New South Wales Consolidated Regulations

BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - REG 10

10 Zone objectives and development control table

(1) The objectives of each zone are set out in the Table to this clause under the heading “Objectives of the zone” appearing in the matter relating to the zone.

(2) Except as otherwise provided by this plan, in relation to land within a zone specified in the table to this clause:

(a) the development that may be carried out without development consent,

(b) the development that may be carried out only with development consent, and

(c) the development that is prohibited,

is specified under the headings “Development which may be carried out without development consent”, “Development which may be carried out only with development consent”, and “Development which is prohibited”, respectively, appearing in the matter relating to that zone.

(3) The Council may only grant consent to the carrying out of development of land to which this plan applies if the Council is of the opinion that the carrying out of the development is consistent with the primary objective of the zone in which the development is proposed to be carried out. In granting consent, the Council must take into account other relevant objectives of the plan and the zone in which the development is proposed to be carried out.

Table

Zone No 2 (a) Residential “A”

1 Objectives of the zone The primary objective is to provide for the development and use of detached dwelling-houses and semi-detached dwellings as the predominant built form, together with community and service uses of a type and scale appropriate to the enjoyment of such housing.
The secondary objectives are:

(aa) to promote detached dwelling-houses,

(a) to ensure that building form, including alterations and additions, is in character with surrounding development and does not detract from the amenity of surrounding residents or the existing quality of the environment,

(b) to allow community facilities and purposes which are compatible with residential use,

(c) to encourage the preservation and improvement of buildings which are of architectural or heritage significance,

(d) to allow certain non-residential development which provides services for residents and which is of a type and scale which does not interfere with the amenity of surrounding residential uses, and

(e) to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Development for the purpose of:

home occupations.

Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

bed and breakfast accommodation; building identification signs; business identification signs; Child care centres; community facilities; detached dwelling-houses; educational establishments; home industries; hospitals; local shops; nursing homes; places of worship; professional consulting rooms; semi-detached dwellings; subdivision; swimming pools; units for aged persons; utility installations.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 2 (b) Residential “B”

1 Objectives of the zone The primary objective is to provide for the development and use of housing, other than detached housing, in appropriate locations, together with community and service uses of a type and scale appropriate to the enjoyment of such housing.
The secondary objectives are:

(a) to provide scope for high-quality residential development in innovative forms on identified sites,

(b) to improve the quality of the residential amenity by encouraging landscaping and good design in both new developments and renovations,

(c) to encourage the revitalisation and improvement of older established residential areas by rehabilitation and suitable development,

(d) to allow non-residential development which provides services or employment for residents and which is of a type and scale which does not interfere with the amenity of surrounding residential areas,

(e) to encourage the preservation of buildings which are of heritage significance and within a heritage conservation area, and

(f) to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Development for the purpose of:

home occupations.

Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

bed and breakfast accommodation; building identification signs; business identification signs; Child care centres; community facilities; detached dwelling-houses; educational establishments; home industries; hospitals; local shops; multi unit housing; nursing homes; places of worship; professional consulting rooms; residential flat buildings; semi-detached dwellings; subdivision; swimming pools; units for aged persons; utility installations.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 3 (a) General Business

1 Objectives of the zone The primary objective is to reinforce the historical development of business and shopping locations in the local government area of Botany Bay City by providing for a range of retail, business and professional service activities which will provide services and employment opportunities for the community.
The secondary objectives are:

(a) to control the physical and functional characteristics of commercial areas in order to minimise their impact on adjoining residential areas,

(b) to ensure adequate and accessible off-street car parking is provided for users of commercial areas,

(c) to promote the vitality of commercial areas and to assist urban consolidation by permitting residential developments within commercial areas,

(d) to improve the environmental amenity of commercial areas for pedestrians and shoppers, and

(e) to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Amusement centres; automotive uses; building identification signs; business identification signs; car parking facilities; car repair stations; child care centres; clubs; commercial premises; community facilities; convenience shops or facilities; educational establishments; general advertising (other than on land located in the Botany Township heritage conservation area, as identified in Schedule 3); hotels; light industries; mixed developments; motels; motor showrooms; places of assembly; places of worship; public buildings; refreshment rooms; service stations; serviced apartments; shops; subdivision; taverns; utility installations.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 3 (b) Business-Restricted

1 Objectives of the zone The primary objective is to permit limited additional retail business opportunities in the City of Botany Bay.
The secondary objectives are:

(a) to control the physical size and characteristics of the additional business localities to minimise their impact on the economic viability of the existing retail business centres in the City of Botany Bay, and

(b) to promote the patronage of businesses in the zone, predominately by local pedestrians, where appropriate, and

(c) to encourage development that provides a positive contribution to the streetscape and public domain, and

(d) to promote the vitality of the land in the zone by permitting residential development in the zone, and

(e) to encourage energy efficiency in all forms of development in the zone, and

(f) to encourage best practice stormwater management in the zone, and

(g) to capitalise on the location of transport facilities in or near the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Building identification signs; business identification signs; car parking facilities; child care centres; commercial premises; community facilities; convenience shops or facilities; educational establishments; general advertising; hotels; motels; places of assembly; places of public worship; public buildings; recreation areas; refreshment rooms; residential flat buildings; roads; shops; taverns; utility installations; utility undertakings.

Subdivision.
Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 4 (a) Industrial

1 Objectives of the zone The primary objective is to ensure that development for industrial purposes is carried out in a manner which contributes to the economic and employment growth of the area and, in so doing, improves amenity and does not affect adversely the environment or give rise to unacceptable levels of risk in the area.
The secondary objectives are:

(a) to encourage development which does not affect adversely the efficient operation of the local and regional road system,

(b) to improve the environmental quality of the local government area by ensuring that industries conform to strict environmental and hazard reduction guidelines,

(c) to provide for retail and non-residential development which provides direct services to the industrial activities and their workforce, and

(d) to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out with development consent Development for the purpose of:

Air freight forwarders; automotive uses; building identification signs; bulk stores; bus depots; business identification signs; car repair stations; child care centres; clubs; community facilities; container terminals; convenience shops or facilities; hotels; industries; light industries; materials recycling yard; motor showrooms; motor vehicle repair workshops; places of worship; recreation facilities; refreshment rooms; retail plant nurseries; road transport terminal; service stations; subdivision; taverns; utility installations; warehouses or distribution centres.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 4 (b) Mixed Industrial

1 Objective of the zone The primary objective is to improve the environmental amenity of the locality by encouraging the upgrading and redevelopment of properties for light industrial, retail and commercial uses which would not detract from the amenity of the area by reason of the size or type of activity proposed.
The secondary objectives are:

(a) to ensure that any development which occurs is commensurate with the capacity of the road network in the vicinity,

(b) to ensure that development by the nature of its operations does not detrimentally affect the environment or the amenity of adjoining or adjacent residential premises, and

(c) to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out with development consent Development for the purpose of:

Automotive uses; building identification signs; business identification signs; car repair stations; child care centres; clubs; commercial premises; community facilities; convenience shops or facilities; high technology industries; hotels; light goods dispatch; light industries; recreation facilities; refreshment rooms; service stations; subdivision; taverns; tradespersons’ supply and service stores; utility installations; vehicle rental centres.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 4 (b1) Mixed Industrial-Restricted

1 Objectives of the zone The primary objective is to improve the environmental amenity of the locality by encouraging industrial, retail and commercial development that would assist in enhancing the redevelopment of the area and would not detract from the amenity of the area by reason of the design and function of the development proposed.
The secondary objectives are:

(a) to provide a range of compatible non-residential uses, such as industry, shops, offices, retail and studio-type workshops, and

(b) to provide scope for limited residential development, and

(c) to ensure that any non-residential development is environmentally compatible with residential development, and does not adversely affect the amenity of existing and future residential communities, and

(d) to ensure that any development that occurs is commensurate with the capacity of the existing and proposed road network in the vicinity, and

(e) to apply the principles of energy efficiency, travel demand management and other sustainable development practices as part of the development assessment process, and

(f) to encourage development that is of a high standard of design, has a high level of environmental amenity and is compatible with adjoining land uses and development, and

(g) to reduce the land use conflict between residential and non-residential uses.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Building identification signs; business identification signs; child care centres; commercial premises; community facilities; convenience shops or facilities; customs agencies; educational establishments; health care professionals’ rooms; high technology industries; landscaping works; light goods dispatch; light industry; parks and gardens; places of assembly; places of public worship; public buildings; recreation facilities; refreshment rooms; roads; studio workshops; tradespersons’ supply and service stores; utility installations; utility undertakings.

Demolition.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 4 (c1) Industrial Special-Airport Related

1 Objectives of zone The primary objective is to permit the development of a wide range of uses which have a relationship to Sydney (Kingsford-Smith) Airport.
The secondary objectives are:

(a) to encourage airport-related land uses as the dominant activity and to permit certain development with ancillary seaport-related activities,

(b) to permit industrial uses with an airport affinity,

(c) to enable development of support services (such as retail, social and recreational facilities) to a scale appropriate for the area,

(d) to ensure that the scale, design, material of construction and nature of the development, in the opinion of the Council, contributes positively to the visual amenity and the gateway function of the area,

(e) to permit general advertising structures only when they significantly enhance the environment and do not create a clutter of signages in the locality, and

(f) to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out with development consent Development for the purpose of:

Air freight forwarders; airport-related industries; airport-related land uses; building identification signs; bus depots; business identification signs; car parking facilities; child care centres; clubs; community facilities; convenience shops or facilities; customs agencies; general advertising; high technology industries; hotels; light goods dispatch; motels; places of worship; public buildings; recreation facilities; refreshment rooms; subdivision; taverns; tradespersons’ supply and service stores; utility installations; vehicle rental centres; warehouse or distribution centres.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 4 (c2) Industrial Special-Airport Related-Restricted

1 Objectives of the zone The primary objective is to provide for a wide range of development and land use activities that predominantly have a relationship with Sydney (Kingsford Smith) Airport, together with encouraging other non airport-related uses.
The secondary objectives are:

(a) to encourage airport-related land uses,

(b) to permit the development of commercial premises and non airport-related uses,

(c) to provide for industrial land uses which are related to airport-related development,

(d) to improve the appearance of buildings and works in an endeavour to enhance the gateway function of this area to Sydney (Kingsford-Smith) Airport,

(e) to prohibit some types of traffic-generating development which would adversely affect the gateway function of those major roads,

(f) to permit general advertising structures only when they significantly enhance the environment and do not create a clutter of signages in the locality, and

(g) to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Air freight forwarders; airport-related land uses; building identification signs; business identification signs; car parking facilities; child care centres; commercial premises; community facilities; convenience shops or facilities; general advertising; high technology industries; hotels; light goods dispatch; motels; motor showrooms; places of worship; public buildings; recreation facilities; refreshment rooms; serviced apartments; subdivision; taverns; tradespersons’ supply and service stores; utility installations; vehicle rental centres; warehouse or distribution centres.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 5 (a) Special Uses

1 Objectives of zone The primary objective is to ensure the orderly use of land identified for Sydney (Kingsford-Smith) Airport, Port Botany and the Botany-Sydenham goods railway line or which is reserved and proposed to be acquired for arterial roads or widening of arterial roads or for utility undertakings.
The secondary objective is to encourage energy efficiency and energy conservation in all forms of development permissible within the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

The particular land use indicated by lettering on the map, including land uses ordinarily incidental or ancillary to the particular land use indicated by lettering on the map; building identification signs; business identification signs; car parking facilities; child care centres; community facilities; general advertising; recreational areas; recreation facilities; roads; subdivision; utility installations.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 6 (a) Open Space and Recreation

1 Objectives of zone The primary objective is the provision of different kinds of public open space and recreational land within the local government area to meet the needs of the community.
The secondary objectives are:

(a) to identify existing local and regional publicly owned land used or capable of being used for open space and recreational purposes,

(b) to enable development of land for open space and recreational purposes,

(c) to provide opportunities to enhance the environmental quality of the local government area,

(d) to identify, protect and conserve the Botany wetlands system which are environmentally and visually significant,

(e) to protect and conserve foreshore land, and

(f) to encourage energy efficiency and energy conservation in all forms of development permissible in the zone.

2 Development which may be carried out without development consent Development for the purpose of:

Landscaping works; parks and gardens; roads.

Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Building identification signs; business identification signs; child care centres; clubs; community facilities; recreation areas; recreation facilities; refreshment rooms; subdivision; utility installations.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 6 (b) Private Open Space and Recreation

1 Objectives of the zone The primary objectives are to identify and enable use of existing local privately owned land for open space and recreational purposes.
The secondary objective is to encourage energy efficiency and energy conservation in all forms of development permissible in the zone.

2 Development which may be carried out without development consent Development for the purpose of:

Landscaping works; parks and gardens; roads.

Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Building identification signs; business identification signs; child care centres; community facilities; recreation areas; recreation facilities; subdivision; utility installation.

Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 6 (c) Open Space-Recreation-Restricted

1 Objectives of zone The primary objective is to permit open space and recreational land uses while protecting nearby wetlands and their associated riparian vegetation, threatened species and endangered ecological communities.
The secondary objectives are:

(a) to ensure that open space is managed in accordance with ecologically sustainable land management practices, and

(b) to enable development that will not destroy, damage or compromise the ecological, scientific or scenic values of wetlands and their associated riparian vegetation, threatened species and endangered ecological communities, and

(c) to conserve and enhance the wetlands and associated riparian zones, and

(d) to provide for an aesthetic and recreational landscape, and

(e) to ensure development will not have a detrimental impact on the Botany Sands Aquifer and surface water quality.

2 Development which may be carried out without development consent Development for the purpose of:

Environmental educational projects; environmental restoration works (in accordance with an environmental management plan adopted by Sydney Water Corporation); utility undertakings.

Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Building identification signs; business identification signs; landscaping works; recreation areas; roads; utility installations.

Demolition.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 10 (a) Mixed Uses-Commercial/Residential

1 Objectives of the zone The primary objective is to permit a mixture of compatible residential and non-residential activities and promote development that enhances the revitalisation of the locality.
The secondary objectives are:

(a) to permit non-residential development of a type that is unlikely to impact adversely on the amenity of residents in the zone, and

(b) to encourage a range of compatible employment-generating uses in the zone, and

(c) to encourage development that provides a positive contribution to the streetscape and public domain, and

(d) to encourage energy efficiency in all forms of development in the zone, and

(e) to encourage best practice stormwater management in the zone, and

(f) to capitalise on the location of transport facilities in or near the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Building identification signs; business identification signs; child care centres; commercial premises; community facilities; convenience shops or facilities; educational establishments; health care professionals; hotels; motels; places of public worship; public buildings; recreation areas; recreation facilities; refreshment rooms; residential flat buildings; roads; serviced apartments; units for aged persons; utility installations; utility undertakings.

Subdivision.
Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.

Zone No 10 (b) Mixed Uses-Commercial/Warehouse

1 Objectives of the zone The primary objective is to permit a mixture of compatible non-residential activities that improve environmental amenity and promote revitalisation in the locality.
The secondary objectives are:

(a) to permit non-residential development of a type that is unlikely to impact adversely on the amenity of residents in any adjacent or nearby residential or mixed-use zone, and

(b) to encourage a range of compatible employment-generating uses in the zone, and

(c) to encourage development that provides a positive contribution to the streetscape and public domain, and

(d) to encourage energy efficiency in all forms of development in the zone, and

(e) to encourage best practice stormwater management in the zone, and

(f) to capitalise on the location of transport facilities in or near the zone.

2 Development which may be carried out without development consent Exempt development.

3 Development which may be carried out only with development consent Development for the purpose of:

Building identification signs; business identification signs; car parking facilities; commercial premises; community facilities; convenience shops or facilities; educational establishments; health care professionals’ rooms; high technology industry; hotels; light goods dispatch; motels; motor showrooms; places of assembly; places of public worship; recreation facilities; refreshment rooms; roads; tradespersons’ supply and service stores; utility installations; utility undertakings; vehicle rental centres; warehouse or distribution centres.

Airport-related land uses; subdivision.
Demolition of any building or work, archaeological site, potential archaeological site shown on the map, place of Aboriginal heritage significance, or potential place of Aboriginal heritage significance shown on the map.

4 Development which is prohibited Any development other than development included in item 2 or 3.