Wollondilly Local Environmental Plan 2011 (NSW)
This Plan is Wollondilly Local Environmental Plan 2011.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Wollondilly in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide for the management of natural resources and the protection of the natural landscape character,
(b) to protect, conserve and enhance the built, landscape and Aboriginal cultural heritage,
(c) to protect water quality in land that is situated within water supply catchments,
(d) to encourage development that provides for an integrated transport and infrastructure system and adequate facilities and service provision for future growth,
(e) to recognise, manage and protect rural resource lands for sustainable agriculture and extractive industry practices,
(f) to maintain the separation between towns and villages to retain their unique character and rural and natural settings,
(g) to provide for a built environment that contributes to the health and well-being of residents, workers and visitors.
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(Repealed)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—
• Wollondilly Local Environmental Plan 1991
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
If a development application has been made before the commencement of Wollondilly Local Environmental Plan 2011 (Amendment No 35) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
If a development application has been made before the commencement of Wollondilly Local Environmental Plan 2011 (Amendment No 40) in relation to land to which that Plan applies and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any 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—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
• RU5 Village
• Residential Zones R2 Low Density Residential
R3 Medium Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy 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
C3 Environmental Management
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 additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide for a range of land uses (including tourism-related uses) that support the agriculture industry.
• To provide areas within which the density of development is limited in order to maintain a separation between urban areas.
• To support sustainable land management practices and local food production.
• To provide for tourist land uses in connection with environmental, scenic or agricultural uses of land.
Extensive agriculture; Home occupations
Agriculture; Air transport facilities; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat launching ramps; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Function centres; Funeral homes; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Markets; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Timber yards; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To provide areas where the density of development is limited in order to maintain a separation between urban areas.
• To support sustainable land management practices and local food production.
• To provide for tourist land uses in connection with environmental, scenic or agricultural uses of land.
Extensive agriculture; Home occupations
Agriculture; Airports; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Depots; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Function centres; Funeral homes; Group homes; Helipads; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Hospitals; Information and education facilities; Landscaping material supplies; Markets; Mortuaries; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Signage; Timber yards; Tourist and visitor accommodation; Transport depots; Veterinary hospitals; Water recreation structures; Water supply systems
Stock and sale yards; Turf farming; Any other development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide areas within which the density of development is limited in order to maintain a separation between urban areas.
• To support sustainable land management practices and local food production.
• To provide for tourist land uses in connection with environmental, scenic or agricultural uses of land.
Extensive agriculture; Home occupations
Agritourism; Animal boarding or training establishments; Aquaculture; Artisan food and drink industries; Boat launching ramps; Caravan parks; Cellar door premises; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Function centres; Group homes; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Intensive plant agriculture; Landscaping material supplies; Markets; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Signage; Timber yards; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems
Any development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To enable limited residential development that contributes to a vibrant and active rural village and is consistent with the Council’s strategic planning for residential development in the area.
• To maintain the rural character of the village and ensure buildings and works are designed in a way that is sympathetic to the character of the village.
• To ensure development does not create unreasonable demands for the provision or extension of public amenities and services.
• To support the health and wellbeing of the community by providing appropriate land uses within walking and cycling distance of housing.
Home occupations
Artisan food and drink industries; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Business premises; Cellar door premises; Centre-based child care facilities; Community facilities; Dwelling houses; Entertainment facilities; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Home businesses; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Kiosks; Landscaping material supplies; Markets; Medical centres; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Rural supplies; Schools; Service stations; Shops; Shop top housing; Tank-based aquaculture; Veterinary hospitals
Any development not specified in item 2 or 3
• 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 support the health and well-being of the community by providing well-connected and walkable residential areas close to services and employment.
Home occupations
Bed and breakfast accommodation; Bee keeping; Cemeteries; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Roads; Sewerage systems; Signage; Tank-based aquaculture; Veterinary hospitals; Water supply systems
Attached dwellings; Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Shop top housing; Water treatment facilities; Any other 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 encourage the provision of affordable housing.
• To support the health and well-being of the community by providing well-connected and walkable residential areas close to services and employment.
Nil
Attached dwellings; Bed and breakfast accommodation; Bee keeping; Boarding houses; Centre-based child care facilities; Community facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential accommodation; Respite day care centres; Roads; Seniors housing; Serviced apartments; Sewerage systems; Signage; Tank-based aquaculture; Water supply systems
Biosolids treatment facilities; Rural workers’ dwellings; Shop top housing; Any other development not specified in item 2 or 3
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To support the health and well-being of the community by providing well-connected and walkable residential areas close to services and employment.
Home occupations
Bed and breakfast accommodation; Bee keeping; Cemeteries; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Roads; Roadside stalls; Sewerage systems; Signage; Tank-based aquaculture; Veterinary hospitals; Water supply systems
Attached dwellings; Biosolids treatment facilities; Dual occupancies; Multi dwelling housing; Residential flat buildings; Rural workers’ dwellings; Semi-detached dwellings; Shop top housing; Water recycling facilities; Water treatment facilities; 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 support the health and wellbeing of the community by providing employment and services that are close to housing and well supported by public and active transport.
• To encourage vibrant local centres by allowing tourist and visitor accommodation and facilities.
Nil
Amusement centres; Artisan food and drink industries; Bee keeping; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hostels; 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; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat sheds; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Heavy industrial storage establishments; Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Storage premises; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures; Water treatment facilities; Wharf or boating facilities
• 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 support the health and wellbeing of the community by providing employment and services that are close to housing and well supported by public and active transport.
Nil
Animal boarding or training establishments; Bee keeping; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots, Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; 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; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home occupations; Home occupations (sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Sewerage systems; Sex services premises; Shops; Tourist and visitor accommodation; Transport depots; Truck depots; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To ensure new development is sustainable and will not impact land of high biodiversity significance.
• To maintain the efficient operation of the local and regional road networks.
• To support the health and wellbeing of the community by providing employment and services close to housing.
• To ensure development does not impact the viability of local centres.
Nil
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Intensive plant agriculture; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Office premises; Oyster aquaculture; Plant nurseries; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist facilities; Educational establishments; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Function centres; Heavy industrial storage establishments; Highway service centres; Home occupations (sex services); Industries; Information and education facilities; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Rural industries; Tourist and visitor accommodation; Water recreation structures; Wharf or boating facilities
• To provide areas for industries that need to be separated from other 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 land uses that provide facilities or services to meet the day-to-day needs of workers in the area.
• To support the health and wellbeing of the community by providing employment and services that can be easily reached by public and active transport.
Nil
Data centres; Depots; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industries; Industrial training facilities; Intensive plant agriculture; Kiosks; Offensive storage establishments; Oyster aquaculture; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Agriculture; Amusement centres; Animal boarding or training establishments; Business premises; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Forestry; Function centres; Health services facilities; Highway service centres; Home industries; Home occupations (sex services); Information and education facilities; Light industries; Local distribution premises; Passenger transport facilities; Places of public worship; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Research stations; Residential accommodation; Respite day care centres; Restricted premises; Retail premises; Self-storage units; Sex services premises; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals; Water recreation structures; 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 support the health and wellbeing of the community by providing employment and services that are close to housing and well supported by public and active transport.
Nil
Amusement centres; Bee keeping; Boarding houses; 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; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Agriculture; Animal boarding or training establishments; Boat building and repair facilities; Boat sheds; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Extractive industries; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Recreation facilities (major); Research stations; Resource recovery facilities; Rural industries; Sex services premises; Storage premises; Vehicle body repair workshops; Waste disposal facilities; Water recreation structures; Wharf or boating facilities
• 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.
Extensive agriculture; Horticulture
Aquaculture; Cellar door premises; Food and drink premises; Markets; Rural workers’ dwellings; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Any other development not specified in item 2 or 4
Air transport facilities; Amusement centres; Boat building and repair facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Commercial premises; Crematoria; Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition villages; Extractive industries; Feedlots; Freight transport facilities; Function centres; Heavy industrial storage establishments; Highway service centres; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Mortuaries; Passenger transport facilities; Places of public worship; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Service stations; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Water recreation structures; Wharf or boating facilities; Wholesale supplies
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Nil
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Roads
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 provide for active and passive recreation areas.
Nil
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Depots; Electricity generating works; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Sewerage systems; Take away food and drink premises; Water recreation structures; Water supply systems; Wharf or boating facilities
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 provide for active and passive recreation areas.
Nil
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and tourism boating facilities; Community facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Hotel or motel accommodation; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Sewerage systems; Signage; Water supply systems; Wharf or boating facilities
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.
• To support the health and well-being of residents, workers and visitors by providing opportunities for people to engage with nature.
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 support the health and well-being of residents, workers and visitors by providing opportunities for people to engage with nature.
Nil
Environmental facilities; Environmental protection works; Information and education facilities; Oyster aquaculture; Roads; Water recreation structures; Water supply systems
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 station; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To maintain existing significant stands of native vegetation and wildlife corridors.
• To ensure land degradation and soil disturbance are minimised.
• To support the health and well-being of residents, workers and visitors by providing opportunities for people to engage with nature.
• To provide for tourist land uses in connection with environmental uses of land.
Dairy (pasture-based); Home occupations
Bee keeping; Camping grounds; Dwelling houses; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Markets; Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Tank-based aquaculture; Water recreation structures; Water supply systems
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
• To provide for a limited range of rural land uses that do not have an adverse effect on surrounding land uses.
• To support the health and well-being of residents, workers and visitors by providing opportunities for people to engage with nature.
• To provide for tourist land uses in connection with environmental, scenic or agricultural uses of land.
Extensive agriculture; Home occupations
Agritourism; Camping grounds; Cellar door premises; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Function centres; Helipads; Home-based child care; Home businesses; Home industries; Home occupations (sex services); Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Sewerage systems; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Viticulture; Water recreation structures; Water supply systems
Biosolids treatment facilities; Hotel or motel accommodation; Industries; Local distribution premises; Service stations; Serviced apartments; Sewage treatment plants; 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 provide for suitable lot sizes,
(b) to ensure that the subdivision of land is compatible with the landscape and environmental constraints of the land.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
Despite subclause (3), the size of any lot resulting from a subdivision of land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential that is not serviced by a reticulated sewerage scheme must not be less than 975 square metres.
The objectives of this clause are as follows—
(a) to ensure that community title schemes comply with the Council’s minimum lot sizes,
(b) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R2 Low Density Residential,
(e) Zone R3 Medium Density Residential,
(f) Zone R5 Large Lot Residential,
(g) Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
This clause applies to land within Zone R2 Low Density Residential or Zone R3 Medium Density Residential that contains an existing dual occupancy.
Clause 4.1 does not apply to the subdivision of land to which this clause applies if the size of the land to be subdivided is at least—
(a) in the case of a dual occupancy (attached)—800 square metres, or
(b) in the case of a dual occupancy (detached)—975 square metres.
The objective of this clause is to ensure that certain land within Zone C4 Environmental Living is not subdivided to significantly increase the density of development on the land.
This clause applies to land zoned C4 Environmental Living and identified as “Original holdings” on the Original Holdings Map.
Despite clause 4.1, development consent must not be granted for the subdivision of land to which this clause applies if the total number of lots comprising the land will exceed 1 lot per 4 hectares as a result of the subdivision.
In this clause,
This clause applies to land in the following zones—
(a) Zone R2 Low Density Residential,
(b) Zone R3 Medium Density Residential,
(c) Zone MU1 Mixed Use.
Development consent may be granted to development for the purpose of a dual occupancy (attached) on a lot only if the size of the lot is—
(a) equal to or greater than 800 square metres, and
(b) equal to or less than 1,400 square metres.
Development consent may be granted to development for the purpose of a dual occupancy (detached) on a lot only if the size of the lot is—
(a) equal to or greater than 975 square metres, and
(b) equal to or less than 1,400 square metres.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include Zone RU6 Transition.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dwelling houses in residential, rural and conservation zones,
(c) to protect and manage areas of high ecological and scenic landscape value by preventing dwelling houses on parcels of a size that may have those values damaged by such development,
(d) to maintain existing development opportunities by providing certainty about the area of land required for the erection of a dwelling house,
(e) to control rural residential density affected by historical subdivision patterns in Zone R5 Large Lot Residential.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone C3 Environmental Management,
(f) Zone C4 Environmental Living.
Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land is—
(a) a lot that is at least the minimum lot size specified for that land by the Lot Size Map, or
(b) a lot created before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or
(c) a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement.
Despite subclause (3), development consent may be granted for the erection of a dwelling house on land to which this clause applies if—
(a) there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house, or
(b) the land would have been a lot referred to in subclause (3) had it not been affected by—
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.
The objective of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land but the objectives of the relevant zone can be achieved.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone R5 Large Lot Residential,
(e) Zone C4 Environmental Living.
Despite clause 4.1, development consent may be granted to subdivide land to which this clause applies by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land, if the consent authority is satisfied that—
(a) the subdivision will not create additional lots, and
(b) the number of dwellings or opportunities for dwellings on each lot after the subdivision will be the same as before the subdivision, and
(c) the subdivision is appropriate, having regard to the natural and physical constraints affecting the land, and
(d) the subdivision will not adversely affect the provision of existing services on a lot, and
(e) the subdivision will not result in any increased fire risk to existing buildings, and
(f) the subdivision will not adversely affect threatened species or ecological communities or native vegetation corridors.
This clause does not apply—
(a) in relation to the subdivision of individual lots in a strata plan or a community title scheme, or
(b) if the subdivision would create a lot that can itself be subdivided in accordance with clause 4.1.
The objectives of this clause are as follows—
(a) to minimise the impact of new development on neighbouring properties and the streetscape with regard to bulk, overshadowing, privacy and views,
(b) to maintain a size and scale of development that is compatible with the existing and emerging character of the locality,
(c) to ensure that the height of buildings is compatible with the landscape and environmental constraints of the land.
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.
[Not adopted]
[Not adopted]
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 Zone RU3 Forestry or Zone RU6 Transition.
(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 4.1B or 6.2.
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 E1 Local Centre and marked “Car park” | Council |
Zone SP2 Infrastructure and marked “Local road” | 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 that 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” | Earthworks; Recreation areas |
Zone RE1 Public Recreation and marked “Regional open space” | Earthworks; Recreation areas |
Zone SP2 Infrastructure and marked “Classified road” | Earthworks; Roads |
Zone SP2 Infrastructure and marked “Local road” | Earthworks; Roads |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Uses authorised under the National Parks and Wildlife Act 1974 |
Zone E1 Local Centre and marked “Car park” | Earthworks; 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.
The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
This clause does not apply to—
(a) land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(ab) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU4 Primary Production Small Lots, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R5 Large Lot Residential, Zone E1 Local Centre, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone MU1 Mixed Use, Zone RE2 Private Recreation or Zone C4 Environmental Living, or
(b) land within the coastal zone, or
(c) land proposed to be developed for the purpose of sex services or restricted premises.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
This clause does not prescribe a development standard that may be varied under this Plan.
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 5 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 50 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 50 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) 43% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b) 400 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 12 bedrooms in buildings.
If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.
If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 400 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 75 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) 25% 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) 43% of the gross floor area of the industry, or
(b) 400 square metres,
whichever is the lesser.
[Not adopted]
The objectives of this clause are as follows—
(a) to encourage interesting architectural roof forms by providing for features that may exceed the building height limits set out for particular land, and
(b) to ensure that the majority of the roof features are contained within those building height limits.
Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a) the architectural roof feature—
(i) comprises a decorative element on the uppermost portion of a building, and
(ii) is not an advertising structure, and
(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv) will cause minimal overshadowing, and
(b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
[Not applicable]
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,
(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
Development to which subclause (2) applies is complying development if it consists only of—
(a) internal alterations to a building, or
(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
In this clause—
The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
This clause applies to land in the following zones—
(a) a rural zone,
(b) a residential zone,
(c) a mixed use zone,
Serviced apartments are a type of
(a) pipelines and tunnels, and
(b) pumping stations, and
(c) dosing facilities, and
(d) odour control works, and
(e) sewage overflow structures, and
(f) vent stacks.
Sewage reticulation systems are a type of
Sewage treatment plants are a type of
(a) biosolids treatment facility,
(b) sewage reticulation system,
(c) sewage treatment plant,
(d) water recycling facility,
(e) a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
Shops are a type of
Shop top housing is a type of
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
but does not include a traffic sign or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
Small bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
Take away food and drink premises are a type of
Tank-based aquaculture is a type of
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
The term is defined as follows—
Timber yards are a type of
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include—
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Wollondilly Local Environmental Plan 2011 (85). LW 23.2.2011. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
(102) | Standard Instrument (Local Environmental Plans) Amendment Order 2011. LW 25.2.2011. Date of commencement of Sch 2, 25.6.2011, Standard Instrument (Local Environmental Plans) Order 2006 (155), cl 9 (1). | |
(258) | Wollondilly Local Environmental Plan 2011 (Amendment No 1). LW 27.5.2011. Date of commencement, on publication on LW, cl 2. | |
(362) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2. | |
(363) | State Environmental Planning Policy Amendment (Standard Instrument) 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2. | |
No 41 | Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. | |
(97) | Wollondilly Local Environmental Plan 2011 (Amendment No 2). LW 9.3.2012. Date of commencement, on publication on LW, cl 2. | |
(506) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2. | |
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. | |
(392) | Wollondilly Local Environmental Plan 2011 (Amendment No 4). LW 24.7.2013. Date of commencement, on publication on LW, cl 2. | |
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. | ||
(716) | Wollondilly Local Environmental Plan 2011 (Amendment No 6). LW 20.12.2013. Date of commencement, on publication on LW, cl 2. | |
(757) | Wollondilly Local Environmental Plan 2011 (Amendment No 7). LW 23.12.2013. Date of commencement, on publication on LW, cl 2. | |
(19) | Wollondilly Local Environmental Plan 2011 (Amendment No 3). LW 31.1.2014. Date of commencement, on publication on LW, cl 2. | |
(40) | Wollondilly Local Environmental Plan 2011 (Amendment No 8). LW 7.2.2014. Date of commencement, on publication on LW, cl 2. | |
(156) | Wollondilly Local Environmental Plan 2011 (Amendment No 9). LW 28.3.2014. Date of commencement, on publication on LW, cl 2. | |
(266) | Wollondilly Local Environmental Plan 2011 (Amendment No 5). LW 16.5.2014. 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. | |
(432) | Wollondilly Local Environmental Plan 2011 (Amendment No 11). LW 4.7.2014. Date of commencement, on publication on LW, cl 2. | |
(494) | Wollondilly Local Environmental Plan 2011 (Amendment No 10). 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. | |
No 74 | Water NSW Act 2014. Assented to 11.11.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (839) LW 19.12.2014. | |
(779) | Wollondilly Local Environmental Plan 2011 (Amendment No 13). LW 5.12.2014. Date of commencement, on publication on LW, cl 2. | |
(309) | Wollondilly Local Environmental Plan 2011 (Amendment No 12). LW 19.6.2015. Date of commencement, on 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). | |
(540) | Wollondilly Local Environmental Plan 2011 (Amendment No 15). LW 4.9.2015. Date of commencement, on publication on LW, cl 2. | |
(598) | Wollondilly Local Environmental Plan 2011 (Amendment No 14). LW 2.10.2015. Date of commencement, on publication on LW, cl 2. | |
(684) | Wollondilly Local Environmental Plan 2011 (Amendment No 18). LW 6.11.2015. Date of commencement, on publication on LW, cl 2. | |
(730) | Wollondilly Local Environmental Plan 2011 (Amendment No 16). LW 27.11.2015. 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. | |
(124) | Wollondilly Local Environmental Plan 2011 (Amendment No 19). LW 11.3.2016. 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. | |
(141) | Wollondilly Local Environmental Plan 2011 (Amendment No 20). LW 18.3.2016. Date of commencement, on publication on LW, cl 2. | |
(167) | Local Environmental Plan (Greater Sydney LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2. | |
(272) | Wollondilly Local Environmental Plan 2011 (Amendment No 21). LW 27.5.2016. Date of commencement, on publication on LW, cl 2. | |
(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. | |
(527) | Wollondilly Local Environmental Plan 2011 (Amendment No 22). LW 19.8.2016. Date of commencement, on publication on LW, cl 2. | |
(93) | Wollondilly Local Environmental Plan 2011 (Amendment No 24). LW 17.3.2017. Date of commencement, on publication on LW, cl 2. | |
(138) | Wollondilly Local Environmental Plan 2011 (Amendment No 23). LW 7.4.2017. Date of commencement, on publication on LW, cl 2. | |
(370) | Wollondilly Local Environmental Plan 2011 (Amendment No 25). LW 21.7.2017. 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. | |
(576) | Wollondilly Local Environmental Plan 2011 (Amendment No 26). LW 18.10.2017. Date of commencement, on publication on LW, cl 2. | |
(75) | Wollondilly Local Environmental Plan 2011 (Amendment No 27). LW 2.3.2018. 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. | |
(146) | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (South East Wilton Precinct) 2018. LW 13.4.2018. 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. | |
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. | |
(383) | Wollondilly Local Environmental Plan 2011 (Amendment No 29). LW 13.7.2018. Date of commencement, on publication on LW, cl 2. | |
(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. | |
(437) | Wollondilly Local Environmental Plan 2011 (Amendment No 31). LW 10.8.2018. 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 1.1, 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. | |
(650) | State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (North Wilton Precinct) 2018. LW 20.11.2018. Date of commencement, on publication on LW, cl 2. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(766) | Wollondilly Local Environmental Plan 2011 (Amendment No 28). LW 21.12.2018. Date of commencement, on publication on LW, cl 2. | |
(772) | Wollondilly Local Environmental Plan 2011 (Amendment No 32). LW 21.12.2018. Date of commencement, on publication on LW, 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. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(471) | Wollondilly Local Environmental Plan 2011 (Amendment No 33). LW 20.9.2019. Date of commencement, on publication on LW, cl 2. | |
(580) | Wollondilly Local Environmental Plan 2011 (Amendment No 37). LW 29.11.2019. 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 Sch 5, 15.1.2020, cl 2(1). | |
(135) | Wollondilly Local Environmental Plan 2011 (Amendment No 36). LW 3.4.2020. Date of commencement, on publication on LW, cl 2. | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(195) | Wollondilly Local Environmental Plan 2011 (Amendment No 35). LW 8.5.2020. Date of commencement, on publication on LW, cl 2. | |
(608) | Wollondilly Local Environmental Plan 2011 (Amendment No 38). LW 9.10.2020. 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. | |
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. | |
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. | |
(145) | Wollondilly Local Environmental Plan 2011 (Amendment No 40). LW 26.3.2021. Date of commencement, on publication on LW, cl 2. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(613) | Wollondilly Local Environmental Plan 2011 (Amendment No 42). LW 15.10.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(314) | State Environmental Planning Policy Amendment (Local Distribution Premises) 2022. LW 24.6.2022. Date of commencement, 30.6.2022, sec 2. | |
(461) | State Environmental Planning Policy (Biodiversity and Conservation) Amendment (Strategic Conservation Planning) 2022. LW 17.8.2022. Date of commencement, on publication on LW, sec 2(1). | |
(554) | Wollondilly Local Environmental Plan 2011 (Amendment No 43). LW 16.9.2022. 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. | |
(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. | |
(857) | State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by Inner West Local Environmental Plan Amendment (Land Use Zones) 2022 (856). LW 16.12.2022. Date of commencement, immediately before the commencement of State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 (i.e. on publication on LW), cl 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. Sch 1.9[8] was not commenced and was repealed by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82), Sch 1.6[17]. | |
(370) | Wollondilly Local Environmental Plan 2011 (Amendment No 45). LW 30.6.2023. Date of commencement of Sch 2(a), 15.12.2023, cl 2. | |
(389) | Wollondilly Local Environmental Plan 2011 (Amendment No 44). LW 7.7.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, 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. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. | |
(598) | Wollondilly Local Environmental Plan 2011 (Amendment No 48). LW 31.10.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2021 (145), Sch 1[1]. |
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2020 (195), cl 3(1); 2021 (145), Sch 1[2]. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2014 (19), Sch 1 [1]; 2014 (156), Sch 1 [1]; 2022 (857), Sch 1.9[1] [2]. |
Land Use Table | Am 2011 (363), Sch 28 [1]–[22]; 2014 (19), Sch 1 [2]; 2014 (156), Sch 1 [2]; 2016 (167), Sch 1 [2]; 2017 (493), Sch 1.1 [1] [2]; 2018 (383) cl 4 (1); 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2021 (145), Sch 1[3]–[7]; 2022 (314), Sch 1; 2022 (554), Sch 1[1]–[14]; 2022 (857), Sch 1.9[3] (am 2023 (82), Sch 1.6[16]) [4]; 2023 (389), Sch 1[1]–[11]; 2023 (458), Sch 2.87. |
Cl 4.1AA | Ins 2011 (363), Sch 28 [23]. Subst 2018 (75), Sch 1 [1]. Am 2022 (857), Sch 1.9[5]. |
4.1B | Am 2021 (145), Sch 1[8]; 2022 (857), Sch 1.9[5]. |
4.1C | Ins 2020 (195), cl 3(2). Am 2022 (857), Sch 1.9[6]. |
Cl 4.2A | Am 2011 (363), Sch 28 [24]; 2022 (857), Sch 1.9[5] [7] [9]. |
Cl 4.2B | Ins 2018 (75), Sch 1 [2]; 2022 (857), Sch 1.9[5] [7]. |
Cl 4.6 | Am 2023 (554), Sch 2.42[1]. |
Cl 5.1 | Am 2022 (857), Sch 1.9[10]. |
Cl 5.1A | Am 2022 (857), Sch 1.9[10] [11]. |
Cl 5.3 | Am 2011 (363), Sch 28 [24] [25]; 2022 (857), Sch 1.9[5] [12]. |
Cl 5.4 | Am 2011 (363), Sch 28 [26] [27]; 2018 (406), Sch 1.154 [1] [2]; 2023 (389), Sch 1[12] [13]. |
Cl 5.9 | Am 2011 (363), Sch 28 [28]Ins 2021 (302), Sch 1.36. Am 2022 (857), Sch 1.9[13]. |
Cl 5.13 | Ins 2011 (363), Sch 28 [29]. Am 2022 (554), Sch 1[15]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 5.24 | Subst 2023 (458), Sch 1[4]. |
Cl 5.25 | Subst 2023 (458), Sch 1[4]. |
Cl 6.1 | Am 2011 (363), Sch 28 [30]; 2014 (19), Sch 1 [3]; 2019 (621), Sch 5[5]. Rep 2023 (554), Sch 2.42[2]. |
Cl 6.3 | Am 2014 No 74, Sch 3.51 [1] [2]. |
Cl 7.1 | Am 2018 (383), cl 4 (2). |
Cl 7.4 | Rep 2021 (225), Sch 1. |
Cl 7.6 | Ins 2015 (730), Sch 1 [1]. |
Cl 7.7 | Ins 2018 (766), Sch 1 [1]. |
Cl 7.8 | Ins 2020 (608), Sch 1. Am 2022 (416), Sch 2.5. |
Cll 7.9, 7.10 | Ins 2021 (145), Sch 1[9]. |
Cl 7.11 | Ins 2022 (554), Sch 1[16]. |
Cl 7.12 | Ins 2022 (554), Sch 1[16]. |
Cl 7.13 | Ins 2022 (554), Sch 1[16]. Am 2022 (857), Sch 1.9[14A] (ins 2023 (82), Sch 1.6[18]) [15]. |
Cl 7.14 | Ins 2022 (857), Sch 1.9[14]. |
Cl 7.15 | Ins 2023 (389), Sch 1[14]. |
Cl 7.16 | Ins 2023 (389), Sch 1[14]. |
Sch 1 | Am 2011 (363), Sch 28 [31] [32]; 2017 (93), cl 5; 2018 (766), Sch 1 [2]. |
Sch 2 | Am 2011 (363), Sch 28 [33]; 2022 (554), Sch 1[17]; 2022 (857), Sch 1.9[16]; 2023 (389), Sch 1[15]. |
Sch 4 | Am 2011 (258), cl 4 (1) (2); 2014 (19), Sch 1 [4]. |
Sch 5 | Am 2014 (19), Sch 1 [5]; 2014 (266), cl 5; 2015 (540), cl 5; 2016 (527), cl 5; 2018 (772), cl 5 (1) (2); 2021 (613), Sch 1[1] [2]; 2023 (370), Sch 2; 2025 (598), Sch 1. |
Dictionary | Am 2014 (19), Sch 1 [6]; 2015 (730), Sch 1 [2]; 2018 (766), Sch 1 [3]; 2021 (145), Sch 1[10]; 2023 (554), Sch 2.42[3]. |
Maps | Am 2012 (97), cl 4; 2013 (392), cl 4; 2013 (716), cl 4; 2013 (757), cl 4; 2014 (19), cl 4; 2014 (40), cl 4; 2014 (156), cl 4; 2014 (266), cl 4; 2014 (432), cl 4; 2014 (494), cl 4; 2014 (779), cl 4; 2015 (309), cl 4; 2015 (598), cl 4; 2015 (684), cl 4; 2015 (730), cl 4; 2016 (124), cl 4; 2016 (141), cl 4; 2016 (272), cl 4; 2016 (527), cl 4; 2017 (93), cl 4; 2017 (138), cl 4; 2017 (370), cl 4; 2017 (576), cl 4; 2018 (146), cl 3; 2018 (437), cl 4; 2018 (650); 2018 (766), cl 4; 2018 (772), cl 4; 2019 (471), cl 4; 2019 (580), cl 4; 2020 (135), cl 4; 2020 (608), cl 4; 2021 (145), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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