Willoughby Local Environmental Plan 1995 (NSW)

Part 1General provisions1Name of plan

This plan may be cited as Willoughby Local Environmental Plan 1995.

2Aims and objectives

The aims and objectives of this plan are:

(a)
to update planning controls for the City of Willoughby, and
(b)
to allow development at a scale that is sensitive to environmental and planning constraints, and
(c)
to control and manage adverse environmental impacts of development, and
(d)
to maintain and enhance the amenity of residential areas, for example, by protecting these areas from inappropriate development, and
(e)
to ensure that residential development conforms with the scale and character of the individual residential development areas, and
(f)
to accommodate various housing types, and
(g)
to identify and protect environmentally sensitive areas, and
(h)
to conserve specific buildings and items of the environmental heritage and to retain the character of urban conservation areas, and
(i)
to provide adequate and accessible open space, and
(j)
to maintain and encourage a diversity of functional industrial uses by applying appropriate development standards, and
(k)
to make adequate provision for future local and regional traffic needs, and
(l)
to ensure that the intensity of commercial and industrial development does not adversely affect the amenity and safety of adjoining residential areas or the efficiency of the operation of any local or regional traffic network, and
(m)
to make better use of the existing infrastructure in the Chatswood Town Centre by removing the impediments to residential development in the centre, and
(n)
to improve development opportunities of the St Leonards subregional centre, placing a particular emphasis on residential development without, however, compromising the efficiency of the regional road network, and
(o)
to provide for increased residential density in accessible locations, while minimising the potential for adverse impacts of such increased density on the efficiency and safety of the road network, and
(p)
to co-ordinate the economic and equitable provision and utilisation of community facilities and services, and
(q)
to encourage methods of transport other than motor vehicles, and
(r)
to revise existing controls relating to residential development in order to pursue urban consolidation objectives, and
(s)
to encourage the development of new housing to meet the housing requirements of special needs groups within the City of Willoughby, and
(t)
to assist in promoting the Council’s role in facilitating housing for special needs groups within the City of Willoughby.

3Land to which plan applies(1)

This plan applies to all land within the City of Willoughby identified on the map.

(2)

However, this plan applies to land shown hatched on the map only to the extent that it amends other environmental planning instruments which apply to that land.

(3)

(Repealed)

4Relationship to other environmental planning instruments(1)

This plan repeals the following environmental planning instruments in so far as, immediately before the appointed day, they applied to the land to which this plan applies:

(a)
Willoughby Planning Scheme Ordinance,
(b)
all local environmental plans and other deemed environmental planning instruments except for Willoughby Local Environmental Plan No 40.

(2)

State Environmental Planning Policy No 25—Residential Allotment Sizes and Sydney Regional Environmental Plan No 12—Dual Occupancy do not apply to the land to which this plan applies.

(3)

The repeal of Schedule 1 does not affect any amendments made by that Schedule to the following environmental planning instruments:

•
State Environmental Planning Policy No 25—Residential Allotment Sizes,
•
Sydney Regional Environmental Plan No 5—(Chatswood Town Centre),
•
Sydney Regional Environmental Plan No 12—Dual Occupancy,
•
Willoughby Local Environmental Plan No 40.

(4)

Environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and the Willoughby Planning Scheme Ordinance) as in force immediately before the commencement of this plan continue to apply to a development application if:

(a)
the application was made but had not been finally determined before that commencement, and
(b)
the development that is the subject of the application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.

5Definitions(1)

In this plan:

access handle means land on which is situated an access driveway, access corridor or an “axe-handle” to a battle-axe block or hatchet-shaped lot, the purpose of which is to provide vehicular, pedestrian or services access from the street to the main parcel of the battle-axe block or hatchet-shaped lot (regardless of whether it involves the creation of reciprocal rights of way, is affected by an easement or is for the exclusive use of one dwelling-house).

adaptation means modifying a building or place to suit proposed uses that are compatible with conservation of the building or place.

adjoining land means land which abuts other land or is separated from it only by a pathway, driveway or similar thoroughfare.

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display contains a reference to the use of the premises on which the display occurs and whether or not the display involves the erection of a structure or the carrying out of a work.

alter in relation to a heritage item or to a building, work, relic, tree or place within a conservation area means:

(a)
make structural changes to its exterior, or
(b)
make non-structural changes to the detail, fabric, finish or appearance of the exterior, but not including any such changes resulting from maintenance, this being the continuous protective care of the existing detail, fabric, finish or appearance of the item or component.

advertising structure means a structure used or to be used principally for the display of an advertisement.

appointed day means the day on which this plan was gazetted and took effect.

A.H.D. means Australian Height Datum.

archaeological site means land identified as such a site on the Heritage and Conservation Map.

attached dwelling means a dwelling physically connected to another dwelling, where:

(a)
the two dwellings comprise a single building, and
(b)
the two dwellings are connected by a substantial wall separating habitable rooms such as lounge rooms, dining rooms, bedrooms or kitchens, or by the floor of one dwelling and the ceiling of the other.

Dwellings are not attached if the only physical connection between them is a verandah, pergola, balcony, driveway, walkway, garage, carport or private open space area.

attic means a habitable space totally within the roof space of a dwelling, or of a building including a dwelling, being a dwelling that occupies all or a substantial part of the level of the building immediately below the habitable space and of which dwelling the habitable space is part.

bed and breakfast means a dwelling-house in which the permanent residents provide rooms for paying guests, with a common facility for the provision of meals, but does not include premises:

(a)
licensed to sell liquor, or
(b)
that detract in any way from the amenity of the adjoining properties or locality in which the premises are situated, or
(c)
in or on which is exhibited any advertisement relating to the provision of accommodation (other than an advertisement which would fit within a rectangular figure 1.0 metres in length and 0.6 metre in height that is exhibited in or on the premises to indicate that the premises provide bed and breakfast accommodation), or
(d)
in which more than 3 bedrooms are used for paying guests, or
(e)
used as a backpackers’ hostel, boarding house, serviced apartments, private hotel, hotel or motel.

boarding house means a dwelling-house which is let in lodgings but does not include a motel, backpackers hostel, serviced apartments or other tourist establishment.

brothel means premises used habitually for the purposes of prostitution, that is, the engaging in a sexual activity by persons for payment. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

building height plane means a plane projected at an angle of 35 degrees over a site commencing at natural ground level along a boundary of a site specified in this plan for the purposes of establishing a building height plane.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

(a)
a large area for handling, storage or display, or
(b)
direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into or onto their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs, produce or clothing.

bushfire hazard reduction means a reduction or modification of fuel by burning or by chemical, mechanical or manual means.

bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

bushland vegetation means vegetation which is either a remnant of the natural vegetation of the land on which it is situated or, if altered, is still representative of the structure and floristics of the natural vegetation.

business premises means a building or place in which there is carried on an occupation, profession or trade which provides a service directly and regularly to the public and which does not adversely affect the amenity of the neighbouring occupiers or the locality, but does not include a building or place elsewhere defined in this clause.

car parking station means any land (including a building on that land) open to the public and used for the purpose of accommodating vehicles, whether on payment of a fee or not, but does not include:

(a)
land (including a building on that land) which is used for parking, being parking that is ancillary to other development on or adjoining that land, or
(b)
a metered zone, or
(c)
a metered space.

car repair station means a building or place used for the purpose of carrying out repairs to or servicing of motor vehicles, watercraft or caravans.

community facility means a building or place owned or controlled by the Council, any other public authority or an organisation established for community purposes which provides for the physical, social, cultural or intellectual development or welfare of the community, but does not include a building or place elsewhere defined in this clause.

conservation area means land shown as a conservation area on the Heritage and Conservation Map.

conservation plan means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area and which identifies how that significance is to be retained in its future use and development.

convenience store means a shop selling a variety of small consumer goods and petrol, oil and petroleum products, whether or not other goods are available for hire at the shop.

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

Council means the Council of the City of Willoughby.

county road means:

(a)
any existing road indicated on the map by a continuous red line on white between firm black lines, or
(b)
any proposed road widening indicated on the map by a broken red band between a firm black line and a broken black line.

demolition, in relation to:

(a)
a heritage item or a building, work, relic, tree or place within a heritage conservation area, means the total or partial destruction or dismantling of the heritage item or building, work, relic, tree or place, or
(b)
any other building, means the total or partial destruction, pulling down, or removal of the building.

drive-in take-away food shop means a building or place the principal purpose of which is the provision of food (whether for consumption on the premises or not) and which is dependent on customers who drive onto the premises, but does not include a building or place elsewhere defined in this clause.

dual occupancy means two dwellings only (whether attached or detached) on a single allotment of land.

film and television production facility means a building or place used for the purpose of carrying out the production of film and television, including post production.

floor space ratio of a site means the ratio of the total gross floor area of all buildings on the site to the total area of the site zoned for the purpose for which the building or buildings may be erected, exclusive of the area of any existing or proposed access handle.

general store means a shop used for the retail sale of general merchandise and may include post office facilities.

green travel plan means a package of initiatives to reduce car based travel.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1400 millimetres above each floor level, excluding:

(a)
columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and
(b)
lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and
(c)
car parking needed to meet any requirements of the consent authority and any internal designated vehicular or pedestrian access to that parking, and
(d)
space for the loading and unloading of goods.

hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

(a)
to human health, life or property, or
(b)
to the biophysical environment.

hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality:

(a)
to human health, life or property, or
(b)
to the biophysical environment.

health care professional means any person who provides professional health services to members of the public and includes the following:

(a)
a podiatrist registered under the Podiatrists Act 1989,
(b)
a chiropractor or osteopath registered under the Chiropractors and Osteopaths Act 1991,
(c)
a physiotherapist registered under the Physiotherapists Registration Act 1945,
(d)
an optometrist registered under the Optometrists Act 1930.

height has the meaning set out in subclause (3).

Heritage and Conservation Map means the map marked “Willoughby Local Environmental Plan 1995—Heritage and Conservation”, as amended by the maps (or, if sheets of maps are specified, by the sheets of maps) marked as follows:

Editorial note—

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

•
Willoughby Local Environmental Plan 1995 (Amendment No 7)—Sheet 10
•
Willoughby Local Environmental Plan 1995 (Amendment No 9)
•
Willoughby Local Environmental Plan 1995 (Amendment No 16)—Sheet 2
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Willoughby Local Environmental Plan 1995 (Amendment No 18)
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Willoughby Local Environmental Plan 1995 (Amendment No 19)—Sheets 7–10
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Willoughby Local Environmental Plan 1995 (Amendment No 38)
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Willoughby Local Environmental Plan 1995 (Amendment No 42)—Sheets 9–12
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Willoughby Local Environmental Plan 1995 (Amendment No 44)—Sheet 2
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Willoughby Local Environmental Plan 1995 (Amendment No 49)—Sheets 1–5, 7, 8 and 10
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Willoughby Local Environmental Plan 1995 (Amendment No 56)—Sheets 1–19
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Willoughby Local Environmental Plan 1995 (Amendment No 61)—Sheet 1

heritage item means a building, work, relic or place:

(a)
identified on the Heritage and Conservation Map as:
- (i)
  a State or regional heritage item, or
- (ii)
  a local heritage item, or
(b)
listed in Schedule 6 or 7.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

heritage statement means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area.

high density residential floor space map means Sheet 10 of the map, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

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

•
Willoughby Local Environmental Plan 1995 (Amendment No 5)
•
Willoughby Local Environmental Plan 1995 (Amendment No 10)
•
Willoughby Local Environmental Plan 1995 (Amendment No 21)

high technology industry means an enterprise that has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a)
electronic and micro-electronic systems, goods and components,
(b)
information technology, computer software and hardware,
(c)
instrumentation and instruments,
(d)
production of film and television, including any post production,
(e)
biological, pharmaceutical, medical or paramedical systems, goods and components,
(f)
other goods, systems and components intended for use in science and technology or communications.

home business means a dwelling-house that is not within 500 metres of land within a business zone and in which an occupation is carried out by the permanent residents of the dwelling-house that does not involve any of the following:

(a)
employment of more than 2 persons other than the permanent residents,
(b)
interference in any way with the amenity of adjoining properties or the locality in which the dwelling is situated,
(c)
the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign which would fit within a rectangular figure 1.0 metres in length and 0.6 metres in height and exhibited on that dwelling or land to indicate the name and occupation of the resident),
(d)
exposure to view from any public place of any matter other than a notice, advertisement or sign complying with paragraph (c),
(e)
a change in the appearance of the dwelling or the land on which it is erected out of character with that of the adjoining land,
(f)
the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
(g)
a courier, taxi, road transport, tow truck or freight delivery operation.

home industry means an industry carried on in a building (other than a dwelling) situated within the curtilage of a dwelling by the person who occupies the dwelling, being an industry that does not:

(a)
interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or
(b)
involve exposure to view of any unsightly matter from any adjacent premises or from any public place, or
(c)
require the provision of any essential service main of a greater capacity than that available in the locality, or
(d)
generate additional traffic of a type and amount that would have a significant adverse impact on the surrounding residential area.

home occupation means an occupation carried on in a dwelling by the permanent residents of the dwelling which would not have required the registration of the premises under sections 10–13 of the Factories, Shops and Industries Act 1962, as in force immediately before their repeal, and does not involve:

(a)
prostitution, or
(b)
the employment of persons other than those residents, or
(c)
interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(d)
the display of goods, whether in a window or otherwise, or
(e)
the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling to indicate the name and occupation of the resident), or
(f)
the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

hotel means premises, licensed under the Liquor Act 1982 to sell liquor, which provide accommodation for guests on a short-term basis without a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987, and may include facilities such as function rooms, restaurant, recreational facilities and ancillary retail uses.

Innisfallen Castle Estate means the land at Castle Cove identified by heavy black edging on sheet 5 of the map.

item of environmental heritage means any building, work, relic or place identified in this plan as a heritage item.

land excluded from dual occupancy provisions map means Sheet 11 of the map, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note—

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

•
Willoughby Local Environmental Plan 1995 (Amendment No 7)—Sheet 10
•
Willoughby Local Environmental Plan 1995 (Amendment No 9)
•
Willoughby Local Environmental Plan 1995 (Amendment No 18)
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Willoughby Local Environmental Plan 1995 (Amendment No 19)—Sheets 7–10
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Willoughby Local Environmental Plan 1995 (Amendment No 29)
•
Willoughby Local Environmental Plan 1995 (Amendment No 38)
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Willoughby Local Environmental Plan 1995 (Amendment No 42)—Sheets 11–12
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Willoughby Local Environmental Plan 1995 (Amendment No 49)—Sheets 1–5, 7, 8 and 10
•
Willoughby Local Environmental Plan 1995 (Amendment No 52)—Sheet 1

landscaped area means that part of a site which is not occupied by any building and is available for use and enjoyment by the occupants of a building erected on the site. It includes areas used for swimming pools, open-air recreation areas, gardens, lawns, shrubs or trees, but does not include areas used for driveways, parking areas, drying yards, garbage storage areas or public open space.

master plan means a document consisting of written information, maps and diagrams that:

(a)
makes detailed provisions relating to development of land, and
(b)
outlines in broad terms the long-term proposals for the development of land and explains how those proposals address the planning principles and development controls in this plan and any development control plan adopted by the Council that applies to the land.

motor showroom means a building or place used for the display or sale of cars, trucks or other motor vehicles and accessories for them.

natural ground level, in relation to land, means the level of the land as if no development had taken place on that land.

net floor area means the floor area of a building after excluding from its gross floor area fixed corridors, foyers, amenities, kitchens, tea rooms and wall thicknesses.

nursing home has the meaning ascribed to it in the National Health Act 1953 of the Commonwealth.

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

offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a pollution discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land in the locality.

office premises means a building or place used for the purpose of administration, clerical, technical, professional or like activities (except dealing with members of the public on a direct and regular basis or otherwise than by appointment), but does not include a building or place elsewhere defined in this clause.

parking space means an unobstructed area accessible to and, in the opinion of the Council, suitable for the parking of motor vehicles.

potential archaeological site means land identified as such a site on the Heritage and Conservation Map or a site the Council considers to have potential archaeological significance.

professional consulting rooms means a room or a number of rooms forming not more than 40% of the gross floor area of a dwelling-house and used by not more than one registered medical practitioner or by not more than one dentist within the meaning of the Dentists Act 1989, or by not more than one health care professional, who practises therein his or her profession as a sole practitioner, or in partnership with not more than one other practitioner practising the same profession, and who resides permanently on the premises or whose partner so resides, and who employs or whose partnership employs not more than one employee in connection with that practice.

recreation area means:

(a)
a children’s playground, or
(b)
an area used for sporting activities or sporting facilities, or
(c)
an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
- (i)
  the Council, or
- (ii)
  a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community, or
(d)
a landscaped area for passive enjoyment,

but does not include a racecourse or a showground.

recreation facility means a building used for indoor recreation, including a table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a building or place elsewhere defined in this clause.

regeneration means the natural regeneration (by germination of seed present in the soil or by sprouting, for example, from lignotubers) of native species/plant communities whether or not it follows removal of exotic species or other types of disturbances such as fire.

relic means any deposit, object or material evidence (terrestrial or underwater), relating to the use or settlement of the land to which this plan applies and which is 50 or more years old.

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

residential flat building means a building containing two or more dwellings whether attached or detached and includes buildings commonly known as town houses and villa houses.

restaurant means a building or place the principal purpose of which is the provision of food for consumption on the premises and includes a cafe, bistro or tea room, but does not include a building or place elsewhere defined in this clause.

road has the same meaning as in the Local Government Act 1993.

serviced apartment means a building containing two or more dwellings which are cleaned and serviced by the owner or manager of the building or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a hostel or a building or place elsewhere defined in this clause.

showroom means an area used for the display of goods, merchandise or materials which does not involve the sale of such items whether by retail or auction, but does not include areas elsewhere defined in this clause.

soft landscaped area means that part of a site which is not occupied by any building, structure or work and which is vegetated with gardens, lawns, shrubs or trees, but does not include any paved area.

special needs housing groups means residents of the City of Willoughby who are identified as being in housing need in the Willoughby City Housing Policy, being a policy adopted by the Council.

storey, in relation to a building, means the space between any 2 successive floors, or the space between natural ground level and any floor immediately above that level, or the space between any floor and its ceiling or roof above. Any such space that exceeds 3.5 metres in height is counted as 2 storeys. The following spaces are not to treated as storeys for the purposes of this definition:

(a)
spaces where the ceiling of that floor or level is less than 1 metre above natural ground level at all points,
(b)
in the case of an existing building, an attic with a floor area that does not exceed 60% (including lift towers and plant rooms) of the floor area of the level below. Such an attic is excepted only if it does not alter the pitch or profile of the roof of the building except by the inclusion of dormer or similar windows,
(c)
in the case of a proposed building, an attic with a floor area that will not exceed 60% (including lift towers and plant rooms) of the floor area of the level of the building immediately below. Such an attic is excepted only if it will not result in the pitch or profile of the roof of the building or height of the eaves being inconsistent with the roofs or eave height of surrounding buildings (disregarding the inclusion of dormer or similar windows for the purpose of comparison).

the map means the sheets (except the sheet marked “Sheet 10”) comprising the map marked Willoughby Local Environmental Plan 1995, as amended by the maps (or, if sheets of maps are specified, by the sheets of maps) marked as follows:

Editorial note—

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

•
Willoughby Local Environmental Plan 1995 (Amendment No 1)
•
Willoughby Local Environmental Plan 1995 (Amendment No 2)
•
Willoughby Local Environmental Plan 1995 (Amendment No 5)—Sheet 2
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Willoughby Local Environmental Plan 1995 (Amendment No 6)—Sheet 1
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Willoughby Local Environmental Plan 1995 (Amendment No 7)—Sheets 1–9 and 11–15
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Willoughby Local Environmental Plan 1995 (Amendment No 8)
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Willoughby Local Environmental Plan 1995 (Amendment No 10)—Sheet 1
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Willoughby Local Environmental Plan 1995 (Amendment No 15)
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Willoughby Local Environmental Plan 1995 (Amendment No 16)—Sheet 1
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Willoughby Local Environmental Plan 1995 (Amendment No 17)
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Willoughby Local Environmental Plan 1995 (Amendment No 19)—Sheets 1–6 and 11
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Willoughby Local Environmental Plan 1995 (Amendment No 21)
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Willoughby Local Environmental Plan 1995 (Amendment No 22)
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Willoughby Local Environmental Plan 1995 (Amendment No 23)—Sheet 1
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Willoughby Local Environmental Plan 1995 (Amendment No 24)
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Willoughby Local Environmental Plan 1995 (Amendment No 25)—Sheets 1 and 2
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Willoughby Local Environmental Plan 1995 (Amendment No 26)—Sheets 2–6
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Willoughby Local Environmental Plan 1995 (Amendment No 27)—Sheets 2 and 3
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Willoughby Local Environmental Plan 1995 (Amendment No 30)
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Willoughby Local Environmental Plan 1995 (Amendment No 31)—Sheets 1–3
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Willoughby Local Environmental Plan 1995 (Amendment No 33)
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Willoughby Local Environmental Plan 1995 (Amendment No 34)—Sheets 1 and 2
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Willoughby Local Environmental Plan 1995 (Amendment No 35)
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Willoughby Local Environmental Plan 1995 (Amendment No 37)—Sheet 1
•
Willoughby Local Environmental Plan 1995 (Amendment No 40)
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Willoughby Local Environmental Plan 1995 (Amendment No 41)
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Willoughby Local Environmental Plan 1995 (Amendment No 42)—Sheets 2–8
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Willoughby Local Environmental Plan 1995 (Amendment No 44)—Sheet 1
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Willoughby Local Environmental Plan 1995 (Amendment No 47)
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Willoughby Local Environmental Plan 1995 (Amendment No 49)—Sheets 6 and 9
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Willoughby Local Environmental Plan 1995 (Amendment No 50)—Sheets 1–3
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Willoughby Local Environmental Plan 1995 (Amendment No 51)—Sheet 1
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Willoughby Local Environmental Plan 1995 (Amendment No 54)—Sheets 2–4
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Willoughby Local Environmental Plan (Amendment No 60)—Sheets 1 and 2
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Willoughby Local Environmental Plan 1995 (Amendment No 65)—Sheet 1

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

the Willoughby DCP means Willoughby Development Control Plan, as adopted by the Council on 26 June 2006.

the Willoughby Local Housing Program means an official program, set out in Part G.7 of the Willoughby DCP, for the provision and management of Willoughby Local Housing in the Willoughby Local Housing Precincts, in accordance with the Willoughby Local Housing Principles set out in clause 25B.

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

warehouse means a building or place used principally for the storing of goods, or for the storing or handling of goods or material after being produced or manufactured for sale, but not for the retail sale of items to the public from the building or place. It does not include any form of storage establishment elsewhere defined in this clause.

waste recycling and management centre means a building or place used for the recycling or recovery of resource materials, excluding sludge-like material, from waste materials that would otherwise be acceptable as landfill, and involves separating and sorting, processing (such as baling, crushing, shredding and composting) and sorting, transferring and the sale of recycled or recovered material but does not involve the re-manufacture, chemical manufacture or incineration of the material.

weekend market means a temporary outlet for the sale of goods, arts, crafts, food or services that are not available through normal commercial outlets, being a temporary outlet that satisfies the following criteria:

(a)
it does not include a building or place used for a purpose referred to in clause 42C (2) (b),
(b)
it is operated on weekends only,
(c)
it does not involve the erection of a permanent structure,
(d)
it is managed by or on behalf of a charity or community based organisation,
(e)
it does not have significant adverse cumulative economic impact on other businesses within the locality or in the area of the City of Willoughby,
(f)
it does not have adverse traffic impacts on the surrounding local road system.

Willoughby Local Housing means affordable housing provided pursuant to conditions imposed under section 94F of the Act that is rented housing occupied by people from special needs housing groups and provided and managed in accordance with the Willoughby Local Housing Program.

Willoughby Local Housing Precinct means any of the following parcels of land in the City of Willoughby:

•
“Local Housing Precinct 1”, being the parcel of land shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 21)”
•
“Local Housing Precinct 2”, being the parcel of land shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 31)”
•
“Local Housing Precinct 3”, being the parcel of land shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 30)”
•
“Local Housing Precinct 4”, being the parcel of land shown as being within Zone 2 (b) on Sheet 1 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 51)”

(2)

In this plan, a reference:

(a)
to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, or
(b)
to a map is a reference to a map deposited in the office of the Council, or
(c)
to land within a zone specified in the development control tables is a reference to land shown on the map in the manner indicated in clause 12 as the means of identifying land of the zone so specified.

(3)

For the purposes of this plan, the height of a building is to be measured as follows:

(a)
if the relevant provision of this plan specifies a maximum height as a number of storeys, the height of the building is to be measured as the maximum number of storeys that can be intersected by the same vertical line through the building,
(b)
if the relevant provision of this plan specifies a maximum height in terms of RL, the height of the building is to be measured as the height (in metres) above A.H.D. of the uppermost point of the building (not being a vent, lift tower, chimney or other service installation),
(c)
if the relevant provision of this plan specifies a maximum height in metres without reference to RL, the height of the building is to be measured as the greatest vertical distance in metres from natural ground level at any point to the uppermost ceiling level or the bottom of the eaves (whichever is the lower) immediately above that point.

6Model Provisions

The Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan except for the definitions of terms defined in clause 5 (1) of this plan and clauses 7, 8, 15, 16, 18, 23 and 33 of the Model Provisions.

7Clause headings

In this plan, the headings to clauses form part of the plan.

8Consent authority

Unless otherwise specified, the Council is the consent authority for development applications relating to land to which this plan applies.

9Advertisements and advertising structures(1)

A person shall not display an advertisement or erect an advertising structure except with the consent of the Council.

(2)

The Council shall not consent to the display of an advertisement on land or the erection or use of an advertising structure on land for the purpose of displaying an advertisement other than an advertisement:

(a)
which relates to that land or to premises situated on that land, and
(b)
which specifies one or more of the following particulars:
- (i)
  the purpose for which the land or premises is or are used,
- (ii)
  the identification of a person residing or carrying on an occupation or business on the land or premises,
- (iii)
  a description of an occupation or business referred to in subparagraph (ii),
- (iv)
  particulars of the goods or services dealt with or provided on the land or premises.

(3)

The Council shall not consent to the display of an advertisement or erection of an advertising structure if it considers that the advertisement or the advertising structure will interfere with the amenity of the locality.

(4)

This clause is subject to the provisions of clause 13AA (1) (which provides for certain development to be exempt development).

10Suspension of covenants(1)

For the purpose of enabling development to be carried out in accordance with this plan or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development.

(2)

This clause does not apply to:

(a)
land within the Innisfallen Castle Estate shown on sheet 5 of the map, or
(b)
136 and 136A Edinburgh Road, Castlecrag, being lots 1 and 2 in DP 847190, or
(c)
a covenant imposed by the Council or which the Council requires to be imposed.

(3)

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

(4)

Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).

11Subdivision

A person shall not subdivide land except with the consent of the Council.

12Zones indicated on the map

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map in the manner described below in relation to that zone:

•
Zone 2 (a) (Residential “A” Zone)—coloured light scarlet.
•
Zone 2 (a2) (Residential “A2” Scenic Protection Zone)—coloured light scarlet with red edging and lettered “2 (a2)”.
•
Zone 2 (b) (Residential “B” Zone)—coloured light scarlet with red edging and lettered “2 (b)”.
•
Zone 2 (c) (Residential “C” Zone)—coloured light scarlet with red edging and lettered “2 (c)”.
•
Zone 2 (d) (Residential “D” Zone)—coloured light scarlet with red edging and lettered “2 (d)”.
•
Zone 3 (a) (General Business Zone)—coloured light blue.
•
Zone 3 (b) (Special Business Zone)—coloured light blue with red edging and lettered “3 (b)”.
•
Zone 3 (c3) (Chatswood Secondary Business Zone)—coloured light blue with red edging and lettered “3 (c3)”.
•
Zone 3 (d) (Neighbourhood Business Zone)—coloured medium blue.
•
Zone 3 (e) (Restricted Office Zone)—coloured light blue with red edging and lettered “3 (e)”.
•
Zone 3 (e2) (Business Zone)—coloured light blue with red edging and lettered “3 (e2)”.
•
Zone 4 (a) (General Industrial Zone)—coloured purple.
•
Zone 4 (b) (Light Industrial Zone)—coloured purple with red edging and lettered “4 (b)”.
•
Zone 4 (c) (Industrial Park Zone)—coloured purple with red edging and lettered “4 (c)”.
•
Zone 5 (a) (Special Uses “A” Zone)—coloured yellow with red lettering indicating nominated purpose.
•
Zone 5 (b) (Special Uses “B” (Railways) Zone)—coloured blue purple.
•
Zone 5 (c) (Special Uses “C” (Proposed County Road Reservation) Zone)—red and white band between a firm black line and a broken black line.
•
Zone 5 (d) (Special Uses “D” (Proposed Road Reservation) Zone)—coloured grey between a firm black line and a broken black line.
•
Zone 6 (a) (Open Space “A” (Existing Recreation) Zone)—coloured dark green.
•
Zone 6 (b) (Open Space “B” (Proposed Recreation Reservation) Zone)—coloured light green.
•
Zone 6 (c) (Open Space “C” (Regional Open Space Reservation) Zone)—coloured light green with red edging and lettered R.
•
Zone 6 (d) (Open Space “D” (Private Recreation) Zone)—coloured dark green with yellow edging.
•
Zone 6 (e) (Open Space “E” (National Park) Zone)—uncoloured with dark green edging.

13Zone objectives and development control(1)

The specific objectives of each zone are set out in the development control table for each zone under the heading “Specific Objective” or “Specific Objectives”.

(2)

Except as otherwise provided by this plan, the development control table for each zone specifies the development within each zone that:

(a)
may be carried out without development consent including exempt development, or
(b)
may be carried out only with development consent, or
(c)
is prohibited.

(3)

Except as otherwise provided by this plan, the Council shall not consent to development on land to which this plan applies unless the Council is of the opinion that the development is consistent with one or more of the aims of this plan and at least one specific objective of the zone within which the development is proposed to be carried out.

13AAWhat is exempt and complying development?Note—

In this Plan:

complying development means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier. Development is only complying development if it is specified as being permissible within subclause (2) (b) of the development control table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Schedule 5 to the Willoughby DCP.

exempt development means development of a minor nature that may be carried out without the need for a complying development certificate or development consent. Development is only exempt development if it is specified as being permissible within subclause (2) (b) of the landuse table for the zone or is ancillary to an existing legal use and will be contained wholly within the property. It must also comply with the criteria and development standards specified in Schedule 4 to the Willoughby DCP.

(1)

Development of minimal environmental impact listed as exempt development in Schedule 4 to the Willoughby DCP, is exempt development, despite any other provision of this plan.

(2)

Development listed as complying development in Schedule 5 to the Willoughby DCP, is complying development if:

(a)
it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)
it is not an existing use, as defined in section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Schedule 4 or 5 to the Willoughby DCP.

13ABExplanatory notes

Notes in this plan do not form part of the Plan.

13ABrothels(1)

When assessing an application for consent to the use of premises for the purpose of a brothel, the Council must consider the following:

(a)
the distance between the premises and any place of worship, school, community facility, hospital or medical centre or any place in the vicinity of the premises regularly frequented by children for any reason,
(b)
whether the operation of the brothel could cause a disturbance in the neighbourhood, taking into account the location of any other brothels operating in the neighbourhood,
(c)
whether sufficient off-street parking will be provided,
(d)
whether the brothel will be accessed by a separate entrance,
(e)
whether the operation of the brothel would interfere with the amenity of the neighbourhood because of its size, operating hours, traffic generation, lighting or noise or the number of its employees and clients,
(f)
whether the operations of the brothel will utilise circulation areas common to any other use of the premises.

(2)

Development for the purpose of a brothel is prohibited on land to which this plan applies if the brothel is located at ground level within a business zone.

(3)

Development for the purpose of a brothel is prohibited on land to which this plan applies in any part of premises within a business zone if that part is used for residential purposes.

(4)

Development for the purpose of a brothel is prohibited on land to which this plan applies if the premises on which the development is to be carried out are less than 100 metres from any other premises to which consent has been granted to the use of the premises for the purpose of a brothel.

(5)

The distance between premises referred to in subclause (4) is to be measured as the shortest distance between the premises that the development is to be carried out on and the premises to which consent has been granted to the use of the premises for the purpose of a brothel.

(6)

Despite any other provision of this plan, development for the purpose of a brothel is permissible with the consent of the Council on land being Lot 1, DP 719238 (known as 161 Victoria Avenue, Chatswood) and Lot 2, DP 1009275 (known as 350 Penshurst Street, Willoughby).

13BSavings and transitional provision

A development application lodged with the Council, but not finally determined, before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 52) is to be determined as if that plan had been exhibited under the Act but had not been made.

13CTree and bushland preservation order(1)

The objective of this clause is the preservation and management of trees and bushland vegetation within the City of Willoughby.

(2)

Where it appears to the Council that it is expedient for the purpose of securing amenity or of preserving existing amenity or of preserving or securing trees and bushland vegetation in order to ensure the integrity of the natural environment for both residents of and visitors to the City of Willoughby, it may, for that purpose and by resolution, make a tree and bushland preservation order and may, by like resolution, repeal or amend any such order.

(3)

A tree and bushland preservation order must specify, by characteristics, location, species, type, class or other identifying criteria set out in the order, the trees or bushland vegetation covered by the order.

(4)

A tree and bushland preservation order may specify, by characteristics, location, species, type, class or other identifying criteria set out in the order, any trees or bushland vegetation as exempt from being covered by the order.

(5)

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

(6)

The Council must establish and maintain a register of all tree and bushland preservation orders made, repealed or amended by the Council after the commencement of this clause and must record in the register the date of the relevant resolution, the dates of the publication of the order in the Gazette and the local newspaper under subclause (5), and the terms of the order as made, repealed or amended as the case may be.

(7)

The Council may add to the register established under subclause (6) any information it possesses in respect of tree preservation orders made before the commencement of this clause.

(8)

While a tree and bushland preservation order is in force, a person must not ringbark, cut down, top, lop, prune, remove, injure or wilfully destroy any tree or bushland vegetation covered by the order without development consent.

(9)

Subclause (8) does not apply where:

(a)
the trees or bushland vegetation concerned are dealt with in accordance with a permit granted by the Council, or
(b)
the trees or bushland vegetation concerned are dying or dead or have become dangerous, or
(c)
the action taken is reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the trees or bushland vegetation are situated, or
(d)
written notice is given to the Council, the action proposed in the notice is the removal of trees or bushland vegetation that pose a fire hazard, the Council confirms in writing before the action is taken:
- (i)
  that the trees or bushland vegetation concerned are in an Inner Protection Area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, or
- (ii)
  that the species of trees or the type of bushland vegetation concerned is a species or type, as the case may be, classified by the Council as being likely to present a significant fire hazard,
and the action taken is the action proposed in the notice and is taken for the purpose of bush fire hazard reduction, or
(e)
written notice is given to the Council, a period of not less than 14 days occurs after the notice is given (and before the trees or bushland vegetation concerned are dealt with), the Council does not advise the person during that period that it opposes the action proposed and the action taken is the action proposed in the notice and is taken for the purpose of bush fire hazard reduction.

(10)

A notice under subclause (9) must specify the name and address of the person who gives the notice, the trees concerned (and species of tree) or the type of bushland vegetation concerned, the location of the trees or bushland vegetation concerned, the address of the land on which the trees or bushland vegetation concerned are situated, and the action that is proposed to be taken in respect of the trees or bushland vegetation concerned.

(11)

The provisions of a tree and bushland preservation order do not apply to activities lawfully conducted in accordance with the Telecommunications Act 1997 of the Commonwealth, the Roads Act 1993, the Rural Fires Act 1997, the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979.

(12)

To the extent that it identifies the trees to which the order applies, an order made under clause 8 of the Environmental Planning and Assessment Model Provisions 1980 as adopted by this plan and in force immediately before the commencement of this clause, is taken to be an order made and published in accordance with this clause.

13DAmenity

Before granting consent for development, the Council must consider whether the proposed development is likely to have an adverse impact on an adjoining or nearby property by causing loss of views, loss of privacy or a reduction of sunlight to the living areas or principal open space recreation areas, and whether:

(a)
there are no other design alternatives that would mitigate the impacts, or
(b)
there are special circumstances applying to the site or its context.

13EObjectives of floor space ratio controls

The objectives of the floor space ratio controls contained in this plan are as follows:

(a)
to limit the intensity of development to which the controls apply so that it will be carried out in accordance with the environmental capacity of the land and the zone objectives for the land,
(b)
to limit traffic generation as a result of that development,
(c)
to limit the bulk and scale of that development.

Part 2Residential areasDivision 1General zoning controls14Residential areas

The following residential zones apply as identified on the map:

•
Zone 2 (a) (Residential “A” Zone)—coloured light scarlet
•
Zone 2 (a2) (Residential “A2” Scenic Protection Zone)—coloured light scarlet with red edging and lettered “2 (a2)”
•
Zone 2 (b) (Residential “B” Zone)—coloured light scarlet with red edging and lettered “2 (b)”
•
Zone 2 (c) (Residential “C” Zone)—coloured light scarlet with red edging and lettered “2 (c)”
•
Zone 2 (d) (Residential “D” Zone)—coloured light scarlet with red edging and lettered “2 (d)”

Development control tableNote—

In this Plan:

14ALow density residential areas—Zones 2 (a), 2 (a2)General Objectives

(a)
To provide residential environments free from any adverse impacts of non-residential uses, and
(b)
To maintain the scale, character and streetscape of individual localities, and
(c)
To retain and enhance residential amenity, including views, solar access, aural and visual privacy and landscape quality, and
(d)
To retain the heritage values of particular localities, and
(e)
To minimise the potential for adverse impacts of new development on the efficiency and safety of the road network.

14BZone 2 (a)—Residential “A” Zone(1)

To accommodate dwelling-houses and other land uses which are compatible with the existing housing.

(2)

(a)
Within the 2 (a) Residential Zone, the following development may be carried out without development consent:
- •
  exempt development
(b)
Within the 2 (a) Residential Zone, the following development may only be carried out with development consent:
- •
  Demolition
- •
  Development for the purposes of:
  - •
    bed and breakfasts
  - •
    boarding houses
  - •
    child care centres
  - •
    community facilities
  - •
    drainage
  - •
    dual occupancies
  - •
    dwelling houses
  - •
    educational establishments
  - •
    home business
  - •
    home industries
  - •
    nursing homes
  - •
    professional consulting rooms
  - •
    recreation areas
  - •
    roads
  - •
    units for aged persons
  - •
    utility installations
(c)
Within the 2 (a) Residential Zone, any other development is prohibited.

14CZone 2 (a2)—Residential “A2” Scenic Protection Zone(1)

To accommodate housing such that the scenic qualities and ecological values of environmentally sensitive natural areas, including foreshores and bushland areas, are maintained by protecting the land in the zone from overdevelopment or visually intrusive development, by minimising the impact of hard surfaces on the ecological characteristics of the locality, including nearby and adjoining bushland, and by ensuring that the new development does not dominate the natural scenic qualities of the locality.

(2)

(a)
Within the 2 (a2) Residential Zone, the following development may be carried out without development consent:
- •
  exempt development
(b)
Within the 2 (a2) Residential Zone, the following development may only be carried out with development consent:
- •
  Demolition
- •
  Development for the purpose of:
  - •
    bed and breakfasts
  - •
    drainage
  - •
    dual occupancies
  - •
    dwelling houses
  - •
    home business
  - •
    professional consulting rooms
  - •
    roads
  - •
    utility installations
(c)
Within the 2 (a2) Residential Zone, any other development is prohibited.

14DMedium and high density residential areas—Zones 2 (b), 2 (c), 2 (d)General Objectives

(a)
To allow for increased residential density in accessible locations, while minimising the potential for adverse impacts of such increased density on the efficiency and safety of the road network, and
(b)
To encourage innovative design in providing a comfortable living environment which also has regard to solar access, privacy, noise, views, vehicular access, parking and landscaping.

14EZone 2 (b)—Residential “B” Zone(1)

(a)
To accommodate a variety of low scale medium density housing types, such as villa homes, town houses and low-rise residential flat buildings, which are compatible with the scale and character of the surrounding residential area, and
(b)
To enable the provision of appropriate communal recreation facilities for use by residents.

(2)

(a)
Within the 2 (b) Residential Zone, the following development may be carried out without development consent:
- •
  exempt development
(b)
Within the 2 (b) Residential Zone, the following development may only be carried out with development consent:
- •
  Demolition
- •
  Development for the purposes of:
  - •
    boarding houses
  - •
    child care centres
  - •
    community facilities
  - •
    drainage
  - •
    dual occupancies
  - •
    dwelling houses
  - •
    educational establishments
  - •
    home business
  - •
    nursing homes
  - •
    recreation areas
  - •
    residential flat buildings
  - •
    roads
  - •
    units for aged persons
  - •
    utility installations
(c)
Within the 2 (b) Residential Zone, any other development is prohibited.

14FZone 2 (c)—Residential “C” Zone(1)

(a)
To accommodate a variety of medium density housing, including such types as walk-up flats and town houses, which are compatible with the scale and character of the surrounding residential area, and
(b)
To enable the provision of appropriate communal recreation facilities for use by residents.

(2)

(a)
Within the 2 (c) Residential Zone, the following development may be carried out without development consent:
- •
  exempt development
(b)
Within the 2 (c) Residential Zone, the following development may only be carried out with development consent:
- •
  Demolition
- •
  Development for the purpose of:
  - •
    boarding houses
  - •
    child care centres
  - •
    community facilities
  - •
    drainage
  - •
    dwelling houses
  - •
    educational establishments
  - •
    home business
  - •
    nursing homes
  - •
    recreation areas
  - •
    residential flat buildings
  - •
    roads
  - •
    units for aged persons
  - •
    utility installations
(c)
Within the 2 (c) Residential Zone, any other development is prohibited.

14GZone 2 (d)—Residential “D” Zone(1)

(a)
To consolidate high-rise and high density residential flat buildings in selected and accessible locations, and
(b)
To enable the provision of appropriate communal recreation facilities for use by residents.

(2)

(a)
Within the 2 (d) Residential Zone, the following development may be carried out without development consent:
- •
  exempt development
(b)
Within the 2 (d) Residential Zone, the following development, may only be carried out with development consent:

- •
  Demolition
- •
  Development for the purpose of:
  - •
    boarding houses
  - •
    child care centres
  - •
    community facilities
  - •
    drainage
  - •
    dwelling houses
  - •
    educational establishments
  - •
    general stores of 30sqm or less in area
  - •
    home business
  - •
    recreation areas
  - •
    residential flat buildings
  - •
    roads
  - •
    units for aged persons
  - •
    utility installations
(c)
Within the 2 (d) Residential Zone, any other development is prohibited.

Division 2Low density residential areas—Zones 2 (a), 2 (a2)—Special provisions15Minimum allotment sizes(1)

Land within Zone 2 (a) or 2 (a2) may be subdivided only if the area of each allotment to be created by the subdivision will be not less than that shown for the land on sheet 9 of the map which sheet is titled “Minimum Allotment Sizes”, as amended by the maps (or, if sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

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

•
Willoughby Local Environmental Plan 1995 (Amendment No 23)—Sheets 2 and 3
•
Willoughby Local Environmental Plan 1995 (Amendment No 25)—Sheet 3
•
Willoughby Local Environmental Plan 1995 (Amendment No 37)—Sheet 2
•
Willoughby Local Environmental Plan 1995 (Amendment No 50)—Sheet 4
•
Willoughby Local Environmental Plan 1995 (Amendment No 51)—Sheet 2
•
Willoughby Local Environmental Plan 1995 (Amendment No 54)—Sheets 5 and 6

(2)

For the purpose of this clause, the area of any existing or proposed access handle is to be excluded when determining the area of each allotment.

(3)

When determining a development application for consent to subdivide land within Zone 2 (a) or 2 (a2) that was made but not finally determined before 1 December 1998, the Council must consider:

(a)
any environmental planning instrument in force in respect of the land at the date of lodgement of the application, and
(b)
the aims and objectives of this plan.

16Foreshore building line(1)

In this clause:

foreshore land means land between a water body and the dominant ridgeline that faces the water body.

modified foreshore land means foreshore land:

(a)
on which the natural vegetation structure has been substantially altered or removed, or
(b)
the topography of which has been substantially modified by human development, such as excavation, retaining walls or similar structures.

natural foreshore land means foreshore land:

(a)
on which the natural vegetation remains or, if altered, is still representative of the structure and floristics of natural vegetation, or
(b)
the topography of which has not been substantially altered by human development.

(2)

The objectives of this clause are:

(a)
to preserve and enhance the natural features and vegetation of those localities where the land meets or is in close proximity to the water, and
(b)
to encourage the protection and regeneration of land which forms an integral part of the foreshore setting by controlling new development, and
(c)
to promote a consistent application of foreshore building lines in comparable situations according to the characteristics of sites and foreshores in the localities concerned and with regard to the objectives set out below:
- (i)
  for natural foreshore land—to ensure that development retains the characteristics of the natural environment and scenic quality of the foreshores of Lane Cove River, and Middle Harbour and its tributaries, where they are in a predominantly natural state, and
- (ii)
  for modified foreshore land—to ensure that the siting of development provides an area which is left clear of buildings and structures, so as to protect the environment and the amenity and scenic quality of the foreshores of Lane Cove River, and Middle Harbour and its tributaries, where they are predominantly developed, and
- (iii)
  for residents of foreshore land—to control the siting of buildings and structures on the foreshores of Lane Cove River and Middle Harbour and its tributaries so that the amenity and views of foreshore residents are preserved.

(3)

Foreshore building lines are shown by red lines on sheets 12a, 12b, 12c, 12d, 12e, 12f and 12g of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 52)”.

(4)

Except with the consent of the Council granted in accordance with subclause (5), a building must not be erected and work must not be carried out between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.

(5)

The Council may, after considering the probable aesthetic appearance and environmental impact of the proposed structure or work in relation to the foreshore, consent to the erection of:

(a)
single storey structures, such as boatsheds and jetties, that have a direct functional relationship with the water, or
(b)
inclinators, stairs or other structures designed to provide pedestrian access to the waterway, or
(c)
structures such as swimming pools below or at the surface of the ground, barbecues, pergolas, retaining walls, public amenities and garden sheds,

between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.

17Scenic Protection Area(1)

Land within Zone 2 (a2) is within a Scenic Protection Area.

(2)

The Council shall not consent to the carrying out of any development within a Scenic Protection Area unless it has considered the appearance and impact of that development on:

(a)
the amenity of surrounding properties, including loss of views to and of the foreshore, bushland and any waterways, and
(b)
the scenic qualities of the foreshore, including whether man-made structures visually dominate the natural landscape through excessive height and bulk and whether buildings, structures and other works are aesthetically and sympathetically integrated with the form and features of the local topography, and
(c)
bushland within the immediate locality, including loss of natural vegetation and significant geological features, disruption of drainage patterns, alterations to water tables and increased bushfire hazard potential, and
(d)
achieving the objectives of any development control plan applying to those areas.

(3)

Despite clause 14, the Council shall not consent to any development, other than drainage, landscaping, gardening or bush fire hazard reduction, on the land, being part of lot 1, DP 568911, known as 233 Edinburgh Road, Castlecrag, and shown cross-hatched on sheet 6 of the map.

18Height

A person shall not erect a building of:

(a)
more than 2 storeys within Zone 2 (a) or 2 (a2), or
(b)
more than one storey within Zone 2 (a) bounded by Christie Street, Northcote Street, an unnamed lane, Ross Street, Ross Lane and Henry Lane, St Leonards, unless the Council is satisfied that the building is consistent with the scale and character of other buildings in the surrounding area, or
(c)
greater height in the Innisfallen Castle Estate than the reduced levels specified for each individual lot on sheets 13A and 13B of the map.

19Innisfallen Castle Estate

Before consenting to the erection of a building, the carrying out of a work or the use of land within the Innisfallen Castle Estate, the Council shall consider:

(a)
the provisions of a deed dated 24 October 1966, made between the Authority of the first part, the Council of the second part and Headland Development Pty Ltd of the third part, a copy of which is deposited in the office of the Council, and
(b)
the building envelopes shown on sheets 13A and 13B of the map.

20Home industry

A person shall not use a building for the purpose of a home industry unless the floor space of that part of the building utilised for the home industry is less than 30 square metres and the building is erected within the curtilage of the dwelling-house occupied by the person carrying on the industry.

20ACommunity facilities

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on Lot A1 in DP 324490 known as 13 Eastern Valley Way, Northbridge, for the purpose of a community facility.

21Boarding houses

In respect of a boarding house within Zone 2 (a), the number of persons to be accommodated, including resident manager, shall not exceed one person per 100 square metres of site area.

21ADevelopment for certain additional purposes—59 Warrane Road, Willoughby(1)

This clause applies to certain land within Zone 2 (a), being Lot 9, DP 5823, known as 59 Warrane Road, Willoughby, as shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 8)”.

(2)

In this clause:

recreation area means:

(a)
a children’s playground, or
(b)
an area used for sporting activities or sporting facilities, or
(c)
an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
- (i)
  the Council, or
- (ii)
  an educational establishment, or
(d)
a landscaped area for passive enjoyment,

but does not include a racecourse or showground.

recreation facility associated with an educational establishment means a building used for indoor recreation associated with an educational establishment, including a squash court, swimming pool, gymnasium, indoor sporting facility, or any other building of a like character used for recreation, but does not include a recreation area.

(3)

Nothing in this plan prevents a person with the consent of the Council from carrying out development for the purpose of a recreation facility associated with an educational establishment, or both, on land to which this clause applies.

21BDevelopment for certain additional purposes—11 Herbert Street, St Leonards

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on part Lot 8 in DP 879307, located at 11 Herbert Street, St Leonards, for the purpose of a recreation facility or a restaurant, or both.

Division 3Medium and high density residential areas—Zones 2 (b), 2 (c), 2 (d)—Special provisions22Minimum allotment size(1)

Except as otherwise indicated in clause 25, a person shall not erect a residential flat building on any allotment having frontage to a State or Regional road as listed in Schedule 1A where the allotment:

(a)
is within Zone 2 (b) and has an area of less than 850 square metres or a width of less than 27 metres at the front alignment of the building, or
(b)
is within Zone 2 (c) or 2 (d) and has an area of less than 1,100 square metres a width of less than 27 metres at the front alignment of the building.

(2)

For the purpose of this clause, the area of any existing or proposed access handle is to be excluded when determining the area of each allotment.

23Floor space ratios(1)

The Council shall not consent to the erection or use of a residential flat building if the floor space ratio exceeds:

(a)
0.7:1 within Zone 2 (b), or
(b)
0.9:1 within Zone 2 (c) (except within locality “K”), or
(b1)
0.7:1 within Zone 2 (c) (Locality “K”), or
(c)
1:1 within Zone 2 (d) (Locality “F”), or
(d)
1.3:1 within Zone 2 (d) (Locality “H”), or
(e)
1.5:1 within Zone 2 (d) (Locality “A”, “C”, “D”, “G” or “J”), or
(f)
1.7:1 within Zone 2 (d) (Locality “I”), or
(g)
2:1 within Zone 2 (d) (Locality “E”), or
(h)
3.3:1 within Zone 2 (d) (Locality “B”), or
(i)
3:1 within Zone 2 (d) (Locality “L”). However, the Council may consent to development within Locality “L” that results in a floor space ratio not exceeding 4:1 if the former sub-station brick building is retained for adaptation.

(1A)

(Repealed)

(2)

The localities are shown on the high density residential floor space map.

(3)

State Environmental Planning Policy No 1—Development Standards does not apply to the floor space ratio requirement specified in subclause (1) (i) (which relates to land within Locality “L”).

23AFloor space ratio—553–561 Mowbray Road, West Chatswood(1)

This clause applies to certain land within Zone 2 (b), being Lots 7–9, DP 7220 and Lots 1 and 2, DP 606283, known as Nos 553–561 Mowbray Road, West Chatswood, as shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 2)”.

(2)

Despite clause 23, the Council shall not consent to the erection or use of a residential flat building on the land to which this clause applies if the floor space ratio exceeds 0.6:1.

24Height(1)

The Council shall not consent to the erection or use of a residential flat building if the height exceeds:

(a)
2 storeys within Zone 2 (b), or
(b)
3 storeys within Zone 2 (c) (except within Locality “K”), or
(b1)
if the building is on land within Zone 2 (c) (Locality “K”), the number of storeys shown for the land on Sheet 2 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 10)”, or
(c)
8 storeys within zone 2 (d) (Locality “F” or “J”), or
(d)
9 storeys within Zone 2 (d) (Locality “A”, “C” or “D”), or
(e)
12 storeys within Zone 2 (d) (Locality “E” or “G”), or
(f)
RL 78 A.H.D. within Zone 2 (d) (Locality “H”), or
(g)
RL 138 A.H.D. within Zone 2 (d) (Locality “I”), or
(h)
10 storeys within Zone 2 (d) (Locality “B”), or
(i)
RL 105 A.H.D. within Zone 2 (d) (Locality “L”), except for the area occupied by the former sub-station brick building where the height shall not exceed RL 98 A.H.D. However, the Council may consent to development within Locality “L” on land other than that occupied by the former sub-station brick building so long as:
- (i)
  the development does not exceed RL 130 A.H.D on land north of the former sub-station brick building,
- (ii)
  the development does not exceed RL 140 A.H.D. on land south of the former substation brick building,
- (iii)
  the former sub-station brick building is retained for adaptation, and
- (iv)
  no part of the child care centre or associated outdoor play spaces situated within the Royal North Shore Hospital will, as a result of the development, have significantly greater overshadowing (when measured at the mid-winter solstice between 8 am and 10 am) than the overshadowing during the last such period before the commencement of Willoughby Local Environmental Plan 1995 (Amendment No 21).

(1A)

(Repealed)

(2)

The localities are shown on the high density residential floor space map.

(3)

The Council shall not consent to the erection or use of a residential flat building within Zone 2 (d) (Locality “J”) if its height exceeds 6 storeys above the highest point of natural ground level above which it is situated.

For the purpose of this subclause and subclause (1), the space within an attic is not to be counted as a storey when calculating the number of storeys in a residential flat building within Zone 2 (d) (Locality “J”):

(a)
in the case of an existing building, if the floor area of the attic does not exceed 60% of the floor area of the level of the building immediately below (including any part of that level below occupied by lift towers or plant rooms) and the attic does not alter the pitch or profile of the roof of the building, except by the inclusion of dormer or similar windows, or
(b)
in the case of a proposed building, if the floor area of the attic will not exceed 60% of the floor area of the level of the building immediately below (including any part of that level below that will be occupied by lift towers or plant rooms) and the attic will not result in the pitch or profile of the roof of the building being inconsistent with the roofs of surrounding buildings (disregarding any dormer or similar windows for the purpose of the comparison).

In this subclause, attic means any habitable roof space in a residential flat building.

(5)

For the purpose of determining the number of storeys in a residential flat building on land within Zone 2 (c) (Locality “K”), storey means the space between two successive floors or the space between any floor and natural ground levels, or the space between any floor and its ceiling or roof above. This does not include an attic or a floor or level of the building used exclusively for foundation areas, car parking, storage, laundry facilities, workshops or the like or any combination of these uses, where the ceiling of that floor or level is less than 1 metre above natural ground level at any point. A storey which exceeds 4 metres in height is counted as two storeys.

24A176–194 Victoria Avenue, Chatswood(1)

This clause applies to land within Zone 2 (c) known as 176–194 Victoria Avenue, Chatswood, being Lots 1 and 2 DP 781658, Lots 21 and 22 DP 493, Lots 15, 16, 17, 18 and 20 DP 2300 and Lot 19 DP 1535, and bounded by Victoria Avenue, Jacques Street, Albert Avenue and Septimus Street.

(2)

The Council shall not consent to development for the purpose of a residential flat building within 76 metres of the frontage of Albert Avenue if any part of the building exceeds a building height plane projected at any point from the Albert Avenue, Septimus Street or Jacques Street boundary of the site.

(3)

This clause does not affect any restriction imposed on the height of buildings by clause 24.

25West Artarmon Development Precinct(1)

The Council shall not consent to development for the purposes of residential flat buildings within Locality “I”, shown on sheet 1 of the map which sheet is titled “West Artarmon Development Precinct”, unless:

(a)
a bridge suitable for vehicular traffic is provided over the Freeway linking Broughton Road with the land within Zone 2 (d), and
(b)
landscaping is provided around the perimeter of the development area to the satisfaction of the RTA, and
(c)
all existing services, including water, electricity and gas, that are affected by the works referred to in paragraphs (a) and (b) are relocated to the satisfaction of the appropriate authorities.

(2)

The Council may consent to the erection of residential flat buildings in Locality “I” only if:

(a)
the Council is satisfied that all car parking requirements relating to the use of the site can be accommodated on the site, and
(b)
the allotment is not less than 10,000 square metres in area.

25ADensity controls—Mowbray Road West, Lane Cove West

The Council shall not consent to development for the purpose of a residential flat building on an allotment of land within lot 1 in DP 864492 known as 710 Mowbray Road West, Lane Cove West, as shown edged heavy black on the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 10)”, unless the site area of the allotment is not greater than the area calculated by multiplying the number of dwellings in the building by 180 square metres.

25BWilloughby Local Housing to be provided in Willoughby Local Housing Precincts(1)

For the purposes of this clause, the Willoughby Local Housing Principles are as follows:

(a)
Willoughby Local Housing is to be provided and managed in the City of Willoughby so that accommodation for a diverse residential population representative of all income groups is available within the City.
(b)
Willoughby Local Housing is to be rented to residents of the City of Willoughby who are from special needs housing groups and whose gross household incomes fall within the following ranges of percentages of the median household income for the time being for the Sydney Statistical Division according to the Australian Bureau of Statistics:
Very low income household
less than 50%
Low income household
50 or more but less than 80%
Moderate income household
80–120%
and at rents that do not exceed a benchmark of 30% of their actual household income.
(c)
Dwellings provided for Willoughby Local Housing are to be managed so as to maintain their continued use for Willoughby Local Housing.
(d)
Rental from Willoughby Local Housing received by or on behalf of the Council, after deduction of normal landlord’s expenses (including management and maintenance costs and all rates and taxes payable in connection with the dwellings), should be used for the purpose of improving or replacing Willoughby Local Housing or for providing additional Willoughby Local Housing within the City of Willoughby.
(e)
Willoughby Local Housing is to consist of dwellings constructed to a standard which, in the opinion of the Council, is consistent with other dwellings within the City of Willoughby, especially in terms of internal fittings and finishes, solar access and privacy.

(a)
those (if any) specified for the land in Column 3 of Part 2 of Schedule 8, and
(b)
any reservations that except land out of a Crown grant relating to the land, and
(c)
reservations of minerals (within the meaning of the Crown Lands Act 1989).

(4)

In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 8, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(5)

The public land described in Part 3 of Schedule 8 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(6)

Before the relevant amending plan inserted a description of land into Part 2 of Schedule 8, the Governor approved of subclause (3) applying to the land.

55Development for certain additional purposes

Nothing in this plan prevents a person with the consent of the Council from carrying out development for the purpose of:

(a)
a child care centre and community facility on land known as Jersey Road Reserve and White Street Road Reserve, Artarmon, and on lots 7, 8 and 9 of Section 0 in DP 4101, or
(b)
carparking in conjunction with use of adjoining land zoned Open Space “D”—Private Recreation on land known as Lot 5, DP 22109 (655 Pacific Highway, Chatswood) and subdivision of that land, or
(c)
carparking, in conjunction with the use of adjoining land for a child care centre, on Lot 3, DP 162062 (known as part of Bales Park, Willoughby), as indicated by heavy black edging on Sheet 1 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 54)”.

Part 7Heritage and conservation—Special provisions56Heritage aims and objectives

The aims and objectives of this Part are:

(a)
to conserve the heritage of the built and natural environment to which this plan applies, and
(b)
to integrate heritage conservation into the planning and development control processes, and
(c)
to provide for public involvement in matters relating to the conservation of the City of Willoughby’s heritage, and
(d)
to ensure that new development does not adversely affect the heritage significance of heritage items and conservation areas and their settings, including streetscapes and landscapes and the distinctive character that these impart to the City’s heritage.

57Heritage items and conservation areas(1)

This clause does not apply to:

(a)
exempt development, or
(b)
development for the purposes listed in clause 52A (a)–(c) with respect to the land commonly known as part of 217 Pacific Highway, being Lot B, DP 444493.

(2)

A person must obtain development consent to carry out the following development:

(a)
demolishing, altering or damaging a heritage item or a building, work, relic, tree or place within a conservation area, or
(b)
moving a relic or excavating land for the purpose of discovering or moving a relic, or
(c)
erecting a building or subdividing land on which a heritage item is located or which is located in a conservation area, or
(d)
damaging any tree on land which comprises the place or site of a heritage item.

(3)

The Council shall not consent to development described in subclause (2) unless it has considered the extent to which the proposed development would affect the heritage significance of the heritage item or the conservation area.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

(4)

In considering applications for consent to erect any building (or to alter or add to an existing building) on land to which this plan applies, the Council shall assess whether:

(a)
the patterns of building and open space, and of front and side setbacks, are consistent with those characteristic of the locality, and
(b)
the pitch and form of the roof and the size, shape and proportion of the openings for windows and doors complement or are consistent with those in the locality, and
(c)
the colour, texture, style, and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the locality, and
(d)
any stylistic, horticultural or archaeological features of the building or its site should be retained.

(5)

In considering applications for consent to development involving a building in a conservation area, the Council shall assess the compatibility of the proposed development with:

(a)
the heritage significance and integrity of the building, and
(b)
the heritage significance of the conservation area, including the character of the streetscape and the scale, setbacks and horticultural features of nearby existing buildings and works in the conservation area.

58Development in the vicinity of heritage items and conservation areas

The Council shall not consent to development in the vicinity of a heritage item or a conservation area unless it has assessed the effect of that development on the heritage significance of the heritage item or conservation area and their settings.

59Heritage statement and conservation plan(1)

The Council shall not consent to development on land to which this plan applies which will affect a heritage item, or on land in the vicinity of a heritage item, or of a building, work, relic, site or place within a conservation area, unless it has considered a heritage statement.

(2)

The Council may decline to grant consent to development involving a heritage item until it has considered information (such as a conservation plan) which will help to determine the significance of the item and its setting and the policies for its conservation and use.

(3)

A heritage statement is not required for the purpose of this clause if, in the opinion of Council, the proposed development is of a minor nature.

60Replacement development

The Council shall not grant consent for the demolition of a building, work, relic, tree or place within a conservation area unless it has considered the future development of the site.

61Heritage advertisements

Where a person makes a development application for consent to demolish a building, work or place which is a heritage item or within a conservation area, the Council shall:

(a)
publish the receipt of the application in a local newspaper and send a notice of that application to owners and occupiers (if any) who, in the opinion of the Council, may be affected by the proposed development, and
(b)
(Repealed)

62Heritage conservation incentives(1)

Nothing in this plan prevents the Council from granting consent to an application for consent to the use, for any purpose, of a building that is a heritage item or the land on which the building is erected if it is satisfied that:

(a)
the proposed use would have little or no adverse effect on the heritage significance of the heritage item and its setting or on the amenity of the neighbouring area, and
(b)
the conservation of the building and its setting will be achieved by the Council granting that consent.

(2)

When considering an application for consent to erect a building on land on which there is situated a building which is a heritage item, the Council may:

(a)
for the purpose of determining the floor space ratio, and
(b)
for the purpose of determining the number of parking spaces to be provided on the site,

exclude from its calculation of the gross floor area of the buildings erected on the land the gross floor area of the heritage item, but only if the Council is satisfied that the conservation of the heritage item and its setting will be achieved by the Council granting the exclusion.

63Development of known and potential archaeological sites(1)

The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)
it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and
(b)
except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and
(c)
it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)

The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)
it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b)
(Repealed)
(c)
it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

Schedule 1

(Repealed)

Schedule 1AState or Regional roads

(Clause 22 (1))

State roads

The Pacific Highway

Eastern Valley Way

Sailors Bay Road (from Eastern Valley Way to Strathallen Avenue)

Strathallen Avenue

Penshurst Street (from Boundary Road to Mowbray Road)

Boundary Road (from Pacific Highway to Eastern Valley Way)

Fullers Road (from Pacific Highway to Millwood Avenue)

Millwood Avenue

Willoughby Road (from Mowbray Road to Gore Hill Freeway)

Regional roads

Mowbray Road (from Epping Highway to Alpha Road)

Alpha Road/Flat Rock Drive/Brook Street

Edinburgh Road (from Alpha Road to Eastern Valley Way)

Chandos Street

Willoughby Road (from Gore Hill Freeway to Chandos Street)

Schedules 2–5

(Repealed)

Schedule 6Heritage items classified to be of State or Regional significance

(Clauses 5 (1) and 57)

Item	Address
House	2 The Barbette, Castlecrag Lot 197, DP 13306
House	4 The Barbette, Castlecrag Lot 196, DP 13306
House	8 The Barbette, Castlecrag Lot 194A, DP 346940
“Open Air” Theatre	The Barricade, Haven Estate, Castlecrag Castlehaven Reserve Part land in DP 431880
House	3 The Bastion, Castlecrag Lot 294, DP 13306
House	23 The Bastion, Castlecrag Lot 304, DP 13306
Castle and curtilage	“Innisfallen Castle”, 14 Cherry Place, Castle Cove Lot 35, DP 235319
House	15 The Citadel, Castlecrag Part Lot 331, DP 14804
House and curtilage	136 Edinburgh Road, Castlecrag Lot 1, DP 847190
House	140 Edinburgh Road, Castlecrag Lot B, DP 373118
Hospital	150 Edinburgh Road, Castlecrag Lot 1, DP 701559
House	158 Edinburgh Road, Castlecrag Lot 99, DP 11138 subject to drainage easement
House	215 Edinburgh Road, Castlecrag Lot C, DP 362191
House	375 Edinburgh Road, Castlecrag Lot 1, DP 971183
Telford Road paving	Between Fourth Avenue and Eastern Valley Way, Willoughby
House and curtilage	“Windsor Gardens”, 244–264 Mowbray Road, Chatswood, being Lot 100 DP 832570
House and curtilage	“Hilton”, 315 Mowbray Road, Chatswood Lots 1–3, DP 974995 and Lot 1 DP 924466
Two Reservoirs (structures only)	Chatswood Reservoirs, 366 Mowbray Road, Artarmon (cnr Pacific Highway) Pt Lot 1, DP 1036470
Cemetery	Gore Hill Memorial Cemetery, 211 Pacific Highway, Gore Hill Lots 101 and 102, DP 791327
Communications Tower (excluding all ancillary buildings and structures and tower attachments)	Part of 217 Pacific Highway, Artarmon Lot B, DP 444493
House	4 The Parapet, Castlecrag Lot 58, DP 11138
House	8 The Parapet, Castlecrag Lot 56, DP 11138
House	12 The Parapet, Castlecrag Corner Lot 54, DP 11138
House	14 The Parapet, Castlecrag Corner Lot 53, DP 11138
House and curtilage including stables	“Laurel Bank”, 85–87 Penshurst Street, Willoughby Lots 1 and 2, DP 977087
House	12 The Rampart, Castlecrag Lot 158, DP 13141
Incinerator	“Incinerator”, 2 Small Street, Willoughby Lot 2, DP 57586
Walter Burley Griffin Memorial Fountain	Cnr Sortie Port and Edinburgh Road, Castlecrag
Suspension Bridge	Strathallen Avenue over Tunks Park, Willoughby
Stables	Westbourne Street, TAFE College Grounds, Gore Hill (also known as 213 Pacific Highway, Gore Hill), being Lot 10, DP 861267
Bridge	Willoughby Road over Flat Rock Creek

Schedule 7Heritage items classified to be of local significance

(Clause 5 (1))

Item	Address
House	11 Adolphus St, Naremburn Lot 1, DP 825034
House	8 Albert Ave, Chatswood Lot B, DP 961772
House	28 Albert Ave, Chatswood Lot 1, DP 918733
House	34 Albert Ave, Chatswood Lot 1, DP 917620
House	38 Alleyne Street, Willoughby Lot A, DP 151779
House	9 Archer St, Chatswood Lot 19, DP 260
House	11 Archer St, Chatswood Lot 100, DP 830992
House	13 Archer St, Chatswood Lot A, DP 346927
House	27 Archer St, Chatswood Lot 3, DP 19111 Spl Cor
Our Lady of Dolours Church	94A Archer Street, Chatswood Lot 1, DP 208427
House	105 Archer St, Chatswood Lot 1, DP 924124
House	107 Archer St, Chatswood Lot A, DP 343785
House	97 Ashley St, Chatswood Lot 300, DP 1029909
House	118 Ashley St, Chatswood Lot 1, DP 117011 and Lot 1, DP 9209163
House	7 The Barbette, Castlecrag Lot 187, DP 14793
St Phillip Neri School Hall	65–71 Baringa Road, Northbridge Part of Lot 1, DP 1022446
House	2 The Bartizan, Castlecrag Lot 389, DP 19826
House	6 The Battlement, Castlecrag Lot 2, DP 621816
Holy Trinity Anglican Church	46 Beaconsfield Road, Chatswood Lot 76, DP 14213
House	17 Beauchamp Avenue, Chatswood Lot 1, DP 203579
House	21 Beauchamp Avenue, Chatswood Lot 5, DP 17573
House	234 Boundary St, Roseville Lot 1, DP 558670
House	37 The Bulwark, Castlecrag Lot 397, DP 19826
House	80 The Bulwark, Castlecrag Lot 257, DP 19290
House	19 Centennial Ave, Chatswood Lot B, DP 360217
House	60 Centennial Ave, Chatswood Lot A, DP 105454
Converted church	31 Central St, Naremburn Lot 6, DP 470
House	4 Chapman Ave, Chatswood Lot 1, DP 72724
House	1 Clanwilliam Street, Willoughby Pt Lot 36, DP 975233
House	3–5 Clanwilliam Street, Willoughby Lots 1 and 2, DP 560086
Uniting Church and Manse	8–12 Clanwilliam Street, Willoughby Lot 1, DP 197947; Lot 1, DP 197948; Lot 1, DP 197949
Clock Tower	Cnr Cliff and Strathallen Avenues, Northbridge (Public roadway near the Suspension Bridge)
House	9 Coorabin Road, Northbridge Lot 20, DP 11031
House	4 Daisy St, Chatswood Lot 1, DP 935969
House	6 Daisy St, Chatswood Lot 1, DP 936234
House	8 Daisy St, Chatswood Lot 230, DP 2934 Lot 1, DP 726399
House	21 Daisy St, Chatswood Lot 210, DP 2934
Converted Naremburn Public School and Resources Centre	10 Dalleys Rd, Naremburn Pt Lot 1 and Pt Lot 15, DP 270101 250–252 Willoughby Rd, Naremburn Lot 1 and Pt Lot 2, DP 862888
House	64 Dalleys Rd, Naremburn Cor Lot A, DP 361740
House	26 Dawson Street, Naremburn Lot 17, DP 2233
House	8 Devonshire St, Chatswood Lot B, DP 832868
House	9 Edinburgh Rd, Willoughby Cor Lot 58, DP 4151
House	139–143 Edinburgh Road, Castlecrag Lot B DP 388113, Lots 153, 154 and 155, DP 12497
House	144 Edinburgh Rd, Castlecrag Lot 61, DP 11138 and Lot 1, DP 315876
House	156 Edinburgh Road, Castlecrag Lot 1, DP 334163
House	170 Edinburgh Rd, Castlecrag Lot 105, DP 11138
House	173 Edinburgh Road, Castlecrag Lot A, DP 374516
House	183 Edinburgh Rd, Castlecrag Lot 219, DP 12497
Waterfront cottage	217B Edinburgh Rd, Castlecrag Lot 1, DP 803334
Waterfront cottage	227 Edinburgh Rd, Castlecrag Lot 101, DP 575195
Waterfront cottage	233 Edinburgh Rd, Castlecrag Lot 1, DP 433035
Waterfront cottage	297A Edinburgh Rd, Castlecrag Lots B and C, DP 394155
House	5 Findlay Avenue, Roseville Lot 2, DP 703121
House	18 Findlay Ave, Chatswood West Lot 1, DP 328766
House	23 Findlay Ave, Chatswood West Lots 11 and 12, DP 537533
House	36 Findlay Ave, Roseville Lot 1, DP 964503
House	40 Findlay Ave, Chatswood West Lot 12, DP 1030300
House and dairy	17 Fitzsimmons Ave, Lane Cove West Lot 18A, DP 391514
Dry Stone Wall and Water Channel	Flat Rock Gully, off Dawson Street, Naremburn Part of Lots 35 and 36, DP 2233
“Fatty” Dawson’s Ruins	Flat Rock Gully, off Dawson Street, Naremburn Pt Lot 7, DP 578027
House	34 Forsyth St, Willoughby Lot 1, DP 602895
Willoughby City Council Depot	1 Frederick Street, Artarmon Pt Lot 12, DP 230974
House	35 Frenchs Road, Willoughby Lot 1, DP 848409
House	3 Fry St, Willoughby Lot A, DP 387142
House	24 Fullers Road, Chatswood Lot A, DP 389697
House	26 Fullers Rd, Chatswood West Lot 1, DP 322339
House	102 Fullers Rd, Chatswood West Lot X, DP 407569
House	128 Fullers Rd, Chatswood West Corner Pt Lot X, DP 418731
House	130 Fullers Rd, Chatswood West Corner Lot 1, DP 101867 and Lot A, DP 406907
House	132 Fullers Rd, Chatswood West Lot A, DP 340417
Glenaeon School	5A Glenroy Avenue, Middle Cove Lot 26, DP 65229
House	29 Greville St, Chatswood Lots 2 3, DP 412489
House	12 Harden Ave, Artarmon Lots 2, 3, DP 4951
House	43 Hercules St, Chatswood Lot 2, DP 555991
House	42 High St, Willoughby Lot 1, DP 719224
House	98 High St, “Oakville”, Willoughby Lot B, DP 333217
House	143 High St, “Tyneside”, Willoughby Lot 1, DP 536418
House	171 High St, “Rosewall”, Willoughby Lot 1, DP 217775 Appurt ROW
House	190 High Street, North Willoughby Lot 1, DP 782188
House	206 High St, Willoughby Lot 2, DP 192006
House	208 High St, “Captains Cottage”, Willoughby Lot 1, DP 192006
House	247 High St, Willoughby Lot 9, DP 660448
House	22 Holland St, Chatswood Lots 13/14, DP 4312
House	15 Johnson St, Chatswood Lot B, DP 335852
House	17 Johnson St, Chatswood Lot A, DP 335852
House	34 Johnson St, Chatswood Lot 1, DP 882767
House	18 Kareela Road, Chatswood West Lot 1, DP 1058437
House	32 Kitchener Rd, Artarmon Corner Lot 1, DP 4101
Shopfront	29 Laurel St, Willoughby Lot 7, DP 1746
Willoughby Fire Station	47–53 Laurel St, Willoughby Lot 2, DP 999243
House	33 Market Street, Naremburn Lot 14, DP 88572
House	38 Market St, Naremburn Lot 1, DP 170113
House	40 Market St, Naremburn Lot 1, DP 82188
House	62 Market St, Naremburn Lot 14, DP 470
House	29 Marks Street, Naremburn Lot 1, DP 980279
House	76 Marlborough St, Willoughby Lot 35, DP 741
House	4 McBurney St, Naremburn Lot 1, DP 205293
House	6 McBurney St, Naremburn Lot 1, DP 195571
Terrace house	8–10 Moriarty Rd, Chatswood West Lots A and B, DP 106994
House	175 Mowbray Rd, Chatswood Lot 10, DP 709494
St Stephen’s Church	Cnr Mowbray Rd/Sydney St, Willoughby Lot 5, DP 246192
Willoughby Girls High School	Cnr Penshurst St and Mowbray Rd, Willoughby Lots 1 and 2, DP 782204
House	235 Mowbray Rd, Chatswood Lot 401, DP 833865
House	237 Mowbray Road, Chatswood Lot 100, DP 833865
House	245 Mowbray Road, Chatswood Lot 2, DP 311166
House	251 Mowbray Road, Chatswood Lot 1, DP 209041
House	253 Mowbray Road, Chatswood Lot 1, DP 3310
House	267 Mowbray Road, Chatswood Lot 2, DP 304876
House	271 Mowbray Rd, Chatswood Lot 3 and Pt Lot 2, DP 924988
House	277 Mowbray Rd, Chatswood Lot C, DP 14082
House	283 Mowbray Rd, Chatswood Lot B, DP 348762
House	317 Mowbray Road, Chatswood Lot 1, DP 954816
House	321 Mowbray Rd, Chatswood Lot 2, DP 813850
House	333 Mowbray Rd, Chatswood Lot 3, DP 4031
Mowbray House and 10 metre curtilage	339 Mowbray Road, Chatswood Pt Lot 2, DP 221896
House	13 Neridah St, Chatswood Lot 1, DP 982553
House	15 Neridah St, Chatswood Lot B, DP 417399
House	17 Neridah St, Chatswood Lot A, DP 417399
House	22 Neridah Street, Chatswood Lot 1, DP 508849
House	23 Neridah St, Chatswood Lot 40, DP 2034
House	28 Neridah Street, Chatswood Lot 1, DP 785397
House	34 Neridah St, Chatswood Lot C, DP 330020
House	37 Neridah St, Chatswood Lot 47, DP 2034
House	17 North Arm Road, Middle Cove Lot 21, DP 27625
Office	4 Oakville Rd, Willoughby Lot 8, DP 2631
House and office	6–8 Oakville Rd, Willoughby Lot 9, DP 2631
Shop	28 Oakville Rd, Willoughby Lot 1, DP 232462
Willoughby Public School	Oakville Rd, Willoughby Lots 1 and 2, DP 782204
House	2 Orchard Rd, Chatswood Lots 1 and 2, DP 85482
Chatswood Public School	Cnr Pacific Highway and Centennial Ave, Chatswood Lot 1, DP 812207 and Lot C, DP 346499
Brick building (known as the Bullbrooks building) occupying the original Pacific Highway frontage, single storey building	Part of 217 Pacific Highway, Artarmon Lot 4, DP 219048
Gateway entry pylons	Part of 217 Pacific Highway, Artarmon Lot 4, DP 219048
Footings of the former Transmission Tower	Part of 217 Pacific Highway, Artarmon Lot B, DP 397154
“Great Northern Hotel”	522 Pacific Highway, Chatswood

Lot 1, DP 799314
Commercial buildings	923–989 Pacific Highway, Chatswood, Lot 1, DP 846943 and Lot 1, DP 34636
Home	10 The Parapet, Castlecrag Lot 55, DP 11138
House	18 Penkivil St, Willoughby Lot 13, DP 4667
House	20 Penkivil Street, Willoughby Lot 12, Section 3, DP 4667
House	22 Penkivil St, Willoughby Lot 11, DP 4667
House	24 Penkivil St, Willoughby Lot B, DP 384806
House	105 Penshurst St, Willoughby Lot 1, DP 577630
Baby Health Centre	191 Penshurst St, Willoughby Lots 47 and 48, DP 14241
House	232–234 Penshurst St, Willoughby Lots 7 and 8, DP 16622 and parcel Lot 6B, DP 360295
House	238/238A Penshurst St, Willoughby Lot 4, DP 16622
“Hotel Willoughby”	315 Penshurst St, Willoughby Lot 2, DP 105551
Community Centre	10 The Postern, Castlecrag Lot 143, DP 17416
House	6 Pyrl St, Artarmon Lot B, DP 388344
House	2 Quarry Street, Naremburn Lot 1, DP 1012046
House	7 Robinson St, Chatswood Lot 2, DP 203484
House	11 Robinson St, Chatswood Lot B, DP 375593
House	13 Robinson St, Chatswood Lot 1, DP 536737
House	17 Robinson St, Chatswood Lot 1, DP 531332
House	21 Robinson St, Chatswood Lot 7, DP 2300
House	24 Robinson St, Chatswood Lot 2, DP 502991
House	26 Robinson St, Chatswood Lot 1, DP 514424
House	27 Robinson St, Chatswood Lot 1, DP 777949
House	28 Robinson St, Chatswood Lot 1, DP 545971
House	29 Robinson St, Chatswood Lot 1, DP 624381
House	2 Rose St, Chatswood Lots X &Y, DP 406803
Clive Park and Tidal Pool	Sailors Bay Road, Northbridge Lot 7093, DP 93909 and DP 79469
Northbridge Golf Club and Golf Course	Sailors Bay Road, Northbridge Pt Lot 688, DP 752067 and Pt Lot 687, DP 752067
Northbridge Public School—Original School Building A	Sailors Bay Road, Northbridge Pt Lot 362, DP 752067
Northbridge Sailing Club	Sailors Bay Road, Northbridge Lot 259, DP 752067
House	186 Sailors Bay Road, Northbridge Lot 19, Section 3 DP 7122
Flats	266–276 Sailors Bay Road, Northbridge Lots 3–14, DP 15725
Group of shops	288–296 Sailors Bay Rd, Northbridge Lots 1–5, DP 306078
Shops and Residence	395 Sailors Bay Road, Northbridge Lot 1A, DP 372721
Semi-detached House	16 Salisbury Rd, Willoughby Lot 1, DP 719119
Semi-detached House	18 Salisbury Rd, Willoughby Lot 2, DP 719119
Tresillian Nursing Home	2–6 Second Ave, Willoughby Lot D, DP 314721
House	40 Slade St, Naremburn Lot 1, DP 79295
House	42 Slade St, Naremburn Lot 1, DP 85352
House	40 Stanley St, Chatswood Lot A, DP 371956
House	50 Sydney Street, Chatswood Lot 2, DP 115546; Lot 2, DP 4350 and Lot 1, DP 115546
Group of shops	80/84 Sydney St, Chatswood Lot 8, DP 12798
House	94 Sydney Street, Chatswood Lot 1, DP 87567
House	96 Sydney Street, Chatswood Lot 2, DP 556541
House	98 Sydney Street, Chatswood Lot 1, DP 75125
House	142A/B Sydney St, Chatswood Lot 1, DP 313736 and Lots 1 and 2, SP 23164
House	161 Sydney Street, Chatswood Pt Lot 4, DP 4704 and Pt Lot 1, DP 303583
House	20 Tulip St, Chatswood Lot C, DP 386934
House	31 Victoria Ave, Chatswood Lot 2, DP 550621
House	66 Victoria Ave, Willoughby Lot A, DP 400982
Community Hospital	256 Victoria Ave, Chatswood Pt Lot 1 DP 828606
House	334 West Street, Naremburn Lot B, DP 392438
Bowling Club House	Willoughby Park, Robert Street, Willoughby Part Lot 7092, DP 93908
Chowne Memorial Hall	Willoughby Park, Warrane Rd, Willoughby Lot 7092, DP 93908
Gates at Willoughby Park	Willoughby Park, Warrane Rd, Willoughby Lot 7092, DP 93908
Group of shops and the Wilkes Avenue Plaza	22–26 Wilkes Ave, Artarmon Lots 1 and 2, DP 11092 and Lot 1, DP 33702
House	59 William St, Chatswood Lot 2, DP 215604
St Leonards Church	171 Willoughby Road, Naremburn Lot 1, DP 115889
St Cuthbert’s Anglican Church	205 Willoughby Rd, Naremburn Lots 38, 39 and 40, DP 5751
Group of Shops	272–276 Willoughby Road, Naremburn Lot B, DP 385463
Group of Shops (Front facade only)	549–553 Willoughby Road, Willoughby Lot 549, DP 1037691, Lot 1, DP 656349 and Lot C, DP 162380
“Bridgeview Hotel”	576 Willoughby Rd, Willoughby Lot 1, DP 81718 and Lot 12, DP 75352
House	6 Wyvern Avenue, Roseville Lot A, DP 335285

Schedule 8Classification and reclassification of public land

(Clause 54A)

Part 1Land classified, or reclassified, as operational land—no interests changed

Locality	Description
Chatswood
27–27A Gibbes Street	Lots 21 and 22, DP 718818
Northbridge
258 Sailors Bay Road	Lot 1, DP 614919

Part 2Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Willoughby	Land identified on Sheet 3 of the map marked “Willoughby Local Environmental Plan 1995 (Amendment No 51)”, being Lots 6 and 7 in DP 21172 and Part Portion 714, Parish of Willoughby, in Folio 826, Volume 1463

Part 3Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description

Very low income household	less than 50%
Low income household	50 or more but less than 80%
Moderate income household	80–120%