Willoughby Local Environmental Plan 2012 (NSW)
This Plan is Willoughby Local Environmental Plan 2012.
This Plan commences on 31 January 2013 and is required to be published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Willoughby in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) for planning framework—
(i) to establish a broad planning framework for Willoughby, and
(ii) to enable the achievement of the goals and outcomes of the community strategic plan titled Our Future Willoughby 2032, published by the Council in June 2022, through planning controls,
(b) for sustainability—
(i) to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of Willoughby, and
(ii) to promote an appropriate balance between development and management of the environment, that will be ecologically sustainable, resilient, socially equitable and economically viable, and
(iii) to better manage the risks associated with climate change through mitigation and adaptation, and
(iv) to reduce resource consumption through the planning and control of land use and development, and
(v) to reduce potential energy and water consumption and waste materials during the construction, occupation, utilisation and lifecycle of buildings, and
(vi) to manage and, where possible, minimise urban heat impacts on people and the environment, indoors and outdoors, through innovative, effective and sustainable urban design and use of green infrastructure,
(c) for environmental protection—
(i) to identify, protect and enhance environmentally sensitive areas such as native vegetation and fauna, foreshore areas, open space and areas of high scenic landscape value, and
(ii) to allow development at a scale that is sensitive to environmental constraints, and
(iii) to control and manage any adverse environmental impacts of development, and
(iv) to prevent loss of life and property and to minimise impacts on people, property and the environment from bush fires and natural disasters by—
(A) discouraging incompatible land uses in vulnerable areas, and
(B) incorporating, as part of compatible land uses, protective measures including appropriate construction techniques and materials, and
(C) avoiding unacceptable environmental degradation, and
(D) incorporating adequate measures to enable the safe evacuation of people from areas impacted by bush fires and natural disasters and ensure access to the areas by emergency services, and
(v) to reduce carbon emissions from buildings, transport, commerce and other activities,
(d) for urban design—
(i) to ensure development embraces the principles of quality urban design and encourages innovative, high quality architectural design to deliver durable, resilient and environmentally sustainable long-term outcomes, and
(ia) to establish, maintain and enhance green corridors and open spaces in accordance with the Sydney green grid principles set out in the Sydney Green Grid published by the Department in March 2017, and
(ii) to promote development that is designed and constructed—
(A) to enhance or integrate into the natural landform and the existing character of distinctive locations, neighbourhoods and streetscapes, and
(B) to contribute to the desired future character of the locality concerned, and
(iii) to ensure development design contributes positively to, and facilitates improvements to, the public domain, and
(iv) to preserve, enhance or reinforce specific areas of high visual quality, ridgelines and landmark locations, including significant gateways, views and vistas, and
(v) to ensure that development design takes into consideration crime prevention principles,
(e) for amenity, wellbeing, health and safety—
(i) to maintain and enhance the existing amenity, wellbeing, health and safety of the local community, and
(ii) to reduce adverse impacts from development on adjoining or nearby residential properties, and
(iii) to provide for social, cultural, recreational and community activities to meet the needs of residents, workers and visitors in Willoughby,
(f) for housing—
(i) to provide opportunities for a range of housing choice in Willoughby to cater for changing population needs in accessible locations, and
(ii) to facilitate the provision of adaptable and affordable housing, and
(iii) to support housing that maximises thermal comfort and minimises the impact of urban heat,
(g) for economic sustainability—
(i) to provide opportunities for a range of employment opportunities in Willoughby, and
(ii) to strengthen the viability and role of the city centres of Willoughby as places for commercial and cultural activities and services, and
(iii) to retain and manage industrial land,
(h) (Repealed)
(i) for heritage—to conserve items of environmental and cultural heritage and to retain the character of heritage conservation areas,
(j) for access—
(i) to provide for local and regional transport needs and promote and increase the use of active transport through walking, cycling and the use of public transport, and
(ii) to provide appropriate levels of car parking in connection with the location of development and managing the demand for ancillary car parking, where there is good access to public transport nodes and services, and
(iii) to provide integrated development design of pedestrian and vehicular access, parking, loading and delivery facilities.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Willoughby Local Environmental Plan 1995
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
An amendment made to this plan by Willoughby Local Environmental Plan 2012 (Amendment No 34) does not apply to a development application made, but not finally determined, before the commencement of that plan.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
Sydney Regional Environmental Plan No 5—(Chatswood Town Centre) is repealed.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
(Repealed)
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Residential Zones R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C4 Environmental Living
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Under the Standard Instrument (Local Environmental Plans) Order 2006, Schedule 1, clause 6(1), this Plan is, until 26 April 2025, taken to apply as if the Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Schedule 3[1]–[4] had not commenced on 26 April 2023. As a result, until 26 April 2025, the Land Use Table is taken to include business and industrial zones that were in the Land Use Table immediately before 26 April 2023.
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To accommodate development that is compatible with the scale and character of the surrounding residential development.
• To retain and enhance residential amenity, including views, solar access, aural and visual privacy, and landscape quality.
• To retain the heritage values of particular localities and places and to ensure heritage items and conservation areas are not damaged, demolished or otherwise adversely impacted by new development.
• To encourage self sufficiency with respect to energy and food supply.
Home occupations
Bed and breakfast accommodation; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Group homes; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Tank-based aquaculture
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To accommodate development that is compatible with the scale and character of the surrounding residential development.
• 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.
• To encourage innovative design in providing a comfortable and sustainable living environment that also has regard to solar access, privacy, noise, views, vehicular access, parking and landscaping.
Nil
Attached dwellings; Boarding houses; Centre-based child care facilities; Community facilities; Group homes; Home businesses; Home occupations; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To 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.
• To encourage innovative design in providing a comfortable and sustainable living environment that also has regard to solar access, privacy, noise, views, vehicular access, parking and landscaping.
Nil
Boarding houses; Centre-based child care facilities; Community facilities; Home businesses; Home occupations; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Shop top housing
Any other development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To provide for services and employment within walking distance of residences.
• To generally conserve and enhance the unique sense of place of local centres by ensuring new development—
(a) displays architectural and urban design quality, and
(b) integrates with the desired character and cultural heritage of local centres.
Nil
Amusement centres; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To encourage employment opportunities to strengthen the Eastern Economic Corridor.
• To maximise public transport patronage and encourage walking and cycling, including by protecting and encouraging safe and accessible pedestrian routes.
• To support the role of St Leonards as a health and education centre.
• To strengthen the role of Chatswood as a strategic centre for the North District.
• To improve the public domain and pedestrian links in Chatswood.
• To enhance the visual appearance of the area by ensuring new development achieves high architectural, urban design and landscape standards.
Nil
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries, Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To accommodate businesses and other uses of land if the access requirements of, and the traffic generated by, the uses do not interfere with the safety and efficiency of the road network.
Nil
Animal boarding or training establishments; Boat building and repair facilities; Building identification signs; Business identification signs; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Home industries; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industries; Marinas; Mooring pens; Open cut mining; Port facilities; Registered clubs; Residential accommodation; Resource recovery facilities; Restricted premises; Retail premises; Rural industries; Sewage treatment plants; Sex services premises; Signage; Tourist and visitor accommodation; Transport depots; Truck depots; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To identify and preserve industrial land to meet the current and future general industrial needs of Willoughby and the wider region.
• To accommodate industrial development that provides employment and a range of goods and services without adversely affecting the amenity, health or safety of residents in adjacent areas.
• To protect the viability of employment zones in Willoughby by permitting offices that are ancillary to, and used in conjunction with, industrial, manufacturing, warehousing or other permitted uses on the same land.
• To accommodate uses that, because of demonstrated special building or site requirements or operational characteristics, cannot be, or are inappropriate to be, located in other zones.
Nil
Building identification signs; Business identification signs; Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Pubs; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Health services facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Home occupations (sex services); Information and education facilities; Marinas; Mooring pens; Passenger transport facilities; Port facilities; Recreation facilities (major); Registered clubs; Research stations; Residential accommodation; Restricted premises; Rural industries; Sewage treatment plants; Signage; Tourist and visitor accommodation; Veterinary hospitals; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To allow for city living on the edges of the city centre of Chatswood, which encourages public transport use, shopping and the use of businesses and recreational services that contribute to the vitality of the city, without undermining its commercial role.
Nil
Amusement centres; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Port facilities; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Veterinary hospitals; Waste disposal facilities; Water recycling facilities; Water supply systems; Wharf or boating facilities; Wholesale supplies
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
Nil
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To provide for classified roads.
Nil
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To protect and enhance areas of ecological, scientific, cultural or aesthetic value.
• To maintain and provide visual open space links to a diversity of public and private spaces and facilities as an integral part of the open space system.
• To provide adequate open space areas to meet the existing and future needs of the residents of Willoughby.
Environmental protection works
Aquaculture; Centre-based child care facilities; Community facilities; Environmental facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To minimise the potential for adverse effects from new development on the amenity of the locality.
Nil
Aquaculture; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To conserve native plant and animal species through the maintenance of suitable habitats.
• To contribute to the scenic quality of Willoughby, including the foreshore.
Nil
Environmental facilities; Environmental protection works; Oyster aquaculture; Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
• To ensure that development preserves and enhances the natural features and bushland within the immediate locality (including natural vegetation, geological features, drainage patterns, the water table and the relationship of development to the natural topography) and does not increase bush fire hazard potential.
• To maintain the scale, character and streetscape of individual localities.
• To retain and enhance residential amenity, including views, solar access, aural and visual privacy, foreshore setting, landscape quality and heritage value.
Home occupations
Bed and breakfast accommodation; Dual occupancies; Dwelling houses; Environmental protection works; Home-based child care; Home businesses; Oyster aquaculture; Pond-based aquaculture; Roads; Secondary dwellings; Tank-based aquaculture
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
The objectives of this clause are as follows—
(a) to retain the pattern of subdivision in low density residential and environmental living zones,
(b) to ensure lots have sufficient area for the effective siting of development in order to achieve a good relationship with adjoining dwellings and to provide adequate space for landscaped open space, drainage, parking, residential amenity and other services,
(c) to require larger lots along the foreshore or where the topography or other natural features of a site limit its subdivision potential,
(d) to ensure that subdivision does not cause fragmentation of sites that limits potential future uses or redevelopment in accordance with the zone objectives.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
[Not adopted]
The objective of this clause is to ensure land in Zone E2 Commercial Centre is not fragmented by subdivision that would adversely impact the tenancy mix and long-term potential of commercial properties for redevelopment.
The size of a lot resulting from subdivision of land in Zone E2 Commercial Centre by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015 must not be less than—
(a) the minimum size shown for the land on the Lot Size Map, or
(b) if no minimum size is shown for the land on the Lot Size Map—1,800m
2 .
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 6 provides that strata subdivision of a building in certain circumstances is complying development.
Subclause (2) does not apply to a lot comprising common property within the meaning of the Strata Schemes Development Act 2015.
(Repealed)
Despite any other provision of this Plan, development consent must not be granted to the subdivision of a lot on which there is a dual occupancy except in accordance with this clause.
Development consent may be granted to the subdivision of a lot on which there is a dual occupancy if the size of any lot resulting from the subdivision is not to be less than the minimum size shown on the Lot Size Map in relation to that lot.
Development consent may also be granted to the subdivision of a lot on which there is a dual occupancy if—
(a) the lot is not a lot in the area identified as “Area 1” on the Dual Occupancy Restriction Map, and
(b) the area of each lot resulting from the subdivision is at least 350 square metres, and
(c) each of the resulting lots will have one of the dwellings on it, and
(d) the floor space ratio of each dwelling does not exceed—
(i) 0.4:1, or
(ii) any floor space ratio specified under clause 4.4A for a building on the lot,
whichever is the lesser.
(e) (Repealed)
(Repealed)
[Not applicable]
The objectives of this clause are as follows—
(a) to ensure that new development is in harmony with the bulk and scale of surrounding buildings and the streetscape,
(b) to minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,
(c) to ensure a high visual quality of the development when viewed from adjoining properties, the street, waterways, public reserves or foreshores,
(d) to minimise disruption to existing views or to achieve reasonable view sharing from adjacent developments or from public open spaces with the height and bulk of the development,
(e) to set upper limits for the height of buildings that are consistent with the redevelopment potential of the relevant land given other development restrictions, such as floor space and landscaping,
(f) to use maximum height limits to assist in responding to the current and desired future character of the locality,
(g) to reinforce the primary character and land use of the city centre of Chatswood with the area west of the North Shore Rail Line, being the commercial office core of Chatswood, and the area east of the North Shore Rail Line, being the retail shopping core of Chatswood,
(h) to achieve transitions in building scale from higher intensity business and retail centres to surrounding residential areas.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The maximum height of a building on land in Zone C4 Environmental Living that is identified as “Area 1” on the Height of Buildings Map is—
(a) for the part of the building on land immediately adjoining the street frontage—3.5m above ground level (existing), and
(b) otherwise—10m above ground level (existing).
The maximum height of a building on land identified as “Area 2” on the Height of Buildings Map is 17m if the first 2 storeys of the building are used only for the purposes of commercial premises.
The maximum height of a building used for the purposes of a dual occupancy (detached) is 5.7m if—
(a) there is an existing dwelling house on the lot that will form part of the dual occupancy (detached), or
(b) the building will not have a street frontage, or
(c) for a corner lot—the building will have only one street frontage.
The maximum height of a secondary dwelling is 5.7m if the secondary dwelling is separate from the principal dwelling.
The maximum height of a building on land in the foreshore area is 3.5m above ground level (existing).
The following structures located on the rooftop of a building on land identified as “Area 4” on the Height of Buildings Map may exceed the maximum height shown for the land on the map—
(a) balustrades with a height of less than 1.2m above the finished floor level of the rooftop,
(b) a structure, with a height of no more than 3.75m above the finished floor level of the rooftop, used to enclose a lift for access to communal areas on the rooftop,
(c) a structure, with a height of no more than 2.55m above the finished floor level of the rooftop, used to enclose—
(i) stair access to the rooftop, or
(ii) shared facilities for the use of residents of the building, such as bathrooms,
(d) service installations, including air conditioning systems, lights, solar panels and skylights, with a height of less than 2m above the finished floor level of the rooftop.
The maximum height of a building used for the purposes of multi dwelling housing on land at 92–96 Victoria Avenue, North Willoughby, identified as “Area 5” on the Height of Buildings Map, is 10m.
The objectives of this clause 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 minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,
(d) to manage the bulk and scale of that development to suit the land use purpose and objectives of the zone,
(e) to permit higher density development at transport nodal points,
(f) to allow growth for a mix of retail, business and commercial purposes consistent with Chatswood’s sub-regional retail and business service, employment, entertainment and cultural roles while conserving the compactness of the city centre of Chatswood,
(g) to reinforce the primary character and land use of the city centre of Chatswood with the area west of the North Shore Rail Line, being the commercial office core of Chatswood, and the area east of the North Shore Rail Line, being the retail shopping core of Chatswood,
(h) to provide functional and accessible open spaces with good sunlight access during key usage times and provide for passive and active enjoyment by workers, residents and visitors to the city centre of Chatswood,
(i) to achieve transitions in building scale and density from the higher intensity business and retail centres to surrounding residential areas,
(j) to encourage the consolidation of certain land for redevelopment,
(k) to encourage the provision of community facilities and affordable housing and the conservation of heritage items by permitting additional gross floor area for these land uses.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
Despite subclause (2)—
(a) the maximum floor space ratio for a building on land in Zone R2 Low Density Residential or Zone C4 Environmental Living is to be determined as if the area of the access laneway of a battle-axe lot were not part of the area of the lot, and
(b) part of the floor area of a building is taken not to be part of the gross floor area of the building for determining the maximum floor space ratio of the building if it—
(i) is to be used for community facilities, or
(ii) is a heritage item.
(iii) (Repealed)
Subclause (2A)(b) does not apply unless the consent authority is satisfied that—
(a) the building will not cause adverse impacts on adjoining land in terms of overshadowing, privacy, bulk and scale, and
(b) the conservation of any heritage item and its setting will be achieved.
Subclause (2A)(b)(i) does not apply in respect of a building used for affordable housing purposes if the erection of the building is consistent with State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1.
A reference in this clause to a numbered area is a reference to land in the area with that number on the Floor Space Ratio Map.
The maximum floor space ratio for a building on land specified in the table to this subclause is the ratio determined in accordance with the table.
Zone | Area | Site area | Maximum floor space ratio |
Zone R2 | Area 1 | ≥500m | 0.45:1 |
Zone R2 | Area 1 | ≥600m | 0.43:1 |
Zone R2 | Area 1 | ≥700m | 0.41:1 |
Zone R2 | Area 1 | ≥800m | 0.40:1 |
Zone R2 | Area 1, Area 3 | <200m | 0.65:1 |
Zone R2 | Area 1, Area 3 | ≥200m | 0.55:1 |
Zone R2 | Area 1, Area 3 | ≥300m | 0.50:1 |
Zone R2 | Area 1, Area 3 | ≥400m | 0.47:1 |
Zone R2 | Area 3 | ≥500m | 0.45:1 |
Zone E2 | Area 10 | >3,900m | 2.5:1 |
Zone E3 | Area 7 | >1,000m | 2.5:1 |
Zone E3 | Area 9 | >1,140m | 3.7:1 |
Zone E3 | Area 13 | >1,000m | 3.5:1 |
Zone E3 | Area 15 | >12,000m | 4.5:1 |
Zone E4 | Area 5 | >1,000m | 1.5:1 |
Zone E4 | Area 6 | >1,000m | 2:1 |
Zone E4 | Area 14 | >1,000m | 1.5:1 |
Zone E4 | Area 17 | >1,000m | 2:1 |
Subclause (2) only applies to a building in Area 6, Area 13, Area 14 or Area 15 if the site coverage of the building does not exceed the following—
(a) for Area 6—45% of the site area,
(b) for Area 13, Area 14 and Area 15—60% of the site area.
The maximum floor space ratio for a building on land in Zone C4 Environmental Living in Area 2 with a site area specified in the table to this subclause is the floor space ratio specified opposite.
Site area | Maximum floor space ratio |
<400m | 0.5:1 |
≥400m | 0.44:1 |
≥500m | 0.40:1 |
≥600m | 0.37:1 |
≥700m | 0.35:1 |
≥800m | 0.32:1 |
≥900m | 0.3:1 |
≥1,000m | 0.28:1 |
≥1,100m | 0.27:1 |
≥1,200m | 0.26:1 |
≥1,300m | 0.25:1 |
The maximum floor space ratio for a building on land in Zone C4 Environmental Living in Area 8 with a site area specified in the table to this subclause is the floor space ratio specified opposite.
Site area | Maximum floor space ratio |
<400m | 0.45:1 |
≥400m | 0.4:1 |
≥500m | 0.36:1 |
≥600m | 0.34:1 |
≥700m | 0.32:1 |
≥800m | 0.3:1 |
≥900m | 0.28:1 |
≥1,000m | 0.26:1 |
≥1,100m | 0.25:1 |
≥1,300m | 0.24:1 |
The maximum floor space ratio for a building on land in Zone E4 General Industrial in Area 11 or Area 12 is as follows—
(a) for a building used for the purposes of a hospital in Area 11, with a site area of more than 1,000m
2 —3:1,(b) for a building used for the purposes of a hospital in Area 12—2.5:1,
(c) 1.5:1 if—
(i) the site area is more than 1,000m
2 , and(ii) the site coverage of the building does not exceed 45% of the site area.
The maximum floor space ratio for a building on land in Zone E2 Commercial Centre in Area 16 is 3:1 if—
(a) the building is used for the purposes of—
(i) commercial premises or health services facilities, and
(ii) shop top housing, and
(b) the floor space ratio of the part of the building used for commercial premises or health services facilities is at least 1:1, and
(c) the floor space ratio of the part of the building used for shop top housing does not exceed 2:1.
The maximum floor space ratio for a building on land in Zone E1 Local Centre in Area 18 is 3:1 if—
(a) the site area is more than 1,500m
2 , and(b) the floor space ratio of the part of the building used for non-residential purposes is at least 1.5:1, and
(c) the consent authority is satisfied development on the land will provide for adequate publicly accessible open space.
The maximum floor space ratio for a building on land in Zone E1 Local Centre in Area 21 is 1.8:1 if the floor space ratio of the part of the building located at or above the street level of Edinburgh Road does not exceed 1.6:1.
The maximum floor space ratio for shops on Lot 1, DP 1013682, 79–113 Sailors Bay Road, Northbridge is 1:1.
The maximum floor space ratio for a dual occupancy on land in Zone R2 Low Density Residential is 0.4:1.
The maximum floor space ratio of a building used for the purposes of multi dwelling housing on land at 92–96 Victoria Avenue, North Willoughby, identified as “Area 22” on the Floor Space Ratio Map, is 1:1.
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
When this Plan was made it did not include land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential or Zone E3 Environmental Management.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 5.4,
(caa) clause 5.5,
(ca) clause 4.3 (to the extent that it applies to land at 1–5 Broadcast Way, Artarmon, being Lots 1–6, DP 270714).
(cb) clause 6.24(3).
The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act
1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Zone E2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
Zone R2 Low Density Residential and marked “Local road widening” | Council |
Zone R3 Medium Density Residential and marked “Local road widening” | Council |
Zone E1 Local Centre and marked “Local road widening” | Council |
Zone MU1 Mixed Use and marked “Local road widening” | Council |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.
Column 1 | Column 2 |
Land | Development |
Zone RE1 Public Recreation and marked “Local open space” | Recreation areas |
Zone RE1 Public Recreation and marked “Regional open space” | Environmental protection works |
Zone SP2 Infrastructure and marked “Classified road” | Roads |
Zone C2 Environmental Conservation and marked “Regional open space” | Environmental protection works |
Zone R2 Low Density Residential and marked “Local road widening” | Roads |
Zone R3 Medium Density Residential and marked “Local road widening” | Roads |
Zone E1 Local Centre and marked “Local road widening” | Roads |
Zone MU1 Mixed Use and marked “Local road widening” | Roads |
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4—
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Land Management Act 2016).
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
[Not adopted]
If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area.
If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a) 1% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b) 100 square metres,
whichever is the lesser.
If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 10 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.
If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 9 square metres.
If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a) 60 square metres,
(b) 10% of the total floor area of the principal dwelling.
If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a) 1% of the gross floor area of the industry, or
(b) 100 square metres,
whichever is the lesser.
[Not adopted]
[Not adopted]
The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
The following development may be carried out, but only with development consent—
(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Willoughby Local Environmental Plan 2012 (679). LW 21.12.2012. Date of commencement, 31.1.2013, cl 1.1AA. This Plan has been amended as follows—
No 96 | Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012. | |
No 5 | Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27. | |
(368) | Willoughby Local Environmental Plan 2012 (Amendment No 1). LW 13.6.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(493) | Willoughby Local Environmental Plan 2012 (Amendment No 2). LW 1.8.2014. Date of commencement, on publication on LW, cl 2. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(316) | State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3). LW 19.6.2015. Date of commencement, 4 weeks after publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(789) | Willoughby Local Environmental Plan 2012 (Amendment No 3). LW 18.12.2015. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(117) | Willoughby Local Environmental Plan 2012 (Amendment No 4). LW 4.3.2016. Date of commencement, on publication on LW, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(271) | Willoughby Local Environmental Plan 2012 (Amendment No 7). LW 27.5.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(456) | Willoughby Local Environmental Plan 2012 (Amendment No 6). LW 22.7.2016. Date of commencement, on publication on LW, cl 2. | |
(37) | Willoughby Local Environmental Plan 2012 (Amendment No 8). LW 17.2.2017. Date of commencement, on publication on LW, cl 2. | |
(180) | Willoughby Local Environmental Plan 2012 (Amendment No 9). LW 5.5.2017. Date of commencement, on publication on LW, cl 2. | |
(327) | Willoughby Local Environmental Plan 2012 (Amendment No 5). LW 30.6.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(537) | Willoughby Local Environmental Plan 2012 (Amendment No 11). LW 22.9.2017. Date of commencement, on publication on LW, cl 2. | |
(588) | Willoughby Local Environmental Plan 2012 (Amendment No 10). LW 20.10.2017. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(109) | Willoughby Local Environmental Plan 2012 (Amendment No 12). LW 23.3.2018. Date of commencement, on publication on LW, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(156) | State Environmental Planning Policy Amendment (Willoughby) 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.2, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(494) | Willoughby Local Environmental Plan 2012 (Amendment No 13). LW 4.10.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 1, 3 and 5, 15.1.2020, cl 2(1). | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(501) | State Environmental Planning Policy (Vegetation in Non-Rural Areas) Amendment 2020. LW 21.8.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
(658) | Willoughby Local Environmental Plan 2012 (Amendment No 14). LW 6.11.2020. Date of commencement, on publication on LW, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(99) | Willoughby Local Environmental Plan 2012 (Amendment No 15). LW 5.3.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(301) | Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(504) | Willoughby Local Environmental Plan 2012 (Amendment No 16). LW 31.8.2021. Date of commencement, 1.3.2022, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(685) | Willoughby Local Environmental Plan 2012 (Amendment No 17). LW 19.11.2021. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(61) | Willoughby Local Environmental Plan 2012 (Amendment No 19). LW 25.2.2022. Date of commencement, 1.3.2022, immediately after the commencement of Willoughby Local Environmental Plan 2012 (Amendment No 16), cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(74) | Willoughby Local Environmental Plan 2012 (Amendment No 18). LW 4.3.2022. Date of commencement, on publication on LW, cl 2. | |
(114) | Willoughby Local Environmental Plan 2012 (Amendment No 20). LW 25.3.2022. Date of commencement, on publication on LW, cl 2. | |
(167) | Willoughby Local Environmental Plan 2012 (Amendment No 21). LW 22.4.2022. Date of commencement, on publication on LW, cl 2. | |
(205) | Willoughby Local Environmental Plan 2012 (Amendment No 22). LW 6.5.2022. Date of commencement, on publication on LW, cl 2. | |
(221) | Willoughby Local Environmental Plan 2012 (Amendment No 23). LW 13.5.2022. Date of commencement, on publication on LW, cl 2. | |
(315) | Willoughby Local Environmental Plan 2012 (Amendment No 25). LW 24.6.2022. Date of commencement, on publication on LW, cl 2. | |
(316) | Willoughby Local Environmental Plan 2012 (Amendment No 26). LW 24.6.2022. Date of commencement, on publication on LW, cl 2. | |
(353) | Willoughby Local Environmental Plan 2012 (Amendment No 24). LW 1.7.2022. Date of commencement, on publication on LW, cl 2. | |
(427) | Willoughby Local Environmental Plan 2012 (Amendment No 27). LW 29.7.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(602) | Willoughby Local Environmental Plan 2012 (Amendment No 28). LW 7.10.2022. Date of commencement, on publication on LW, cl 2. | |
(603) | Willoughby Local Environmental Plan 2012 (Amendment No 29). LW 7.10.2022. Date of commencement, 30.1.2023, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(700) | Willoughby Local Environmental Plan 2012 (Amendment No 31). LW 18.11.2022. Date of commencement, on publication on LW, cl 2. | |
(727) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Land Use Zones) 2022. LW 30.11.2022. Date of commencement, on the commencement of Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (ie 30.11.2022), sec 2. | |
(264) | Willoughby Local Environmental Plan 2012 (Amendment No 32). LW 26.5.2023. Date of commencement, on publication on LW, cl 2. | |
(292) | Willoughby Local Environmental Plan 2012 (Amendment No 33). LW 9.6.2023. Date of commencement, on publication on LW, cl 2. | |
(373) | Willoughby Local Environmental Plan 2012 (Amendment No 34). LW 30.6.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(460) | Willoughby Local Environmental Plan 2012 (Amendment No 35). LW 18.8.2023. Date of commencement, on publication on LW, cl 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. |
Date of commencement, on publication on LW, sec 2. | ||
No 52 | Greater Cities Commission Repeal Act 2023. Assented to 12.12.2023. Date of commencement, 1.1.2024, sec 2. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.21[1], 30.6.2024, sec 2(a); date of commencement of Sch 3.21[2], on publication on LW, sec 2(b). | |
(698) | State Environmental Planning Policy Amendment (Design Competition Guidelines) 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(64) | Willoughby Local Environmental Plan 2012 (Amendment No 36). LW 8.3.2024. Date of commencement, on publication on LW, cl 2. | |
(311) | Willoughby Local Environmental Plan 2012 (Amendment No 37). LW 19.7.2024. Date of commencement, on publication on LW, cl 2. | |
(320) | Willoughby Local Environmental Plan 2012 (Amendment No 38). LW 26.7.2024. Date of commencement, on publication on LW, cl 2. | |
(593) | State Environmental Planning Policy Amendment (Crows Nest Transport Oriented Development Precinct) 2024. LW 27.11.2024. Date of commencement, on publication on LW, sec 2. | |
(366) | Willoughby Local Environmental Plan 2012 (Amendment No 39). LW 18.7.2025. Date of commencement, on publication on LW, cl 2. | |
(434) | Willoughby Local Environmental Plan 2012 (Amendment No 39). LW 22.8.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2017 (327), Sch 1 [1]; 2023 (373), Sch 1[1]–[10]. |
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2023 (373), Sch 1[11] [12]; 2023 (609), Sch 1.1[1]. |
Cl 1.9 | Am 2021 (714), Sch 10.22; 2023 (664), Sch 3.21[1]. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2023 (373), Sch 1[13]. |
Land Use Table | Am 2017 (493), Sch 1.1 [1] [2]; 2019 (621), Sch 3; 2022 (727), Sch 4.8; 2023 (373), Sch 1[14]–[16]; 2023 No 52, Sch 2.6. |
Cl 4.1A | Am 2017 (327), Sch 1 [2]. Renumbered as cl 4.1C, 2017 (327), Sch 1 [3]. Ins 2017 (327), Sch 1 [4]. Subst 2023 (373), Sch 1[17]. |
Cl 4.1B | Am 2017 (327), Sch 1 [5]. Rep 2023 (373), Sch 1[17]. |
Cl 4.1C (previously cl 4.1A) | Renumbered 2017 (327), Sch 1 [3]. Am 2018 (156), cl 4.1 (1)–(3); 2023 (373), Sch 1[18]. |
Cl 4.3A | Am 2017 (327), Sch 1 [6]; 2021 (504), Sch 1[1] [2]; 2023 (292), Sch 1[1]. Subst 2023 (373), Sch 1[19]. Am 2023 (460), Sch 1[1]. |
Cl 4.4 | Am 2021 (685), Sch 1[1]; 2022 (72), Sch 1.66[1]; 2023 (373), Sch 1[20]; 2024 (42), Sch 1.51[1]. |
Cl 4.4A | Am 2014 (368), Sch 1 [1] [2]; 2016 (117), cl 5 (1); 2017 (180), Sch 1 [1]; 2017 (588), Sch 1 [1]; 2018 (109), cl 5 (1); 2022 (74), Sch 1[1]; 2023 (292), Sch 1[2]. Subst 2023 (373), Sch 1[21]. Am 2023 (460), Sch 1[2]; 2024 (311), Sch 1[1]–[5]. |
Cl 4.6 | Am 2017 (180), Sch 1 [2]; 2021 (504), Sch 1[3]. |
Cl 5.1 | Am 2024 (64), Sch 1[1] [2]. |
Cl 5.1A | Am 2024 (42), Sch 1.51[2]; 2024 (64), Sch 1[1] [2]. |
Cl 5.4 | Am 2018 (406), Sch 1.152 [1] [2]; 2023 (458), Sch 1[1]. |
Cl 5.6 | Subst 2022 (74), Sch 1[2]. |
Cl 5.22 | Subst 2023 (609), Sch 1.27. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 6.2 | Subst 2023 (373), Sch 1[22]. |
Cl 6.3 | Rep 2021 (225), Sch 1. Ins 2023 (373), Sch 1[22]. |
Cl 6.4 | Subst 2023 (373), Sch 1[22]. |
Cl 6.5 | Subst 2023 (373), Sch 1[22]. |
Cl 6.6 | Subst 2023 (373), Sch 1[22]. |
Cl 6.7 | Am 2022 (74), Sch 1[3]. Subst 2023 (373), Sch 1[22]. Am 2025 (434), Sch 1[1]. |
Cl 6.8 | Am 2017 (327), Sch 1 [7]–[12]; 2019 (621), Sch 1.14[1]; 2021 (99), Sch 1[1] [2]; 2022 (72), Sch 1.66[2]. Subst 2023 (373), Sch 1[22]; 2024 (593), Sch 3[1] [2]. |
Cl 6.9 | Am 2015 (316), Sch 2.19. Subst 2023 (373), Sch 1[22]. Am 2023 (664), Sch 3.21[2]. |
Cl 6.10 | Am 2017 (327), Sch 1 [13]; 2021 (99), Sch 1[3]; 2021 (685), Sch 1[2] [3]. Subst 2023 (373), Sch 1[22]. Am 2023 (460), Sch 1[3]. |
Cl 6.11 | Subst 2023 (373), Sch 1[22]. |
Cl 6.12 | Rep 2022 (74), Sch 1[4]. Ins 2023 (373), Sch 1[22]. |
Cl 6.13 | Subst 2023 (373), Sch 1[22]. |
Cl 6.14 | Am 2019 (621), Sch 1.14[2]. Subst 2023 (373), Sch 1[22]. Am 2023 (523), Sch 1.18[1] [2]. |
Cl 6.15 | Subst 2023 (373), Sch 1[22]. Am 2024 (311), Sch 1[6]–[10]. |
Cl 6.16 | Subst 2023 (373), Sch 1[22]. Am 2024 (64), Sch 1[3]. |
Cl 6.17 | Am 2017 (493), Sch 1.2 [1]. Subst 2023 (373), Sch 1[22]. |
Cl 6.18 | Am 2022 (72), Sch 1.66[3]. Subst 2023 (373), Sch 1[22]. |
Cl 6.19 | Subst 2023 (373), Sch 1[22]. |
Cl 6.20 | Ins 2014 (368), Sch 1 [3]. Am 2016 No 27, Sch 2.57. Subst 2023 (373), Sch 1[22]. |
Cl 6.21 | Ins 2015 (789), cl 5. Am 2016 (271), cl 4 (1) (2). Subst 2023 (373), Sch 1[22]. |
Cl 6.22 | Ins 2017 (180), Sch 1 [3]. Am 2017 (588), Sch 1 [2]—[4]. Subst 2023 (373), Sch 1[22]. |
Cl 6.23 | Ins 2021 (99), Sch 1[4]. Subst 2023 (373), Sch 1[22]. Am 2023 (698), Sch 1.14[1]–[4]; 2025 (366), Sch 1[1] [2]. |
Cl 6.24 | Ins 2021 (504), Sch 1[4]. Am 2022 (61), cl 5. Subst 2023 (373), Sch 1[22]. |
Cl 6.25 | Ins 2022 (74), Sch 1[5]. Am 2022 (114), cl 5(1) (2); 2022 (167), cl 5(1) (2); 2022 (205), cl 5; 2022 (221), cl 5; 2022 (315), cl 5; 2022 (316), cl 5; 2022 (353), cl 4; 2022 (427), cl 5; 2022 (602), cl 5; 2022 (603), cl 5; 2022 (700), cl 5; 2023 (264), cl 5. Subst 2023 (373), Sch 1[22]; 2025 (366), Sch 1[3]. |
Cl 6.26 | Ins 2023 (373), Sch 1[22]. |
Cl 6.27 | Ins 2024 (593), Sch 3[3]. |
Cl 6.28 | Ins 2024 (593), Sch 3[3]. Rep 2025 (366), Sch 1[4]. |
Sch 1 | Am 2014 (368), Sch 1 [4]; 2016 (117), cl 5 (2); 2016 No 27, Sch 2.57; 2016 (456), cl 4; 2017 (37), cl 4 (1) (2); 2017 (180), Sch 1 [4]; 2017 (327), Sch 1 [14]–[16]; 2017 (493), Sch 1.2 [1]; 2018 (109), cl 5 (2); 2018 (488), Sch 1.2; 2021 (504), Sch 1[5] [6]; 2023 (292), Sch 1[3]; 2023 (373), Sch 1[23]–[37]; 2023 (460), Sch 1[4]; 2024 (64), Sch 1[4]–[6]; 2025 (434), Sch 1[2]–[21]. |
Sch 2 | Am 2020 (501), Sch 2.12; 2023 (373), Sch 1[38]. |
Sch 4 | Am 2017 (327), Sch 1 [17]. |
Sch 5 | Am 2019 (494), cl 5; 2020 (658), Sch 1[1] [2]; 2023 (373), Sch 1[39]–[41]; 2024 (320), Sch 1. |
Dictionary | Am 2022 (74), Sch 1[6]; 2023 (373), Sch 1[42]; 2024 (593), Sch 3[4]. |
Maps | Am 2014 (368), cl 4; 2014 (493), cl 4; 2015 (789), cl 4; 2016 (117), cl 4; 2017 (180), cl 4; 2017 (327), cl 4; 2017 (537), cl 4; 2017 (588), cl 4; 2018 (109), cl 4; 2019 (494), cl 4; 2020 (658), cl 4; 2021 (99), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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