Woollahra Local Environmental Plan 2014 (NSW)

Part 1Preliminary1.1Name of Plan

This Plan is Woollahra Local Environmental Plan 2014.

1.1AACommencement

This Plan commences 4 months after it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in Woollahra in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

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 ensure that growth occurs in a planned and co-ordinated way,

• (b)

  to promote the management, development, conservation and economic use of property,

• (c)

  to provide for an appropriate balance and distribution of land for commercial, retail, residential and tourist development and for recreation, open space, entertainment and community facilities,

• (d)

  to provide greater population densities in and around centres that are well serviced by public transport,

• (e)

  to facilitate opportunities, in suitable locations, for diversity in dwelling density and type,

• (f)

  to conserve and enhance built and natural environmental heritage,

• (g)

  to protect and enhance amenity and the natural environment,

• (h)

  to minimise and manage stormwater and flooding impacts,

• (i)

  to protect and promote public access to and along the foreshores,

• (j)

  to promote a high standard of design in the private and public domain,

• (k)

  to minimise and manage traffic and parking impacts,

• (l)

  to ensure development achieves the desired future character of the area,

• (m)

  to minimise excavation and manage impacts, including the potential impact of construction dewatering,

• (n)

  to encourage the retention and planting of trees and other vegetation as part of development and minimise the urban heat island effect,

• (o)

  to mitigate the effects of climate change.

cl 1.2: Am 2022 (536), Sch 1[1]; 2023 (396), Sch 1[1]–[3].

1.3Land to which Plan applies

This Plan applies to the land identified on the Land Application Map.

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

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.

(1AA)

(Repealed)

(2)

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.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

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.

Note.

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.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

• •

  Woollahra Local Environmental Plan 1995

(2)

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.

1.8ASavings provisions relating to development applications(1)

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.

(2)

The amendments made to this plan by Woollahra Local Environmental Plan 2014 (Amendment No 33), other than new clause 6.10, do not apply to a development application made, but not finally determined, before the commencement of the amendments.

cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (396), Sch 1[4]–[6].

1.9Application of SEPPs(1)

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.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

1.9ASuspension of covenants, agreements and instruments(1)

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.

(2)

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.

(3)

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

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

• •Residential Zones

  R2 Low Density Residential

  R3 Medium Density Residential

• •Employment Zones

  E1 Local Centre

• •Mixed Use Zones

  MU1 Mixed Use

• •Special Purpose Zones

  SP2 Infrastructure

  SP3 Tourist

• •Recreation Zones

  RE1 Public Recreation

  RE2 Private Recreation

• •Conservation Zones

  C1 National Parks and Nature Reserves

  C2 Environmental Conservation

cl 2.1: Am 2022 (857), Sch 1.11[1].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

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.

(2)

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.

(3)

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.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

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.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

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.

2.5Additional permitted uses for particular land(1)

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.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

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 complying development.

(2)

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.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

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.

2.8Temporary use of land(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

• (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.

(3)

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.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

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

Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2019 (621), Sch 3; 2022 (857), Sch 1.11[2] (am 2023 (82), Sch 1.6[23]); 2023 (396), Sch 1[7] [8].

Zone R2Low Density Residential1Objectives of zone

• •

  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 provide for development that is compatible with the character and amenity of the surrounding neighbourhood.

• •

  To ensure that development is of a height and scale that achieves the desired future character of the neighbourhood.

• •

  To ensure development conserves and enhances tree canopy cover.

2Permitted without consent

Home occupations; Roads

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Business premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Group homes; Home occupations (sex services); Information and education facilities; Office premises; Oyster aquaculture; Pond-based aquaculture; Public administration buildings; Recreation areas; Respite day care centres; Secondary dwellings; Semi-detached dwellings; Shops; Tank-based aquaculture

4Prohibited

Any development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone

• •

  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 ensure that development is of a height and scale that achieves the desired future character of the neighbourhood.

• •

  To ensure development conserves and enhances tree canopy cover.

2Permitted without consent

Roads

3Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental protection works; Group homes; Home occupations (sex services); Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shops; Tank-based aquaculture

4Prohibited

Any other development not specified in item 2 or 3

Zone E1Local Centre1Objectives of zone

• •

  To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.

• •

  To encourage investment in local commercial development that generates employment opportunities and economic growth.

• •

  To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.

• •

  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

• •

  To provide for development of a scale and type that is compatible with the amenity of the surrounding residential area.

• •

  To ensure development is of a height and scale that achieves the desired future character of the local centre.

• •

  To encourage development that is compatible with the local centre’s position in the centres hierarchy.

• •

  To ensure development provides diverse and active ground floor uses to contribute to vibrant and functional streets and public spaces.

• •

  To maximise public transport patronage and encourage walking and cycling.

• •

  To encourage the retention and planting of trees and other vegetation as part of development to minimise the urban heat island effect and to improve microclimates.

2Permitted without consent

Roads

3Permitted with consent

Amusement centres; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Home businesses; Home occupations; Home occupations (sex services); Hotel or motel accommodation; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Respite day care centres; Service stations; Serviced apartments; Sex services premises; Shop top housing; Tank-based aquaculture; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone MU1Mixed Use1Objectives of zone

• •

  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 provide for development of a scale and type that is compatible with the amenity of the surrounding residential area.

• •

  To ensure development is of a height and scale that achieves the desired future character of the centre.

• •

  To maximise public transport patronage and encourage walking and cycling.

• •

  To encourage the retention and planting of trees and other vegetation as part of development to minimise the urban heat island effect and to improve microclimates.

2Permitted without consent

Roads

3Permitted with consent

Amusement centres; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Function centres; Home occupations (sex services); 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; Service stations; Sex services premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone

• •

  To provide for infrastructure and related uses.

• •

  To prevent development that is not compatible with or that may detract from the provision of infrastructure.

• •

  To encourage the retention and planting of trees and other vegetation as part of development to minimise the urban heat island effect and to improve microclimates.

2Permitted without consent

Roads

3Permitted with consent

Aquaculture; Community facilities; Environmental protection works; Recreation areas; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP3Tourist1Objectives of zone

• •

  To provide for a variety of tourist-oriented development and related uses.

• •

  To provide for development of a scale and type that is compatible with the amenity of the surrounding residential area.

• •

  To maintain public access along the foreshore.

• •

  To ensure that development achieves the desired future character of the neighbourhood.

• •

  To encourage the retention and planting of trees and other vegetation as part of development to minimise the urban heat island effect and to improve microclimates.

2Permitted without consent

Roads

3Permitted with consent

Aquaculture; Building identification signs; Business identification signs; Car parks; Dwelling houses; Environmental facilities; Environmental protection works; Food and drink premises; Function centres; Information and education facilities; Kiosks; Tourist and visitor accommodation

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone

• •

  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.

2Permitted without consent

Environmental facilities; Environmental protection works

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Information and education facilities; Jetties; Kiosks; Marinas; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone

• •

  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 encourage the retention and planting of trees and other vegetation as part of development to minimise the urban heat island effect and to improve microclimates.

2Permitted without consent

Nil

3Permitted with consent

Aquaculture; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads

4Prohibited

Any development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone

• •

  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.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone

• •

  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.

2Permitted without consent

Environmental protection works

3Permitted with consent

Environmental facilities; Oyster aquaculture

4Prohibited

Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

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.

Note.

See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

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.

(4)

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.

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally sensitive areas excluded(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

• (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.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

• (a)

  to establish a minimum subdivision lot size that is consistent with the desired future character of the neighbourhood,

• (b)

  to ensure that lot sizes support development envisaged under this Plan,

• (c)

  to ensure that lots have a minimum size to retain or enhance amenity by providing useable areas for building and landscaping,

• (d)

  to identify locations suitable for increased development density,

• (e)

  to ensure that development complies with the desired future character of the area.

(2)

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.

(3)

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.

(3A)

If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.

(4)

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.

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

• (a)

  to ensure that community title schemes comply with Council’s minimum lot sizes,

• (b)

  to establish a minimum subdivision lot size for community title subdivision that is consistent with the desired future character of the neighbourhood.

(2)

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 R2 Low Density Residential,

• (b)

  Zone R3 Medium Density Residential,

but does not apply to a subdivision by the registration of a strata plan.

(3)

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.

(4)

This clause applies despite clause 4.1.

4.1AMinimum lot sizes for dual occupancies, manor houses, multi dwelling housing and residential flat buildings(1)

The objective of this clause is to achieve planned residential density in certain zones consistent with the desired future character of the neighbourhood.

(2)

Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table.

Column 1	Column 2	Column 3
Dual occupancy (attached)	Zone R2 Low Density Residential	460 square metres
Dual occupancy (detached)	Zone R2 Low Density Residential	930 square metres
Dual occupancy (attached)	Zone R3 Medium Density Residential	460 square metres
Dual occupancy (detached)	Zone R3 Medium Density Residential	460 square metres
Manor house	Zone R3 Medium Density Residential	700 square metres
Multi dwelling housing	Zone R3 Medium Density Residential	700 square metres
Multi dwelling housing (terraces)	Zone R3 Medium Density Residential	700 square metres
Residential flat building	Zone R3 Medium Density Residential	700 square metres

cl 4.1A: Am 2020 (331), Sch 2.5[1] [2].

4.1BExceptions to minimum subdivision lot sizes for certain residential development(1)

The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

(2)

This clause applies to development on land in Zone R3 Medium Density Residential.

(3)

Development consent may be granted to a single development application for development to which this clause applies that is—

• (a)

  the subdivision of land into 3 or more lots, and

• (b)

  the erection of a dwelling house, an attached dwelling or a semi-detached dwelling on each lot resulting from the subdivision, if the size of each lot is equal to or greater than—

  • (i)

    for the erection of a dwelling house—230 square metres, or

  • (ii)

    for the erection of an attached dwelling—230 square metres, or

  • (iii)

    for the erection of a semi-detached dwelling—230 square metres.

4.2Rural subdivision

[Not applicable]

4.3Height of buildings(1)

The objectives of this clause are as follows—

• (a)

  to establish building heights that are consistent with the desired future character of the neighbourhood,

• (b)

  to establish a transition in scale between zones to protect local amenity,

• (c)

  to minimise the loss of solar access to existing buildings and open space,

• (d)

  to minimise the impacts of new development on adjoining or nearby properties from disruption of views, loss of privacy, overshadowing or visual intrusion,

• (e)

  to protect the amenity of the public domain by providing public views of the harbour and surrounding areas.

(2)

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.

(2A)

Despite subclause (2) and clause 4.3A, the maximum height of a dwelling house, dual occupancy or semi-detached dwelling on land in Zone R3 Medium Density Residential is 9.5 metres.

(2B)

Despite subclause (2) and clause 4.3A, the maximum height of a building on a battle-axe lot on land in Zone R3 Medium Density Residential is 9.5 metres.

4.3AExceptions to building heights (Areas A–H)(1)

The objectives of this clause are as follows—

• (a)

  to ensure new development is consistent with the desired future character of the neighbourhood,

• (b)

  to ensure new development is consistent with the surrounding buildings and the streetscape,

• (c)

  to protect views and vistas that are in the public domain.

(2)

This clause applies to land identified as “Area A”, “Area B”, “Area C”, “Area D”, “Area E”, “Area F”, “Area G” and “Area H” on the Height of Buildings Map.

(3)

Despite clause 4.3, the height of a building on land to which this clause applies, in an Area indicated in Column 1 of the table to this clause, at the highest part of the land (exclusive of any access handles), must not exceed the height shown opposite that Area in column 2.

Column 1	Column 2
Area A	3.0 metres
Area B	4.0 metres
Area C	6.5 metres
Area D	7.5 metres
Area E	8.0 metres
Area F	10.5 metres
Area G	11 metres
Area H	14 metres

4.3BExceptions to building heights (Area I—White City Tennis Club)(1)

The objectives of this clause are as follows—

• (a)

  to retain views from Glenmore Road over certain land surrounding White City Tennis Club,

• (b)

  to permit a greater maximum building height on part of that land, subject to certain criteria,

• (c)

  to protect the visual privacy and amenity of nearby residences,

• (d)

  to conserve and recognise the heritage significance of the existing centre courts.

(2)

Despite clause 4.3, the maximum height of a building on the land identified as “Area I” on the Height of Buildings Map is 11.5 metres if—

• (a)

  the building is located on the western side of the centre courts, and

• (b)

  the consent authority is satisfied that the development does not affect view lines from Glenmore Road, and

• (c)

  the building maintains the heritage significance of White City Tennis Club.

4.3CExceptions to building heights (Area K—252–254 New South Head Road, Double Bay)(1)

The objectives of this clause are as follows—

• (a)

  to ensure new development is consistent with the desired future character of the neighbourhood, surrounding buildings and the streetscape,

• (b)

  to protect the visual privacy and amenity of nearby residences,

• (c)

  to protect views and vistas that are in the public domain.

(2)

This clause applies to land identified as “Area K” on the Height of Buildings Map.

(3)

Despite clause 4.3, the height of a building on land to which this clause applies must not be more than RL 45.90m if the building is within 11m of—

• (a)

  the southern boundary of the land, adjoining the driveway of SP 4585, 248–250 New South Head Road, or

• (b)

  the south-eastern boundary of the land, adjoining New South Head Road.

cl 4.3C: Ins 2022 (855), Sch 1[1].

4.4Floor space ratio(1)

The objectives of this clause are as follows—

• (a)

  for development in Zone R3 Medium Density Residential—

  • (i)

    to ensure the bulk and scale of new development is compatible with the desired future character of the area, and

  • (ii)

    to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain, and

  • (iii)

    to ensure that development allows adequate provision on the land for deep soil planting, tree canopy cover and areas of private open space,

• (b)

  for buildings in Zone E1 Local Centre and Zone MU1 Mixed Use—to ensure that buildings are compatible with the desired future character of the area in terms of bulk and scale.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(2A)

(Repealed)

cl 4.4: Am 2022 (857), Sch 1.11[3]; 2023 (396), Sch 1[9] [10].

4.4AExceptions to floor space ratio (Areas 1 and 1A—Double Bay)(1)

The objective of this clause is to encourage the development of prominent corner buildings in Double Bay.

(2)

This clause applies to land identified as “Area 1” and “Area 1A” on the Floor Space Ratio Map.

(3)

Despite clause 4.4, development consent may be granted to development on land to which this clause applies that results in a floor space ratio that does not exceed—

• (a)

  in respect of Area 1—3:1, or

• (b)

  in respect of Area 1A—4.5:1,

if the consent authority is satisfied that the development will be compatible with the desired future character of the zone in terms of building bulk and scale.

cl 4.4A: Subst 2017 (575), cl 5.

4.4BExceptions to floor space ratio (Areas 2 and 3—selected Zone E1 and Zone MU1 centres)(1)

The objective of this clause is to encourage the development of prominent corner buildings on certain land.

(2)

This clause applies to land identified as “Area 2” on the Floor Space Ratio Map.

(3)

Despite clause 4.4, development consent may be granted to development on land to which this clause applies that results in a floor space ratio that does not exceed 2:1 if—

• (a)

  the consent authority is satisfied that the development will be compatible with the desired future character of the centre in terms of building bulk and scale, and

• (b)

  adjoining land in “Area 3” (as identified on the Floor Space Ratio Map) has, or will have, direct vehicular access or vehicular access via a right of way to a road.

Note.

If there is no land adjoining in “Area 3”, subclause (b) does not apply.

cl 4.4B: Am 2022 (857), Sch 1.11[4].

4.4CExceptions to height and floor space ratio (Area 4—Rose Bay)(1)

The objective of this clause is to encourage public domain improvements to link the Rose Bay centre to the foreshore of Rose Bay.

(2)

This clause applies to land identified as “Area J” on the Height of Buildings Map and “Area 4” on the Floor Space Ratio Map.

(3)

Despite clauses 4.3 and 4.4, development consent may be granted to development on land to which this clause applies that results in a floor space ratio that does not exceed 2.25:1 and a height that does not exceed 17.2 metres if—

• (a)

  the consent authority is satisfied that the public domain improvements will be compatible with the desired future character of the Rose Bay centre in terms of location, size, access and amenity, and

• (b)

  provision is made for public domain improvements within that land.

4.4DExceptions to floor space ratio (Areas 5—188 Oxford Street, Paddington)(1)

The objective of this clause is to retain the existing bulk and scale on 188 Oxford Street, Paddington.

(2)

This clause applies to land identified as “Area 5” on the Floor Space Ratio Map.

(3)

Despite clause 4.4, development consent may be granted to development on land to which this clause applies that results in a floor space ratio that does not exceed 1.04:1 if—

• (a)

  the consent authority is satisfied that the development will be compatible with any conservation plan for the land, and

• (b)

  the floor space ratio that does not exceed 1.04:1 is an aggregate for all the land to which this clause applies.

4.4EExceptions to floor space ratio—dwelling houses, dual occupancies and semi-detached dwellings in Zones R2 and R3(1)

The objectives of this clause are as follows—

• (a)

  to ensure the bulk and scale of development is compatible with the desired future character of the area,

• (b)

  to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain,

• (c)

  to ensure development makes adequate provision for deep soil planting, tree canopy cover and private open space.

(2)

This clause applies to land in the following zones—

• (a)

  Zone R2 Low Density Residential,

• (b)

  Zone R3 Medium Density Residential.

(3)

The maximum floor space ratio for a dual occupancy, dwelling house or semi-detached dwelling is—

• (a)

  for land identified as “Area 6” on the Floor Space Ratio Map—0.75:1, or

• (b)

  for other land—the floor space ratio specified for the lot size in the table to this subclause.

Lot size	Maximum floor space ratio
<150m2	1.05:1
≥150m2<200m2	0.95:1
≥200m2<250m2	0.85:1
≥250m2<300m2	0.75:1
≥300m2<350m2	0.65:1
≥350m2<400m2	0.55:1
≥400m2	0.5:1

(4)

This clause does not apply to a dual occupancy, dwelling house or semi-detached dwelling in the Paddington, Watsons Bay or Woollahra heritage conservation areas identified on the Heritage Map.

cl 4.4E: Ins 2023 (396), Sch 1[11].

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

• (a)

  to define floor space ratio,

• (b)

  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

  • (i)

    prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

  • (ii)

    prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

  • (iii)

    require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

• (a)

  if the proposed development is to be carried out on only one lot, the area of that lot, or

• (b)

  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

• (a)

  land on which the proposed development is prohibited, whether under this Plan or any other law,

• (b)

  community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

If—

• (a)

  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

• (b)

  proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6Exceptions to development standards(1)

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.

(2)

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.

(3)

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.

Note—

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).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

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.

Note.

When this Plan was made it did not include all of these zones.

(7)

(Repealed)

(8)

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.

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

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 (the owner-initiated acquisition provisions).

Note.

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.

(2)

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 R2 Low Density Residential and marked “Classified road”	Transport for NSW
Zone E1 Local Centre and marked “Local road widening”	Council
Zone MU1 Mixed Use and marked “Classified road”	Transport for NSW

(3)

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.

cl 5.1: Am 2020 No 30, Sch 4.120; 2022 (857), Sch 1.11[5] [6].

5.1ADevelopment on land intended to be acquired for public purposes(1)

The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.

(2)

This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.

(3)

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 R2 Low Density Residential and marked “Classified road”	Roads
Zone E1 Local Centre and marked “Local road widening”	Roads
Zone MU1 Mixed Use and marked “Classified road”	Roads
Zone RE1 Public Recreation and marked “Local open space”	Recreation areas
Zone RE1 Public Recreation and marked “Regional open space”	Recreation areas

cl 5.1A: Am 2022 (857), Sch 1.11[5] [7].

5.2Classification and reclassification of public land(1)

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.

Note.

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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).

Note.

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.

5.3Development near zone boundaries

[Not adopted]

5.4Controls relating to miscellaneous permissible uses(1)

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 4 bedrooms.

Note.

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.

(2)

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 75 square metres of floor area.

(3)

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 75 square metres of floor area.

(4)

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—

• (a)

  67% 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.

(5)

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.

(6)

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 25 square metres.

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 80 square metres.

(7AA)

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.

(8)

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 9 square metres.

(9)

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)

  5% of the total floor area of the principal dwelling.

(10)

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)

  67% of the gross floor area of the industry, or

• (b)

  400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.156 [1] [2]; 2023 (458), Sch 1[1].

5.5Controls relating to secondary dwellings on land in a rural zone

[Not adopted]

5.6Architectural roof features

[Not adopted]

5.7Development below mean high water mark(1)

The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.

(2)

Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

5.8Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

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.

(3)

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.

(4)

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.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

5.9Dwelling house or secondary dwelling affected by natural disaster

[Not adopted]

5.9AA

(Repealed)

5.10Heritage conservationNote.

Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

(1)

The objectives of this clause are as follows—

• (a)

  to conserve the environmental heritage of Woollahra,

• (b)

  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

• (c)

  to conserve archaeological sites,

• (d)

  to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Development consent is required for any of the following—

• (a)

  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—

  • (i)

    a heritage item,

  • (ii)

    an Aboriginal object,

  • (iii)

    a building, work, relic or tree within a heritage conservation area,

• (b)

  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

• (c)

  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

• (d)

  disturbing or excavating an Aboriginal place of heritage significance,

• (e)

  erecting a building on land—

  • (i)

    on which a heritage item is located or that is within a heritage conservation area, or

  • (ii)

    on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

• (f)

  subdividing land—

  • (i)

    on which a heritage item is located or that is within a heritage conservation area, or

  • (ii)

    on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

However, development consent under this clause is not required if—

• (a)

  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

  • (i)

    is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

  • (ii)

    would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

• (b)

  the development is in a cemetery or burial ground and the proposed development—

  • (i)

    is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

  • (ii)

    would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

• (c)

  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

• (d)

  the development is exempt development.

(4)

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

The consent authority may, before granting consent to any development—

• (a)

  on land on which a heritage item is located, or

• (b)

  on land that is within a heritage conservation area, or

• (c)

  on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6)

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

• (a)

  notify the Heritage Council of its intention to grant consent, and

• (b)

  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—

• (a)

  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

• (b)

  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—

• (a)

  notify the Heritage Council about the application, and

• (b)

  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—

• (a)

  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

• (b)

  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

• (c)

  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

• (d)

  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

• (e)

  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

5.11Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

Note.

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

5.12Infrastructure development and use of existing buildings of the Crown(1)

This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.

(2)

This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

5.13Eco-tourist facilities

[Not applicable]

5.14Siding Spring Observatory—maintaining dark sky

[Not adopted]

5.15Defence communications facility

[Not adopted]

5.16Subdivision of, or dwellings on, land in certain rural, residential or conservation zones

[Not applicable]

5.17Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations

[Not applicable]

5.18Intensive livestock agriculture

[Not applicable]

5.19Pond-based, tank-based and oyster aquaculture(1)

The objectives of this clause are as follows—

• (a)

  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,

• (b)

  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.

(2)

The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—

• (a)

  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,

• (b)

  in the case of—

  • (i)

    pond-based aquaculture in Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and

  • (ii)

    pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and

  • (iii)

    tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and

  • (iv)

    pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.

(3)

The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.

(4)

Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—

• (a)

  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and

• (b)

  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.

(5)

In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—

• (a)

  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and

• (b)

  the NSW Oyster Industry Sustainable Aquaculture Strategy.

(6)

Development for the purpose of oyster aquaculture may be carried out without development consent—

• (a)

  on land that is wholly within a priority oyster aquaculture area, or

• (b)

  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.

(7)

In this clause—

aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.

extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.

NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).

priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.

5.20Standards that cannot be used to refuse consent—playing and performing music(1)

The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

• (a)

  the playing or performance of music, including the following—

  • (i)

    the genre of music played or performed, or

  • (ii)

    whether the music played or performed is live or amplified, or

  • (iii)

    whether the music played or performed is original music, or

  • (iv)

    the number of musicians or live entertainment acts playing or performing, or

  • (v)

    the type of instruments played,

• (b)

  whether dancing occurs,

• (c)

  the presence or use of a dance floor or another area ordinarily used for dancing,

• (d)

  the direction in which a stage for players or performers faces,

• (e)

  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)

The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)

In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

5.21Flood planning(1)

The objectives of this clause are as follows—

• (a)

  to minimise the flood risk to life and property associated with the use of land,

• (b)

  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,

• (c)

  to avoid adverse or cumulative impacts on flood behaviour and the environment,

• (d)

  to enable the safe occupation and efficient evacuation of people in the event of a flood.

(2)

Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—

• (a)

  is compatible with the flood function and behaviour on the land, and

• (b)

  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and

• (c)

  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and

• (d)

  incorporates appropriate measures to manage risk to life in the event of a flood, and

• (e)

  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.

(3)

In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—

• (a)

  the impact of the development on projected changes to flood behaviour as a result of climate change,

• (b)

  the intended design and scale of buildings resulting from the development,

• (c)

  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,

• (d)

  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.

(4)

A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.

(5)

In this clause—

Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.

flood planning area has the same meaning as it has in the Flood Risk Management Manual.

Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

5.22Special flood considerations

[Not adopted]

5.23Public bushland(1)

The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—

• (a)

  preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and

• (b)

  preserving bushland as a natural stabiliser of the soil surface, and

• (c)

  preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and

• (d)

  preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and

• (e)

  mitigating disturbance caused by development.

(2)

Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.

(3)

Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—

• (a)

  the disturbance of the bushland is essential for a purpose in the public interest,

• (b)

  there is no reasonable alternative to the disturbance,

• (c)

  the development minimises the amount of bushland to be disturbed,

• (d)

  the development includes measures to remediate the disturbed bushland.

(4)

Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—

• (a)

  the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,

• (b)

  the construction, operation or maintenance of electricity or telecommunication lines,

• (c)

  bush fire hazard reduction,

• (d)

  the construction or maintenance of classified roads,

• (e)

  facilitating the recreational use of the public bushland.

(5)

Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—

• (a)

  the recreational use of the land,

• (b)

  bush fire hazard reduction,

• (c)

  the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,

• (d)

  the remediation of degraded public bushland.

(6)

This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.

(7)

In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—

• (a)

  the need to retain public bushland adjoining the site of the development,

• (b)

  the likely effect of the development on public bushland, including the following—

  • (i)

    the erosion of soil,

  • (ii)

    the siltation of streams and waterways,

  • (iii)

    the spread of weeds and non-native plants within public bushland,

• (c)

  other matters the consent authority considers relevant to the protection and preservation of public bushland.

(8)

This clause does not apply to the following land that is public bushland—

• (a)

  land in Zone RU1, RU2, RU3, RU4 or RU5,

• (b)

  land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,

• (c)

  land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,

temporary structure has the same meaning as in the Act.

Note.

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note.

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

• (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.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note.

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means—

• (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.

urban heat island effect means the effect resulting from conditions that contribute to high temperatures in urban areas, including—

• (a)

  the use of roads, car parks, pavements, roofs, walls and other hard and dark surfaces, and

• (b)

  activities that generate heat, including waste air from mechanical cooling systems, and

• (c)

  a reduction of green infrastructure.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note.

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

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

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note.

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note.

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

• (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 station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note.

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

• (a)

  retention structures, and

• (b)

  treatment works, and

• (c)

  irrigation schemes.

Note.

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note.

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note.

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

• (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 facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note.

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

• (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.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

• (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.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

Dictionary: Am 2020 (331), Sch 2.5[3]; 2021 (225), Sch 1; 2023 (396), Sch 1[13]; 2024 (160), Sch 1[2].

Maps: Am 2016 (587), cl 4; 2016 (710), cl 4; 2016 (792), cl 4; 2017 (575), cl 4; 2018 (256), cl 4; 2019 (210), cl 4; 2019 (448), cl 4; 2020 (14), cl 4; 2020 (75), cl 4; 2020 (769), cl 4; 2020 (790), cl 4; 2020 (791), cl 4; 2021 (6), cl 4; 2021 (56), cl 4; 2021 (146), cl 4; 2021 (227), cl 4; 2021 (228), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.

Historical notesTable of amending instruments

Woollahra Local Environmental Plan 2014 (2015-20). LW 23.1.2015. Date of commencement, 4 months after publication on LW, cl 1.1AA. This Plan has been amended as follows—

2015	(179)	Woollahra Local Environmental Plan 2014 (Amendment No 1). LW 17.4.2015. Date of commencement, on publication on LW, cl 2.
(296)	Woollahra Local Environmental Plan 2014 (Amendment No 2). LW 12.6.2015. 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).
No 58	Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 8.1.2016, sec 2(1).
2016	(43)	Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2.
(126)	Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. 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.
(587)	Woollahra Local Environmental Plan 2014 (Amendment No 3). LW 16.9.2016. Date of commencement, on publication on LW, cl 2.
(710)	Woollahra Local Environmental Plan 2014 (Amendment No 5). LW 25.11.2016. Date of commencement, on publication on LW, cl 2.
(792)	Woollahra Local Environmental Plan 2014 (Amendment No 4). LW 16.12.2016. Date of commencement, on publication on LW, cl 2.
2017	(426)	Woollahra Local Environmental Plan 2014 (Amendment No 6). LW 18.8.2017. 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.
(575)	Woollahra Local Environmental Plan 2014 (Amendment No 7). LW 13.10.2017. Date of commencement, on publication on LW, cl 2.
(659)	Woollahra Local Environmental Plan 2014 (Amendment No 8). LW 24.11.2017. Date of commencement, on publication on LW, cl 2.
2018	(105)	Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, 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.
(256)	Woollahra Local Environmental Plan 2014 (Amendment No 9). LW 8.6.2018. Date of commencement, on publication on LW, cl 2.
No 40	Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.
(404)	Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(405)	Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(406)	State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(477)	Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2.
No 46	Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.
(717)	Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2.
2019	(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.
(210)	Woollahra Local Environmental Plan 2014 (Amendment No 10). LW 24.5.2019. Date of commencement, on publication on LW, cl 2.
(448)	Woollahra Local Environmental Plan 2014 (Amendment No 11). LW 6.9.2019. Date of commencement, on publication on LW, cl 2.
(620)	Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2.
(621)	State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 3 and 5, 15.1.2020, cl 2(1).
2020	(14)	Woollahra Local Environmental Plan 2014 (Amendment No 12). LW 17.1.2020. Date of commencement, on publication on LW, cl 2.
(75)	Woollahra Local Environmental Plan 2014 (Amendment No 13). LW 28.2.2020. Date of commencement, on publication on LW, cl 2.
(144)	Woollahra Local Environmental Plan 2014 (Amendment No 14). LW 9.4.2020. 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.
(331)	State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Housing Diversity Code) 2020. LW 26.6.2020. Date of commencement, 1.7.2020, 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.
(769)	Woollahra Local Environmental Plan 2014 (Amendment No 15). LW 18.12.2020. Date of commencement, on publication on LW, cl 2.
(790)	Woollahra Local Environmental Plan 2014 (Amendment No 17). LW 23.12.2020. Date of commencement, on publication on LW, cl 2.
(791)	Woollahra Local Environmental Plan 2014 (Amendment No 18). LW 23.12.2020. Date of commencement, on publication on LW, cl 2.
2021	(6)	Woollahra Local Environmental Plan 2014 (Amendment No 16). LW 22.1.2021. Date of commencement, on publication on LW, cl 2.
(56)	Woollahra Local Environmental Plan 2014 (Amendment No 19). LW 12.2.2021. Date of commencement, on publication on LW, cl 2.
No 6	Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.
(146)	Woollahra Local Environmental Plan 2014 (Amendment No 20). 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.
(227)	Woollahra Local Environmental Plan 2014 (Amendment No 21). LW 14.5.2021. Date of commencement, on publication on LW, cl 2.
(228)	Woollahra Local Environmental Plan 2014 (Amendment No 22). LW 14.5.2021. Date of commencement, on publication on LW, cl 2.
(301)	Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2.
(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.
2022	(6)	Woollahra Local Environmental Plan 2014 (Amendment No 23). LW 14.1.2022. 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.
(288)	Woollahra Local Environmental Plan 2014 (Amendment No 24). LW 10.6.2022. Date of commencement, on publication on LW, cl 2.
(536)	Woollahra Local Environmental Plan 2014 (Amendment No 25). LW 2.9.2022. 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.
(615)	Woollahra Local Environmental Plan 2014 (Amendment No 27). LW 14.10.2022. Date of commencement, on publication on LW, 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.
(666)	Woollahra Local Environmental Plan 2014 (Amendment No 28). LW 4.11.2022.

Date of commencement, on publication on LW, cl 2.
(854)	Woollahra Local Environmental Plan 2014 (Amendment No 26). LW 16.12.2022. Date of commencement, on publication on LW, cl 2.
(855)	Woollahra Local Environmental Plan 2014 (Amendment No 30). LW 16.12.2022. Date of commencement, on publication on LW, cl 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. The amendment made by Sch 1.11[8] was without effect as the instrument does not contain Part 7.
2023	(131)	Woollahra Local Environmental Plan 2014 (Amendment No 32). LW 24.3.2023. Date of commencement, on publication on LW, cl 2.
(390)	Woollahra Local Environmental Plan 2014 (Amendment No 31). LW 7.7.2023. Date of commencement, on publication on LW, cl 2.
(396)	Woollahra Local Environmental Plan 2014 (Amendment No 33). LW 14.7.2023. Date of commencement, on publication on LW, cl 2.
(424)	Woollahra Local Environmental Plan 2014 (Amendment No 29). LW 28.7.2023. 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.
(608)	Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2.
2024	(84)	Woollahra Local Environmental Plan 2014 (Amendment No 34). LW 22.3.2024. Date of commencement, on publication on LW, cl 2.
(160)	Woollahra Local Environmental Plan 2014 (Amendment No 38). LW 17.5.2024. Date of commencement, on publication on LW, cl 2.
(175)	Woollahra Local Environmental Plan 2014 (Amendment No 35). LW 24.5.2024. Date of commencement, on publication on LW, cl 2.
(276)	Woollahra Local Environmental Plan 2014 (Amendment No 39). LW 28.6.2024. Date of commencement, on publication on LW, cl 2.
(312)	Woollahra Local Environmental Plan 2014 (Amendment No 36). LW 19.7.2024. Date of commencement, on publication on LW, cl 2.
(313)	Woollahra Local Environmental Plan 2014 (Amendment No 37). LW 19.7.2024. Date of commencement, on publication on LW, cl 2.
2025	(111)	Woollahra Local Environmental Plan 2014 (Amendment No 41). LW 14.3.2025. Date of commencement, on publication on LW, cl 2.
(293)	Woollahra Local Environmental Plan 2014 (Amendment No 43). LW 20.6.2025. Date of commencement, on publication on LW, cl 2.
(378)	Woollahra Local Environmental Plan 2014 (Amendment No 42). LW 25.7.2025. Date of commencement, on publication on LW, cl 2.
(511)	Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2.

Table of amendments

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 2022 (536), Sch 1[1]; 2023 (396), Sch 1[1]–[3].
Cl 1.8A	Am 2019 (621), Sch 5[1]; 2023 (396), Sch 1[4]–[6].
Cl 1.9A	Am 2019 (621), Sch 5[2]–[4].
Cl 2.1	Am 2022 (857), Sch 1.11[1].
Land Use Table	Am 2017 (493), Sch 1.1 [1] [2]; 2019 (621), Sch 3; 2022 (857), Sch 1.11[2] (am 2023 (82), Sch 1.6[23]); 2023 (396), Sch 1[7] [8].
Cl 4.1A	Am 2020 (331), Sch 2.5[1] [2].
Cl 4.3C	Ins 2022 (855), Sch 1[1].
Cl 4.4	Am 2022 (857), Sch 1.11[3]; 2023 (396), Sch 1[9] [10].
Cl 4.4A	Subst 2017 (575), cl 5.
Cl 4.4B	Am 2022 (857), Sch 1.11[4].
Cl 4.4E	Ins 2023 (396), Sch 1[11].
Cl 5.1	Am 2020 No 30, Sch 4.120; 2022 (857), Sch 1.11[5] [6].
Cl 5.1A	Am 2022 (857), Sch 1.11[5] [7].
Cl 5.4	Am 2018 (406), Sch 1.156 [1] [2]; 2023 (458), Sch 1[1].
Cl 5.23	Ins 2022 (629), Sch 2[1].
Cl 6.2	Am 2022 (536), Sch 1[2] [3].
Cl 6.3	Rep 2021 (225), Sch 1.
Cl 6.6	Subst 2015 (296), Sch 1 [1]. Am 2017 (659), cl 4.
Cl 6.7	Am 2017 (493), Sch 1.2 [1].
Cl 6.8	Ins 2022 (855), Sch 1[2].
Cl 6.9	Ins 2023 (396), Sch 1[12].
Cl 6.10	Ins 2023 (396), Sch 1[12].
Cl 6.11	Ins 2024 (160), Sch 1[1].
Cl 6.12	Ins 2025 (378), Sch 1[1].
Sch 1	Am 2015 (179), cl 4; 2017 (426), cl 4; 2018 (256), cl 5; 2025 (378), Sch 1[2].
Sch 2	Am 2015 (296), Sch 1 [2]; 2022 (288), cl 4; 2022 (857), Sch 1.11[9].
Sch 5	Am 2015 No 58, Sch 2.29; 2016 (587), cl 5; 2016 (792), cl 5; 2019 (210), cl 5; 2019 (448), cl 5; 2020 (14), cl 5; 2020 (75), cl 5; 2020 (144), cl 4; 2020 (769), cl 5; 2020 (790), cl 5; 2020 (791), Sch 1; 2021 (6), cl 5; 2021 (56), cl 5; 2021 (227), Sch 1; 2021 (228), cl 5; 2022 (6), cl 5; 2022 (615), cl 5; 2022 (666), cl 5; 2022 (854), cl 5; 2023 (131), cl 5; 2023 (390), Sch 1; 2023 (424), Sch 1[1]–[4]; 2024 (84), Sch 1; 2024 (175), Sch 1; 2024 (276), Sch 1; 2024 (312), Sch 1; 2024 (313), Sch 1; 2025 (111), Sch 1; 2025 (293), Sch 1[1] [2].
Dictionary	Am 2020 (331), Sch 2.5[3]; 2021 (225), Sch 1; 2023 (396), Sch 1[13]; 2024 (160), Sch 1[2].
Maps	Am 2016 (587), cl 4; 2016 (710), cl 4; 2016 (792), cl 4; 2017 (575), cl 4; 2018 (256), cl 4; 2019 (210), cl 4; 2019 (448), cl 4; 2020 (14), cl 4; 2020 (75), cl 4; 2020 (769), cl 4; 2020 (790), cl 4; 2020 (791), cl 4; 2021 (6), cl 4; 2021 (56), cl 4; 2021 (146), cl 4; 2021 (227), cl 4; 2021 (228), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.