 (483), Sch 1 [4]; 2006 (585), Sch 1 [4]; 2020 (667), Sch 1.6. |
Appendix D | Am 5.10.2001; 21.12.2001; 10.12.2004; 2005 (561), Sch 1 [55] [56] [60] [65] [83]–[88] [107]–[126]; 2006 (70), Sch 1 [10]–[12]; 2006 (483), Sch 1 [3]. |
Appendix E | Am 5.10.2001; 21.12.2001; 2004 No 91, Sch 2.87 [3]; 2005 (561), Sch 1 [55] [56] [60] [78] [83]–[88] [111] [115] [116] [127]–[160]; 2006 (70), Sch 1 [13] [14]; 2006 (483), Sch 1 [2] [3]; 2008 (547), Sch 1 [3]. |
Appendix F | Am 5.10.2001; 21.12.2001; 2005 (561), Sch 1 [55] [56] [60] [83]–[88] [111] [115] [129] [161]–[164]; 2006 (70), Sch 1 [15]–[18]; 2006 (483), Sch 1 [2] [5]. |
Appendix G | Am 5.10.2001; 21.12.2001; 2005 (561), Sch 1 [55] [56] [60] [73] [83]–[88] [115] [118] [145] [165]–[180]; 2006 (70), Sch 1 [19]; 2006 (483), Sch 1 [2]. |
Appendix H | Am 21.12.2001; 2005 (561), Sch 1 [55] [56] [60] [83] [87] [88] [115]; 2006 (70), Sch 1 [20]; 2006 (483), Sch 1 [2]. |
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